Full Text of HB5801 101st General Assembly
HB5801 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5801 Introduced 11/10/2020, by Rep. Jonathan "Yoni" Pizer SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-3-3 | from Ch. 38, par. 1003-3-3 | 730 ILCS 5/3-3-3.1 new | | 730 ILCS 5/3-5-1 | from Ch. 38, par. 1003-5-1 |
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Amends the Unified Code of Corrections. Notwithstanding any provision of law to the contrary, a person serving a term of imprisonment in a Department of Corrections institution or facility is eligible for Earned Discretionary Release and a parole hearing if he or she has served the greater of: (1) a term of imprisonment of at least 20 years; (2) 25% of his or her sentence; or (3) the minimum term of imprisonment for the most serious offense for which the person was convicted. Provides that a person serving a term of natural life imprisonment is eligible for Earned Discretionary Release and a parole hearing after serving a term of imprisonment of at least 20 years. Provides that each committed person eligible for Earned Discretionary Release on the effective date of the amendatory Act shall receive a risk assessment within one year after the effective date of the amendatory Act. Deletes language providing that no person serving a term of natural life imprisonment may be paroled
or released except through executive clemency. Contains a severability provision.
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-3 and 3-5-1 and by adding Section 3-3-3.1 | 6 | | as follows:
| 7 | | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 8 | | Sec. 3-3-3. Eligibility for parole or release.
| 9 | | (a) Except as otherwise provided in Section 3-3-3.1 and | 10 | | except Except for those offenders who accept the fixed release
| 11 | | date established by the Prisoner Review Board under Section
| 12 | | 3-3-2.1, every person serving a term of imprisonment under
the | 13 | | law in effect prior to the effective date of this
amendatory | 14 | | Act of 1977 shall be eligible for parole when
he or she has | 15 | | served:
| 16 | | (1) the minimum term of an indeterminate sentence less
| 17 | | time credit for good behavior, or 20 years less time credit
| 18 | | for good behavior, whichever is less; or
| 19 | | (2) 20 years of a life sentence less time credit for | 20 | | good behavior; or
| 21 | | (3) 20 years or one-third of a determinate sentence,
| 22 | | whichever is less, less time credit for good behavior.
| 23 | | (b) Except as otherwise provided in Section 3-3-3.1, no No |
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| 1 | | person sentenced under this amendatory Act of 1977 or who | 2 | | accepts
a release date under Section 3-3-2.1 shall be eligible | 3 | | for parole.
| 4 | | (c) Except as otherwise provided in Section 3-3-3.1 and | 5 | | except Except for those sentenced to a term of natural
life | 6 | | imprisonment, every person sentenced to imprisonment
under | 7 | | this amendatory Act of 1977 or given a release date
under | 8 | | Section 3-3-2.1 of this Act shall serve the full term
of a | 9 | | determinate sentence less time credit for good behavior
and | 10 | | shall then be released under the mandatory supervised
release | 11 | | provisions of paragraph (d) of Section 5-8-1 of this Code.
| 12 | | (d) (Blank). No person serving a term of natural life | 13 | | imprisonment may be paroled
or released except through | 14 | | executive clemency.
| 15 | | (e) Every person committed to the Department of Juvenile | 16 | | Justice under the Juvenile
Court Act
of 1987 and confined in | 17 | | the State correctional
institutions or facilities if such | 18 | | juvenile has not been
tried as an adult shall be eligible for | 19 | | aftercare release under Section 3-2.5-85 of this Code.
However, | 20 | | if a juvenile has been tried as an adult he or she shall
only be | 21 | | eligible for parole or mandatory supervised release
as an adult | 22 | | under this Section.
| 23 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| 24 | | (730 ILCS 5/3-3-3.1 new) | 25 | | Sec. 3-3-3.1. Earned Discretionary Release; parole |
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| 1 | | hearings; sentences of 20 years or longer; life imprisonment; | 2 | | early release. | 3 | | (a) Notwithstanding any provision of law to the contrary, | 4 | | including, but not limited to, this Code, Article 122 of the | 5 | | Code of Criminal Procedure of 1963, Article X of the Code of | 6 | | Civil Procedure, or Section 2-1401 of the Code of Civil | 7 | | Procedure, a person serving a term of imprisonment in a | 8 | | Department of Corrections institution or facility is eligible | 9 | | for Earned Discretionary Release and a parole hearing
under | 10 | | this Article if he or she has served the greater of: | 11 | | (1) a term of imprisonment of at least 20 years; | 12 | | (2) 25% of his or her sentence; or | 13 | | (3) the minimum term of imprisonment for the most | 14 | | serious offense for which the person was convicted. | 15 | | A person serving a term of natural life imprisonment is | 16 | | eligible for Earned Discretionary Release and a parole hearing | 17 | | under this Article after serving a term of imprisonment of at | 18 | | least 20 years. A person seeking early release under this | 19 | | Section may petition the Prisoner Review Board in the same | 20 | | manner as a person eligible for parole under Section 3-3-2.1 of | 21 | | this Code and, unless otherwise provided in this Section, the | 22 | | parole hearing shall be conducted as provided in this Article | 23 | | and the Open Parole Hearings Act. | 24 | | (b) Veterans, as defined in Section 10 of the Veterans and | 25 | | Servicemembers Court Treatment Act, who have been honorably | 26 | | discharged are eligible for additional sentence credit as |
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| 1 | | determined by the Prisoner Review Board. | 2 | | (c) A risk assessment instrument shall be used to evaluate | 3 | | every committed person described in this Section at the time of | 4 | | his or her admittance to an institution or facility of the | 5 | | Department for the offense or offenses that resulted in the | 6 | | person's sentence in order to determine the risk factors and | 7 | | identify goals or behavior that the committed person needs to | 8 | | achieve or change in order to be released. | 9 | | (d) Each committed person eligible for Earned | 10 | | Discretionary Release under this Section on the effective date | 11 | | of this amendatory Act of the 101st General Assembly shall | 12 | | receive a risk assessment within one year after the effective | 13 | | date of this amendatory Act of the 101st General Assembly. | 14 | | (e) Victims have the right to be present and involved in | 15 | | the initial outlining of the goals for a committed person | 16 | | described in this Section. Victims may have input into the | 17 | | goals that must be achieved by a committed person before the | 18 | | committed person may be released. The risk assessment | 19 | | instrument shall be the primary factor for determining what | 20 | | goals a committed person must accomplish before being released. | 21 | | Each interested party may have meaningful input before the | 22 | | determination of the committed person's final goals. | 23 | | (f) On the effective date of this amendatory Act of the | 24 | | 101st General Assembly, prior evidence of the petitioner's | 25 | | participation in rehabilitative programs shall be added to the | 26 | | petitioner's master record file under Section 3-5-1 and shall |
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| 1 | | be considered at the petitioner's parole hearing. | 2 | | (g) The source code of any risk assessment instrument under | 3 | | subsection (d) shall be made available to a panel composed of | 4 | | representatives from the Illinois Criminal Justice Information | 5 | | Authority and the Illinois Sentencing Policy Advisory Council | 6 | | for periodic review for racial, religious, ethnic, gender, | 7 | | sexual orientation, and socioeconomic biases. | 8 | | (h) The Department has a duty to provide rehabilitative | 9 | | programming for each committed person described in this | 10 | | Section. | 11 | | (i) A committed person described in this Section may not be | 12 | | barred from rehabilitative programming because his or her | 13 | | anticipated release is not in the near future. | 14 | | (j) A committed person described in this Section during any | 15 | | period of his or her imprisonment in a Department institution | 16 | | or facility has the right to engage in rehabilitative | 17 | | programming after meeting with a counselor and developing an | 18 | | individualized plan of rehabilitation, which shall be made | 19 | | available to the Prisoner Review Board prior to the parole | 20 | | hearing. | 21 | | (k) On the effective date of this amendatory Act of the | 22 | | 101st General Assembly, each correctional facility shall | 23 | | comprehensively evaluate how well it facilitates relationships | 24 | | between committed persons in its custody and their family | 25 | | members. This includes, but is not limited to: visiting hours | 26 | | and procedures, phone call protocol and costs, letter writing, |
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| 1 | | and other factors deemed relevant by the Director of | 2 | | Corrections. | 3 | | (l) Every committed person described in this Section has | 4 | | the right to legal representation at his or her parole hearing. | 5 | | If the committed person cannot afford legal counsel, free legal | 6 | | service representatives may be utilized. | 7 | | (m) Every committed person described in this Section may | 8 | | attend and testify at his or her parole hearing. | 9 | | (n) Every committed person described in this Section shall | 10 | | be provided full and complete access to his or her master | 11 | | record file at least 60 days prior to any parole hearing. The | 12 | | committed person has a right to challenge any false, | 13 | | misleading, or otherwise inaccurate information contained | 14 | | therein. The Department of Corrections shall establish an | 15 | | expedited process for committed persons to challenge such | 16 | | false, misleading, or otherwise inaccurate information so that | 17 | | it can be removed prior to any parole hearing. | 18 | | (o) Nothing in this amendatory Act of the 101st General | 19 | | Assembly guarantees release. This amendatory Act of the 101st | 20 | | General Assembly only guarantees the opportunity of the | 21 | | committed person to present evidence at his or her parole | 22 | | hearing to demonstrate his or her rehabilitation before the | 23 | | Prisoner Review Board and to seek Earned Discretionary Release.
| 24 | | (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
| 25 | | Sec. 3-5-1. Master Record File.
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| 1 | | (a) The Department of Corrections and the Department of | 2 | | Juvenile Justice shall
maintain a master record file on each | 3 | | person committed to it,
which shall contain the following | 4 | | information:
| 5 | | (1) all information from the committing court;
| 6 | | (1.5) ethnic and racial background data collected in | 7 | | accordance with Section 4.5 of the Criminal Identification | 8 | | Act; | 9 | | (2) reception summary;
| 10 | | (3) evaluation and assignment reports and | 11 | | recommendations;
| 12 | | (4) reports as to program assignment and progress;
| 13 | | (5) reports of disciplinary infractions and | 14 | | disposition, including tickets and Administrative Review | 15 | | Board action;
| 16 | | (6) any parole or aftercare release plan;
| 17 | | (7) any parole or aftercare release reports;
| 18 | | (8) the date and circumstances of final discharge; | 19 | | (9) criminal history; | 20 | | (10) current and past gang affiliations and ranks; | 21 | | (11) information regarding associations and family | 22 | | relationships; | 23 | | (12) any grievances filed and responses to those | 24 | | grievances; and | 25 | | (13) other information that the respective Department | 26 | | determines is relevant to the secure confinement and |
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| 1 | | rehabilitation of the committed person.
| 2 | | (b) Except as otherwise provided in subsection (n) of | 3 | | Section 3-3-3.l, all All files shall be confidential and access | 4 | | shall be
limited to authorized personnel of the respective | 5 | | Department.
Personnel of other correctional, welfare or law | 6 | | enforcement
agencies may have access to files under rules and | 7 | | regulations
of the respective Department. The respective | 8 | | Department shall keep a record of all
outside personnel who | 9 | | have access to files, the files reviewed,
any file material | 10 | | copied, and the purpose of access. If the
respective Department | 11 | | or the Prisoner Review Board makes a determination
under this | 12 | | Code which affects the length of the period of
confinement or | 13 | | commitment, the committed person and his counsel
shall be | 14 | | advised of factual information relied upon by the
respective | 15 | | Department or Board to make the determination, provided that
| 16 | | the Department or Board shall not be required to advise a
| 17 | | person committed to the Department of Juvenile Justice any such | 18 | | information
which in the opinion of the Department of Juvenile | 19 | | Justice or Board would be
detrimental to his treatment or | 20 | | rehabilitation.
| 21 | | (c) The master file shall be maintained at a place
| 22 | | convenient to its use by personnel of the respective Department | 23 | | in
charge of the person. When custody of a person is | 24 | | transferred
from the Department to another department or | 25 | | agency, a
summary of the file shall be forwarded to the | 26 | | receiving
agency with such other information required by law or
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| 1 | | requested by the agency under rules and regulations of the
| 2 | | respective Department.
| 3 | | (d) The master file of a person no longer in the custody
of | 4 | | the respective Department shall be placed on inactive status | 5 | | and its
use shall be restricted subject to rules and | 6 | | regulations of
the Department.
| 7 | | (e) All public agencies may make available to the
| 8 | | respective Department on request any factual data not otherwise
| 9 | | privileged as a matter of law in their possession in respect
to | 10 | | individuals committed to the respective Department.
| 11 | | (Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15; | 12 | | 98-558, eff. 1-1-14; 98-756, eff. 7-16-14 .)
| 13 | | Section 97. Severability. The provisions of this Act are | 14 | | severable under Section 1.31 of the Statute on Statutes.
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