Bill Text: IL SB2150 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Unified Code of Corrections. Provides that the Prisoner Review Board, with the cooperation of and in coordination with the Department of Corrections and the Department of Central Management Services, shall develop and implement a standardized petition that can be utilized by an individual seeking a pardon, commutation, or reprieve. Provides that the Prisoner Review Board, with the cooperation of and in coordination with, the Department of Corrections and the Department of Central Management Services, shall develop, implement, and maintain an electronic portal system that allows an individual seeking a pardon, commutation, or reprieve to file his or her petition electronically.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2150 Detail]

Download: Illinois-2023-SB2150-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2150 Introduced 2/10/2023, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
730 ILCS 5/3-3-13 from Ch. 38, par. 1003-3-13
Amends the Unified Code of Corrections. Provides that the Prisoner Review Board, with the cooperation of and in coordination with the Department of Corrections and the Department of Central Management Services, shall develop and implement a standardized petition that can be utilized by an individual seeking a pardon, commutation, or reprieve. Provides that the Prisoner Review Board, with the cooperation of and in coordination with, the Department of Corrections and the Department of Central Management Services, shall develop, implement, and maintain an electronic portal system that allows an individual seeking a pardon, commutation, or reprieve to file his or her petition electronically.
LRB103 28588 RLC 54969 b
A BILL FOR
SB2150 LRB103 28588 RLC 54969 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 3-3-2 and 3-3-13 as follows:
(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 February 1, 1978 (the
effective date of Public Act 81-1099), 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 February 1,
1978 (the effective date of Public Act 81-1099), 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

SB2150 - 2 - LRB103 28588 RLC 54969 b
violations of parole, and revoke parole for those
sentenced under the law in effect prior to February 1,
1978 (the effective date of Public Act 81-1099); 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 February 1, 1978 (the effective date
of Public Act 81-1099);
(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

SB2150 - 3 - LRB103 28588 RLC 54969 b
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 30 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;

SB2150 - 4 - LRB103 28588 RLC 54969 b
(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
February 1, 1978 (the effective date of Public Act
81-1099), 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 5-4.5-115 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 5-4.5-115 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

SB2150 - 5 - LRB103 28588 RLC 54969 b
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
Illinois 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

SB2150 - 6 - LRB103 28588 RLC 54969 b
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

SB2150 - 7 - LRB103 28588 RLC 54969 b
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

SB2150 - 8 - LRB103 28588 RLC 54969 b
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 Illinois 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;

SB2150 - 9 - LRB103 28588 RLC 54969 b
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 January 1,
1997 (the effective date of Public Act 89-490). 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

SB2150 - 10 - LRB103 28588 RLC 54969 b
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.
(a-10) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and the
Department of Central Management Services, shall develop and
implement a standardized petition that can be utilized by an
individual seeking a pardon, commutation, or reprieve.
(a-15) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and the
Department of Central Management Services, shall develop,
implement, and maintain an electronic portal system that
allows an individual seeking a pardon, commutation, or
reprieve to file his or her petition electronically.
(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

SB2150 - 11 - LRB103 28588 RLC 54969 b
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

SB2150 - 12 - LRB103 28588 RLC 54969 b
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. mail addressed to
the person at his or her 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

SB2150 - 13 - LRB103 28588 RLC 54969 b
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. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
102-558, eff. 8-20-21.)
(730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
Sec. 3-3-13. Procedure for executive clemency.
(a) Petitions seeking pardon, commutation, or reprieve
shall be addressed to the Governor and filed with the Prisoner
Review Board. The petition shall be submitted in writing and
signed by the person under conviction or by a person on his
behalf or submitted via the Prisoner Review Board electronic
filing portal. It shall contain a brief history of the case,
the reasons for seeking executive clemency, and other relevant
information the Board may require. Petitioners may utilize the
Prisoner Review Board standard petition.
(a-5) After a petition has been denied by the Governor,
the Board may not accept a repeat petition for executive
clemency for the same person until one full year has elapsed
from the date of the denial. The Chairman of the Board may
waive the one-year requirement if the petitioner offers in
writing new information that was unavailable to the petitioner
at the time of the filing of the prior petition and which the
Chairman determines to be significant. The Chairman also may
waive the one-year waiting period if the petitioner can show

SB2150 - 14 - LRB103 28588 RLC 54969 b
that a change in circumstances of a compelling humanitarian
nature has arisen since the denial of the prior petition.
(b) Notice of the proposed application shall be given by
the Board to the committing court and the state's attorney of
the county where the conviction was had.
(b-5) Victims registered with the Board shall receive
reasonable written notice not less than 30 days prior to the
executive clemency hearing date. The victim has the right to
submit a victim statement to the Prisoner Review Board for
consideration at an executive clemency hearing as provided in
subsection (c) of this Section. Victim statements provided to
the Board shall be confidential and privileged, including any
statements received prior to the effective date of this
amendatory Act of the 101st General Assembly, except if the
statement was an oral statement made by the victim at a hearing
open to the public.
(c) The Board shall, upon due notice, give a hearing to
each application, allowing representation by counsel, if
desired, after which it shall confidentially advise the
Governor by a written report of its recommendations which
shall be determined by majority vote. The written report to
the Governor shall be confidential and privileged, including
any reports made prior to the effective date of this
amendatory Act of the 101st General Assembly. The Board shall
meet to consider such petitions no less than 4 times each year.
Application for executive clemency under this Section may

SB2150 - 15 - LRB103 28588 RLC 54969 b
not be commenced on behalf of a person who has been sentenced
to death without the written consent of the defendant, unless
the defendant, because of a mental or physical condition, is
incapable of asserting his or her own claim.
(d) The Governor shall decide each application and
communicate his decision to the Board which shall notify the
petitioner.
In the event a petitioner who has been convicted of a Class
X felony is granted a release, after the Governor has
communicated such decision to the Board, the Board shall give
written notice to the Sheriff of the county from which the
offender was sentenced if such sheriff has requested that such
notice be given on a continuing basis. In cases where arrest of
the offender or the commission of the offense took place in any
municipality with a population of more than 10,000 persons,
the Board shall also give written notice to the proper law
enforcement agency for said municipality which has requested
notice on a continuing basis.
(e) Nothing in this Section shall be construed to limit
the power of the Governor under the constitution to grant a
reprieve, commutation of sentence, or pardon.
(Source: P.A. 101-288, eff. 1-1-20.)