Public Act 100-1182
 
HB0531 EnrolledLRB100 05907 RLC 15933 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 5. The Unified Code of Corrections is amended  by 
changing Sections 3-3-1, 3-3-2, 3-3-9, 5-4.5-20, 5-4.5-25, 
5-4.5-30,  and 5-8-1 and by adding Section 5-4.5-110 as follows:
 


    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)



    Sec. 3-3-1. Establishment and appointment of Prisoner 
Review Board. 

    (a) There shall be a Prisoner Review Board independent of 
the Department
 which shall be:

        (1) the paroling authority for persons sentenced under 
    the
law in effect  prior to the effective date of this 
    amendatory
Act of 1977;

        (1.2) the paroling authority for persons eligible for 
    parole review under Section 5-4.5-110; 
        (1.5) (blank); 
        (2) the board of review for cases involving the 
    revocation
of sentence credits or a suspension or reduction 
    in the
rate of accumulating the credit;

        (3) the board of review and recommendation for the 
    exercise
of executive clemency by the Governor;

        (4) the authority for establishing release dates for

    certain prisoners sentenced under the law in existence 
    prior
to the effective date of this amendatory Act of 1977, 
    in
accordance with Section 3-3-2.1 of this Code;

        (5) the authority for setting conditions for parole and


    mandatory supervised release under Section 5-8-1(a) of 
    this
Code, and determining whether a violation of those 
    conditions
warrant revocation of parole or mandatory 
    supervised release
or the imposition of other sanctions; 
    and
        (6) the authority for determining whether a violation 
    of aftercare release conditions warrant revocation of 
    aftercare release. 

    (b) The Board shall consist of 15 persons appointed by
the 
Governor by and with the advice and consent of the Senate.
One 
member of the Board shall be designated by the Governor
to be 
Chairman and shall serve as Chairman at the pleasure of
the 
Governor.  The members of the Board shall have had at
least 5 
years of actual experience in the fields of penology,

corrections work, law enforcement, sociology, law, education,

social work, medicine, psychology, other behavioral sciences,

or a combination thereof.  At least 6 members so appointed
must 
have had at least 3 years experience in the field of
juvenile 
matters.    No more than 8 Board members may be members
of the 
same political party. 

    Each member of the Board shall serve on a full-time basis

and shall not hold any other salaried public office, whether 
elective or
appointive, nor any other office or position of 
profit, nor engage in any
other business, employment, or 
vocation.  The Chairman of the Board shall
receive $35,000 a 
year, or an amount set by the Compensation Review Board,

whichever is greater, and each other member $30,000, or an 
amount set by the
Compensation Review Board, whichever is 
greater.

    (c) Notwithstanding any other provision of this Section,

the term of each member of the Board
who was appointed by the 
Governor and is in office on June 30, 2003 shall
terminate at 
the close of business on that date or when all of the successor

members to be appointed pursuant to this amendatory Act of the 
93rd General
Assembly have been appointed by the Governor, 
whichever occurs later.  As soon
as possible, the Governor shall 
appoint persons to fill the vacancies created
by this 
amendatory Act.

    Of the initial members appointed under this amendatory Act 
of the 93rd
General Assembly, the Governor shall appoint 5 
members whose terms shall expire
on the third Monday
in January 
2005, 5 members whose terms shall expire on the
third Monday in 
January 2007, and 5 members whose terms
shall expire on the 
third Monday in January 2009.  Their respective successors
shall 
be appointed for terms of 6 years from the third Monday
in 
January of the year of appointment.  Each member shall
serve 
until his or her successor is appointed and qualified.

    Any member may be removed by the Governor for incompetence, 
neglect of duty,
malfeasance or inability to serve.

    (d) The Chairman of the Board shall be its chief executive 
and
administrative officer.  The Board may have an Executive 
Director; if so,
the Executive Director shall be appointed by 
the Governor with the advice and
consent of the Senate.  The 
salary and duties of the Executive Director shall
be fixed by 
the Board.

(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)

 


    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)



    Sec. 3-3-2. Powers and duties. 

    (a) The Parole and Pardon Board is abolished and the term 
"Parole and
Pardon Board" as used in any law of Illinois, shall 
read "Prisoner Review
Board." After the effective date of this 
amendatory Act of 1977, the
Prisoner Review Board shall provide 
by rule for the orderly transition of
all files, records, and 
documents of the Parole and Pardon Board and for
such other 
steps as may be necessary to effect an orderly transition and 
shall:

        (1) hear by at least one member and through a panel of 
    at least 3 members
decide, cases of prisoners
who were 
    sentenced under the law in effect prior to the effective

    date of this amendatory Act of 1977, and who are eligible 
    for parole;

        (2) hear by at least one member and through a panel of 
    at least 3 members decide, the conditions of
parole and the 
    time of discharge from parole, impose sanctions for

    violations of parole, and revoke
parole for those sentenced 
    under the law in effect prior to this amendatory
Act of 
    1977; provided that the decision to parole and the 
    conditions of
parole for all prisoners who were sentenced 
    for first degree murder or who
received a minimum sentence 
    of 20 years or more under the law in effect
prior to 
    February 1, 1978 shall be determined by a majority vote of 
    the
Prisoner Review Board. One representative supporting 
    parole and one representative opposing parole will be 
    allowed to speak.  Their  comments  shall be limited to making 
    corrections and filling in omissions to the Board's 
    presentation and discussion;

        (3) hear by at least one member and through a panel of 
    at least 3 members decide, the conditions
of mandatory 
    supervised release and the time of discharge from mandatory

    supervised release, impose sanctions for violations of 
    mandatory
supervised release, and revoke mandatory 
    supervised release for those
sentenced under the law in 
    effect after the effective date of this
amendatory Act of 
    1977;

        (3.5) hear by at least one member and through a panel 
    of at least 3 members decide, the conditions of mandatory 
    supervised release and the time of discharge from mandatory 
    supervised release, to impose sanctions for violations of 
    mandatory supervised release and revoke mandatory 
    supervised release for those serving extended supervised 
    release terms pursuant to paragraph (4) of subsection (d) 
    of Section 5-8-1;

        (3.6) hear by at least one member and through a panel 
    of at least 3 members decide whether to revoke aftercare 
    release for those committed to the Department of Juvenile 
    Justice under the Juvenile Court Act of 1987; 
        (4) hear by at least one member and through a panel of 
    at least 3
members,
decide cases brought by the Department 
    of Corrections against a prisoner in
the custody of the 
    Department for alleged violation of Department rules
with 
    respect to sentence credits under Section 3-6-3 of this 
    Code
in which the Department seeks to revoke sentence 
    credits, if the amount
of time at issue exceeds 30 days or 
    when, during any 12 month period, the
cumulative amount of 
    credit revoked exceeds 30 days except where the
infraction 
    is committed or discovered within 60 days of scheduled 
    release.
In such cases, the Department of Corrections may 
    revoke up to 30 days of
sentence credit. The Board may 
    subsequently approve the revocation of
additional sentence 
    credit, if the Department seeks to revoke sentence credit 
    in excess of thirty days. However, the Board shall not be

    empowered to review the Department's decision with respect 
    to the loss of
30 days of sentence credit for any prisoner 
    or to increase any penalty
beyond the length requested by 
    the Department;

        (5) hear by at least one member and through a panel of 
    at least 3
members decide, the
release dates for certain 
    prisoners sentenced under the law in existence
prior to the 
    effective date of this amendatory Act of 1977, in

    accordance with Section 3-3-2.1 of this Code;

        (6) hear by at least one member and through a panel of 
    at least 3 members
decide, all requests for pardon, 
    reprieve or commutation, and make confidential

    recommendations to the Governor;

        (6.5) hear by at least one member who is qualified in 
    the field of juvenile matters and through a panel of at 
    least 3 members, 2 of whom are qualified in the field of 
    juvenile matters, decide parole review cases  in accordance 
    with Section 5-4.5-110 of this Code and make release 
    determinations of persons under the age of 21 at the time 
    of the commission of an offense or offenses, other than 
    those persons serving sentences for first degree murder or 
    aggravated criminal sexual assault; 
        (6.6) hear by at least a quorum  of
the Prisoner Review 
    Board and decide by a majority of members present at the 
    hearing, in accordance with Section 5-4.5-110 of this
Code, 
    release determinations of persons under the age of 21 at 
    the
time of the commission of an offense or offenses of 
    those persons serving
sentences for first degree murder or 
    aggravated criminal sexual assault; 
        (7) comply with the requirements of the Open Parole 
    Hearings Act;

        (8) hear by at least one member and, through a panel of 
    at least 3
members, decide cases brought by the Department 
    of Corrections against a
prisoner in the custody of the 
    Department for court dismissal of a frivolous
lawsuit 
    pursuant to Section 3-6-3(d) of this Code in which the 
    Department seeks
to revoke up to 180 days of sentence 
    credit, and if the prisoner has not
accumulated 180 days of 
    sentence credit at the time of the dismissal, then
all 
    sentence credit accumulated by the prisoner shall be 
    revoked;

        (9) hear by at least 3 members, and, through a panel of 
    at least 3
members, decide whether to grant certificates of 
    relief from
disabilities or certificates of good conduct as 
    provided in Article 5.5 of
Chapter V;
        (10) upon a petition by a person who has been convicted 
    of a Class 3 or Class 4 felony and who meets the 
    requirements of this paragraph, hear by at least 3 members 
    and, with the unanimous vote of a panel of 3 members, issue 
    a certificate of eligibility for sealing recommending that 
    the court order  the sealing of all official

    records of the 
    arresting authority, the circuit court clerk, and the 
    Department of State Police concerning the  arrest and 
    conviction for the Class 3 or 4 felony.   A person may not 
    apply to the Board for a certificate of eligibility for 
    sealing:
            (A)  until 5 years have elapsed since the expiration 
        of his or her sentence;
            (B) until 5 years have elapsed since any arrests or 
        detentions by a law enforcement officer for an alleged 
        violation of law, other than a petty offense, traffic 
        offense, conservation offense, or local ordinance 
        offense;
            (C) if convicted of a violation of the Cannabis 
        Control Act, Illinois Controlled Substances Act, the 
        Methamphetamine Control and Community Protection Act, 
        the Methamphetamine Precursor Control Act, or the 
        Methamphetamine Precursor Tracking Act unless the 
        petitioner has completed a drug abuse program for the 
        offense on which sealing is sought and provides proof 
        that he or she has completed the program successfully;
            (D)  if convicted of:
                (i) a sex offense described in Article 11 or 
            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of 
            the Criminal Code of 1961 or the Criminal Code of 
            2012;
                (ii) aggravated assault;
                (iii) aggravated battery;
                (iv)  domestic battery;
                (v) aggravated domestic battery;
                (vi) violation of an order of protection;
                (vii) an offense under the Criminal Code of 
            1961 or the Criminal Code of 2012 involving a 
            firearm; 
                (viii) driving while under the influence of 
            alcohol, other drug or drugs, intoxicating 
            compound or compounds or any combination thereof;
                (ix) aggravated driving while under the 
            influence of alcohol, other drug or drugs, 
            intoxicating compound or compounds or any 
            combination thereof; or
                (x) any crime defined as a crime of violence 
            under Section 2 of the Crime Victims Compensation  
            Act.
        If a person has applied to the Board for a certificate 
    of eligibility for  sealing and the Board denies the 
    certificate, the person must wait at least 4 years before 
    filing again or filing for pardon from the Governor unless 
    the Chairman of the Prisoner Review Board grants a waiver.
        The decision to issue or refrain from issuing a 
    certificate of eligibility for sealing shall be at the 
    Board's sole discretion, and shall not give rise to any 
    cause of action against either the Board or its members.
        The Board may only authorize the sealing of Class 3 and 
    4 felony convictions of the petitioner from one information 
    or indictment under this paragraph (10). A petitioner may 
    only receive one certificate of eligibility for sealing 
    under this provision for life; and

        (11)  upon a petition by a person who after having been 
    convicted of a Class 3 or Class 4 felony thereafter served 
    in the United States Armed Forces or National Guard of this 
    or any other state and had received an honorable discharge 
    from the United States Armed Forces or National Guard or 
    who at the time of filing the petition is enlisted in the 
    United States Armed Forces or National Guard of this or any 
    other state and served one tour of duty and who meets the 
    requirements of this paragraph, hear by at least 3 members 
    and, with the unanimous vote of a panel of 3 members, issue 
    a certificate of eligibility for expungement recommending 
    that the court order  the expungement of all official

    
    records of the arresting authority, the circuit court 
    clerk, and the Department of State Police concerning the  
    arrest and conviction for the Class 3 or 4 felony.   A person 
    may not apply to the Board for a certificate of eligibility 
    for expungement:
            (A) if convicted of:
                (i) a sex offense described in Article 11 or 
            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of 
            the Criminal Code of 1961 or Criminal Code of 2012;
                (ii) an offense under the Criminal Code of 1961 
            or Criminal Code of 2012 involving a firearm; or
                (iii) a crime of violence as defined in Section 
            2 of the Crime Victims Compensation Act; or
            (B) if the person has not served in the United 
        States Armed Forces or National Guard of this or any 
        other state or has not received an honorable discharge 
        from the United States Armed Forces or National Guard 
        of this or any other state or who at the time of the 
        filing of the petition is serving in the United States 
        Armed Forces or National Guard of this or any other 
        state and has not completed one tour of duty.
        If a person has applied to the Board for a certificate 
    of eligibility for  expungement and the Board denies the 
    certificate, the person must wait at least 4 years before 
    filing again or filing for a pardon with authorization for 
    expungement from the Governor unless the Governor or 
    Chairman of the Prisoner Review Board grants a waiver. 
    (a-5) The Prisoner Review Board, with the cooperation of 
and in
coordination with the Department of Corrections and the 
Department of Central
Management Services, shall implement a 
pilot project in 3 correctional
institutions providing for the 
conduct of hearings under paragraphs (1) and
(4)
of subsection 
(a) of this Section through interactive video conferences.
The

project shall be implemented within 6 months after the 
effective date of this
amendatory Act of 1996.  Within 6 months 
after the implementation of the pilot
project, the Prisoner 
Review Board, with the cooperation of and in coordination
with 
the Department of Corrections and the Department of Central 
Management
Services, shall report to the Governor and the 
General Assembly regarding the
use, costs, effectiveness, and 
future viability of interactive video
conferences for Prisoner 
Review Board hearings.

    (b) Upon recommendation of the Department the Board may 
restore sentence credit previously revoked.

    (c) The Board shall cooperate with the Department in 
promoting an
effective system of parole and mandatory 
supervised release.

    (d) The Board shall promulgate rules for the conduct of its 
work,
and the Chairman shall file a copy of such rules and any 
amendments
thereto with the Director and with the Secretary of 
State.

    (e) The Board shall keep records of all of its official 
actions and
shall make them accessible in accordance with law 
and the rules of the
Board.

    (f) The Board or one who has allegedly violated the 
conditions of
his or her parole, aftercare release, or 
mandatory supervised release may require by subpoena the

attendance and testimony of witnesses and the production of 
documentary
evidence relating to any matter under 
investigation or hearing. The
Chairman of the Board may sign 
subpoenas which shall be served by any
agent or public official 
authorized by the Chairman of the Board, or by
any person 
lawfully authorized to serve a subpoena under the laws of the

State of Illinois. The attendance of witnesses, and the 
production of
documentary evidence, may be required from any 
place in the State to a
hearing location in the State before 
the Chairman of the Board or his or her
designated agent or 
agents or any duly constituted Committee or
Subcommittee of the 
Board.  Witnesses so summoned shall be paid the same
fees and 
mileage that are paid witnesses in the circuit courts of the

State, and witnesses whose depositions are taken and the 
persons taking
those depositions are each entitled to the same 
fees as are paid for
like services in actions in the circuit 
courts of the State. Fees and
mileage shall be vouchered for 
payment when the witness is discharged
from further attendance.

    In case of disobedience to a subpoena, the Board may 
petition any
circuit court of the State for an order requiring 
the attendance and
testimony of witnesses or the production of 
documentary evidence or
both. A copy of such petition shall be 
served by personal service or by
registered or certified mail 
upon the person who has failed to obey the
subpoena, and such 
person shall be advised in writing that a hearing
upon the 
petition will be requested in a court room to be designated in

such notice before the judge hearing motions or extraordinary 
remedies
at a specified time, on a specified date, not less 
than 10 nor more than
15 days after the deposit of the copy of 
the written notice and petition
in the U.S. mails addressed to 
the person at his last known address or
after the personal 
service of the copy of the notice and petition upon
such 
person. The court upon the filing of such a petition, may order 
the
person refusing to obey the subpoena to appear at an 
investigation or
hearing, or to there produce documentary 
evidence, if so ordered, or to
give evidence relative to the 
subject matter of that investigation or
hearing. Any failure to 
obey such order of the circuit court may be
punished by that 
court as a contempt of court.

    Each member of the Board and any hearing officer designated 
by the
Board shall have the power to administer oaths and to 
take the testimony
of persons under oath.

    (g) Except under subsection (a) of this Section, a majority 
of the
members then appointed to the Prisoner Review Board 
shall constitute a
quorum for the transaction of all business 
of the Board.

    (h) The Prisoner Review Board shall annually transmit to 
the
Director a detailed report of its work for the preceding 
calendar year.
The annual report shall also be transmitted to 
the Governor for
submission to the Legislature.

(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; 
98-756, eff. 7-16-14; 99-628, eff. 1-1-17.)

 


    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)

    Sec. 3-3-9. Violations; changes of conditions; preliminary

hearing; revocation of parole or mandatory supervised release;

revocation hearing.
    (a) If prior to expiration or termination of the term of

parole or mandatory supervised release, a person violates a

condition set by the Prisoner Review Board or a condition of 
parole or
mandatory supervised release under Section 3-3-7 of 
this Code to govern that
term,
the Board may:

        (1) continue the existing term, with or without 
    modifying or
enlarging the conditions; or

        (1.5) for those released as a result of youthful 
    offender parole as set forth in Section 5-4.5-110 of this 
    Code, order that the inmate be subsequently rereleased to 
    serve a specified mandatory supervised release term not to 
    exceed the full term permitted under the provisions of 
    5-4.5-110 and subsection (d) of Section 5-8-1 of this Code 
    and may modify or enlarge the conditions of the release as 
    the Board deems proper; or 
        (2) parole or release the person to a half-way house; 
    or

        (3) revoke the parole or mandatory supervised release 
    and
reconfine the person for a term computed in the 
    following
manner:

            (i) (A) For those sentenced under the law in effect 
        prior to
this amendatory Act of 1977, the recommitment 
        shall be for any
portion of the imposed maximum term of 
        imprisonment or confinement
which had not been served 
        at the time of parole and the parole
term, less the 
        time elapsed between the parole of the person and
the 
        commission of the violation for which parole was 
        revoked;

            (B) Except as set forth in paragraphs paragraph (C) 
        and (D), for

those subject to mandatory supervised 
        release under
paragraph (d) of Section 5-8-1 of this 
        Code, the recommitment
shall be for the total mandatory 
        supervised release term, less
the time elapsed between 
        the release of the person and the
commission of the 
        violation for which mandatory supervised
release is 
        revoked. The Board may also order that a prisoner
serve 
        up to one year of the sentence imposed by the court 
        which
was not served due to the accumulation of 
        sentence credit;

            (C) For those subject to sex offender supervision 
        under clause (d)(4) of Section 5-8-1 of this Code, the 
        reconfinement period for violations of clauses (a)(3) 
        through (b-1)(15) of Section 3-3-7 shall not exceed 2 
        years from the date of reconfinement;

            (D) For those released as a result of youthful 
        offender parole as set forth in Section 5-4.5-110 of 
        this Code, the reconfinement period shall be for the 
        total mandatory supervised release term, less the time 
        elapsed between the release of the person and the 
        commission of the violation for which mandatory 
        supervised release is revoked. The Board may also order 
        that a prisoner serve up to one year of the mandatory 
        supervised release term previously earned. The Board 
        may also order that the inmate be subsequently 
        rereleased to serve a specified mandatory supervised 
        release term not to exceed the full term permitted 
        under the provisions of 5-4.5-110 and subsection (d) of 
        Section 5-8-1 of this Code and may modify or enlarge 
        the conditions of the release as the Board deems 
        proper; 
        
    (ii) the person shall be given credit against the 
        term of
reimprisonment or reconfinement for time spent 
        in custody
since he or she was paroled or released 
        which has not been credited
against another sentence or 
        period of confinement;

        
    (iii) (blank);

        
    (iv) this Section is subject to the release under

        supervision and the reparole and rerelease provisions 
        of Section
3-3-10.

    (b) The Board may revoke parole or mandatory supervised

release for violation of a condition for the duration of the

term and for any further period which is reasonably necessary

for the adjudication of matters arising before its expiration.

The issuance of a warrant of arrest for an alleged violation
of 
the conditions of parole or mandatory supervised release
shall 
toll the running of the term until the final determination of 
the
charge. When
 parole or mandatory supervised release is not 
revoked
that period shall be credited to the term,  unless a 
community-based sanction is imposed as an alternative to 
revocation and reincarceration, including a diversion 
established by the Illinois Department of Corrections Parole 
Services Unit prior to the holding of a preliminary parole 
revocation hearing.  Parolees who are diverted to a 
community-based sanction shall serve the entire term of parole 
or mandatory supervised release, if otherwise appropriate.

    (b-5) The Board shall revoke parole or mandatory supervised 
release for violation of the conditions prescribed in paragraph 
(7.6) of subsection (a) of Section 3-3-7.
    (c) A person charged with violating a condition of parole 
or
mandatory supervised release shall have a preliminary 
hearing
before a hearing officer designated by the Board to 
determine
if there is cause to hold the person for a revocation 
hearing.
However, no preliminary hearing need be held when 
revocation is based
upon new criminal charges and a court finds 
probable cause on the new
criminal charges or when the 
revocation
is based upon a new criminal conviction and a 
certified copy of
that conviction is available.

    (d) Parole or mandatory supervised release shall not be

revoked without written notice to the offender setting forth

the violation of parole or mandatory supervised release charged

against him or her.

    (e) A hearing on revocation shall be conducted before at

least one member of the Prisoner Review Board. The Board may

meet and order its actions in panels of 3 or more members.
The 
action of a majority of the panel shall be the action of
the 
Board.  A record
of the hearing shall be made. At the hearing 
the offender shall
be permitted to:

        (1) appear and answer the charge; and

        (2) bring witnesses on his or her behalf.

    (f) The Board shall either revoke parole or mandatory

supervised release or order the person's term continued with
or 
without modification or enlargement of the conditions.

    (g) Parole or mandatory supervised release shall not be

revoked for failure to make payments under the conditions of

parole or release unless the Board determines that such failure 
is
due to the offender's willful refusal to pay.

(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; 
99-628, eff. 1-1-17.)

 
    (730 ILCS 5/5-4.5-20)
    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first 
degree murder:
    (a) TERM. The defendant shall be sentenced to imprisonment 
or, if  appropriate, death under Section 9-1 of the Criminal 
Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). 
Imprisonment shall be for a determinate term, subject to 
Section 5-4.5-110 of this Code, of (1) not less than 20 years 
and not more than 60 years; (2) not less than 60 years and not 
more than 100 years when an extended term is imposed under 
Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as 
provided in Section 5-8-1 (730 ILCS 5/5-8-1).

    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
shall not be imposed.

    (c) IMPACT INCARCERATION. The impact incarceration program 
or the county impact incarceration program is not an authorized 
disposition.

    (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
probation or conditional discharge shall not be imposed.

    (e) FINE. Fines may be imposed as provided in Section 
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
concerning restitution.

    (g) CONCURRENT OR  CONSECUTIVE SENTENCE. The sentence shall 
be concurrent or consecutive as provided in Section 5-8-4 (730 
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

    (h) DRUG COURT. Drug court is not an authorized 
disposition.

    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
ILCS 5/5-4.5-100)  concerning no credit for time spent in home 
detention prior to judgment.

    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
for rules and regulations for sentence credit.

    (k) ELECTRONIC HOME DETENTION. Electronic home detention 
is not an authorized disposition, except in limited 
circumstances as provided in  Section 5-8A-3 (730 ILCS 
5/5-8A-3).

    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
provided  in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or 
mandatory supervised release term shall be 3 years upon release 
from imprisonment.


(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
 
    (730 ILCS 5/5-4.5-25)
    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X 
felony:
    (a) TERM. The sentence of imprisonment shall be a 
determinate sentence, subject to Section 5-4.5-110 of this 
Code, of not less than 6 years and not more than 30 years. The 
sentence of imprisonment for an extended term Class X felony, 
as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to 
Section 5-4.5-110 of this Code, shall be not less than 30 years 
and not more than 60 years.

    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
shall not be imposed.

    (c) IMPACT INCARCERATION. The impact incarceration program 
or the county impact incarceration program is not an authorized 
disposition.

    (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
probation or conditional discharge shall not be imposed.

    (e) FINE. Fines may be imposed as provided in Section 
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
concerning restitution.

    (g) CONCURRENT OR  CONSECUTIVE SENTENCE. The sentence shall 
be concurrent or consecutive as provided in Section 5-8-4 (730 
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

    (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
Act (730 ILCS 166/20) concerning eligibility for a drug court 
program.

    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
ILCS 5/5-4.5-100)  concerning no credit for time spent in home 
detention prior to judgment.

    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
for rules and regulations for sentence credit.

    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
5/5-8A-3) concerning eligibility for electronic home 
detention.

    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
provided  in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
5/5-8-1), the parole or mandatory supervised release term shall 
be 3 years upon release from imprisonment.


(Source: P.A. 97-697, eff. 6-22-12.)
 
    (730 ILCS 5/5-4.5-30)
    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 
felony:
    (a) TERM. The sentence of imprisonment, other than for 
second degree murder,  shall be a determinate sentence of not 
less than 4 years and not more than 15 years, subject to 
Section 5-4.5-110 of this Code. The sentence of imprisonment 
for second degree murder shall be a determinate sentence of not 
less than 4 years and not more than 20 years, subject to 
Section 5-4.5-110 of this Code. The sentence of imprisonment 
for an extended term Class 1 felony, as provided in Section 
5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this 
Code,  shall be a term not less than 15 years and not more than 
30 years.

    (b) PERIODIC IMPRISONMENT. A sentence of periodic 
imprisonment shall be for a definite term of from 3 to 4 years, 
except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
ILCS 5/5-5-3 or 5/5-7-1).

    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
(730 ILCS 5/5-8-1.1 and  5/5-8-1.2) concerning eligibility for 
the  impact incarceration program or the county impact 
incarceration program.

    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
period of probation or conditional discharge shall not exceed 4 
years. The court shall specify the conditions of probation or 
conditional discharge as set forth in Section 5-6-3 (730 ILCS 
5/5-6-3). In no case shall an offender be eligible for a 
disposition of probation or conditional discharge for a Class 1 
felony committed while he or she was serving a term of 
probation or conditional discharge for a felony.

    (e) FINE. Fines may be imposed as provided in Section 
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
concerning restitution.

    (g) CONCURRENT OR  CONSECUTIVE SENTENCE. The sentence shall 
be concurrent or consecutive as provided in Section 5-8-4 (730 
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

    (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
Act (730 ILCS 166/20) concerning eligibility for a drug court 
program.

    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
ILCS 5/5-4.5-100)  concerning credit for time spent in home 
detention prior to judgment.

    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
(730 ILCS 130/) for rules and regulations for sentence credit.

    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
5/5-8A-3) concerning eligibility for electronic home 
detention.

    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
provided  in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
5/5-8-1), the parole or mandatory supervised release term shall 
be 2 years upon release from imprisonment.


(Source: P.A. 97-697, eff. 6-22-12.)
 
    (730 ILCS 5/5-4.5-110 new)
    Sec. 5-4.5-110. Parole review of persons under the age of 
21 at the time of the commission of an offense.
    (a)  For purposes of this Section, "victim" means a victim 
of a violent crime as defined in subsection (a) of Section 3 of 
the Rights of Crime  Victims and Witnesses Act including a  
witness as defined in subsection (b) of Section 3 of the Rights 
of Crime Victims and Witnesses Act; any person legally related 
to the victim by blood, marriage, adoption, or guardianship; 
any friend of the victim; or any concerned citizen.
    (b)  A person under 21 years of age at the time of the 
commission of an offense or offenses, other than first degree 
murder, and who is not serving a sentence for first degree 
murder and who is sentenced on or after the effective date of 
this amendatory Act of the  100th General Assembly shall be 
eligible for parole review by the Prisoner Review Board after 
serving 10 years or more of his or her sentence or sentences, 
except for those serving a sentence or sentences for: (1) 
aggravated criminal sexual assault who shall be eligible for 
parole review by the Prisoner Review Board after serving 20 
years or more of his or her sentence or sentences or (2) 
predatory criminal sexual assault of a child who shall not  be 
eligible for parole review by the Prisoner Review Board under 
this Section. A person under 21 years of age at the time of the 
commission of first degree murder who is sentenced on or after 
the effective date of this amendatory Act of the  100th General 
Assembly shall be eligible for parole review by the Prisoner 
Review Board after serving
20 years or more of his or her 
sentence or sentences, except for those subject to a term of 
natural life imprisonment under Section 5-8-1 of this Code or 
any person subject to sentencing under subsection (c) of 
Section 5-4.5-105 of this Code.
    (c) Three years prior to becoming eligible for parole 
review, the eligible person may file his or her petition for 
parole review with the Prisoner Review Board.
The petition 
shall include a copy of the order of commitment and sentence to 
the Department of Corrections for the offense or offenses for 
which review is sought. Within 30 days of receipt of this 
petition, the Prisoner Review Board shall determine whether the 
petition is appropriately filed, and if so, shall set a date 
for parole review 3 years from receipt of the petition and 
notify the Department of Corrections within 10 business days. 
If the Prisoner Review Board determines that the petition is 
not appropriately filed, it shall notify the petitioner in 
writing, including a basis for its determination.
    (d) Within 6 months of the Prisoner Review Board's 
determination that the petition was appropriately filed, a 
representative from the Department of Corrections shall meet 
with the eligible person and
provide the inmate information 
about the parole hearing process and personalized 
recommendations for the inmate regarding his or her work 
assignments, rehabilitative programs, and institutional 
behavior. Following this meeting, the eligible person has 7 
calendar days to file a written request to the representative 
from the Department of Corrections who met with the eligible 
person of any additional programs and services which the 
eligible person believes should be made available to prepare 
the eligible person for return to the community. 
    (e)   One year prior to the person being eligible for parole, 
counsel shall be appointed by the Prisoner Review Board upon a 
finding of indigency. The eligible person may waive appointed 
counsel or retain his or her own counsel at his or her own 
expense.
    (f)   Nine months prior to the hearing, the Prisoner Review 
Board shall provide the eligible person, and his or her 
counsel, any written documents or materials it will be 
considering in making its decision unless the written documents 
or materials are specifically found to: (1) include information 
which, if disclosed, would damage the therapeutic relationship 
between the inmate and a mental health professional; (2) 
subject any person to the actual risk of physical harm; (3) 
threaten the safety or security of the Department or an 
institution. In accordance with Section 35 of the Open Parole 
Hearings Act, victim impact statements either oral, written, 
video-taped, tape recorded or made by other electronic means 
shall not be considered public documents under the provisions 
of the Freedom of Information Act.  The inmate or his or her 
attorney shall not be given a copy of the statement, but shall 
be informed of the existence of a victim impact statement and 
the position taken by the victim on the inmate's request for 
parole.  This shall not be construed to permit disclosure to an 
inmate of any information which might result in the risk of 
threats or physical harm to a victim.   The Prisoner Review Board 
shall have an ongoing duty to provide the eligible person, and 
his or her counsel, with any further documents or materials 
that come into its possession prior to the hearing subject to 
the limitations contained in this subsection.
    (g)   Not less than 12 months prior to the hearing, the 
Prisoner Review Board shall provide notification to the  State's 
Attorney of the county from which the person was committed and 
written notification to the victim or family of the victim of 
the scheduled hearing place, date, and approximate time. The 
written notification shall contain: (1) information about

their right to be present, appear in person at the parole 
hearing, and their right to
make an oral statement and submit 
information in writing, by videotape, tape
recording, or other 
electronic means; (2) a toll-free number to call for further

information about the parole review process; and (3) 
information regarding
available resources, including 
trauma-informed therapy, they may access.  If the Board does not 
have knowledge of the current address of the victim or family 
of the victim, it shall notify the State's Attorney of the 
county of commitment and request assistance in locating the 
victim or family of the victim. Those victims or family of the 
victims who advise the Board in writing that they no longer 
wish to be notified shall not receive future notices. A victim 
shall have the right to submit information by videotape, tape 
recording, or other electronic means.  The victim may submit 
this material prior to or at the parole hearing.  The victim 
also has the right to be heard at the parole hearing.
    (h) The hearing conducted by the Prisoner Review Board 
shall be governed by Sections 15 and 20, subsection (f) of 
Section 5, subsection (a) of Section 10, subsection (d) of 
Section 25, and subsections (a), (b), and (e) of Section 35 of 
the Open Parole Hearings Act and Part 1610 of Title 20 of the 
Illinois Administrative Code.   The eligible person has a right 
to be present at the Prisoner Review Board hearing, unless the 
Prisoner Review Board determines the eligible person's 
presence is unduly burdensome when conducting a  hearing under 
paragraph (6.6) of subsection (a) of Section 3-3-2 of this 
Code. If a psychological evaluation is submitted for the 
Prisoner Review Board's consideration, it shall be prepared by 
a person who has expertise in adolescent brain development and 
behavior, and shall take into consideration the diminished 
culpability of youthful offenders, the hallmark features of 
youth, and any subsequent growth and increased maturity of the 
person. At the hearing, the eligible person shall have the 
right to make a statement on his or her own behalf.
    (i)   Only upon motion for good cause shall the date for the 
Prisoner Review Board hearing, as set by subsection (b) of this 
Section, be changed.  No less than 15 days prior to the hearing, 
the Prisoner Review Board shall notify the victim or victim 
representative, the attorney, and the eligible person of the 
exact date and time of the hearing.   All hearings shall be open 
to the public.
    (j)  The Prisoner Review Board shall not parole the eligible 
person if it determines that:
        (1) there is a substantial risk that the eligible 
    person will not conform to reasonable conditions of parole 
    or aftercare release; or
        (2) the eligible person's release at that time would 
    deprecate the seriousness of his or her offense or promote 
    disrespect for the law; or
        (3) the eligible person's release would have a 
    substantially adverse effect on institutional discipline.
    In considering the factors affecting the release 
determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner 
Review Board panel shall consider the diminished culpability of 
youthful offenders, the hallmark features of youth, and any 
subsequent growth and maturity of the youthful offender during 
incarceration. 
    (k)   Unless denied parole under subsection (j) of this 
Section and subject to the provisions of Section 3-3-9 of this 
Code: (1) the eligible person serving a sentence for any 
non-first degree murder offense or offenses, shall be released 
on parole which shall operate to discharge any remaining term 
of years sentence imposed upon him or her, notwithstanding any 
required mandatory supervised release period the eligible 
person is required to serve; and (2) the eligible person 
serving a sentence for any first degree murder offense, shall 
be released on mandatory supervised release for a period of 10 
years subject to Section 3-3-8, which shall operate to 
discharge any remaining term of years sentence imposed upon him 
or her, however in no event shall the eligible person serve a 
period of mandatory supervised release greater than the 
aggregate of the discharged underlying sentence and the 
mandatory supervised release period as sent forth in Section 
5-4.5-20.
    (l) If the Prisoner Review Board denies parole after 
conducting the hearing under
subsection (j) of this Section, it 
shall issue a written decision which states the
rationale for 
denial, including the primary factors considered. This 
decision shall
be provided to the eligible person and his or 
her counsel within 30 days.
    (m) A person denied parole under subsection (j) of this 
Section, who is not
serving a sentence for either first degree 
murder or aggravated criminal sexual
assault, shall be eligible 
for a second parole review by the Prisoner Review Board
5 years 
after the written decision under subsection (l) of this 
Section; a person
denied parole under subsection (j) of this 
Section, who is serving a sentence or
sentences for first 
degree murder or aggravated criminal sexual assault shall be

eligible for a second and final parole review by the Prisoner 
Review Board 10
years after the written decision under 
subsection (k) of this Section. The
procedures for a second 
parole review shall be governed by subsections (c)
through (k) 
of this Section.
    (n) A person denied parole under subsection (m) of this 
Section, who is not
serving a sentence for either first degree 
murder or aggravated criminal sexual
assault, shall be eligible 
for a third and final parole review by the Prisoner Review

Board 5 years after the written decision under subsection (l) 
of this Section. The
procedures for the third and final parole 
review shall be governed by subsections
(c) through (k) of this 
Section. 
    (o)   Notwithstanding anything else to the contrary in this 
Section, nothing in this Section shall be construed to delay 
parole or mandatory supervised release consideration for 
petitioners who are or will be eligible for release earlier 
than this Section provides. Nothing in this Section shall be 
construed as a limit, substitution, or bar on a person's right 
to sentencing relief, or any other manner of relief, obtained 
by order of a court in proceedings other than as provided  in 
this Section.
 


    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)



    Sec. 5-8-1. Natural life imprisonment; enhancements for 
use of a firearm; mandatory supervised release terms. 

    (a) Except as otherwise provided in the statute defining 
the offense or in Article 4.5 of Chapter V, a
sentence of 
imprisonment for a felony shall be a determinate sentence set 
by
the court under this Section, subject to Section 5-4.5-110 
of this Code, according to the following limitations:

        (1) for first degree murder,

            (a) (blank),

            (b) if a trier of fact finds beyond a reasonable

        doubt that the murder was accompanied by exceptionally

        brutal or heinous behavior indicative of wanton 
        cruelty or, except as set forth
in subsection (a)(1)(c) 
        of this Section, that any of the aggravating factors

        listed in subsection (b) or (b-5) of Section 9-1 of the 
        Criminal Code of 1961 or the Criminal Code of 2012 are

        present, the court may sentence the defendant, subject         
        to Section 5-4.5-105, to a term of natural life

        imprisonment, or

            (c) the court shall sentence the defendant to a 
        term of natural life
imprisonment if the defendant, at 
        the time of the commission of the murder, had attained 
        the age of 18, and 

                (i) has previously been convicted of first 
            degree murder under
any state or federal law, or

                (ii) is found guilty of murdering more
than one 
            victim, or

                (iii) is found guilty of murdering a peace 
            officer, fireman, or emergency management worker 
            when
the peace officer, fireman, or emergency 
            management worker was killed in the course of 
            performing his
official duties, or to prevent the 
            peace officer or fireman from
performing his 
            official duties, or in retaliation for the peace 
            officer,
fireman, or emergency management worker 
            from performing his official duties, and the 
            defendant knew or should
have known that the 
            murdered individual was a peace officer, fireman, 
            or emergency management worker, or

                (iv) is found guilty of murdering an employee 
            of an institution or
facility of the Department of 
            Corrections, or any similar local
correctional 
            agency, when the employee was killed in the course 
            of
performing his official duties, or to prevent 
            the employee from performing
his official duties, 
            or in retaliation for the employee performing his

            official duties, or

                (v) is found guilty of murdering an emergency 
            medical
technician - ambulance, emergency medical 
            technician - intermediate, emergency
medical 
            technician - paramedic, ambulance driver or other 
            medical assistance or
first aid person while 
            employed by a municipality or other governmental 
            unit
when the person was killed in the course of 
            performing official duties or
to prevent the 
            person from performing official duties or in 
            retaliation
for performing official duties and the 
            defendant knew or should have known
that the 
            murdered individual was an emergency medical 
            technician - ambulance,
emergency medical 
            technician - intermediate, emergency medical

            technician - paramedic, ambulance driver, or other 
            medical
assistant or first aid personnel, or

                (vi) (blank), or

                (vii) is found guilty of first degree murder 
            and the murder was
committed by reason of any 
            person's activity as a community policing 
            volunteer
or to prevent any person from engaging in 
            activity as a community policing
volunteer.  For 
            the purpose of this Section, "community policing 
            volunteer"
has the meaning ascribed to it in 
            Section 2-3.5 of the Criminal Code of 2012.

            For purposes of clause (v), "emergency medical 
        technician - ambulance",
"emergency medical technician -
         intermediate", "emergency medical technician -

        paramedic", have the meanings ascribed to them in the 
        Emergency Medical
Services (EMS) Systems Act.

            (d) (i) if the person committed the offense while 
            armed with a
firearm, 15 years shall be added to 
            the term of imprisonment imposed by the
court;

                (ii) if, during the commission of the offense, 
            the person
personally discharged a firearm, 20 
            years shall be added to the term of
imprisonment 
            imposed by the court;

                (iii) if, during the commission of the 
            offense, the person
personally discharged a 
            firearm that proximately caused great bodily harm,

            permanent disability, permanent disfigurement, or 
            death to another person, 25
years or up to a term 
            of natural life shall be added to the term of

            imprisonment imposed by the court.


        (2) (blank);

        (2.5) for a person who has attained the age of 18 years

    at the time of the commission of the offense and
who is 
    convicted under the circumstances described in subdivision 
    (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection 
    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 
    or paragraph (2) of subsection
(d) of Section 12-14, 
    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) 
    of subsection (b) of
Section 12-14.1, subdivision (b)(2) of 
    Section 11-1.40 or paragraph (2) of subsection (b) of 
    Section 12-14.1
of the Criminal Code of 1961 or the 
    Criminal Code of 2012, the sentence shall be a term of 
    natural life
imprisonment.






    (b) (Blank).

    (c) (Blank).




    (d)  Subject to
earlier termination under Section 3-3-8, the 
parole or mandatory
supervised release term shall be written as 
part of the sentencing order and shall be as follows:

        (1) for first degree murder or a Class X felony except 
    for the offenses of predatory criminal sexual assault of a 
    child, aggravated criminal sexual assault, and criminal 
    sexual assault if committed on or after the effective date 
    of this amendatory Act of the 94th General Assembly and 
    except for the offense of aggravated child pornography 
    under Section 11-20.1B, 11-20.3, or 11-20.1 with 
    sentencing under subsection (c-5) of Section 11-20.1 of the 
    Criminal Code of 1961 or the Criminal Code of 2012, if 
    committed on or after January 1, 2009, 3 years;

        (2) for a Class 1 felony or a Class 2 felony except for 
    the offense of criminal sexual assault if committed on or 
    after the effective date of this amendatory Act of the 94th 
    General Assembly and except for the offenses of manufacture 
    and dissemination of child pornography  under clauses 
    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
    of 1961 or the Criminal Code of 2012, if committed on or 
    after January 1, 2009, 2 years;

        (3) for a Class 3 felony or a Class 4 felony, 1 year;

        (4) for defendants who commit the offense of predatory 
    criminal sexual assault of a child, aggravated criminal 
    sexual assault, or criminal sexual assault, on or after the 
    effective date of this amendatory Act of the 94th General 
    Assembly, or who commit the offense of aggravated child 
    pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
    with sentencing under subsection (c-5) of Section 11-20.1 
    of the Criminal Code of 1961 or the Criminal Code of 2012, 
    manufacture of child pornography, or dissemination of 
    child pornography after January 1, 2009, the term of 
    mandatory supervised release shall range from a minimum of 
    3 years to a maximum of the natural life of the defendant;

        (5) if the victim is under 18 years of age, for a 
    second or subsequent
offense of aggravated criminal sexual 
    abuse or felony criminal sexual abuse,
4 years, at least 
    the first 2 years of which the defendant shall serve in an

    electronic home detention program under Article 8A of 
    Chapter V of this Code;

        (6)  for a felony domestic battery, aggravated domestic 
    battery, stalking, aggravated stalking, and a felony 
    violation of an order of protection, 4 years. 
    (e) (Blank).

    (f) (Blank).


(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)