Bill Amendment: IL HB0531 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIM CD-CRIMINAL BUILDING MGMT

Status: 2019-02-06 - Sent to the Governor [HB0531 Detail]

Download: Illinois-2017-HB0531-Senate_Amendment_001.html

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Sen. Don Harmon

Filed: 5/25/2017

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AMENDMENT TO HOUSE BILL 531
AMENDMENT NO. ______. Amend House Bill 531 by replacing
everything after the enacting clause with the following:
"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;

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(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,

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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

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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:

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(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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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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.

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(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

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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

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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.

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(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

10000HB0531sam001 - 24 - LRB100 05907 RLC 27064 a
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

10000HB0531sam001 - 25 - LRB100 05907 RLC 27064 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.

10000HB0531sam001 - 26 - LRB100 05907 RLC 27064 a
(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

10000HB0531sam001 - 27 - LRB100 05907 RLC 27064 a
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

10000HB0531sam001 - 28 - LRB100 05907 RLC 27064 a
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

10000HB0531sam001 - 29 - LRB100 05907 RLC 27064 a
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

10000HB0531sam001 - 30 - LRB100 05907 RLC 27064 a
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.

10000HB0531sam001 - 31 - LRB100 05907 RLC 27064 a
(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

10000HB0531sam001 - 32 - LRB100 05907 RLC 27064 a
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

10000HB0531sam001 - 33 - LRB100 05907 RLC 27064 a
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)

10000HB0531sam001 - 34 - LRB100 05907 RLC 27064 a
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

10000HB0531sam001 - 35 - LRB100 05907 RLC 27064 a
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

10000HB0531sam001 - 36 - LRB100 05907 RLC 27064 a
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

10000HB0531sam001 - 37 - LRB100 05907 RLC 27064 a
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.

10000HB0531sam001 - 38 - LRB100 05907 RLC 27064 a
(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

10000HB0531sam001 - 39 - LRB100 05907 RLC 27064 a
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.)".