Bill Amendment: IL HB2348 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CORRECTIONS-SUPERVISED RELEASE
Status: 2026-03-27 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2348 Detail]
Download: Illinois-2025-HB2348-House_Amendment_001.html
Bill Title: CORRECTIONS-SUPERVISED RELEASE
Status: 2026-03-27 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2348 Detail]
Download: Illinois-2025-HB2348-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 2348 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 2348 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
| 5 | changing Sections 3-3-1, 3-3-2, and 3-3-3 as follows: | ||||||
| 6 | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1) | ||||||
| 7 | Sec. 3-3-1. Establishment and appointment of Prisoner | ||||||
| 8 | Review Board. | ||||||
| 9 | (a) There shall be a Prisoner Review Board independent of | ||||||
| 10 | the Department which shall be: | ||||||
| 11 | (1) the paroling authority for persons sentenced under | ||||||
| 12 | the law in effect prior to the effective date of this | ||||||
| 13 | amendatory Act of 1977; | ||||||
| 14 | (1.2) the paroling authority for persons eligible for | ||||||
| 15 | parole review under Section 5-4.5-115; | ||||||
| 16 | (1.5) (blank); | ||||||
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| 1 | (1.10) the authority for setting conditions for | ||||||
| 2 | mandatory supervised release under subsection (f) of | ||||||
| 3 | Section 3-3-3 of this Code and determining whether a | ||||||
| 4 | violation of those conditions warrant revocation of | ||||||
| 5 | mandatory supervised release or the imposition of other | ||||||
| 6 | sanctions; | ||||||
| 7 | (2) the board of review for cases involving the | ||||||
| 8 | revocation of sentence credits or a suspension or | ||||||
| 9 | reduction in the rate of accumulating the credit; | ||||||
| 10 | (3) the board of review and recommendation for the | ||||||
| 11 | exercise of executive clemency by the Governor; | ||||||
| 12 | (4) the authority for establishing release dates for | ||||||
| 13 | certain prisoners sentenced under the law in existence | ||||||
| 14 | prior to the effective date of this amendatory Act of | ||||||
| 15 | 1977, in accordance with Section 3-3-2.1 of this Code; | ||||||
| 16 | (5) the authority for setting conditions for parole | ||||||
| 17 | and mandatory supervised release under Section 5-8-1(a) of | ||||||
| 18 | this Code, and determining whether a violation of those | ||||||
| 19 | conditions warrant revocation of parole or mandatory | ||||||
| 20 | supervised release or the imposition of other sanctions; | ||||||
| 21 | (6) the authority for determining whether a violation | ||||||
| 22 | of aftercare release conditions warrant revocation of | ||||||
| 23 | aftercare release; and | ||||||
| 24 | (7) the authority to release medically infirm or | ||||||
| 25 | disabled prisoners under Section 3-3-14. | ||||||
| 26 | (b) The Board shall consist of 15 persons appointed by the | ||||||
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| 1 | Governor by and with the advice and consent of the Senate. One | ||||||
| 2 | member of the Board shall be designated by the Governor to be | ||||||
| 3 | Chairman and shall serve as Chairman at the pleasure of the | ||||||
| 4 | Governor. The members of the Board shall have had at least 5 | ||||||
| 5 | years of actual experience in the fields of penology, | ||||||
| 6 | corrections work, advocacy for victims of crime and their | ||||||
| 7 | families, advocacy for survivors of domestic violence, sexual | ||||||
| 8 | violence, or intimate partner violence, law enforcement, | ||||||
| 9 | sociology, law, education, social work, medicine, psychology, | ||||||
| 10 | other behavioral sciences, or a combination thereof. At least | ||||||
| 11 | 3 members so appointed must have at least 3 years experience in | ||||||
| 12 | juvenile matters. A total of 7 members must have at least 5 | ||||||
| 13 | years' experience as a law enforcement officer, parole | ||||||
| 14 | officer, prosecutor, criminal defense attorney, or judge. No | ||||||
| 15 | more than 8 Board members may be members of the same political | ||||||
| 16 | party. | ||||||
| 17 | Each member of the Board shall serve on a full-time basis | ||||||
| 18 | and shall not hold any other salaried public office, whether | ||||||
| 19 | elective or appointive, nor any other office or position of | ||||||
| 20 | profit, nor engage in any other business, employment, or | ||||||
| 21 | vocation. The Chairman of the Board shall receive the same | ||||||
| 22 | salary as the Chairperson of the Illinois Human Rights | ||||||
| 23 | Commission, and each other member shall receive the same | ||||||
| 24 | salary as members of the Illinois Human Rights Commission. The | ||||||
| 25 | changes made to the salary of the Chairman of the Board and to | ||||||
| 26 | the salaries of other members of the Board by this amendatory | ||||||
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| 1 | Act of the 104th General Assembly apply only to persons who are | ||||||
| 2 | appointed or reappointed to those positions on or after the | ||||||
| 3 | effective date of this amendatory Act of the 104th General | ||||||
| 4 | Assembly. | ||||||
| 5 | (c) Notwithstanding any other provision of this Section, | ||||||
| 6 | the term of each member of the Board who was appointed by the | ||||||
| 7 | Governor and is in office on June 30, 2003 shall terminate at | ||||||
| 8 | the close of business on that date or when all of the successor | ||||||
| 9 | members to be appointed pursuant to this amendatory Act of the | ||||||
| 10 | 93rd General Assembly have been appointed by the Governor, | ||||||
| 11 | whichever occurs later. As soon as possible, the Governor | ||||||
| 12 | shall appoint persons to fill the vacancies created by this | ||||||
| 13 | amendatory Act. | ||||||
| 14 | Of the initial members appointed under this amendatory Act | ||||||
| 15 | of the 93rd General Assembly, the Governor shall appoint 5 | ||||||
| 16 | members whose terms shall expire on the third Monday in | ||||||
| 17 | January 2005, 5 members whose terms shall expire on the third | ||||||
| 18 | Monday in January 2007, and 5 members whose terms shall expire | ||||||
| 19 | on the third Monday in January 2009. Their respective | ||||||
| 20 | successors shall be appointed for terms of 6 years from the | ||||||
| 21 | third Monday in January of the year of appointment. Each | ||||||
| 22 | member shall serve until his or her successor is appointed and | ||||||
| 23 | qualified. | ||||||
| 24 | Notwithstanding any other provision of this Section, any | ||||||
| 25 | member appointed after January 1, 2026 shall be appointed for | ||||||
| 26 | an 8-year term that begins upon the date of appointment or | ||||||
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| 1 | reappointment. Each member shall serve until the member's | ||||||
| 2 | successor is appointed and qualified. | ||||||
| 3 | Any member may be removed by the Governor for | ||||||
| 4 | incompetence, neglect of duty, malfeasance or inability to | ||||||
| 5 | serve. | ||||||
| 6 | (d) The Chairman of the Board shall be its chief executive | ||||||
| 7 | and administrative officer. The Board may have an Executive | ||||||
| 8 | Director; if so, the Executive Director shall be appointed by | ||||||
| 9 | the Governor with the advice and consent of the Senate. The | ||||||
| 10 | salary and duties of the Executive Director shall be fixed by | ||||||
| 11 | the Board. | ||||||
| 12 | (e) Each member and commissioner of the Prisoner Review | ||||||
| 13 | Board shall be required to complete a training course | ||||||
| 14 | developed and administered in consultation with the Department | ||||||
| 15 | of Corrections. The training shall be provided to new members | ||||||
| 16 | and commissioners of the Prisoner Review Board within 30 days | ||||||
| 17 | of the start of their service and before they take part in any | ||||||
| 18 | hearings. The training shall cover topics, including, but not | ||||||
| 19 | limited to: | ||||||
| 20 | (1) the prison and incarceration system, including a | ||||||
| 21 | tour of a correctional institution or facility and a | ||||||
| 22 | meeting with the facility administration; | ||||||
| 23 | (2) the nature and benefits of rehabilitative | ||||||
| 24 | corrections; | ||||||
| 25 | (3) rehabilitative programming provided by the | ||||||
| 26 | Department of Corrections available to incarcerated | ||||||
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| 1 | individuals; and | ||||||
| 2 | (4) the impact of rehabilitative corrections and | ||||||
| 3 | programming on rates of recidivism. | ||||||
| 4 | In addition to the training course, each member and | ||||||
| 5 | commissioner of the Board shall also be required to | ||||||
| 6 | participate in 20 hours of continuing education or training | ||||||
| 7 | per year. Training shall cover, but shall not be limited to, | ||||||
| 8 | the following topics: domestic violence, restorative justice, | ||||||
| 9 | racial bias, risk assessment bias, law enforcement bias, | ||||||
| 10 | prevalence of wrongful convictions, prosecutorial misconduct, | ||||||
| 11 | police misconduct, mental health, cognitive behavioral | ||||||
| 12 | therapy, trauma, the age-crime curve, recidivism, and the | ||||||
| 13 | benefits of rehabilitative, educational, vocational, and | ||||||
| 14 | health, programming in correctional facilities. Documentation | ||||||
| 15 | of completion shall be submitted to and recorded by the | ||||||
| 16 | Department of Corrections and made available to the public | ||||||
| 17 | upon request. | ||||||
| 18 | The 20 hours of continuing education or training per year | ||||||
| 19 | required in this subsection shall include a training course | ||||||
| 20 | developed and administered by the entity administering the | ||||||
| 21 | Illinois Domestic Violence Hotline. The training shall be | ||||||
| 22 | provided to new members and commissioners of the Prisoner | ||||||
| 23 | Review Board within 30 days of the start of their service and | ||||||
| 24 | before they take part in any hearings. | ||||||
| 25 | This training shall be tailored specifically to the | ||||||
| 26 | members of the Board and shall cover topics, including, but | ||||||
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| 1 | not limited to: | ||||||
| 2 | (1) the nature, extent, causes, and lethality of | ||||||
| 3 | domestic violence and gender-based violence; | ||||||
| 4 | (2) implicit and explicit biases toward parties | ||||||
| 5 | involved in domestic violence and gender-based violence; | ||||||
| 6 | (3) criminalization of survivors of domestic violence | ||||||
| 7 | and gender-based violence; | ||||||
| 8 | (4) behavioral patterns and relationship dynamics | ||||||
| 9 | within the cycle of violence; | ||||||
| 10 | (5) safety planning and procedures designed to promote | ||||||
| 11 | the safety of victims of domestic violence and | ||||||
| 12 | gender-based violence and their household members; | ||||||
| 13 | (6) resources available to victims of domestic | ||||||
| 14 | violence and gender-based violence and their household | ||||||
| 15 | members; and | ||||||
| 16 | (7) the Illinois Domestic Violence Act of 1986, the | ||||||
| 17 | Stalking No Contact Order Act, the Civil No Contact Order | ||||||
| 18 | Act, and the legal process regarding protective orders. | ||||||
| 19 | (f) The Board may appoint commissioners to assist it in | ||||||
| 20 | such manner as it directs and may discharge them at will. | ||||||
| 21 | Commissioners shall not be subject to the Personnel Code. Any | ||||||
| 22 | commissioner appointed shall be an attorney licensed to | ||||||
| 23 | practice law in the State of Illinois. The Board in its | ||||||
| 24 | discretion may assign any hearing to a commissioner, except | ||||||
| 25 | that, in hearings requiring a quorum of the Board, only | ||||||
| 26 | members shall participate, and in hearings requiring at least | ||||||
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| 1 | 3 members, at least 2 members shall participate. No | ||||||
| 2 | commissioner may act as the lead member or point of contact for | ||||||
| 3 | any institutional hearing. | ||||||
| 4 | (Source: P.A. 104-11, eff. 6-20-25.) | ||||||
| 5 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2) | ||||||
| 6 | Sec. 3-3-2. Powers and duties. | ||||||
| 7 | (a) The Parole and Pardon Board is abolished and the term | ||||||
| 8 | "Parole and Pardon Board" as used in any law of Illinois, shall | ||||||
| 9 | read "Prisoner Review Board." After February 1, 1978 (the | ||||||
| 10 | effective date of Public Act 81-1099), the Prisoner Review | ||||||
| 11 | Board shall provide by rule for the orderly transition of all | ||||||
| 12 | files, records, and documents of the Parole and Pardon Board | ||||||
| 13 | and for such other steps as may be necessary to effect an | ||||||
| 14 | orderly transition and shall: | ||||||
| 15 | (1) hear by at least one member and through a panel of | ||||||
| 16 | at least 3 members decide, cases of prisoners who were | ||||||
| 17 | sentenced under the law in effect prior to February 1, | ||||||
| 18 | 1978 (the effective date of Public Act 81-1099), and who | ||||||
| 19 | are eligible for parole; | ||||||
| 20 | (2) hear by at least one member and through a panel of | ||||||
| 21 | at least 3 members decide, the conditions of parole and | ||||||
| 22 | the time of discharge from parole, impose sanctions for | ||||||
| 23 | violations of parole, and revoke parole for those | ||||||
| 24 | sentenced under the law in effect prior to February 1, | ||||||
| 25 | 1978 (the effective date of Public Act 81-1099); provided | ||||||
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| 1 | that the decision to parole and the conditions of parole | ||||||
| 2 | for all prisoners who were sentenced for first degree | ||||||
| 3 | murder or who received a minimum sentence of 20 years or | ||||||
| 4 | more under the law in effect prior to February 1, 1978 | ||||||
| 5 | shall be determined by a majority vote of the Prisoner | ||||||
| 6 | Review Board. One representative supporting parole and one | ||||||
| 7 | representative opposing parole will be allowed to speak. | ||||||
| 8 | Their comments shall be limited to making corrections and | ||||||
| 9 | filling in omissions to the Board's presentation and | ||||||
| 10 | discussion; | ||||||
| 11 | (3) hear by at least one member and through a panel of | ||||||
| 12 | at least 3 members decide, the conditions of mandatory | ||||||
| 13 | supervised release and the time of discharge from | ||||||
| 14 | mandatory supervised release, impose sanctions for | ||||||
| 15 | violations of mandatory supervised release, and revoke | ||||||
| 16 | mandatory supervised release for those sentenced under the | ||||||
| 17 | law in effect after February 1, 1978 (the effective date | ||||||
| 18 | of Public Act 81-1099); | ||||||
| 19 | (3.5) hear by at least one member and through a panel | ||||||
| 20 | of at least 3 members decide, the conditions of mandatory | ||||||
| 21 | supervised release and the time of discharge from | ||||||
| 22 | mandatory supervised release, to impose sanctions for | ||||||
| 23 | violations of mandatory supervised release and revoke | ||||||
| 24 | mandatory supervised release for those serving extended | ||||||
| 25 | supervised release terms pursuant to paragraph (4) of | ||||||
| 26 | subsection (d) of Section 5-8-1; | ||||||
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| 1 | (3.6) hear by at least one member and through a panel | ||||||
| 2 | of at least 3 members decide whether to revoke aftercare | ||||||
| 3 | release for those committed to the Department of Juvenile | ||||||
| 4 | Justice under the Juvenile Court Act of 1987; | ||||||
| 5 | (4) hear by at least one member and through a panel of | ||||||
| 6 | at least 3 members, decide cases brought by the Department | ||||||
| 7 | of Corrections against a prisoner in the custody of the | ||||||
| 8 | Department for alleged violation of Department rules with | ||||||
| 9 | respect to sentence credits under Section 3-6-3 of this | ||||||
| 10 | Code in which the Department seeks to revoke sentence | ||||||
| 11 | credits, if the amount of time at issue exceeds 30 days or | ||||||
| 12 | when, during any 12-month period, the cumulative amount of | ||||||
| 13 | credit revoked exceeds 30 days except where the infraction | ||||||
| 14 | is committed or discovered within 60 days of scheduled | ||||||
| 15 | release. In such cases, the Department of Corrections may | ||||||
| 16 | revoke up to 30 days of sentence credit. The Board may | ||||||
| 17 | subsequently approve the revocation of additional sentence | ||||||
| 18 | credit, if the Department seeks to revoke sentence credit | ||||||
| 19 | in excess of 30 days. However, the Board shall not be | ||||||
| 20 | empowered to review the Department's decision with respect | ||||||
| 21 | to the loss of 30 days of sentence credit for any prisoner | ||||||
| 22 | or to increase any penalty beyond the length requested by | ||||||
| 23 | the Department; | ||||||
| 24 | (5) hear by at least one member and through a panel of | ||||||
| 25 | at least 3 members decide, the release dates for certain | ||||||
| 26 | prisoners sentenced under the law in existence prior to | ||||||
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| 1 | February 1, 1978 (the effective date of Public Act | ||||||
| 2 | 81-1099), in accordance with Section 3-3-2.1 of this Code; | ||||||
| 3 | (6) hear by at least one member and through a panel of | ||||||
| 4 | at least 3 members decide, all requests for pardon, | ||||||
| 5 | reprieve or commutation, and make confidential | ||||||
| 6 | recommendations to the Governor; | ||||||
| 7 | (6.5) hear by at least one member who is qualified in | ||||||
| 8 | the field of juvenile matters and through a panel of at | ||||||
| 9 | least 3 members, 2 of whom are qualified in the field of | ||||||
| 10 | juvenile matters, decide parole review cases in accordance | ||||||
| 11 | with Section 5-4.5-115 of this Code and make release | ||||||
| 12 | determinations of persons under the age of 21 at the time | ||||||
| 13 | of the commission of an offense or offenses, other than | ||||||
| 14 | those persons serving sentences for first degree murder or | ||||||
| 15 | aggravated criminal sexual assault; | ||||||
| 16 | (6.6) hear by at least a quorum of the Prisoner Review | ||||||
| 17 | Board and decide by a majority of members present at the | ||||||
| 18 | hearing, in accordance with Section 5-4.5-115 of this | ||||||
| 19 | Code, release determinations of persons under the age of | ||||||
| 20 | 21 at the time of the commission of an offense or offenses | ||||||
| 21 | of those persons serving sentences for first degree murder | ||||||
| 22 | or aggravated criminal sexual assault; | ||||||
| 23 | (6.7) hear by at least one member and through a panel | ||||||
| 24 | of at least 3 members determine the conditions of | ||||||
| 25 | mandatory supervised release, determine the time of | ||||||
| 26 | discharge from mandatory supervised release, impose | ||||||
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| 1 | sanctions for violations of mandatory supervised release, | ||||||
| 2 | and revoke mandatory supervised release for those | ||||||
| 3 | sentenced under subsection (f) of Section 3-3-3 of this | ||||||
| 4 | Code; | ||||||
| 5 | (7) comply with the requirements of the Open Parole | ||||||
| 6 | Hearings Act; | ||||||
| 7 | (8) hear by at least one member and, through a panel of | ||||||
| 8 | at least 3 members, decide cases brought by the Department | ||||||
| 9 | of Corrections against a prisoner in the custody of the | ||||||
| 10 | Department for court dismissal of a frivolous lawsuit | ||||||
| 11 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
| 12 | Department seeks to revoke up to 180 days of sentence | ||||||
| 13 | credit, and if the prisoner has not accumulated 180 days | ||||||
| 14 | of sentence credit at the time of the dismissal, then all | ||||||
| 15 | sentence credit accumulated by the prisoner shall be | ||||||
| 16 | revoked; | ||||||
| 17 | (9) hear by at least 3 members, and, through a panel of | ||||||
| 18 | at least 3 members, decide whether to grant certificates | ||||||
| 19 | of relief from disabilities or certificates of good | ||||||
| 20 | conduct as provided in Article 5.5 of Chapter V; | ||||||
| 21 | (10) upon a petition by a person who has been | ||||||
| 22 | convicted of a Class 3 or Class 4 felony and who meets the | ||||||
| 23 | requirements of this paragraph, hear by at least 3 members | ||||||
| 24 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
| 25 | a certificate of eligibility for sealing recommending that | ||||||
| 26 | the court order the sealing of all official records of the | ||||||
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| |||||||
| 1 | arresting authority, the circuit court clerk, and the | ||||||
| 2 | Illinois State Police concerning the arrest and conviction | ||||||
| 3 | for the Class 3 or 4 felony. A person may not apply to the | ||||||
| 4 | Board for a certificate of eligibility for sealing: | ||||||
| 5 | (A) until 5 years have elapsed since the | ||||||
| 6 | expiration of his or her sentence; | ||||||
| 7 | (B) until 5 years have elapsed since any arrests | ||||||
| 8 | or detentions by a law enforcement officer for an | ||||||
| 9 | alleged violation of law, other than a petty offense, | ||||||
| 10 | traffic offense, conservation offense, or local | ||||||
| 11 | ordinance offense; | ||||||
| 12 | (C) if convicted of a violation of the Cannabis | ||||||
| 13 | Control Act, Illinois Controlled Substances Act, the | ||||||
| 14 | Methamphetamine Control and Community Protection Act, | ||||||
| 15 | the Methamphetamine Precursor Control Act, or the | ||||||
| 16 | Methamphetamine Precursor Tracking Act unless the | ||||||
| 17 | petitioner has completed a drug abuse program for the | ||||||
| 18 | offense on which sealing is sought and provides proof | ||||||
| 19 | that he or she has completed the program successfully; | ||||||
| 20 | (D) if convicted of: | ||||||
| 21 | (i) a sex offense described in Article 11 or | ||||||
| 22 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
| 23 | the Criminal Code of 1961 or the Criminal Code of | ||||||
| 24 | 2012; | ||||||
| 25 | (ii) aggravated assault; | ||||||
| 26 | (iii) aggravated battery; | ||||||
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| 1 | (iv) domestic battery; | ||||||
| 2 | (v) aggravated domestic battery; | ||||||
| 3 | (vi) violation of an order of protection; | ||||||
| 4 | (vii) an offense under the Criminal Code of | ||||||
| 5 | 1961 or the Criminal Code of 2012 involving a | ||||||
| 6 | firearm; | ||||||
| 7 | (viii) driving while under the influence of | ||||||
| 8 | alcohol, other drug or drugs, intoxicating | ||||||
| 9 | compound or compounds, or any combination thereof; | ||||||
| 10 | (ix) aggravated driving while under the | ||||||
| 11 | influence of alcohol, other drug or drugs, | ||||||
| 12 | intoxicating compound or compounds, or any | ||||||
| 13 | combination thereof; or | ||||||
| 14 | (x) any crime defined as a crime of violence | ||||||
| 15 | under Section 2 of the Crime Victims Compensation | ||||||
| 16 | Act. | ||||||
| 17 | If a person has applied to the Board for a certificate | ||||||
| 18 | of eligibility for sealing and the Board denies the | ||||||
| 19 | certificate, the person must wait at least 4 years before | ||||||
| 20 | filing again or filing for pardon from the Governor unless | ||||||
| 21 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
| 22 | The decision to issue or refrain from issuing a | ||||||
| 23 | certificate of eligibility for sealing shall be at the | ||||||
| 24 | Board's sole discretion, and shall not give rise to any | ||||||
| 25 | cause of action against either the Board or its members. | ||||||
| 26 | The Board may only authorize the sealing of Class 3 | ||||||
| |||||||
| |||||||
| 1 | and 4 felony convictions of the petitioner from one | ||||||
| 2 | information or indictment under this paragraph (10). A | ||||||
| 3 | petitioner may only receive one certificate of eligibility | ||||||
| 4 | for sealing under this provision for life; and | ||||||
| 5 | (11) upon a petition by a person who after having been | ||||||
| 6 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
| 7 | in the United States Armed Forces or National Guard of | ||||||
| 8 | this or any other state and had received an honorable | ||||||
| 9 | discharge from the United States Armed Forces or National | ||||||
| 10 | Guard or who at the time of filing the petition is enlisted | ||||||
| 11 | in the United States Armed Forces or National Guard of | ||||||
| 12 | this or any other state and served one tour of duty and who | ||||||
| 13 | meets the requirements of this paragraph, hear by at least | ||||||
| 14 | 3 members and, with the unanimous vote of a panel of 3 | ||||||
| 15 | members, issue a certificate of eligibility for | ||||||
| 16 | expungement recommending that the court order the | ||||||
| 17 | expungement of all official records of the arresting | ||||||
| 18 | authority, the circuit court clerk, and the Illinois State | ||||||
| 19 | Police concerning the arrest and conviction for the Class | ||||||
| 20 | 3 or 4 felony. A person may not apply to the Board for a | ||||||
| 21 | certificate of eligibility for expungement: | ||||||
| 22 | (A) if convicted of: | ||||||
| 23 | (i) a sex offense described in Article 11 or | ||||||
| 24 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
| 25 | the Criminal Code of 1961 or Criminal Code of | ||||||
| 26 | 2012; | ||||||
| |||||||
| |||||||
| 1 | (ii) an offense under the Criminal Code of | ||||||
| 2 | 1961 or Criminal Code of 2012 involving a firearm; | ||||||
| 3 | or | ||||||
| 4 | (iii) a crime of violence as defined in | ||||||
| 5 | Section 2 of the Crime Victims Compensation Act; | ||||||
| 6 | or | ||||||
| 7 | (B) if the person has not served in the United | ||||||
| 8 | States Armed Forces or National Guard of this or any | ||||||
| 9 | other state or has not received an honorable discharge | ||||||
| 10 | from the United States Armed Forces or National Guard | ||||||
| 11 | of this or any other state or who at the time of the | ||||||
| 12 | filing of the petition is serving in the United States | ||||||
| 13 | Armed Forces or National Guard of this or any other | ||||||
| 14 | state and has not completed one tour of duty. | ||||||
| 15 | If a person has applied to the Board for a certificate | ||||||
| 16 | of eligibility for expungement and the Board denies the | ||||||
| 17 | certificate, the person must wait at least 4 years before | ||||||
| 18 | filing again or filing for a pardon with authorization for | ||||||
| 19 | expungement from the Governor unless the Governor or | ||||||
| 20 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
| 21 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
| 22 | and in coordination with the Department of Corrections and the | ||||||
| 23 | Department of Central Management Services, shall provide for | ||||||
| 24 | the conduct of hearings under paragraphs (1) and (4) of | ||||||
| 25 | subsection (a) of this Section through interactive video | ||||||
| 26 | conferences. The Prisoner Review Board, with the cooperation | ||||||
| |||||||
| |||||||
| 1 | of and in coordination with the Department of Corrections and | ||||||
| 2 | the Department of Central Management Services, shall report | ||||||
| 3 | annually to the Governor and the General Assembly regarding | ||||||
| 4 | the use, costs, effectiveness, and future viability of | ||||||
| 5 | interactive video conferences for Prisoner Review Board | ||||||
| 6 | hearings. | ||||||
| 7 | (b) Upon recommendation of the Department the Board may | ||||||
| 8 | restore sentence credit previously revoked. | ||||||
| 9 | (c) The Board shall cooperate with the Department in | ||||||
| 10 | promoting an effective system of parole and mandatory | ||||||
| 11 | supervised release. | ||||||
| 12 | (d) The Board shall promulgate rules for the conduct of | ||||||
| 13 | its work, and the Chairman shall file a copy of such rules and | ||||||
| 14 | any amendments thereto with the Director and with the | ||||||
| 15 | Secretary of State. | ||||||
| 16 | (e) The Board shall keep records of all of its official | ||||||
| 17 | actions and shall make them accessible in accordance with law | ||||||
| 18 | and the rules of the Board. | ||||||
| 19 | (f) The Board or one who has allegedly violated the | ||||||
| 20 | conditions of his or her parole, aftercare release, or | ||||||
| 21 | mandatory supervised release may require by subpoena the | ||||||
| 22 | attendance and testimony of witnesses and the production of | ||||||
| 23 | documentary evidence relating to any matter under | ||||||
| 24 | investigation or hearing. The Chairman of the Board may sign | ||||||
| 25 | subpoenas which shall be served by any agent or public | ||||||
| 26 | official authorized by the Chairman of the Board, or by any | ||||||
| |||||||
| |||||||
| 1 | person lawfully authorized to serve a subpoena under the laws | ||||||
| 2 | of the State of Illinois. The attendance of witnesses, and the | ||||||
| 3 | production of documentary evidence, may be required from any | ||||||
| 4 | place in the State to a hearing location in the State before | ||||||
| 5 | the Chairman of the Board or his or her designated agent or | ||||||
| 6 | agents or any duly constituted Committee or Subcommittee of | ||||||
| 7 | the Board. Witnesses so summoned shall be paid the same fees | ||||||
| 8 | and mileage that are paid witnesses in the circuit courts of | ||||||
| 9 | the State, and witnesses whose depositions are taken and the | ||||||
| 10 | persons taking those depositions are each entitled to the same | ||||||
| 11 | fees as are paid for like services in actions in the circuit | ||||||
| 12 | courts of the State. Fees and mileage shall be vouchered for | ||||||
| 13 | payment when the witness is discharged from further | ||||||
| 14 | attendance. | ||||||
| 15 | In case of disobedience to a subpoena, the Board may | ||||||
| 16 | petition any circuit court of the State for an order requiring | ||||||
| 17 | the attendance and testimony of witnesses or the production of | ||||||
| 18 | documentary evidence or both. A copy of such petition shall be | ||||||
| 19 | served by personal service or by registered or certified mail | ||||||
| 20 | upon the person who has failed to obey the subpoena, and such | ||||||
| 21 | person shall be advised in writing that a hearing upon the | ||||||
| 22 | petition will be requested in a court room to be designated in | ||||||
| 23 | such notice before the judge hearing motions or extraordinary | ||||||
| 24 | remedies at a specified time, on a specified date, not less | ||||||
| 25 | than 10 nor more than 15 days after the deposit of the copy of | ||||||
| 26 | the written notice and petition in the U.S. mail addressed to | ||||||
| |||||||
| |||||||
| 1 | the person at his or her last known address or after the | ||||||
| 2 | personal service of the copy of the notice and petition upon | ||||||
| 3 | such person. The court upon the filing of such a petition, may | ||||||
| 4 | order the person refusing to obey the subpoena to appear at an | ||||||
| 5 | investigation or hearing, or to there produce documentary | ||||||
| 6 | evidence, if so ordered, or to give evidence relative to the | ||||||
| 7 | subject matter of that investigation or hearing. Any failure | ||||||
| 8 | to obey such order of the circuit court may be punished by that | ||||||
| 9 | court as a contempt of court. | ||||||
| 10 | Each member of the Board and any hearing officer | ||||||
| 11 | designated by the Board shall have the power to administer | ||||||
| 12 | oaths and to take the testimony of persons under oath. | ||||||
| 13 | (g) Except under subsection (a) of this Section, a | ||||||
| 14 | majority of the members then appointed to the Prisoner Review | ||||||
| 15 | Board shall constitute a quorum for the transaction of all | ||||||
| 16 | business of the Board. | ||||||
| 17 | (h) The Prisoner Review Board shall annually transmit to | ||||||
| 18 | the Director a detailed report of its work for the preceding | ||||||
| 19 | calendar year, including votes cast by each member. The annual | ||||||
| 20 | report shall also be transmitted to the Governor for | ||||||
| 21 | submission to the Legislature. | ||||||
| 22 | (Source: P.A. 104-11, eff. 6-20-25.) | ||||||
| 23 | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3) | ||||||
| 24 | Sec. 3-3-3. Eligibility for parole or release. | ||||||
| 25 | (a) Except for those offenders who accept the fixed | ||||||
| |||||||
| |||||||
| 1 | release date established by the Prisoner Review Board under | ||||||
| 2 | Section 3-3-2.1, every person serving a term of imprisonment | ||||||
| 3 | under the law in effect prior to the effective date of this | ||||||
| 4 | amendatory Act of 1977 shall be eligible for parole when he or | ||||||
| 5 | she has served: | ||||||
| 6 | (1) the minimum term of an indeterminate sentence less | ||||||
| 7 | time credit for good behavior, or 20 years less time | ||||||
| 8 | credit for good behavior, whichever is less; or | ||||||
| 9 | (2) 20 years of a life sentence less time credit for | ||||||
| 10 | good behavior; or | ||||||
| 11 | (3) 20 years or one-third of a determinate sentence, | ||||||
| 12 | whichever is less, less time credit for good behavior. | ||||||
| 13 | (b) No person sentenced under this amendatory Act of 1977 | ||||||
| 14 | or who accepts a release date under Section 3-3-2.1 shall be | ||||||
| 15 | eligible for parole. | ||||||
| 16 | (c) Except for those sentenced to a term of natural life | ||||||
| 17 | imprisonment, every person sentenced to imprisonment under | ||||||
| 18 | this amendatory Act of 1977 or given a release date under | ||||||
| 19 | Section 3-3-2.1 of this Act shall serve the full term of a | ||||||
| 20 | determinate sentence less time credit for good behavior and | ||||||
| 21 | shall then be released under the mandatory supervised release | ||||||
| 22 | provisions of paragraph (d) of Section 5-8-1 of this Code. | ||||||
| 23 | (d) No person serving a term of natural life imprisonment | ||||||
| 24 | may be paroled or released except through executive clemency. | ||||||
| 25 | (e) Every person committed to the Department of Juvenile | ||||||
| 26 | Justice under the Juvenile Court Act of 1987 and confined in | ||||||
| |||||||
| |||||||
| 1 | the State correctional institutions or facilities if such | ||||||
| 2 | juvenile has not been tried as an adult shall be eligible for | ||||||
| 3 | aftercare release under Section 3-2.5-85 of this Code. | ||||||
| 4 | However, if a juvenile has been tried as an adult he or she | ||||||
| 5 | shall only be eligible for parole or mandatory supervised | ||||||
| 6 | release as an adult under this Section. | ||||||
| 7 | (f) If, on or after the effective date of this amendatory | ||||||
| 8 | Act of the 104th General Assembly, a person originally | ||||||
| 9 | prosecuted under the provisions of the Criminal Code of 1961 | ||||||
| 10 | or the Criminal Code of 2012, sentenced under the provisions | ||||||
| 11 | of this Code pursuant to Section 5-805 of the Juvenile Court | ||||||
| 12 | Act of 1987, and convicted as an adult and committed to the | ||||||
| 13 | Department of Juvenile Justice under Section 5-8-6, the | ||||||
| 14 | Department of Juvenile Justice shall, no less than 120 days | ||||||
| 15 | prior to the date that the person reaches the age of 21, send | ||||||
| 16 | written notification to the Prisoner Review Board indicating | ||||||
| 17 | the day upon which the committed person will attain 21 years of | ||||||
| 18 | age. The Prisoner Review Board shall conduct a hearing with no | ||||||
| 19 | less than 3 members to determine whether or not the minor shall | ||||||
| 20 | be assigned mandatory supervised release or be transferred to | ||||||
| 21 | the Department of Corrections prior to the minor's 21st | ||||||
| 22 | birthday. | ||||||
| 23 | (g) A person who was originally prosecuted under the | ||||||
| 24 | provisions of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 25 | 2012, sentenced under the provisions of this Code pursuant to | ||||||
| 26 | Section 5-805 of the Juvenile Court Act of 1987, and convicted | ||||||
| |||||||
| |||||||
| 1 | as an adult and committed to the Department of Juvenile | ||||||
| 2 | Justice under Section 5-8-6 before the effective date of this | ||||||
| 3 | amendatory Act of the 104th General Assembly shall receive a | ||||||
| 4 | resentencing hearing in the person's home jurisdiction prior | ||||||
| 5 | to the person's 21st birthday. | ||||||
| 6 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)". | ||||||
