Bill Amendment: IL HB3176 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CD CORR-RELIEF FROM SANCTION
Status: 2019-01-08 - Session Sine Die [HB3176 Detail]
Download: Illinois-2017-HB3176-House_Amendment_002.html
Bill Title: CD CORR-RELIEF FROM SANCTION
Status: 2019-01-08 - Session Sine Die [HB3176 Detail]
Download: Illinois-2017-HB3176-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 3176
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2 | AMENDMENT NO. ______. Amend House Bill 3176 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Child Care Act of 1969 is amended by | ||||||
5 | changing Section 4.2 as follows:
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6 | (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
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7 | Sec. 4.2. (a) No applicant may receive a license from the | ||||||
8 | Department and
no person may be employed by a licensed child | ||||||
9 | care facility who refuses to
authorize an investigation as | ||||||
10 | required by Section 4.1.
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11 | (b) In addition to the other provisions of this Section, no | ||||||
12 | applicant
may
receive a license from the Department and no | ||||||
13 | person
may be employed by a child care facility licensed by the | ||||||
14 | Department who has
been declared a sexually dangerous person | ||||||
15 | under "An Act in relation to
sexually dangerous persons, and | ||||||
16 | providing for their commitment, detention
and supervision", |
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1 | approved July 6, 1938, as amended, or convicted of
committing | ||||||
2 | or attempting to commit any of the following offenses | ||||||
3 | stipulated
under the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012:
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5 | (1) murder;
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6 | (1.1) solicitation of murder;
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7 | (1.2) solicitation of murder for hire;
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8 | (1.3) intentional homicide of an unborn child;
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9 | (1.4) voluntary manslaughter of an unborn child;
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10 | (1.5) involuntary manslaughter;
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11 | (1.6) reckless homicide;
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12 | (1.7) concealment of a homicidal death;
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13 | (1.8) involuntary manslaughter of an unborn child;
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14 | (1.9) reckless homicide of an unborn child;
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15 | (1.10) drug-induced homicide;
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16 | (2) a sex offense under Article 11, except offenses | ||||||
17 | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
18 | 11-40, and 11-45;
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19 | (3) kidnapping;
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20 | (3.1) aggravated unlawful restraint;
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21 | (3.2) forcible detention;
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22 | (3.3) harboring a runaway;
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23 | (3.4) aiding and abetting child abduction;
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24 | (4) aggravated kidnapping;
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25 | (5) child abduction;
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26 | (6) aggravated battery of a child as described in |
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1 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
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2 | (7) criminal sexual assault;
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3 | (8) aggravated criminal sexual assault;
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4 | (8.1) predatory criminal sexual assault of a child;
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5 | (9) criminal sexual abuse;
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6 | (10) aggravated sexual abuse;
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7 | (11) heinous battery as described in Section 12-4.1 or | ||||||
8 | subdivision (a)(2) of Section 12-3.05;
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9 | (12) aggravated battery with a firearm as described in | ||||||
10 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
11 | (e)(4) of Section 12-3.05;
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12 | (13) tampering with food, drugs, or cosmetics;
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13 | (14) drug induced infliction of great bodily harm as | ||||||
14 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
15 | Section 12-3.05;
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16 | (15) hate crime;
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17 | (16) stalking;
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18 | (17) aggravated stalking;
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19 | (18) threatening public officials;
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20 | (19) home invasion;
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21 | (20) vehicular invasion;
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22 | (21) criminal transmission of HIV;
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23 | (22) criminal abuse or neglect of an elderly person or | ||||||
24 | person with a disability as described in Section 12-21 or | ||||||
25 | subsection (e) of Section 12-4.4a;
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26 | (23) child abandonment;
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1 | (24) endangering the life or health of a child;
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2 | (25) ritual mutilation;
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3 | (26) ritualized abuse of a child;
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4 | (27) an offense in any other jurisdiction the elements | ||||||
5 | of
which are similar and
bear a substantial relationship to | ||||||
6 | any of the foregoing offenses.
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7 | (b-1) In addition to the other provisions of this Section, | ||||||
8 | beginning
January 1, 2004, no new applicant and, on the date of
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9 | licensure renewal, no current licensee may operate or receive a | ||||||
10 | license from
the
Department to operate, no person may be | ||||||
11 | employed by, and no adult person may
reside in a child care | ||||||
12 | facility licensed by the Department who has been
convicted of | ||||||
13 | committing or attempting to commit any of the following | ||||||
14 | offenses
or an offense in any other jurisdiction the elements | ||||||
15 | of which are similar and
bear a substantial relationship to any | ||||||
16 | of the following offenses:
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17 | (I) BODILY HARM
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18 | (1) Felony aggravated assault.
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19 | (2) Vehicular endangerment.
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20 | (3) Felony domestic battery.
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21 | (4) Aggravated battery.
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22 | (5) Heinous battery.
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23 | (6) Aggravated battery with a firearm.
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24 | (7) Aggravated battery of an unborn child.
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1 | (8) Aggravated battery of a senior citizen.
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2 | (9) Intimidation.
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3 | (10) Compelling organization membership of persons.
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4 | (11) Abuse and criminal neglect of a long term care | ||||||
5 | facility resident.
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6 | (12) Felony violation of an order of protection.
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7 | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
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8 | (1) Felony unlawful use of weapons.
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9 | (2) Aggravated discharge of a firearm.
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10 | (3) Reckless discharge of a firearm.
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11 | (4) Unlawful use of metal piercing bullets.
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12 | (5) Unlawful sale or delivery of firearms on the | ||||||
13 | premises of any
school.
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14 | (6) Disarming a police officer.
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15 | (7) Obstructing justice.
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16 | (8) Concealing or aiding a fugitive.
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17 | (9) Armed violence.
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18 | (10) Felony contributing to the criminal delinquency | ||||||
19 | of a juvenile.
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20 | (III) DRUG OFFENSES
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21 | (1) Possession of more than 30 grams of cannabis.
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22 | (2) Manufacture of more than 10 grams of cannabis.
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1 | (3) Cannabis trafficking.
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2 | (4) Delivery of cannabis on school grounds.
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3 | (5) Unauthorized production of more than 5 cannabis | ||||||
4 | sativa plants.
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5 | (6) Calculated criminal cannabis conspiracy.
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6 | (7) Unauthorized manufacture or delivery of controlled | ||||||
7 | substances.
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8 | (8) Controlled substance trafficking.
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9 | (9) Manufacture, distribution, or advertisement of | ||||||
10 | look-alike
substances.
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11 | (10) Calculated criminal drug conspiracy.
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12 | (11) Street gang criminal drug conspiracy.
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13 | (12) Permitting unlawful use of a building.
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14 | (13) Delivery of controlled, counterfeit, or | ||||||
15 | look-alike substances to
persons under age 18, or at truck | ||||||
16 | stops, rest stops, or safety rest areas, or
on school | ||||||
17 | property.
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18 | (14) Using, engaging, or employing persons under 18 to | ||||||
19 | deliver
controlled, counterfeit, or look-alike substances.
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20 | (15) Delivery of controlled substances.
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21 | (16) Sale or delivery of drug paraphernalia.
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22 | (17) Felony possession, sale, or exchange of | ||||||
23 | instruments adapted
for use of a controlled substance, | ||||||
24 | methamphetamine, or cannabis by subcutaneous injection.
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25 | (18) Felony possession of a controlled substance.
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26 | (19) Any violation of the Methamphetamine Control and |
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1 | Community Protection Act.
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2 | (b-1.5) In addition to any other provision of this Section, | ||||||
3 | for applicants with access to confidential financial | ||||||
4 | information or who submit documentation to support billing, no | ||||||
5 | applicant whose initial application was considered after the | ||||||
6 | effective date of this amendatory Act of the 97th General | ||||||
7 | Assembly may receive a license from the Department or a child | ||||||
8 | care facility licensed by the Department who has been convicted | ||||||
9 | of committing or attempting to commit any of the following | ||||||
10 | felony offenses: | ||||||
11 | (1) financial institution fraud under Section 17-10.6 | ||||||
12 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
13 | (2) identity theft under Section 16-30 of the Criminal | ||||||
14 | Code of 1961 or the Criminal Code of 2012; | ||||||
15 | (3) financial exploitation of an elderly person or a | ||||||
16 | person with a disability under Section 17-56 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
18 | (4) computer tampering under Section 17-51 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
20 | (5) aggravated computer tampering under Section 17-52 | ||||||
21 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
22 | (6) computer fraud under Section 17-50 of the Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012; | ||||||
24 | (7) deceptive practices under Section 17-1 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
26 | (8) forgery under Section 17-3 of the Criminal Code of |
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1 | 1961 or the Criminal Code of 2012; | ||||||
2 | (9) State benefits fraud under Section 17-6 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
4 | (10) mail fraud and wire fraud under Section 17-24 of | ||||||
5 | the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
6 | (11) theft under paragraphs (1.1) through (11) of | ||||||
7 | subsection (b) of Section 16-1 of the Criminal Code of 1961 | ||||||
8 | or the Criminal Code of 2012. | ||||||
9 | (b-2) Notwithstanding subsection (b-1), the Department may | ||||||
10 | make an exception and, for child care facilities other than | ||||||
11 | foster family homes,
issue a new child care facility license to | ||||||
12 | or renew the
existing child care facility license of an | ||||||
13 | applicant, a person employed by a
child care facility, or an | ||||||
14 | applicant who has an adult residing in a home child
care | ||||||
15 | facility who was convicted of an offense described in | ||||||
16 | subsection (b-1),
provided that all of the following | ||||||
17 | requirements are met:
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18 | (1) The relevant criminal offense occurred more than 5 | ||||||
19 | years prior to the
date of application or renewal, except | ||||||
20 | for drug offenses. The relevant drug
offense must have | ||||||
21 | occurred more than 10 years prior to the date of | ||||||
22 | application
or renewal, unless the applicant passed a drug | ||||||
23 | test, arranged and paid for by
the child care facility, no | ||||||
24 | less than 5 years after the offense.
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25 | (2) The Department must conduct a background check and | ||||||
26 | assess all
convictions and recommendations of the child |
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1 | care facility to determine if hiring or licensing the | ||||||
2 | applicant is in
accordance with Department administrative | ||||||
3 | rules and
procedures.
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4 | (3) The applicant meets all other requirements and | ||||||
5 | qualifications to be
licensed as the pertinent type of | ||||||
6 | child care facility under this Act and the
Department's | ||||||
7 | administrative rules.
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8 | (c) In addition to the other provisions of this Section, no
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9 | applicant may receive a license from the Department to operate | ||||||
10 | a foster family
home, and no adult person may reside in a | ||||||
11 | foster family home licensed by the
Department, who has been | ||||||
12 | convicted of committing or attempting to commit any of
the | ||||||
13 | following offenses stipulated under the Criminal Code of 1961, | ||||||
14 | the Criminal Code of 2012, the Cannabis
Control Act, the | ||||||
15 | Methamphetamine Control and Community Protection Act, and the | ||||||
16 | Illinois Controlled Substances Act:
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17 | (I) OFFENSES DIRECTED AGAINST THE PERSON
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18 | (A) KIDNAPPING AND RELATED OFFENSES
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19 | (1) Unlawful restraint.
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20 | (B) BODILY HARM
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21 | (2) Felony aggravated assault.
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22 | (3) Vehicular endangerment.
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23 | (4) Felony domestic battery.
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1 | (5) Aggravated battery.
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2 | (6) Heinous battery.
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3 | (7) Aggravated battery with a firearm.
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4 | (8) Aggravated battery of an unborn child.
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5 | (9) Aggravated battery of a senior citizen.
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6 | (10) Intimidation.
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7 | (11) Compelling organization membership of persons.
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8 | (12) Abuse and criminal neglect of a long term care | ||||||
9 | facility resident.
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10 | (13) Felony violation of an order of protection.
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11 | (II) OFFENSES DIRECTED AGAINST PROPERTY
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12 | (14) Felony theft.
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13 | (15) Robbery.
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14 | (16) Armed robbery.
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15 | (17) Aggravated robbery.
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16 | (18) Vehicular hijacking.
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17 | (19) Aggravated vehicular hijacking.
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18 | (20) Burglary.
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19 | (21) Possession of burglary tools.
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20 | (22) Residential burglary.
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21 | (23) Criminal fortification of a residence or | ||||||
22 | building.
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23 | (24) Arson.
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24 | (25) Aggravated arson.
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1 | (26) Possession of explosive or explosive incendiary | ||||||
2 | devices.
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3 | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
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4 | (27) Felony unlawful use of weapons.
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5 | (28) Aggravated discharge of a firearm.
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6 | (29) Reckless discharge of a firearm.
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7 | (30) Unlawful use of metal piercing bullets.
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8 | (31) Unlawful sale or delivery of firearms on the | ||||||
9 | premises of any school.
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10 | (32) Disarming a police officer.
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11 | (33) Obstructing justice.
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12 | (34) Concealing or aiding a fugitive.
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13 | (35) Armed violence.
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14 | (36) Felony contributing to the criminal delinquency | ||||||
15 | of a juvenile.
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16 | (IV) DRUG OFFENSES
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17 | (37) Possession of more than 30 grams of cannabis.
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18 | (38) Manufacture of more than 10 grams of cannabis.
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19 | (39) Cannabis trafficking.
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20 | (40) Delivery of cannabis on school grounds.
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21 | (41) Unauthorized production of more than 5 cannabis | ||||||
22 | sativa plants.
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1 | (42) Calculated criminal cannabis conspiracy.
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2 | (43) Unauthorized manufacture or delivery of | ||||||
3 | controlled substances.
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4 | (44) Controlled substance trafficking.
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5 | (45) Manufacture, distribution, or advertisement of | ||||||
6 | look-alike substances.
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7 | (46) Calculated criminal drug conspiracy.
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8 | (46.5) Streetgang criminal drug conspiracy.
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9 | (47) Permitting unlawful use of a building.
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10 | (48) Delivery of controlled, counterfeit, or | ||||||
11 | look-alike substances to
persons under age 18, or at truck | ||||||
12 | stops, rest stops, or safety rest areas, or
on school | ||||||
13 | property.
| ||||||
14 | (49) Using, engaging, or employing persons under 18 to | ||||||
15 | deliver controlled,
counterfeit, or look-alike substances.
| ||||||
16 | (50) Delivery of controlled substances.
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17 | (51) Sale or delivery of drug paraphernalia.
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18 | (52) Felony possession, sale, or exchange of | ||||||
19 | instruments adapted for use
of a controlled substance, | ||||||
20 | methamphetamine, or cannabis by subcutaneous injection. | ||||||
21 | (53) Any violation of the Methamphetamine Control and | ||||||
22 | Community Protection Act.
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23 | (d) Notwithstanding subsection (c), the Department may | ||||||
24 | make an exception and issue a new foster
family home license or | ||||||
25 | may renew an existing
foster family home license of an | ||||||
26 | applicant who was convicted of an offense
described in |
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1 | subsection (c), provided all of the following requirements are
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2 | met:
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3 | (1) The relevant criminal offense or offenses occurred | ||||||
4 | more than 10 years
prior to the date of application or | ||||||
5 | renewal.
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6 | (2) The applicant had previously disclosed the | ||||||
7 | conviction or convictions
to the Department for purposes of | ||||||
8 | a background check.
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9 | (3) After the disclosure, the Department either placed | ||||||
10 | a child in the home
or the foster family home license was | ||||||
11 | issued.
| ||||||
12 | (4) During the background check, the Department had | ||||||
13 | assessed and
waived the conviction in compliance with the | ||||||
14 | existing statutes and rules in
effect at the time of the | ||||||
15 | hire or licensure.
| ||||||
16 | (5) The applicant meets all other requirements and | ||||||
17 | qualifications to be
licensed as a foster family home under | ||||||
18 | this Act and the Department's
administrative
rules.
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19 | (6) The applicant has a history of providing a safe, | ||||||
20 | stable home
environment and appears able to continue to | ||||||
21 | provide a safe, stable home
environment.
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22 | (e) In evaluating the exception pursuant to subsections | ||||||
23 | (b-2) and (d), the Department must carefully review any | ||||||
24 | relevant documents to determine whether the applicant, despite | ||||||
25 | the disqualifying convictions, poses a substantial risk to | ||||||
26 | State resources or clients. In making such a determination, the |
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1 | following guidelines shall be used: | ||||||
2 | (1) the age of the applicant when the offense was | ||||||
3 | committed; | ||||||
4 | (2) the circumstances surrounding the offense; | ||||||
5 | (3) the length of time since the conviction; | ||||||
6 | (4) the specific duties and responsibilities | ||||||
7 | necessarily related to the license being applied for and | ||||||
8 | the bearing, if any, that the applicant's conviction | ||||||
9 | history may have on his or her fitness to perform these | ||||||
10 | duties and responsibilities; | ||||||
11 | (5) the applicant's employment references; | ||||||
12 | (6) the applicant's character references and any | ||||||
13 | certificates of achievement; | ||||||
14 | (7) an academic transcript showing educational | ||||||
15 | attainment since the disqualifying conviction; | ||||||
16 | (8) a Certificate of Relief from Collateral | ||||||
17 | Consequence Disabilities or Certificate of Good Conduct ; | ||||||
18 | and | ||||||
19 | (9) anything else that speaks to the applicant's | ||||||
20 | character. | ||||||
21 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
22 | Section 10. The Unified Code of Corrections is amended by | ||||||
23 | changing the heading of Article 5.5 of Chapter V and Sections | ||||||
24 | 3-3-2, 5-5-5, 5-5.5-5, 5-5.5-24, 5-5.5-25, 5-5.5-30, 5-5.5-35, | ||||||
25 | 5-5.5-40, and 5-5.5-50 and by adding Section 5-5.5-21 as |
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1 | follows:
| ||||||
2 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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3 | Sec. 3-3-2. Powers and duties.
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4 | (a) The Parole and Pardon Board is abolished and the term | ||||||
5 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
6 | read "Prisoner Review
Board." After the effective date of this | ||||||
7 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
8 | by rule for the orderly transition of
all files, records, and | ||||||
9 | documents of the Parole and Pardon Board and for
such other | ||||||
10 | steps as may be necessary to effect an orderly transition and | ||||||
11 | shall:
| ||||||
12 | (1) hear by at least one member and through a panel of | ||||||
13 | at least 3 members
decide, cases of prisoners
who were | ||||||
14 | sentenced under the law in effect prior to the effective
| ||||||
15 | date of this amendatory Act of 1977, and who are eligible | ||||||
16 | for parole;
| ||||||
17 | (2) hear by at least one member and through a panel of | ||||||
18 | at least 3 members decide, the conditions of
parole and the | ||||||
19 | time of discharge from parole, impose sanctions for
| ||||||
20 | violations of parole, and revoke
parole for those sentenced | ||||||
21 | under the law in effect prior to this amendatory
Act of | ||||||
22 | 1977; provided that the decision to parole and the | ||||||
23 | conditions of
parole for all prisoners who were sentenced | ||||||
24 | for first degree murder or who
received a minimum sentence | ||||||
25 | of 20 years or more under the law in effect
prior to |
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| |||||||
1 | February 1, 1978 shall be determined by a majority vote of | ||||||
2 | the
Prisoner Review Board. One representative supporting | ||||||
3 | parole and one representative opposing parole will be | ||||||
4 | allowed to speak. Their comments shall be limited to making | ||||||
5 | corrections and filling in omissions to the Board's | ||||||
6 | presentation and discussion;
| ||||||
7 | (3) hear by at least one member and through a panel of | ||||||
8 | at least 3 members decide, the conditions
of mandatory | ||||||
9 | supervised release and the time of discharge from mandatory
| ||||||
10 | supervised release, impose sanctions for violations of | ||||||
11 | mandatory
supervised release, and revoke mandatory | ||||||
12 | supervised release for those
sentenced under the law in | ||||||
13 | effect after the effective date of this
amendatory Act of | ||||||
14 | 1977;
| ||||||
15 | (3.5) hear by at least one member and through a panel | ||||||
16 | of at least 3 members decide, the conditions of mandatory | ||||||
17 | supervised release and the time of discharge from mandatory | ||||||
18 | supervised release, to impose sanctions for violations of | ||||||
19 | mandatory supervised release and revoke mandatory | ||||||
20 | supervised release for those serving extended supervised | ||||||
21 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
22 | of Section 5-8-1;
| ||||||
23 | (3.6) hear by at least one member and through a panel | ||||||
24 | of at least 3 members decide whether to revoke aftercare | ||||||
25 | release for those committed to the Department of Juvenile | ||||||
26 | Justice under the Juvenile Court Act of 1987; |
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| |||||||
1 | (4) hear by at least one member and through a panel of | ||||||
2 | at least 3
members,
decide cases brought by the Department | ||||||
3 | of Corrections against a prisoner in
the custody of the | ||||||
4 | Department for alleged violation of Department rules
with | ||||||
5 | respect to sentence credits under Section 3-6-3 of this | ||||||
6 | Code
in which the Department seeks to revoke sentence | ||||||
7 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
8 | when, during any 12 month period, the
cumulative amount of | ||||||
9 | credit revoked exceeds 30 days except where the
infraction | ||||||
10 | is committed or discovered within 60 days of scheduled | ||||||
11 | release.
In such cases, the Department of Corrections may | ||||||
12 | revoke up to 30 days of
sentence credit. The Board may | ||||||
13 | subsequently approve the revocation of
additional sentence | ||||||
14 | credit, if the Department seeks to revoke sentence credit | ||||||
15 | in excess of thirty days. However, the Board shall not be
| ||||||
16 | empowered to review the Department's decision with respect | ||||||
17 | to the loss of
30 days of sentence credit for any prisoner | ||||||
18 | or to increase any penalty
beyond the length requested by | ||||||
19 | the Department;
| ||||||
20 | (5) hear by at least one member and through a panel of | ||||||
21 | at least 3
members decide, the
release dates for certain | ||||||
22 | prisoners sentenced under the law in existence
prior to the | ||||||
23 | effective date of this amendatory Act of 1977, in
| ||||||
24 | accordance with Section 3-3-2.1 of this Code;
| ||||||
25 | (6) hear by at least one member and through a panel of | ||||||
26 | at least 3 members
decide, all requests for pardon, |
| |||||||
| |||||||
1 | reprieve or commutation, and make confidential
| ||||||
2 | recommendations to the Governor;
| ||||||
3 | (7) comply with the requirements of the Open Parole | ||||||
4 | Hearings Act;
| ||||||
5 | (8) 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 court dismissal of a frivolous
lawsuit | ||||||
9 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
10 | Department seeks
to revoke up to 180 days of sentence | ||||||
11 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
12 | sentence credit at the time of the dismissal, then
all | ||||||
13 | sentence credit accumulated by the prisoner shall be | ||||||
14 | revoked;
| ||||||
15 | (9) (blank); hear by at least 3 members, and, through a | ||||||
16 | panel of at least 3
members, decide whether to grant | ||||||
17 | certificates of relief from
disabilities or certificates | ||||||
18 | of good conduct as provided in Article 5.5 of
Chapter V; | ||||||
19 | (10) upon a petition by a person who has been convicted | ||||||
20 | of a Class 3 or Class 4 felony and who meets the | ||||||
21 | requirements of this paragraph, hear by at least 3 members | ||||||
22 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
23 | a certificate of eligibility for sealing recommending that | ||||||
24 | the court order the sealing of all official
records of the | ||||||
25 | arresting authority, the circuit court clerk, and the | ||||||
26 | Department of State Police concerning the arrest and |
| |||||||
| |||||||
1 | conviction for the Class 3 or 4 felony. A person may not | ||||||
2 | apply to the Board for a certificate of eligibility for | ||||||
3 | sealing: | ||||||
4 | (A) until 5 years have elapsed since the expiration | ||||||
5 | of his or her sentence; | ||||||
6 | (B) until 5 years have elapsed since any arrests or | ||||||
7 | detentions by a law enforcement officer for an alleged | ||||||
8 | violation of law, other than a petty offense, traffic | ||||||
9 | offense, conservation offense, or local ordinance | ||||||
10 | offense; | ||||||
11 | (C) if convicted of a violation of the Cannabis | ||||||
12 | Control Act, Illinois Controlled Substances Act, the | ||||||
13 | Methamphetamine Control and Community Protection Act, | ||||||
14 | the Methamphetamine Precursor Control Act, or the | ||||||
15 | Methamphetamine Precursor Tracking Act unless the | ||||||
16 | petitioner has completed a drug abuse program for the | ||||||
17 | offense on which sealing is sought and provides proof | ||||||
18 | that he or she has completed the program successfully; | ||||||
19 | (D) 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 the Criminal Code of | ||||||
23 | 2012; | ||||||
24 | (ii) aggravated assault; | ||||||
25 | (iii) aggravated battery; | ||||||
26 | (iv) domestic battery; |
| |||||||
| |||||||
1 | (v) aggravated domestic battery; | ||||||
2 | (vi) violation of an order of protection; | ||||||
3 | (vii) an offense under the Criminal Code of | ||||||
4 | 1961 or the Criminal Code of 2012 involving a | ||||||
5 | firearm; | ||||||
6 | (viii) driving while under the influence of | ||||||
7 | alcohol, other drug or drugs, intoxicating | ||||||
8 | compound or compounds or any combination thereof; | ||||||
9 | (ix) aggravated driving while under the | ||||||
10 | influence of alcohol, other drug or drugs, | ||||||
11 | intoxicating compound or compounds or any | ||||||
12 | combination thereof; or | ||||||
13 | (x) any crime defined as a crime of violence | ||||||
14 | under Section 2 of the Crime Victims Compensation | ||||||
15 | Act. | ||||||
16 | If a person has applied to the Board for a certificate | ||||||
17 | of eligibility for sealing and the Board denies the | ||||||
18 | certificate, the person must wait at least 4 years before | ||||||
19 | filing again or filing for pardon from the Governor unless | ||||||
20 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
21 | The decision to issue or refrain from issuing a | ||||||
22 | certificate of eligibility for sealing shall be at the | ||||||
23 | Board's sole discretion, and shall not give rise to any | ||||||
24 | cause of action against either the Board or its members. | ||||||
25 | The Board may only authorize the sealing of Class 3 and | ||||||
26 | 4 felony convictions of the petitioner from one information |
| |||||||
| |||||||
1 | or indictment under this paragraph (10). A petitioner may | ||||||
2 | only receive one certificate of eligibility for sealing | ||||||
3 | under this provision for life; and
| ||||||
4 | (11) upon a petition by a person who after having been | ||||||
5 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
6 | in the United States Armed Forces or National Guard of this | ||||||
7 | or any other state and had received an honorable discharge | ||||||
8 | from the United States Armed Forces or National Guard or | ||||||
9 | who at the time of filing the petition is enlisted in the | ||||||
10 | United States Armed Forces or National Guard of this or any | ||||||
11 | other state and served one tour of duty and who meets the | ||||||
12 | requirements of this paragraph, hear by at least 3 members | ||||||
13 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
14 | a certificate of eligibility for expungement recommending | ||||||
15 | that the court order the expungement of all official
| ||||||
16 | records of the arresting authority, the circuit court | ||||||
17 | clerk, and the Department of State Police concerning the | ||||||
18 | arrest and conviction for the Class 3 or 4 felony. A person | ||||||
19 | may not apply to the Board for a certificate of eligibility | ||||||
20 | for expungement: | ||||||
21 | (A) if convicted of: | ||||||
22 | (i) a sex offense described in Article 11 or | ||||||
23 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
24 | the Criminal Code of 1961 or Criminal Code of 2012; | ||||||
25 | (ii) an offense under the Criminal Code of 1961 | ||||||
26 | or Criminal Code of 2012 involving a firearm; or |
| |||||||
| |||||||
1 | (iii) a crime of violence as defined in Section | ||||||
2 | 2 of the Crime Victims Compensation Act; or | ||||||
3 | (B) if the person has not served in the United | ||||||
4 | States Armed Forces or National Guard of this or any | ||||||
5 | other state or has not received an honorable discharge | ||||||
6 | from the United States Armed Forces or National Guard | ||||||
7 | of this or any other state or who at the time of the | ||||||
8 | filing of the petition is serving in the United States | ||||||
9 | Armed Forces or National Guard of this or any other | ||||||
10 | state and has not completed one tour of duty. | ||||||
11 | If a person has applied to the Board for a certificate | ||||||
12 | of eligibility for expungement and the Board denies the | ||||||
13 | certificate, the person must wait at least 4 years before | ||||||
14 | filing again or filing for a pardon with authorization for | ||||||
15 | expungement from the Governor unless the Governor or | ||||||
16 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
17 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
18 | and in
coordination with the Department of Corrections and the | ||||||
19 | Department of Central
Management Services, shall implement a | ||||||
20 | pilot project in 3 correctional
institutions providing for the | ||||||
21 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
22 | (a) of this Section through interactive video conferences.
The
| ||||||
23 | project shall be implemented within 6 months after the | ||||||
24 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
25 | after the implementation of the pilot
project, the Prisoner | ||||||
26 | Review Board, with the cooperation of and in coordination
with |
| |||||||
| |||||||
1 | the Department of Corrections and the Department of Central | ||||||
2 | Management
Services, shall report to the Governor and the | ||||||
3 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
4 | future viability of interactive video
conferences for Prisoner | ||||||
5 | Review Board hearings.
| ||||||
6 | (b) Upon recommendation of the Department the Board may | ||||||
7 | restore sentence credit previously revoked.
| ||||||
8 | (c) The Board shall cooperate with the Department in | ||||||
9 | promoting an
effective system of parole and mandatory | ||||||
10 | supervised release.
| ||||||
11 | (d) The Board shall promulgate rules for the conduct of its | ||||||
12 | work,
and the Chairman shall file a copy of such rules and any | ||||||
13 | amendments
thereto with the Director and with the Secretary of | ||||||
14 | State.
| ||||||
15 | (e) The Board shall keep records of all of its official | ||||||
16 | actions and
shall make them accessible in accordance with law | ||||||
17 | and the rules of the
Board.
| ||||||
18 | (f) The Board or one who has allegedly violated the | ||||||
19 | conditions of
his or her parole, aftercare release, or | ||||||
20 | mandatory supervised release may require by subpoena the
| ||||||
21 | attendance and testimony of witnesses and the production of | ||||||
22 | documentary
evidence relating to any matter under | ||||||
23 | investigation or hearing. The
Chairman of the Board may sign | ||||||
24 | subpoenas which shall be served by any
agent or public official | ||||||
25 | authorized by the Chairman of the Board, or by
any person | ||||||
26 | lawfully authorized to serve a subpoena under the laws of the
|
| |||||||
| |||||||
1 | State of Illinois. The attendance of witnesses, and the | ||||||
2 | production of
documentary evidence, may be required from any | ||||||
3 | place in the State to a
hearing location in the State before | ||||||
4 | the Chairman of the Board or his or her
designated agent or | ||||||
5 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
6 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
7 | mileage that are paid witnesses in the circuit courts of the
| ||||||
8 | State, and witnesses whose depositions are taken and the | ||||||
9 | persons taking
those depositions are each entitled to the same | ||||||
10 | fees as are paid for
like services in actions in the circuit | ||||||
11 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
12 | payment when the witness is discharged
from further attendance.
| ||||||
13 | In case of disobedience to a subpoena, the Board may | ||||||
14 | petition any
circuit court of the State for an order requiring | ||||||
15 | the attendance and
testimony of witnesses or the production of | ||||||
16 | documentary evidence or
both. A copy of such petition shall be | ||||||
17 | served by personal service or by
registered or certified mail | ||||||
18 | upon the person who has failed to obey the
subpoena, and such | ||||||
19 | person shall be advised in writing that a hearing
upon the | ||||||
20 | petition will be requested in a court room to be designated in
| ||||||
21 | such notice before the judge hearing motions or extraordinary | ||||||
22 | remedies
at a specified time, on a specified date, not less | ||||||
23 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
24 | the written notice and petition
in the U.S. mails addressed to | ||||||
25 | the person at his last known address or
after the personal | ||||||
26 | service of the copy of the notice and petition upon
such |
| |||||||
| |||||||
1 | person. The court upon the filing of such a petition, may order | ||||||
2 | the
person refusing to obey the subpoena to appear at an | ||||||
3 | investigation or
hearing, or to there produce documentary | ||||||
4 | evidence, if so ordered, or to
give evidence relative to the | ||||||
5 | subject matter of that investigation or
hearing. Any failure to | ||||||
6 | obey such order of the circuit court may be
punished by that | ||||||
7 | court as a contempt of court.
| ||||||
8 | Each member of the Board and any hearing officer designated | ||||||
9 | by the
Board shall have the power to administer oaths and to | ||||||
10 | take the testimony
of persons under oath.
| ||||||
11 | (g) Except under subsection (a) of this Section, a majority | ||||||
12 | of the
members then appointed to the Prisoner Review Board | ||||||
13 | shall constitute a
quorum for the transaction of all business | ||||||
14 | of the Board.
| ||||||
15 | (h) The Prisoner Review Board shall annually transmit to | ||||||
16 | the
Director a detailed report of its work for the preceding | ||||||
17 | calendar year.
The annual report shall also be transmitted to | ||||||
18 | the Governor for
submission to the Legislature.
| ||||||
19 | (Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | ||||||
20 | 98-756, eff. 7-16-14; 99-628, eff. 1-1-17 .)
| ||||||
21 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||||||
22 | Sec. 5-5-5. Loss and Restoration of Rights.
| ||||||
23 | (a) Conviction and disposition shall not entail the loss by | ||||||
24 | the
defendant of any civil rights, except under this Section | ||||||
25 | and Sections 29-6
and 29-10 of The Election Code, as now or |
| |||||||
| |||||||
1 | hereafter amended.
| ||||||
2 | (b) A person convicted of a felony shall be ineligible to | ||||||
3 | hold an office
created by the Constitution of this State until | ||||||
4 | the completion of his sentence.
| ||||||
5 | (c) A person sentenced to imprisonment shall lose his right | ||||||
6 | to vote
until released from imprisonment.
| ||||||
7 | (d) On completion of sentence of imprisonment or upon | ||||||
8 | discharge from
probation, conditional discharge or periodic | ||||||
9 | imprisonment, or at any time
thereafter, all license rights and | ||||||
10 | privileges
granted under the authority of this State which have | ||||||
11 | been revoked or
suspended because of conviction of an offense | ||||||
12 | shall be restored unless the
authority having jurisdiction of | ||||||
13 | such license rights finds after
investigation and hearing that | ||||||
14 | restoration is not in the public interest.
This paragraph (d) | ||||||
15 | shall not apply to the suspension or revocation of a
license to | ||||||
16 | operate a motor vehicle under the Illinois Vehicle Code.
| ||||||
17 | (e) Upon a person's discharge from incarceration or parole, | ||||||
18 | or upon a
person's discharge from probation or at any time | ||||||
19 | thereafter, the committing
court may enter an order certifying | ||||||
20 | that the sentence has been
satisfactorily completed when the | ||||||
21 | court believes it would assist in the
rehabilitation of the | ||||||
22 | person and be consistent with the public welfare.
Such order | ||||||
23 | may be entered upon the motion of the defendant or the State or
| ||||||
24 | upon the court's own motion.
| ||||||
25 | (f) Upon entry of the order, the court shall issue to the | ||||||
26 | person in
whose favor the order has been entered a certificate |
| |||||||
| |||||||
1 | stating that his
behavior after conviction has warranted the | ||||||
2 | issuance of the order.
| ||||||
3 | (g) This Section shall not affect the right of a defendant | ||||||
4 | to
collaterally attack his conviction or to rely on it in bar | ||||||
5 | of subsequent
proceedings for the same offense.
| ||||||
6 | (h) No application for any license specified in subsection | ||||||
7 | (i) of this
Section granted under the
authority of this State | ||||||
8 | shall be denied by reason of an eligible offender who
has | ||||||
9 | obtained a certificate of relief from collateral consequence | ||||||
10 | disabilities , as
defined in Article 5.5 of this Chapter, having | ||||||
11 | been previously convicted of one
or more
criminal offenses, or | ||||||
12 | by reason of a finding of lack of "good moral
character" when | ||||||
13 | the finding is based upon the fact that the applicant has
| ||||||
14 | previously been convicted of one or more criminal offenses, | ||||||
15 | unless:
| ||||||
16 | (1) there is a direct relationship between one or more | ||||||
17 | of the previous
criminal offenses and the specific license | ||||||
18 | sought; or
| ||||||
19 | (2) the issuance of the license would
involve an | ||||||
20 | unreasonable risk to property or to the safety or welfare | ||||||
21 | of
specific individuals or the general public.
| ||||||
22 | In making such a determination, the licensing agency shall | ||||||
23 | consider the
following factors:
| ||||||
24 | (1) the public policy of this State, as expressed in | ||||||
25 | Article 5.5 of this
Chapter, to encourage the licensure and | ||||||
26 | employment of persons previously
convicted of one or more |
| |||||||
| |||||||
1 | criminal offenses;
| ||||||
2 | (2) the specific duties and responsibilities | ||||||
3 | necessarily related to the
license being sought;
| ||||||
4 | (3) the bearing, if any, the criminal offenses or | ||||||
5 | offenses for which the
person
was previously convicted will | ||||||
6 | have on his or her fitness or ability to perform
one or
| ||||||
7 | more such duties and responsibilities;
| ||||||
8 | (4) the time which has elapsed since the occurrence of | ||||||
9 | the criminal
offense or offenses;
| ||||||
10 | (5) the age of the person at the time of occurrence of | ||||||
11 | the criminal
offense or offenses;
| ||||||
12 | (6) the seriousness of the offense or offenses;
| ||||||
13 | (7) any information produced by the person or produced | ||||||
14 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
15 | and good conduct, including a certificate
of relief from | ||||||
16 | collateral consequence disabilities issued to the | ||||||
17 | applicant, which certificate shall
create a presumption of | ||||||
18 | rehabilitation in regard to the offense or offenses
| ||||||
19 | specified in the certificate; and
| ||||||
20 | (8) the legitimate interest of the licensing agency in | ||||||
21 | protecting
property, and
the safety and welfare of specific | ||||||
22 | individuals or the general public.
| ||||||
23 | (i) A certificate of relief from collateral consequence | ||||||
24 | disabilities shall be issued only
for a
license or | ||||||
25 | certification issued under the following Acts:
| ||||||
26 | (1) the Animal Welfare Act; except that a certificate |
| |||||||
| |||||||
1 | of relief from
collateral consequence disabilities may not | ||||||
2 | be granted
to provide for
the
issuance or restoration of a | ||||||
3 | license under the Animal Welfare Act for any
person | ||||||
4 | convicted of violating Section 3, 3.01, 3.02, 3.03, 3.03-1, | ||||||
5 | or 4.01 of
the Humane Care for Animals Act or Section 26-5 | ||||||
6 | or 48-1 of the Criminal Code of
1961 or the Criminal Code | ||||||
7 | of 2012;
| ||||||
8 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
9 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
10 | and Nail Technology Act of 1985;
| ||||||
11 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
12 | Act;
| ||||||
13 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
14 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
15 | 1984;
| ||||||
16 | (7) the Illinois Farm Labor Contractor Certification | ||||||
17 | Act;
| ||||||
18 | (8) the Interior Design Title Act;
| ||||||
19 | (9) the Illinois Professional Land Surveyor Act of | ||||||
20 | 1989;
| ||||||
21 | (10) the Illinois Landscape Architecture Act of 1989;
| ||||||
22 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
23 | (12) the Private Employment Agency Act;
| ||||||
24 | (13) the Professional Counselor and Clinical | ||||||
25 | Professional Counselor
Licensing and Practice
Act;
| ||||||
26 | (14) the Real Estate License Act of 2000;
|
| |||||||
| |||||||
1 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
2 | (16) the Professional Engineering Practice Act of | ||||||
3 | 1989; | ||||||
4 | (17) the Water Well and Pump Installation Contractor's | ||||||
5 | License Act; | ||||||
6 | (18) the Electrologist Licensing Act;
| ||||||
7 | (19) the Auction License Act; | ||||||
8 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
9 | (21) the Dietitian Nutritionist Practice Act; | ||||||
10 | (22) the Environmental Health Practitioner Licensing | ||||||
11 | Act; | ||||||
12 | (23) the Funeral Directors and Embalmers Licensing | ||||||
13 | Code; | ||||||
14 | (24) (blank); | ||||||
15 | (25) the Professional Geologist Licensing Act; | ||||||
16 | (26) the Illinois Public Accounting Act; and | ||||||
17 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
18 | (Source: P.A. 100-534, eff. 9-22-17.)
| ||||||
19 | (730 ILCS 5/Ch. V Art. 5.5 heading) | ||||||
20 | ARTICLE 5.5. DISCRETIONARY RELIEF FROM FORFEITURES
| ||||||
21 | AND COLLATERAL CONSEQUENCE DISABILITIES AUTOMATICALLY IMPOSED | ||||||
22 | BY LAW
| ||||||
23 | (730 ILCS 5/5-5.5-5)
| ||||||
24 | Sec. 5-5.5-5. Definition. In this Article : |
| |||||||
| |||||||
1 | "Collateral consequence" means a penalty, disability, | ||||||
2 | barrier, or disadvantage that is related to employment, | ||||||
3 | occupational licensing, or housing, however denominated, as a | ||||||
4 | result of a parolee or releasee's conviction of, or plea of | ||||||
5 | guilty, to an offense and that applies by operation of law in | ||||||
6 | this State whether or not the penalty, disability, barrier, or | ||||||
7 | disadvantage is included in the sentence or judgment imposed. | ||||||
8 | "Collateral consequence" does not include imprisonment, | ||||||
9 | periodic imprisonment, probation, conditional discharge, | ||||||
10 | parole, mandatory supervised release, forfeiture, restitution, | ||||||
11 | fine, assessment, or costs of prosecution. | ||||||
12 | "Department" means the Department of Corrections for | ||||||
13 | individuals incarcerated in a facility of the Department or the | ||||||
14 | county sheriff for individuals incarcerated in a county jail or | ||||||
15 | in a facility of the Cook County Department of Corrections. | ||||||
16 | "Eligible , "eligible offender" means a person who has been
| ||||||
17 | convicted of a crime in this State or of an offense in any | ||||||
18 | other jurisdiction that does not include any offense or | ||||||
19 | attempted offense that would subject a person to registration | ||||||
20 | under the Sex Offender Registration Act, the Arsonist | ||||||
21 | Registration Act, or the Murderer and Violent Offender Against | ||||||
22 | Youth Registration Act. "Eligible offender" does not include a | ||||||
23 | person who has been convicted of arson, aggravated arson, | ||||||
24 | kidnapping, aggravated kidnaping, aggravated driving under the | ||||||
25 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
26 | compound or compounds, or any combination thereof, or |
| |||||||
| |||||||
1 | aggravated domestic battery.
| ||||||
2 | (Source: P.A. 99-381, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
3 | (730 ILCS 5/5-5.5-21 new) | ||||||
4 | Sec. 5-5.5-21. Certificate of qualification for | ||||||
5 | employment. | ||||||
6 | (a) Upon release from a correctional institution, the | ||||||
7 | Department shall issue to that individual documents relating to | ||||||
8 | the following: | ||||||
9 | (1) records of criminal convictions; | ||||||
10 | (2) records of arrest; and | ||||||
11 | (3) records of institutional history, including each | ||||||
12 | of the following: | ||||||
13 | (A) any record of institutional misconduct; | ||||||
14 | (B) whether the prisoner successfully completed | ||||||
15 | programming provided by the correctional institution | ||||||
16 | or a individual or entity under contract with the | ||||||
17 | correctional institution; | ||||||
18 | (C) whether the prisoner obtained a general | ||||||
19 | education certificate (GED) or other educational | ||||||
20 | degree; and | ||||||
21 | (D) other information considered relevant by the | ||||||
22 | correctional institution from which the prisoner is | ||||||
23 | being released. | ||||||
24 | (b) In addition to the documents provided under subsection | ||||||
25 | (a) of this Section, the correctional facility shall issue a |
| |||||||
| |||||||
1 | certificate of qualification for employment to the individual | ||||||
2 | being released if each of the following apply: | ||||||
3 | (1) the prisoner successfully completed a career and | ||||||
4 | technical education course; | ||||||
5 | (2) the prisoner received no major misconducts during | ||||||
6 | the 2 years immediately preceding his or her release; | ||||||
7 | (3) the prisoner received no more than 3 minor | ||||||
8 | misconducts during the 2 years immediately preceding his or | ||||||
9 | her release; and | ||||||
10 | (4) the prisoner received a silver level or better on | ||||||
11 | his or her national work readiness certificate, or a | ||||||
12 | similar score, as determined by the Department, on an | ||||||
13 | alternative job skills assessment test administered by the | ||||||
14 | Department. | ||||||
15 | (c) A certificate of qualification for employment shall | ||||||
16 | only be issued within 30 days before the prisoner is released | ||||||
17 | from a correctional facility, and the certificate is valid for | ||||||
18 | 4 years after the date it is effective unless otherwise revoked | ||||||
19 | by the Department. A certificate of qualification for | ||||||
20 | employment is effective upon issuance for individuals | ||||||
21 | incarcerated in a Department of Corrections facility and is | ||||||
22 | effective 60 days after issuance for individuals incarcerated | ||||||
23 | in a county jail or incarcerated in a facility of the Cook | ||||||
24 | County Department of Corrections. | ||||||
25 | (d) The Department shall revoke the certificate of | ||||||
26 | qualification for employment if the prisoner commits any |
| |||||||
| |||||||
1 | criminal offense during the 30-day period before release, and | ||||||
2 | the Department may revoke the certificate of qualification for | ||||||
3 | employment if the prisoner has any institutional misconduct | ||||||
4 | during that period. | ||||||
5 | (e) The Department shall revoke the certificate of | ||||||
6 | qualification for employment of any prisoner who commits a | ||||||
7 | felony after receiving a certificate of qualification for | ||||||
8 | employment under this Section and who is then placed under the | ||||||
9 | jurisdiction of the Department for committing that felony | ||||||
10 | offense. | ||||||
11 | (f) The revocation of a certificate of qualification for | ||||||
12 | employment is effective upon receipt of written notification of | ||||||
13 | the revocation. | ||||||
14 | (g) Upon request, the Department shall confirm whether a | ||||||
15 | certificate of qualification for employment has been issued to | ||||||
16 | a named individual, and whether the issued certificate is valid | ||||||
17 | at the time of the inquiry and the time of the response to the | ||||||
18 | inquiry. Revocation of a certificate of qualification for | ||||||
19 | employment does not affect the right of an employer to rely on | ||||||
20 | the validity of the certificate unless the employer knew or | ||||||
21 | should have known before the certificate holder was employed | ||||||
22 | that the certificate of qualification for employment was | ||||||
23 | fraudulent. | ||||||
24 | (h)
If the Department, upon review, denies a petition for | ||||||
25 | certificate of qualification for employment the Department | ||||||
26 | shall provide written notice to the petitioner of the denial. |
| |||||||
| |||||||
1 | The denial of a petition by the Department is a final | ||||||
2 | administrative decision of the Department and is subject to | ||||||
3 | judicial review under the
provisions of the Administrative | ||||||
4 | Review Law. The term "administrative decision" is
defined as in | ||||||
5 | Section 3-101 of the Code of Civil Procedure. | ||||||
6 | (i) In a judicial or administrative proceeding alleging | ||||||
7 | negligence or other fault, a certificate of qualification for | ||||||
8 | employment issued under this Section may be introduced as | ||||||
9 | evidence of a person's due care in hiring, retaining, | ||||||
10 | licensing, leasing to, admitting to a school or program, or | ||||||
11 | otherwise transacting business or engaging in activity with the | ||||||
12 | holder of a certificate of qualification for employment if the | ||||||
13 | person demonstrates and documents that he or she knew of the | ||||||
14 | certificate at the time of the alleged negligence or other | ||||||
15 | fault.
An employer is not civilly or criminally liable for an | ||||||
16 | act or omission by an employee who has been issued a | ||||||
17 | certificate of qualification for employment, except for a | ||||||
18 | willful or wanton act by the employer in hiring the employee | ||||||
19 | who has been issued a certificate of qualification for | ||||||
20 | employment under this Section.
| ||||||
21 | (730 ILCS 5/5-5.5-25)
| ||||||
22 | Sec. 5-5.5-25. Certificate of relief from collateral | ||||||
23 | consequence good conduct .
| ||||||
24 | (a) A certificate of relief from collateral consequence | ||||||
25 | good conduct may be granted as provided in this Section to |
| |||||||
| |||||||
1 | relieve an eligible offender of any employment , licensing, or | ||||||
2 | housing bar. The certificate may be limited to one or more | ||||||
3 | collateral consequence disabilities or bars or may relieve the | ||||||
4 | individual of all collateral consequence disabilities and | ||||||
5 | bars. | ||||||
6 | Notwithstanding any other provision of law, a certificate | ||||||
7 | of good conduct does not relieve an offender of any | ||||||
8 | employment-related disability imposed by law by reason of his | ||||||
9 | or her conviction of a crime that would prevent his or her | ||||||
10 | employment by the Department of Corrections, Department of | ||||||
11 | Juvenile Justice, or any other law enforcement agency in the | ||||||
12 | State.
| ||||||
13 | (a-6)
A certificate of relief from collateral consequence | ||||||
14 | good conduct may be granted as provided in this
Section to an | ||||||
15 | eligible offender as defined in Section 5-5.5-5 of this Code
| ||||||
16 | who has demonstrated by a preponderance of the clear and | ||||||
17 | convincing evidence that he or she has been a law-abiding | ||||||
18 | citizen and is fully
rehabilitated.
| ||||||
19 | (b)(i) A certificate of relief from collateral consequence | ||||||
20 | good conduct may not, however, in any
way prevent any judicial | ||||||
21 | proceeding, administrative, licensing, or other body,
board, | ||||||
22 | or authority from considering the conviction specified
in the | ||||||
23 | certificate.
| ||||||
24 | (ii) A certificate of relief from collateral consequence | ||||||
25 | good conduct shall not limit or prevent the
introduction of | ||||||
26 | evidence of a prior conviction for purposes of impeachment of
a |
| |||||||
| |||||||
1 | witness in a judicial or other proceeding where otherwise | ||||||
2 | authorized by the
applicable rules of evidence.
| ||||||
3 | (iii) A certificate of relief from collateral consequence | ||||||
4 | good conduct does not limit the employer from accessing | ||||||
5 | criminal background information; nor does it hide, alter, or | ||||||
6 | expunge the record. | ||||||
7 | (c) An employer is not civilly or criminally liable for an | ||||||
8 | act or omission by an employee who has been issued a | ||||||
9 | certificate of relief from collateral consequence good | ||||||
10 | conduct , except for a willful or wanton act by the employer in | ||||||
11 | hiring the employee who has been issued a certificate of relief | ||||||
12 | from collateral consequence good conduct . | ||||||
13 | (Source: P.A. 96-852, eff. 1-1-10.)
| ||||||
14 | (730 ILCS 5/5-5.5-30)
| ||||||
15 | Sec. 5-5.5-30. Issuance of certificate of relief from | ||||||
16 | collateral consequence good conduct .
| ||||||
17 | (a) Any circuit court of this State may issue a certificate | ||||||
18 | of relief from collateral consequence described in Section | ||||||
19 | 5-5.5-25 of this Article to an eligible offender. The | ||||||
20 | certificate may be issued (i) at the time sentenced is | ||||||
21 | pronounced, in which case it may grant relief from collateral | ||||||
22 | consequence or (ii) at any time thereafter upon verified | ||||||
23 | application to the court. After a rehabilitation review has | ||||||
24 | been held, in a manner designated by the chief judge of the | ||||||
25 | judicial circuit in which the conviction was entered or in |
| |||||||
| |||||||
1 | which the petitioner resides , the Circuit Court of that | ||||||
2 | judicial circuit
shall have the power to issue a certificate of | ||||||
3 | relief from collateral consequence good
conduct to any eligible | ||||||
4 | offender previously convicted of a crime in this State,
and | ||||||
5 | shall make a specific finding of rehabilitation with the force | ||||||
6 | and effect of a final judgment on the merits, when
the Court is | ||||||
7 | satisfied that:
| ||||||
8 | (1) (blank); the applicant has conducted himself or | ||||||
9 | herself in a manner
warranting the issuance for a minimum | ||||||
10 | period in accordance with the
provisions of subsection (c) | ||||||
11 | of this Section;
| ||||||
12 | (2) the relief to be granted by the certificate is | ||||||
13 | consistent with the
rehabilitation of the applicant; and
| ||||||
14 | (3) the relief to be granted is consistent with the | ||||||
15 | public interest.
| ||||||
16 | (b) The Circuit Court shall have the power to issue a | ||||||
17 | certificate of relief from collateral consequence good
conduct | ||||||
18 | to any person previously convicted of a crime in any other
| ||||||
19 | jurisdiction, when the Court is satisfied that: | ||||||
20 | (1) the applicant has demonstrated that there exist | ||||||
21 | specific facts and circumstances and specific sections of | ||||||
22 | Illinois State law that have an adverse impact on the | ||||||
23 | applicant and warrant the application for relief to be made | ||||||
24 | in Illinois; and
| ||||||
25 | (2) the provisions of paragraphs (1), (2) , and (3) of | ||||||
26 | subsection (a) of
this Section have been met.
|
| |||||||
| |||||||
1 | (c) The minimum period of good conduct by the individual | ||||||
2 | referred to
in paragraph (1) of subsection (a) of this Section, | ||||||
3 | shall be as follows:
if the most serious crime of which the | ||||||
4 | individual was convicted is a
misdemeanor, the minimum period | ||||||
5 | of good conduct shall be one year; if
the most serious crime of | ||||||
6 | which the individual was convicted is a felony, the minimum | ||||||
7 | period of good conduct shall be 2 years.
Criminal acts | ||||||
8 | committed outside the State
shall be classified as acts | ||||||
9 | committed within the State based on the
maximum sentence that | ||||||
10 | could have been imposed based upon the
conviction under the | ||||||
11 | laws of the foreign jurisdiction. The minimum
period of good | ||||||
12 | conduct by the individual shall be measured either from
the | ||||||
13 | date of the payment of any fine imposed upon him or her, or | ||||||
14 | from the
date of his or her release from custody by parole, | ||||||
15 | mandatory supervised
release or commutation or termination of | ||||||
16 | his or her sentence.
The Circuit Court shall have power and it | ||||||
17 | shall be its duty to investigate all
persons when the | ||||||
18 | application is made and to grant or deny the same
within a | ||||||
19 | reasonable time after the making of the application.
| ||||||
20 | (d) If the Circuit Court has issued a certificate of relief | ||||||
21 | from collateral consequence good
conduct , the Court may at any | ||||||
22 | time issue a new certificate enlarging the
relief previously | ||||||
23 | granted.
| ||||||
24 | (e) Any certificate of relief from collateral consequence | ||||||
25 | good conduct issued by the Court to
an individual who at the | ||||||
26 | time of the issuance of the certificate is under the
conditions |
| |||||||
| |||||||
1 | of parole or mandatory supervised release imposed by the
| ||||||
2 | Prisoner Review Board shall be deemed to be a temporary | ||||||
3 | certificate until the time as the
individual is discharged from | ||||||
4 | the terms of parole or mandatory
supervised release, and, while | ||||||
5 | temporary, the certificate may be
revoked by the Court for | ||||||
6 | violation of the conditions of parole or
mandatory supervised | ||||||
7 | release. Revocation shall be upon
notice to the parolee or | ||||||
8 | releasee, who shall be accorded an opportunity to
explain the | ||||||
9 | violation prior to a decision on the revocation. If the | ||||||
10 | certificate
is not so revoked, it shall become a permanent | ||||||
11 | certificate upon expiration
or termination of the offender's | ||||||
12 | parole or mandatory supervised release term. | ||||||
13 | (f) The Court shall, upon notice to a certificate holder, | ||||||
14 | have the power to revoke a certificate of relief from | ||||||
15 | collateral consequence good conduct upon a subsequent | ||||||
16 | conviction.
| ||||||
17 | (Source: P.A. 99-381, eff. 1-1-16 .)
| ||||||
18 | (730 ILCS 5/5-5.5-35)
| ||||||
19 | Sec. 5-5.5-35. Effect of revocation; use of revoked | ||||||
20 | certificate ; confirmation of certificate revocation .
| ||||||
21 | (a) If a certificate of relief from collateral consequence | ||||||
22 | disabilities is deemed to
be temporary and the certificate is | ||||||
23 | revoked, disabilities and
forfeitures thereby relieved shall | ||||||
24 | be reinstated as of the date
upon which the person to whom the | ||||||
25 | certificate was issued receives
written notice of the |
| |||||||
| |||||||
1 | revocation. Any such person shall upon
receipt of the notice | ||||||
2 | surrender the certificate to the issuing
court.
| ||||||
3 | (b) A person who knowingly uses or attempts to use a | ||||||
4 | revoked
certificate of relief from collateral consequence | ||||||
5 | disabilities in order to obtain or to
exercise any right or | ||||||
6 | privilege that he or she would not be entitled to
obtain or to | ||||||
7 | exercise without a valid certificate is guilty
of a Class A | ||||||
8 | misdemeanor.
| ||||||
9 | (Source: P.A. 96-852, eff. 1-1-10.)
| ||||||
10 | (730 ILCS 5/5-5.5-40)
| ||||||
11 | Sec. 5-5.5-40. Forms and filing.
| ||||||
12 | (a) All applications, certificates, and orders of
| ||||||
13 | revocation necessary for the purposes of this Article shall be | ||||||
14 | upon forms
prescribed by the
Chief Justice of the Supreme Court | ||||||
15 | or his or her designee. The forms
relating to certificates of | ||||||
16 | relief from collateral consequence disabilities and | ||||||
17 | certificates of good conduct shall be distributed by
the | ||||||
18 | Director of the Division of Probation Services.
| ||||||
19 | (b) Any court or board issuing or revoking any certificate | ||||||
20 | under
this Article shall immediately file a copy of the | ||||||
21 | certificate or of the
order of revocation with the Director of | ||||||
22 | State Police.
| ||||||
23 | (Source: P.A. 96-852, eff. 1-1-10.)
| ||||||
24 | (730 ILCS 5/5-5.5-50)
|
| |||||||
| |||||||
1 | Sec. 5-5.5-50. Report. The Department of Professional | ||||||
2 | Regulation
shall report to the General
Assembly by November 30 | ||||||
3 | of each year, for each occupational licensure category,
the | ||||||
4 | number of licensure applicants with felony convictions, the | ||||||
5 | number of
applicants with certificates of relief from | ||||||
6 | collateral consequence disabilities , the number of
licenses | ||||||
7 | awarded
to applicants with felony convictions, the number of | ||||||
8 | licenses awarded to
applicants with certificates of relief from | ||||||
9 | collateral consequence disabilities , the number of
applicants | ||||||
10 | with
felony convictions denied licenses, and the number of | ||||||
11 | applicants with
certificates of relief from collateral | ||||||
12 | consequence disabilities denied licenses.
| ||||||
13 | (Source: P.A. 93-207, eff. 1-1-04.)
| ||||||
14 | (730 ILCS 5/5-5.5-10 rep.) | ||||||
15 | (730 ILCS 5/5-5.5-15 rep.) | ||||||
16 | Section 15. The Unified Code of Corrections is amended by | ||||||
17 | repealing Sections 5-5.5-10 and 5-5.5-15.".
|