Bill Amendment: IL HB2515 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PAROLE-OFFENSE UNDER 21
Status: 2019-01-08 - Session Sine Die [HB2515 Detail]
Download: Illinois-2017-HB2515-House_Amendment_001.html
Bill Title: PAROLE-OFFENSE UNDER 21
Status: 2019-01-08 - Session Sine Die [HB2515 Detail]
Download: Illinois-2017-HB2515-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 2515
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2 | AMENDMENT NO. ______. Amend House Bill 2515 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-3-1, 3-3-2, 5-4.5-20, 5-4.5-25, 5-4.5-30, | ||||||
6 | and 5-8-1 by adding Sections 5-4.5-110 and 5-4.5-115 as | ||||||
7 | follows:
| ||||||
8 | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
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9 | Sec. 3-3-1. Establishment and appointment of Prisoner | ||||||
10 | Review Board.
| ||||||
11 | (a) There shall be a Prisoner Review Board independent of | ||||||
12 | the Department
which shall be:
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13 | (1) the paroling authority for persons sentenced under | ||||||
14 | the
law in effect prior to the effective date of this | ||||||
15 | amendatory
Act of 1977;
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16 | (1.5) (blank); |
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1 | (2) the board of review for cases involving the | ||||||
2 | revocation
of sentence credits or a suspension or reduction | ||||||
3 | in the
rate of accumulating the credit;
| ||||||
4 | (3) the board of review and recommendation for the | ||||||
5 | exercise
of executive clemency by the Governor;
| ||||||
6 | (4) the authority for establishing release dates for
| ||||||
7 | certain prisoners sentenced under the law in existence | ||||||
8 | prior
to the effective date of this amendatory Act of 1977, | ||||||
9 | in
accordance with Section 3-3-2.1 of this Code;
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10 | (5) the authority for setting conditions for parole and
| ||||||
11 | mandatory supervised release under Section 5-8-1(a) of | ||||||
12 | this
Code, and determining whether a violation of those | ||||||
13 | conditions
warrant revocation of parole or mandatory | ||||||
14 | supervised release
or the imposition of other sanctions; | ||||||
15 | and | ||||||
16 | (6) the authority for determining whether a violation | ||||||
17 | of aftercare release conditions warrant revocation of | ||||||
18 | aftercare release.
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19 | (b) The Board shall consist of 15 persons appointed by
the | ||||||
20 | Governor by and with the advice and consent of the Senate.
One | ||||||
21 | member of the Board shall be designated by the Governor
to be | ||||||
22 | Chairman and shall serve as Chairman at the pleasure of
the | ||||||
23 | Governor. The members of the Board shall have had at
least 5 | ||||||
24 | years of actual experience in the fields of penology,
| ||||||
25 | corrections work, law enforcement, sociology, law, education,
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26 | social work, medicine, psychology, other behavioral sciences,
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1 | or a combination thereof. At least 9 6 members so appointed
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2 | must have a post-graduate degree and had at least 5 3 years | ||||||
3 | experience in the field of
juvenile matters. No more than 8 | ||||||
4 | Board members may be members
of the same political party. No | ||||||
5 | more than 3
members so qualified in the field of juvenile | ||||||
6 | matters may use their experience in law enforcement, the | ||||||
7 | prosecution of juveniles, corrections, or their prior | ||||||
8 | experience as a member of the Board prior to the effective date | ||||||
9 | of this amendatory Act of the 100th General Assembly, towards | ||||||
10 | their
5 years of actual experience in the field of juvenile | ||||||
11 | matters.
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12 | Each member of the Board shall serve on a full-time basis
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13 | and shall not hold any other salaried public office, whether | ||||||
14 | elective or
appointive, nor any other office or position of | ||||||
15 | profit, nor engage in any
other business, employment, or | ||||||
16 | vocation. The Chairman of the Board shall
receive $35,000 a | ||||||
17 | year, or an amount set by the Compensation Review Board,
| ||||||
18 | whichever is greater, and each other member $30,000, or an | ||||||
19 | amount set by the
Compensation Review Board, whichever is | ||||||
20 | greater.
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21 | (c) Notwithstanding any other provision of this Section,
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22 | the term of each member of the Board
who was appointed by the | ||||||
23 | Governor and is in office on June 30, 2003 shall
terminate at | ||||||
24 | the close of business on that date or when all of the successor
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25 | members to be appointed pursuant to this amendatory Act of the | ||||||
26 | 93rd General
Assembly have been appointed by the Governor, |
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1 | whichever occurs later. As soon
as possible, the Governor shall | ||||||
2 | appoint persons to fill the vacancies created
by this | ||||||
3 | amendatory Act.
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4 | Of the initial members appointed under this amendatory Act | ||||||
5 | of the 93rd
General Assembly, the Governor shall appoint 5 | ||||||
6 | members whose terms shall expire
on the third Monday
in January | ||||||
7 | 2005, 5 members whose terms shall expire on the
third Monday in | ||||||
8 | January 2007, and 5 members whose terms
shall expire on the | ||||||
9 | third Monday in January 2009. Their respective successors
shall | ||||||
10 | be appointed for terms of 6 years from the third Monday
in | ||||||
11 | January of the year of appointment. Each member shall
serve | ||||||
12 | until his or her successor is appointed and qualified.
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13 | Any member may be removed by the Governor for incompetence, | ||||||
14 | neglect of duty,
malfeasance or inability to serve.
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15 | (d) The Chairman of the Board shall be its chief executive | ||||||
16 | and
administrative officer. The Board may have an Executive | ||||||
17 | Director; if so,
the Executive Director shall be appointed by | ||||||
18 | the Governor with the advice and
consent of the Senate. The | ||||||
19 | salary and duties of the Executive Director shall
be fixed by | ||||||
20 | the Board.
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21 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
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22 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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23 | Sec. 3-3-2. Powers and duties.
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24 | (a) The Parole and Pardon Board is abolished and the term | ||||||
25 | "Parole and
Pardon Board" as used in any law of Illinois, shall |
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1 | read "Prisoner Review
Board." After the effective date of this | ||||||
2 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
3 | by rule for the orderly transition of
all files, records, and | ||||||
4 | documents of the Parole and Pardon Board and for
such other | ||||||
5 | steps as may be necessary to effect an orderly transition and | ||||||
6 | shall:
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7 | (1) hear by at least one member and through a panel of | ||||||
8 | at least 3 members
decide, cases of prisoners
who were | ||||||
9 | sentenced under the law in effect prior to the effective
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10 | date of this amendatory Act of 1977, and who are eligible | ||||||
11 | for parole;
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12 | (2) hear by at least one member and through a panel of | ||||||
13 | at least 3 members decide, the conditions of
parole and the | ||||||
14 | time of discharge from parole, impose sanctions for
| ||||||
15 | violations of parole, and revoke
parole for those sentenced | ||||||
16 | under the law in effect prior to this amendatory
Act of | ||||||
17 | 1977; provided that the decision to parole and the | ||||||
18 | conditions of
parole for all prisoners who were sentenced | ||||||
19 | for first degree murder or who
received a minimum sentence | ||||||
20 | of 20 years or more under the law in effect
prior to | ||||||
21 | February 1, 1978 shall be determined by a majority vote of | ||||||
22 | the
Prisoner Review Board. One representative supporting | ||||||
23 | parole and one representative opposing parole will be | ||||||
24 | allowed to speak. Their comments shall be limited to making | ||||||
25 | corrections and filling in omissions to the Board's | ||||||
26 | presentation and discussion;
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1 | (3) hear by at least one member and through a panel of | ||||||
2 | at least 3 members decide, the conditions
of mandatory | ||||||
3 | supervised release and the time of discharge from mandatory
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4 | supervised release, impose sanctions for violations of | ||||||
5 | mandatory
supervised release, and revoke mandatory | ||||||
6 | supervised release for those
sentenced under the law in | ||||||
7 | effect after the effective date of this
amendatory Act of | ||||||
8 | 1977;
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9 | (3.5) hear by at least one member and through a panel | ||||||
10 | of at least 3 members decide, the conditions of mandatory | ||||||
11 | supervised release and the time of discharge from mandatory | ||||||
12 | supervised release, to impose sanctions for violations of | ||||||
13 | mandatory supervised release and revoke mandatory | ||||||
14 | supervised release for those serving extended supervised | ||||||
15 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
16 | of Section 5-8-1;
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17 | (3.6) hear by at least one member and through a panel | ||||||
18 | of at least 3 members decide whether to revoke aftercare | ||||||
19 | release for those committed to the Department of Juvenile | ||||||
20 | Justice under the Juvenile Court Act of 1987; | ||||||
21 | (4) hear by at least one member and through a panel of | ||||||
22 | at least 3
members,
decide cases brought by the Department | ||||||
23 | of Corrections against a prisoner in
the custody of the | ||||||
24 | Department for alleged violation of Department rules
with | ||||||
25 | respect to sentence credits under Section 3-6-3 of this | ||||||
26 | Code
in which the Department seeks to revoke sentence |
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1 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
2 | when, during any 12 month period, the
cumulative amount of | ||||||
3 | credit revoked exceeds 30 days except where the
infraction | ||||||
4 | is committed or discovered within 60 days of scheduled | ||||||
5 | release.
In such cases, the Department of Corrections may | ||||||
6 | revoke up to 30 days of
sentence credit. The Board may | ||||||
7 | subsequently approve the revocation of
additional sentence | ||||||
8 | credit, if the Department seeks to revoke sentence credit | ||||||
9 | in excess of thirty days. However, the Board shall not be
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10 | empowered to review the Department's decision with respect | ||||||
11 | to the loss of
30 days of sentence credit for any prisoner | ||||||
12 | or to increase any penalty
beyond the length requested by | ||||||
13 | the Department;
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14 | (5) hear by at least one member and through a panel of | ||||||
15 | at least 3
members decide, the
release dates for certain | ||||||
16 | prisoners sentenced under the law in existence
prior to the | ||||||
17 | effective date of this amendatory Act of 1977, in
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18 | accordance with Section 3-3-2.1 of this Code;
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19 | (6) hear by at least one member and through a panel of | ||||||
20 | at least 3 members
decide, all requests for pardon, | ||||||
21 | reprieve or commutation, and make confidential
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22 | recommendations to the Governor;
| ||||||
23 | (6.5) hear, in accordance with Section 5-4.5-110 of | ||||||
24 | this Code, parole review and make release determinations of | ||||||
25 | persons under the age of 21 at the time of the commission | ||||||
26 | of an offense; |
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1 | (7) comply with the requirements of the Open Parole | ||||||
2 | Hearings Act;
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3 | (8) hear by at least one member and, through a panel of | ||||||
4 | at least 3
members, decide cases brought by the Department | ||||||
5 | of Corrections against a
prisoner in the custody of the | ||||||
6 | Department for court dismissal of a frivolous
lawsuit | ||||||
7 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
8 | Department seeks
to revoke up to 180 days of sentence | ||||||
9 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
10 | sentence credit at the time of the dismissal, then
all | ||||||
11 | sentence credit accumulated by the prisoner shall be | ||||||
12 | revoked;
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13 | (9) hear by at least 3 members, and, through a panel of | ||||||
14 | at least 3
members, decide whether to grant certificates of | ||||||
15 | relief from
disabilities or certificates of good conduct as | ||||||
16 | provided in Article 5.5 of
Chapter V; | ||||||
17 | (10) upon a petition by a person who has been convicted | ||||||
18 | of a Class 3 or Class 4 felony and who meets the | ||||||
19 | requirements of this paragraph, hear by at least 3 members | ||||||
20 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
21 | a certificate of eligibility for sealing recommending that | ||||||
22 | the court order the sealing of all official
records of the | ||||||
23 | arresting authority, the circuit court clerk, and the | ||||||
24 | Department of State Police concerning the arrest and | ||||||
25 | conviction for the Class 3 or 4 felony. A person may not | ||||||
26 | apply to the Board for a certificate of eligibility for |
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1 | sealing: | ||||||
2 | (A) until 5 years have elapsed since the expiration | ||||||
3 | of his or her sentence; | ||||||
4 | (B) until 5 years have elapsed since any arrests or | ||||||
5 | detentions by a law enforcement officer for an alleged | ||||||
6 | violation of law, other than a petty offense, traffic | ||||||
7 | offense, conservation offense, or local ordinance | ||||||
8 | offense; | ||||||
9 | (C) if convicted of a violation of the Cannabis | ||||||
10 | Control Act, Illinois Controlled Substances Act, the | ||||||
11 | Methamphetamine Control and Community Protection Act, | ||||||
12 | the Methamphetamine Precursor Control Act, or the | ||||||
13 | Methamphetamine Precursor Tracking Act unless the | ||||||
14 | petitioner has completed a drug abuse program for the | ||||||
15 | offense on which sealing is sought and provides proof | ||||||
16 | that he or she has completed the program successfully; | ||||||
17 | (D) if convicted of: | ||||||
18 | (i) a sex offense described in Article 11 or | ||||||
19 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
20 | the Criminal Code of 1961 or the Criminal Code of | ||||||
21 | 2012; | ||||||
22 | (ii) aggravated assault; | ||||||
23 | (iii) aggravated battery; | ||||||
24 | (iv) domestic battery; | ||||||
25 | (v) aggravated domestic battery; | ||||||
26 | (vi) violation of an order of protection; |
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1 | (vii) an offense under the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 involving a | ||||||
3 | firearm; | ||||||
4 | (viii) driving while under the influence of | ||||||
5 | alcohol, other drug or drugs, intoxicating | ||||||
6 | compound or compounds or any combination thereof; | ||||||
7 | (ix) aggravated driving while under the | ||||||
8 | influence of alcohol, other drug or drugs, | ||||||
9 | intoxicating compound or compounds or any | ||||||
10 | combination thereof; or | ||||||
11 | (x) any crime defined as a crime of violence | ||||||
12 | under Section 2 of the Crime Victims Compensation | ||||||
13 | Act. | ||||||
14 | If a person has applied to the Board for a certificate | ||||||
15 | of eligibility for sealing and the Board denies the | ||||||
16 | certificate, the person must wait at least 4 years before | ||||||
17 | filing again or filing for pardon from the Governor unless | ||||||
18 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
19 | The decision to issue or refrain from issuing a | ||||||
20 | certificate of eligibility for sealing shall be at the | ||||||
21 | Board's sole discretion, and shall not give rise to any | ||||||
22 | cause of action against either the Board or its members. | ||||||
23 | The Board may only authorize the sealing of Class 3 and | ||||||
24 | 4 felony convictions of the petitioner from one information | ||||||
25 | or indictment under this paragraph (10). A petitioner may | ||||||
26 | only receive one certificate of eligibility for sealing |
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1 | under this provision for life; and
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2 | (11) upon a petition by a person who after having been | ||||||
3 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
4 | in the United States Armed Forces or National Guard of this | ||||||
5 | or any other state and had received an honorable discharge | ||||||
6 | from the United States Armed Forces or National Guard or | ||||||
7 | who at the time of filing the petition is enlisted in the | ||||||
8 | United States Armed Forces or National Guard of this or any | ||||||
9 | other state and served one tour of duty and who meets the | ||||||
10 | requirements of this paragraph, hear by at least 3 members | ||||||
11 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
12 | a certificate of eligibility for expungement recommending | ||||||
13 | that the court order the expungement of all official
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14 | records of the arresting authority, the circuit court | ||||||
15 | clerk, and the Department of State Police concerning the | ||||||
16 | arrest and conviction for the Class 3 or 4 felony. A person | ||||||
17 | may not apply to the Board for a certificate of eligibility | ||||||
18 | for expungement: | ||||||
19 | (A) if convicted of: | ||||||
20 | (i) a sex offense described in Article 11 or | ||||||
21 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
22 | the Criminal Code of 1961 or Criminal Code of 2012; | ||||||
23 | (ii) an offense under the Criminal Code of 1961 | ||||||
24 | or Criminal Code of 2012 involving a firearm; or | ||||||
25 | (iii) a crime of violence as defined in Section | ||||||
26 | 2 of the Crime Victims Compensation Act; or |
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1 | (B) if the person has not served in the United | ||||||
2 | States Armed Forces or National Guard of this or any | ||||||
3 | other state or has not received an honorable discharge | ||||||
4 | from the United States Armed Forces or National Guard | ||||||
5 | of this or any other state or who at the time of the | ||||||
6 | filing of the petition is serving in the United States | ||||||
7 | Armed Forces or National Guard of this or any other | ||||||
8 | state and has not completed one tour of duty. | ||||||
9 | If a person has applied to the Board for a certificate | ||||||
10 | of eligibility for expungement and the Board denies the | ||||||
11 | certificate, the person must wait at least 4 years before | ||||||
12 | filing again or filing for a pardon with authorization for | ||||||
13 | expungement from the Governor unless the Governor or | ||||||
14 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
15 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
16 | and in
coordination with the Department of Corrections and the | ||||||
17 | Department of Central
Management Services, shall implement a | ||||||
18 | pilot project in 3 correctional
institutions providing for the | ||||||
19 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
20 | (a) of this Section through interactive video conferences.
The
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21 | project shall be implemented within 6 months after the | ||||||
22 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
23 | after the implementation of the pilot
project, the Prisoner | ||||||
24 | Review Board, with the cooperation of and in coordination
with | ||||||
25 | the Department of Corrections and the Department of Central | ||||||
26 | Management
Services, shall report to the Governor and the |
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1 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
2 | future viability of interactive video
conferences for Prisoner | ||||||
3 | Review Board hearings.
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4 | (b) Upon recommendation of the Department the Board may | ||||||
5 | restore sentence credit previously revoked.
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6 | (c) The Board shall cooperate with the Department in | ||||||
7 | promoting an
effective system of parole and mandatory | ||||||
8 | supervised release.
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9 | (d) The Board shall promulgate rules for the conduct of its | ||||||
10 | work,
and the Chairman shall file a copy of such rules and any | ||||||
11 | amendments
thereto with the Director and with the Secretary of | ||||||
12 | State.
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13 | (e) The Board shall keep records of all of its official | ||||||
14 | actions and
shall make them accessible in accordance with law | ||||||
15 | and the rules of the
Board.
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16 | (f) The Board or one who has allegedly violated the | ||||||
17 | conditions of
his or her parole, aftercare release, or | ||||||
18 | mandatory supervised release may require by subpoena the
| ||||||
19 | attendance and testimony of witnesses and the production of | ||||||
20 | documentary
evidence relating to any matter under | ||||||
21 | investigation or hearing. The
Chairman of the Board may sign | ||||||
22 | subpoenas which shall be served by any
agent or public official | ||||||
23 | authorized by the Chairman of the Board, or by
any person | ||||||
24 | lawfully authorized to serve a subpoena under the laws of the
| ||||||
25 | State of Illinois. The attendance of witnesses, and the | ||||||
26 | production of
documentary evidence, may be required from any |
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| |||||||
1 | place in the State to a
hearing location in the State before | ||||||
2 | the Chairman of the Board or his or her
designated agent or | ||||||
3 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
4 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
5 | mileage that are paid witnesses in the circuit courts of the
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6 | State, and witnesses whose depositions are taken and the | ||||||
7 | persons taking
those depositions are each entitled to the same | ||||||
8 | fees as are paid for
like services in actions in the circuit | ||||||
9 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
10 | payment when the witness is discharged
from further attendance.
| ||||||
11 | In case of disobedience to a subpoena, the Board may | ||||||
12 | petition any
circuit court of the State for an order requiring | ||||||
13 | the attendance and
testimony of witnesses or the production of | ||||||
14 | documentary evidence or
both. A copy of such petition shall be | ||||||
15 | served by personal service or by
registered or certified mail | ||||||
16 | upon the person who has failed to obey the
subpoena, and such | ||||||
17 | person shall be advised in writing that a hearing
upon the | ||||||
18 | petition will be requested in a court room to be designated in
| ||||||
19 | such notice before the judge hearing motions or extraordinary | ||||||
20 | remedies
at a specified time, on a specified date, not less | ||||||
21 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
22 | the written notice and petition
in the U.S. mails addressed to | ||||||
23 | the person at his last known address or
after the personal | ||||||
24 | service of the copy of the notice and petition upon
such | ||||||
25 | person. The court upon the filing of such a petition, may order | ||||||
26 | the
person refusing to obey the subpoena to appear at an |
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| |||||||
1 | investigation or
hearing, or to there produce documentary | ||||||
2 | evidence, if so ordered, or to
give evidence relative to the | ||||||
3 | subject matter of that investigation or
hearing. Any failure to | ||||||
4 | obey such order of the circuit court may be
punished by that | ||||||
5 | court as a contempt of court.
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6 | Each member of the Board and any hearing officer designated | ||||||
7 | by the
Board shall have the power to administer oaths and to | ||||||
8 | take the testimony
of persons under oath.
| ||||||
9 | (g) Except under subsection (a) of this Section, a majority | ||||||
10 | of the
members then appointed to the Prisoner Review Board | ||||||
11 | shall constitute a
quorum for the transaction of all business | ||||||
12 | of the Board.
| ||||||
13 | (h) The Prisoner Review Board shall annually transmit to | ||||||
14 | the
Director a detailed report of its work for the preceding | ||||||
15 | calendar year.
The annual report shall also be transmitted to | ||||||
16 | the Governor for
submission to the Legislature.
| ||||||
17 | (Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | ||||||
18 | 98-756, eff. 7-16-14; 99-628, eff. 1-1-17 .)
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19 | (730 ILCS 5/5-4.5-20) | ||||||
20 | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||||||
21 | degree murder: | ||||||
22 | (a) TERM. The defendant shall be sentenced to imprisonment | ||||||
23 | or, if appropriate, death under Section 9-1 of the Criminal | ||||||
24 | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | ||||||
25 | Imprisonment shall be for a determinate term , subject to |
| |||||||
| |||||||
1 | Section 5-4.5-110 of this Code, of (1) not less than 20 years | ||||||
2 | and not more than 60 years; (2) not less than 60 years and not | ||||||
3 | more than 100 years when an extended term is imposed under | ||||||
4 | Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as | ||||||
5 | provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| ||||||
6 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
7 | shall not be imposed.
| ||||||
8 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
9 | or the county impact incarceration program is not an authorized | ||||||
10 | disposition.
| ||||||
11 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
12 | probation or conditional discharge shall not be imposed.
| ||||||
13 | (e) FINE. Fines may be imposed as provided in Section | ||||||
14 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
15 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
16 | concerning restitution.
| ||||||
17 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
18 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
19 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
20 | (h) DRUG COURT. Drug court is not an authorized | ||||||
21 | disposition.
| ||||||
22 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
23 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
24 | detention prior to judgment.
| ||||||
25 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
26 | for rules and regulations for sentence credit.
|
| |||||||
| |||||||
1 | (k) ELECTRONIC HOME DETENTION. Electronic home detention | ||||||
2 | is not an authorized disposition, except in limited | ||||||
3 | circumstances as provided in Section 5-8A-3 (730 ILCS | ||||||
4 | 5/5-8A-3).
| ||||||
5 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
6 | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||||||
7 | mandatory supervised release term shall be 3 years upon release | ||||||
8 | from imprisonment.
| ||||||
9 | (Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
| ||||||
10 | (730 ILCS 5/5-4.5-25) | ||||||
11 | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | ||||||
12 | felony: | ||||||
13 | (a) TERM. The sentence of imprisonment shall be a | ||||||
14 | determinate sentence , subject to Section 5-4.5-110 of this | ||||||
15 | Code, of not less than 6 years and not more than 30 years. The | ||||||
16 | sentence of imprisonment for an extended term Class X felony, | ||||||
17 | as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to | ||||||
18 | Section 5-4.5-110 of this Code, shall be not less than 30 years | ||||||
19 | and not more than 60 years.
| ||||||
20 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
21 | shall not be imposed.
| ||||||
22 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
23 | or the county impact incarceration program is not an authorized | ||||||
24 | disposition.
| ||||||
25 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of |
| |||||||
| |||||||
1 | probation or conditional discharge shall not be imposed.
| ||||||
2 | (e) FINE. Fines may be imposed as provided in Section | ||||||
3 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
4 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
5 | concerning restitution.
| ||||||
6 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
7 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
8 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
9 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
10 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
11 | program.
| ||||||
12 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
13 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
14 | detention prior to judgment.
| ||||||
15 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
16 | for rules and regulations for sentence credit.
| ||||||
17 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
18 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
19 | detention.
| ||||||
20 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
21 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
22 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
23 | be 3 years upon release from imprisonment.
| ||||||
24 | (Source: P.A. 97-697, eff. 6-22-12.)
| ||||||
25 | (730 ILCS 5/5-4.5-30) |
| |||||||
| |||||||
1 | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | ||||||
2 | felony: | ||||||
3 | (a) TERM. The sentence of imprisonment, other than for | ||||||
4 | second degree murder, shall be a determinate sentence of not | ||||||
5 | less than 4 years and not more than 15 years , subject to | ||||||
6 | Section 5-4.5-110 of this Code . The sentence of imprisonment | ||||||
7 | for second degree murder shall be a determinate sentence of not | ||||||
8 | less than 4 years and not more than 20 years , subject to | ||||||
9 | Section 5-4.5-110 of this Code . The sentence of imprisonment | ||||||
10 | for an extended term Class 1 felony, as provided in Section | ||||||
11 | 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this | ||||||
12 | Code, shall be a term not less than 15 years and not more than | ||||||
13 | 30 years.
| ||||||
14 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
15 | imprisonment shall be for a definite term of from 3 to 4 years, | ||||||
16 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
17 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
18 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
19 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
20 | the impact incarceration program or the county impact | ||||||
21 | incarceration program.
| ||||||
22 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
23 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
24 | period of probation or conditional discharge shall not exceed 4 | ||||||
25 | years. The court shall specify the conditions of probation or | ||||||
26 | conditional discharge as set forth in Section 5-6-3 (730 ILCS |
| |||||||
| |||||||
1 | 5/5-6-3). In no case shall an offender be eligible for a | ||||||
2 | disposition of probation or conditional discharge for a Class 1 | ||||||
3 | felony committed while he or she was serving a term of | ||||||
4 | probation or conditional discharge for a felony.
| ||||||
5 | (e) FINE. Fines may be imposed as provided in Section | ||||||
6 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
7 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
8 | concerning restitution.
| ||||||
9 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
10 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
11 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
12 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
13 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
14 | program.
| ||||||
15 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
16 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
17 | detention prior to judgment.
| ||||||
18 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
19 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
20 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
21 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
22 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
23 | detention.
| ||||||
24 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
25 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
26 | 5/5-8-1), the parole or mandatory supervised release term shall |
| |||||||
| |||||||
1 | be 2 years upon release from imprisonment.
| ||||||
2 | (Source: P.A. 97-697, eff. 6-22-12.)
| ||||||
3 | (730 ILCS 5/5-4.5-110 new) | ||||||
4 | Sec. 5-4.5-110. Parole review of persons under the age of | ||||||
5 | 21 at the time of the commission of an offense. | ||||||
6 | (a) A person under 21 years of age at the time of the | ||||||
7 | commission of an offense or offenses, other than first degree | ||||||
8 | murder, and who is not serving a sentence for first degree | ||||||
9 | murder, shall be eligible for parole review by the Prisoner | ||||||
10 | Review Board after serving 10 years or more of his or her | ||||||
11 | sentence. A person under 21 years of age at the time of the | ||||||
12 | commission of first degree murder shall be eligible for parole | ||||||
13 | review by the Prisoner Review Board after serving
20 years or | ||||||
14 | more of his or her sentence. | ||||||
15 | (b) Three years prior to becoming eligible for parole | ||||||
16 | review, the eligible person may file his or her petition for | ||||||
17 | parole review with the Prisoner Review Board.
The petition | ||||||
18 | shall include a copy of the order of commitment and sentence to | ||||||
19 | the Department of Corrections for the offense or offenses for | ||||||
20 | which review is sought. Within 30 days of receipt of this | ||||||
21 | petition, the Prisoner Review Board shall determine whether the | ||||||
22 | petition is appropriately filed, and if so, shall set a date | ||||||
23 | for parole review three years from receipt of the petition and | ||||||
24 | notify the Department of Corrections within 3 business days. If | ||||||
25 | the Prisoner Review Board determines that the petition is not |
| |||||||
| |||||||
1 | appropriately filed, it shall notify the petitioner in writing, | ||||||
2 | including a basis for its determination, and such determination | ||||||
3 | is considered final and eligible for review under subsection | ||||||
4 | (o) of this Section. | ||||||
5 | (c) Within 6 months of the Prisoner Review Board's | ||||||
6 | determination that the petition was appropriately filed, the | ||||||
7 | Prisoner Review Board and a representative from the Department | ||||||
8 | of Corrections shall meet with the eligible person and
provide | ||||||
9 | the inmate information about the parole hearing process, legal | ||||||
10 | factors relevant to his or her suitability or unsuitability for | ||||||
11 | parole, and personalized recommendations for the inmate | ||||||
12 | regarding his or her work assignments, rehabilitative | ||||||
13 | programs, and institutional behavior. Following this meeting, | ||||||
14 | the eligible person has 7 calendar days to file a written | ||||||
15 | request to the representative from the Department of | ||||||
16 | Corrections and the Prisoner Review Board who met with the | ||||||
17 | eligible person of any additional programs and services which | ||||||
18 | the eligible person believes should be made available to | ||||||
19 | prepare the eligible person for return to the community. Within | ||||||
20 | 30 days following the meeting, the Board shall issue its | ||||||
21 | recommendations to the inmate in writing regarding the | ||||||
22 | available programs and services within the Department of | ||||||
23 | Corrections in which the eligible person should participate in | ||||||
24 | order to prepare for his or her return to the community. | ||||||
25 | (d) One year prior to the person being eligible for parole, | ||||||
26 | counsel shall be appointed from the county in which he or she |
| |||||||
| |||||||
1 | was originally sentenced. If appointed counsel has a good faith | ||||||
2 | belief that the person is not indigent, counsel may file a | ||||||
3 | motion before the Prisoner Review Board seeking withdrawal. If | ||||||
4 | withdrawal is granted, the person retains the right to counsel | ||||||
5 | in future proceedings under this Section. | ||||||
6 | (e) Nine months prior to the hearing, the Prisoner Review | ||||||
7 | Board shall provide the eligible person, and his or her | ||||||
8 | counsel, any written documents or materials it will be | ||||||
9 | considering in making its decision. The Prisoner Review Board | ||||||
10 | shall have an ongoing duty to provide the eligible person, and | ||||||
11 | his or her counsel, with any further documents or materials | ||||||
12 | that comes into its possession prior to the hearing. | ||||||
13 | (f) Nine months before the hearing, the Prisoner Review | ||||||
14 | Board shall provide notification to the victim or family of the | ||||||
15 | victim, of the scheduled hearing date. The Prisoner Review | ||||||
16 | Board also shall advise the victim or family of the victim of | ||||||
17 | the offense, of their rights under Section 8.1 of Article I of | ||||||
18 | the Illinois Constitution and the laws of this State. The | ||||||
19 | Prisoner Review Board shall afford the victim or families of | ||||||
20 | victims of the crime, or both, for which the petitioner was | ||||||
21 | originally sentenced an opportunity to provide a victim impact | ||||||
22 | statement at the parole hearing. The Prisoner Review Board | ||||||
23 | shall permit those statements and may consider the live | ||||||
24 | testimony of a victim or a victim representative at its | ||||||
25 | discretion. | ||||||
26 | (g) The eligible person has a right to be physically |
| |||||||
| |||||||
1 | present at the Prisoner Review Board hearing. Any form of | ||||||
2 | electronic or video transmission may not constitute physical | ||||||
3 | presence. At the hearing, the eligible person shall have the | ||||||
4 | right to make a statement on his or her own behalf. The | ||||||
5 | eligible person shall have his or her constitutional right to | ||||||
6 | remain silent. | ||||||
7 | (h) The eligible person and his or her counsel have a right | ||||||
8 | to present written documents and oral testimony at the Prisoner | ||||||
9 | Review Board hearing. If a psychological evaluation is | ||||||
10 | submitted for the Prisoner Review Board's consideration, it | ||||||
11 | shall be prepared by a person who has expertise in adolescent | ||||||
12 | brain development and behavior, and shall take into | ||||||
13 | consideration the diminished culpability of youthful | ||||||
14 | offenders, the hallmark features of youth, and any subsequent | ||||||
15 | growth and increased maturity of the person. The eligible | ||||||
16 | person and his or her counsel shall also have the right to | ||||||
17 | cross-examine any witnesses appearing in opposition to the | ||||||
18 | eligible person's release. | ||||||
19 | (i) The Prisoner Review Board hearing shall be conducted by | ||||||
20 | the members of the Prisoner Review Board qualified in the field | ||||||
21 | of juvenile matters. | ||||||
22 | (j) Only upon motion for good cause shown of the eligible | ||||||
23 | person, or his or her attorney, shall the date for the Prisoner | ||||||
24 | Review Board hearing, as set by subsection (b) of this Section, | ||||||
25 | be changed. All hearings shall be open to the public, and shall | ||||||
26 | be transcribed as provided for under the Court Reporters Act |
| |||||||
| |||||||
1 | and the Court Reporter Transcript Act. | ||||||
2 | (k) It is presumed that the eligible person shall be | ||||||
3 | released on parole after the Prisoner Review Board hearing is | ||||||
4 | conducted unless a majority of those present find by clear and | ||||||
5 | convincing evidence that continued incarceration is required | ||||||
6 | to protect the public from significant danger of harm posed by | ||||||
7 | the eligible person. In making the determination of whether the | ||||||
8 | presumption is overcome, the members of the panel must consider | ||||||
9 | the diminished culpability of youthful offenders, the hallmark | ||||||
10 | features of youth, and any subsequent growth and maturity of | ||||||
11 | the youthful offender during incarceration. | ||||||
12 | (l) Unless denied parole under subsection (k) of this | ||||||
13 | Section, the eligible person shall be released on parole which | ||||||
14 | shall operate to discharge the remaining term of years or | ||||||
15 | natural life sentence imposed upon him or her, notwithstanding | ||||||
16 | any required mandatory supervised release period the eligible | ||||||
17 | person is required to serve. | ||||||
18 | (m) If the Prisoner Review Board denies parole after | ||||||
19 | conducting the hearing under subsection (k) of this Section, it | ||||||
20 | shall issue a written decision denying the parole and provide | ||||||
21 | that decision to the eligible person and his or her counsel | ||||||
22 | within 7 calendar days. This decision constitutes a final | ||||||
23 | determination. | ||||||
24 | (n) An appeal may be taken to determine whether the | ||||||
25 | Prisoner Review Board abused its discretion denying parole | ||||||
26 | under subsection (m) of this Section. |
| |||||||
| |||||||
1 | Proceedings on the appeal shall be governed by Illinois | ||||||
2 | Supreme Court Rule 335 and Section 3-113 of the Code of Civil | ||||||
3 | Procedure. If the eligible person is indigent, the State | ||||||
4 | Appellate Defender shall represent the indigent person on | ||||||
5 | appeal. If appointed counsel has a good faith belief that the | ||||||
6 | person is not indigent, counsel can file a motion in the | ||||||
7 | appellate court seeking withdrawal. If withdrawal is granted, | ||||||
8 | the person retains the right to counsel in future proceedings | ||||||
9 | under this Section. | ||||||
10 | (o) A person denied parole under subsection (m) of this | ||||||
11 | Section shall be eligible for a second parole review by the | ||||||
12 | Prisoner Review Board 5 years after the written decision under | ||||||
13 | subsection (m) of this Section. The procedures for a second | ||||||
14 | parole review shall be governed by subsections (b) through (n) | ||||||
15 | of this Section. | ||||||
16 | (p) A person denied parole under subsection (o) of this | ||||||
17 | Section shall be eligible for a third and final parole review | ||||||
18 | by the Prisoner Review Board 5 years after the written decision | ||||||
19 | under subsection (o) of this Section. The procedures for the | ||||||
20 | third and final parole review shall be governed by subsections | ||||||
21 | (b) through (n) of this Section. | ||||||
22 | (q) Except for those individuals sentenced prior to | ||||||
23 | February 1, 1978, and who are eligible for parole release by | ||||||
24 | the Prisoner Review Board at the time of the effective date of | ||||||
25 | this amendatory Act of the 100th General Assembly, this Section | ||||||
26 | shall operate retroactively to a person incarcerated for an |
| |||||||
| |||||||
1 | offense or offenses committed before the effective date of this | ||||||
2 | amendatory Act of the 100th General Assembly when he or she was | ||||||
3 | under the age of 21 at the time of the commission of the | ||||||
4 | offense or offenses. | ||||||
5 | (r) Notwithstanding anything else to the contrary in this | ||||||
6 | Section, nothing in this Section shall be construed to delay | ||||||
7 | parole or mandatory supervised release consideration for | ||||||
8 | petitioners who, prior to the effective date of this amendatory | ||||||
9 | Act of the 100th General Assembly, are or will be eligible for | ||||||
10 | release earlier than this Section provides. Nothing in this | ||||||
11 | Section shall be construed as a limit, substitution, or bar on | ||||||
12 | a person's right to sentencing relief including any relief | ||||||
13 | provided under Section 5-4.5-115 of this Act, or any other | ||||||
14 | manner of relief, obtained by order of a court in proceedings | ||||||
15 | other than as provided in this Section.
| ||||||
16 | (730 ILCS 5/5-4.5-115 new) | ||||||
17 | Sec. 5-4.5-115. Procedure for resentencing of persons who | ||||||
18 | received or are serving a sentence of natural life for an | ||||||
19 | offense committed prior to the age of 18. | ||||||
20 | (a) If at the time of the effective date of this amendatory | ||||||
21 | Act of the 100th General Assembly an individual is serving a | ||||||
22 | sentence of natural life, or was previously serving a sentence | ||||||
23 | of natural life that was vacated after January 1, 2012, for an | ||||||
24 | offense that occurred when he or she was under the age of 18, | ||||||
25 | he or she may seek resentencing under this Section, provided |
| |||||||
| |||||||
1 | the individual has not already been resentenced after January | ||||||
2 | 1, 2012. | ||||||
3 | (b) At the resentencing hearing, the court shall: | ||||||
4 | (1) consider in mitigation the factors listed in | ||||||
5 | paragraphs (1) through (9) of subsection (a) of Section | ||||||
6 | 5-4.5-105 of this Code; | ||||||
7 | (2) consider the evidence, if any, received at the | ||||||
8 | trial; | ||||||
9 | (3) consider any presentence reports; | ||||||
10 | (4) consider the financial impact of incarceration | ||||||
11 | based on the financial impact statement filed with the | ||||||
12 | clerk of the court by the Department of Corrections; | ||||||
13 | (5) consider any additional evidence and information | ||||||
14 | offered by the parties in aggravation and mitigation, | ||||||
15 | including, but not limited to, scientific evidence of | ||||||
16 | recidivism; | ||||||
17 | (6) consider the individual's overall record of | ||||||
18 | behavior while incarcerated, including disciplinary | ||||||
19 | history, and participation in educational, vocational, and | ||||||
20 | life skills programs, including, but not limited to, | ||||||
21 | restorative justice programs, and extent of cooperation | ||||||
22 | with staff; | ||||||
23 | (7) consider the individual's acceptance of | ||||||
24 | responsibility for the crime or expressions of remorse, or | ||||||
25 | both; however, nothing in this paragraph
(7) shall be | ||||||
26 | construed against a petitioner who avers a good faith claim |
| |||||||
| |||||||
1 | of innocence; | ||||||
2 | (8) hear arguments as to sentencing alternatives; | ||||||
3 | (9) afford the individual the opportunity to make a | ||||||
4 | statement in his or her own behalf; and | ||||||
5 | (10) afford the victim or families of victims of the | ||||||
6 | crime, or both, for which the individual was originally | ||||||
7 | sentenced an opportunity to provide a victim impact | ||||||
8 | statement to the court. The court shall permit those | ||||||
9 | statements and may consider the live testimony of a victim | ||||||
10 | or a victim representative at its discretion. | ||||||
11 | (c) Nothing in this Section shall be construed to prevent | ||||||
12 | or limit a person's constitutional or statutory claims, which | ||||||
13 | have been brought or may be brought, before any court in this | ||||||
14 | State.
| ||||||
15 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
16 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
17 | use of a firearm; mandatory supervised release terms.
| ||||||
18 | (a) Except as otherwise provided in the statute defining | ||||||
19 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
20 | imprisonment for a felony shall be a determinate sentence set | ||||||
21 | by
the court under this Section, subject to Section 5-4.5-110 | ||||||
22 | of this Code, according to the following limitations:
| ||||||
23 | (1) for first degree murder,
| ||||||
24 | (a) (blank),
| ||||||
25 | (b) if a trier of fact finds beyond a reasonable
|
| |||||||
| |||||||
1 | doubt that the murder was accompanied by exceptionally
| ||||||
2 | brutal or heinous behavior indicative of wanton | ||||||
3 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
4 | of this Section, that any of the aggravating factors
| ||||||
5 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012 are
| ||||||
7 | present, the court may sentence the defendant, subject | ||||||
8 | to Section 5-4.5-105, to a term of natural life
| ||||||
9 | imprisonment, or
| ||||||
10 | (c) the court shall sentence the defendant to a | ||||||
11 | term of natural life
imprisonment if the defendant, at | ||||||
12 | the time of the commission of the murder, had attained | ||||||
13 | the age of 18, and
| ||||||
14 | (i) has previously been convicted of first | ||||||
15 | degree murder under
any state or federal law, or
| ||||||
16 | (ii) is found guilty of murdering more
than one | ||||||
17 | victim, or
| ||||||
18 | (iii) is found guilty of murdering a peace | ||||||
19 | officer, fireman, or emergency management worker | ||||||
20 | when
the peace officer, fireman, or emergency | ||||||
21 | management worker was killed in the course of | ||||||
22 | performing his
official duties, or to prevent the | ||||||
23 | peace officer or fireman from
performing his | ||||||
24 | official duties, or in retaliation for the peace | ||||||
25 | officer,
fireman, or emergency management worker | ||||||
26 | from performing his official duties, and the |
| |||||||
| |||||||
1 | defendant knew or should
have known that the | ||||||
2 | murdered individual was a peace officer, fireman, | ||||||
3 | or emergency management worker, or
| ||||||
4 | (iv) is found guilty of murdering an employee | ||||||
5 | of an institution or
facility of the Department of | ||||||
6 | Corrections, or any similar local
correctional | ||||||
7 | agency, when the employee was killed in the course | ||||||
8 | of
performing his official duties, or to prevent | ||||||
9 | the employee from performing
his official duties, | ||||||
10 | or in retaliation for the employee performing his
| ||||||
11 | official duties, or
| ||||||
12 | (v) is found guilty of murdering an emergency | ||||||
13 | medical
technician - ambulance, emergency medical | ||||||
14 | technician - intermediate, emergency
medical | ||||||
15 | technician - paramedic, ambulance driver or other | ||||||
16 | medical assistance or
first aid person while | ||||||
17 | employed by a municipality or other governmental | ||||||
18 | unit
when the person was killed in the course of | ||||||
19 | performing official duties or
to prevent the | ||||||
20 | person from performing official duties or in | ||||||
21 | retaliation
for performing official duties and the | ||||||
22 | defendant knew or should have known
that the | ||||||
23 | murdered individual was an emergency medical | ||||||
24 | technician - ambulance,
emergency medical | ||||||
25 | technician - intermediate, emergency medical
| ||||||
26 | technician - paramedic, ambulance driver, or other |
| |||||||
| |||||||
1 | medical
assistant or first aid personnel, or
| ||||||
2 | (vi) (blank), or
| ||||||
3 | (vii) is found guilty of first degree murder | ||||||
4 | and the murder was
committed by reason of any | ||||||
5 | person's activity as a community policing | ||||||
6 | volunteer
or to prevent any person from engaging in | ||||||
7 | activity as a community policing
volunteer. For | ||||||
8 | the purpose of this Section, "community policing | ||||||
9 | volunteer"
has the meaning ascribed to it in | ||||||
10 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
11 | For purposes of clause (v), "emergency medical | ||||||
12 | technician - ambulance",
"emergency medical technician - | ||||||
13 | intermediate", "emergency medical technician -
| ||||||
14 | paramedic", have the meanings ascribed to them in the | ||||||
15 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
16 | (d) (i) if the person committed the offense while | ||||||
17 | armed with a
firearm, 15 years shall be added to | ||||||
18 | the term of imprisonment imposed by the
court;
| ||||||
19 | (ii) if, during the commission of the offense, | ||||||
20 | the person
personally discharged a firearm, 20 | ||||||
21 | years shall be added to the term of
imprisonment | ||||||
22 | imposed by the court;
| ||||||
23 | (iii) if, during the commission of the | ||||||
24 | offense, the person
personally discharged a | ||||||
25 | firearm that proximately caused great bodily harm,
| ||||||
26 | permanent disability, permanent disfigurement, or |
| |||||||
| |||||||
1 | death to another person, 25
years or up to a term | ||||||
2 | of natural life shall be added to the term of
| ||||||
3 | imprisonment imposed by the court.
| ||||||
4 | (2) (blank);
| ||||||
5 | (2.5) for a person who has attained the age of 18 years
| ||||||
6 | at the time of the commission of the offense and
who is | ||||||
7 | convicted under the circumstances described in subdivision | ||||||
8 | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | ||||||
9 | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | ||||||
10 | or paragraph (2) of subsection
(d) of Section 12-14, | ||||||
11 | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | ||||||
12 | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | ||||||
13 | Section 11-1.40 or paragraph (2) of subsection (b) of | ||||||
14 | Section 12-14.1
of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012, the sentence shall be a term of | ||||||
16 | natural life
imprisonment.
| ||||||
17 | (b) (Blank).
| ||||||
18 | (c) (Blank).
| ||||||
19 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
20 | parole or mandatory
supervised release term shall be written as | ||||||
21 | part of the sentencing order and shall be as follows:
| ||||||
22 | (1) for first degree murder or a Class X felony except | ||||||
23 | for the offenses of predatory criminal sexual assault of a | ||||||
24 | child, aggravated criminal sexual assault, and criminal | ||||||
25 | sexual assault if committed on or after the effective date | ||||||
26 | of this amendatory Act of the 94th General Assembly and |
| |||||||
| |||||||
1 | except for the offense of aggravated child pornography | ||||||
2 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
3 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
5 | committed on or after January 1, 2009, 3 years;
| ||||||
6 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
7 | the offense of criminal sexual assault if committed on or | ||||||
8 | after the effective date of this amendatory Act of the 94th | ||||||
9 | General Assembly and except for the offenses of manufacture | ||||||
10 | and dissemination of child pornography under clauses | ||||||
11 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
12 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
13 | after January 1, 2009, 2 years;
| ||||||
14 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
15 | (4) for defendants who commit the offense of predatory | ||||||
16 | criminal sexual assault of a child, aggravated criminal | ||||||
17 | sexual assault, or criminal sexual assault, on or after the | ||||||
18 | effective date of this amendatory Act of the 94th General | ||||||
19 | Assembly, or who commit the offense of aggravated child | ||||||
20 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
21 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
22 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
23 | manufacture of child pornography, or dissemination of | ||||||
24 | child pornography after January 1, 2009, the term of | ||||||
25 | mandatory supervised release shall range from a minimum of | ||||||
26 | 3 years to a maximum of the natural life of the defendant;
|
| |||||||
| |||||||
1 | (5) if the victim is under 18 years of age, for a | ||||||
2 | second or subsequent
offense of aggravated criminal sexual | ||||||
3 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
4 | the first 2 years of which the defendant shall serve in an
| ||||||
5 | electronic home detention program under Article 8A of | ||||||
6 | Chapter V of this Code;
| ||||||
7 | (6) for a felony domestic battery, aggravated domestic | ||||||
8 | battery, stalking, aggravated stalking, and a felony | ||||||
9 | violation of an order of protection, 4 years. | ||||||
10 | (e) (Blank).
| ||||||
11 | (f) (Blank).
| ||||||
12 | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17 .)
| ||||||
13 | Section 10. The Code of Civil Procedure is amended by | ||||||
14 | changing Section 3-104 as follows:
| ||||||
15 | (735 ILCS 5/3-104) (from Ch. 110, par. 3-104)
| ||||||
16 | Sec. 3-104. Jurisdiction and venue. Jurisdiction to review | ||||||
17 | final
administrative decisions is vested in the Circuit Courts, | ||||||
18 | except as to a
final order of the Illinois Educational Labor | ||||||
19 | Relations Board in which case
jurisdiction to review a final | ||||||
20 | order is vested in the Appellate Court of a
judicial district | ||||||
21 | in which the Board maintains an office. Jurisdiction to review | ||||||
22 | a final determination by the Prisoner Review Board under | ||||||
23 | Section 5-4.5-110 of the Unified Code of Corrections is vested | ||||||
24 | in the Appellate Court of the judicial district which |
| |||||||
| |||||||
1 | encompasses the county in which the appellant was originally | ||||||
2 | sentenced. If the venue of
the action to review a final | ||||||
3 | administrative decision is expressly
prescribed in the | ||||||
4 | particular statute under authority of which the decision
was | ||||||
5 | made, such venue shall control, but if the venue is not so | ||||||
6 | prescribed,
an action to review a final administrative decision | ||||||
7 | may be commenced in the
Circuit Court of any county in which | ||||||
8 | (1) any part of the hearing or
proceeding culminating in the | ||||||
9 | decision of the administrative agency was
held, or (2) any part | ||||||
10 | of the subject matter involved is situated, or (3)
any part of | ||||||
11 | the transaction which gave rise to the proceedings before the
| ||||||
12 | agency occurred. The court first acquiring jurisdiction of any | ||||||
13 | action to
review a final administrative decision shall have and | ||||||
14 | retain jurisdiction
of the action until final disposition of | ||||||
15 | the action.
| ||||||
16 | (Source: P.A. 88-1.)".
|