Bill Amendment: IL HB3378 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CD CORR-PAROLE&MSR VIOLATIONS
Status: 2023-03-27 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3378 Detail]
Download: Illinois-2023-HB3378-House_Amendment_001.html
Bill Title: CD CORR-PAROLE&MSR VIOLATIONS
Status: 2023-03-27 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB3378 Detail]
Download: Illinois-2023-HB3378-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3378
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2 | AMENDMENT NO. ______. Amend House Bill 3378 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 3-3-8 and 3-3-9 as follows:
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6 | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
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7 | Sec. 3-3-8. Length of parole and mandatory supervised
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8 | release; discharge. | ||||||
9 | (a) The length of parole
for a person sentenced under the | ||||||
10 | law in effect prior to
the effective date of this amendatory | ||||||
11 | Act of 1977 and the
length of mandatory supervised release for | ||||||
12 | those sentenced
under the law in effect on and after such | ||||||
13 | effective date
shall be as set out in Section 5-8-1 unless | ||||||
14 | sooner terminated
under paragraph (b) of this Section.
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15 | (a-1) A person who is serving a term of mandatory | ||||||
16 | supervised release shall receive one day of additional |
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1 | supervision credit for each day of his or her supervision | ||||||
2 | term. Each day of supervision credit shall reduce by one day | ||||||
3 | the person's period of mandatory supervised release. | ||||||
4 | (b) The Prisoner Review Board may enter an order
releasing | ||||||
5 | and discharging one from parole or mandatory
supervised | ||||||
6 | release, and his or her commitment to the Department,
when it | ||||||
7 | determines that he or she is likely to remain at liberty
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8 | without committing another offense.
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9 | (b-1) Provided that the subject is in compliance with the | ||||||
10 | terms and conditions of his or her parole or mandatory | ||||||
11 | supervised release, the Prisoner Review Board may reduce the | ||||||
12 | period of a parolee or releasee's parole or mandatory | ||||||
13 | supervised release by 90 days upon the parolee or releasee | ||||||
14 | receiving a high school diploma or upon passage of high school | ||||||
15 | equivalency testing during the period of his or her parole or | ||||||
16 | mandatory supervised release. This reduction in the period of | ||||||
17 | a subject's term of parole or mandatory supervised release | ||||||
18 | shall be available only to subjects who have not previously | ||||||
19 | earned a high school diploma or who have not previously passed | ||||||
20 | high school equivalency testing. | ||||||
21 | (b-2) The Prisoner Review Board may release a low-risk and | ||||||
22 | need subject person from mandatory supervised release as | ||||||
23 | determined by an appropriate evidence-based risk and need | ||||||
24 | assessment. | ||||||
25 | (c) The order of discharge shall become effective upon | ||||||
26 | entry of the
order of the Board. The Board shall notify the |
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1 | clerk of the committing
court of the order. Upon receipt of | ||||||
2 | such copy, the clerk shall make an
entry on the record judgment | ||||||
3 | that the sentence or commitment has been
satisfied pursuant to | ||||||
4 | the order.
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5 | (d) Rights of the person discharged under this
Section | ||||||
6 | shall be restored under Section 5-5-5.
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7 | (Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3, | ||||||
8 | eff. 1-1-18 .)"; and
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9 | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
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10 | Sec. 3-3-9. Violations; changes of conditions; preliminary
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11 | hearing; revocation of parole or mandatory supervised release;
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12 | revocation hearing. | ||||||
13 | (a) If prior to expiration or termination of the term of
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14 | parole or mandatory supervised release, a person violates a
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15 | condition set by the Prisoner Review Board or a condition of | ||||||
16 | parole or
mandatory supervised release under paragraph (1) of | ||||||
17 | subsection (a) of Section 3-3-7 of this Code or for a fourth or | ||||||
18 | subsequent violation of any of paragraphs (2) through (21) of | ||||||
19 | subsection (a) of Section 3-3-7 resulting in revocation of | ||||||
20 | parole or mandatory supervised release, the Board may revoke | ||||||
21 | the parole or mandatory supervised release term and reconfine | ||||||
22 | the person for a term computed in the following manner. Each | ||||||
23 | subsequent violation must have been committed after the | ||||||
24 | completion of the revocation process for the preceding | ||||||
25 | violation. In such cases to govern that
term,
the Board may:
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1 | (1) continue the existing term, with or without | ||||||
2 | modifying or
enlarging the conditions; or
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3 | (1.5) for those released as a result of youthful | ||||||
4 | offender parole as set forth in Section 5-4.5-115 of this | ||||||
5 | Code, order that the inmate be subsequently rereleased to | ||||||
6 | serve a specified mandatory supervised release term not to | ||||||
7 | exceed the full term permitted under the provisions of | ||||||
8 | Section 5-4.5-115 and subsection (d) of Section 5-8-1 of | ||||||
9 | this Code and may modify or enlarge the conditions of the | ||||||
10 | release as the Board deems proper; or | ||||||
11 | (2) parole or release the person to a half-way house; | ||||||
12 | or
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13 | (3) revoke the parole or mandatory supervised release | ||||||
14 | and
reconfine the person for a term computed in the | ||||||
15 | following
manner:
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16 | (i) (A) For those sentenced under the law in | ||||||
17 | effect prior to
this amendatory Act of 1977, the | ||||||
18 | recommitment shall be for any
portion of the imposed | ||||||
19 | maximum term of imprisonment or confinement
which had | ||||||
20 | not been served at the time of parole and the parole
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21 | term, less the time elapsed between the parole of the | ||||||
22 | person and
the commission of the violation for which | ||||||
23 | parole was revoked;
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24 | (B) Except as set forth in paragraphs (C) and (D), | ||||||
25 | for
those subject to mandatory supervised release | ||||||
26 | under
paragraph (d) of Section 5-8-1 of this Code, the |
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1 | recommitment
shall be for the total mandatory | ||||||
2 | supervised release term, less
the time elapsed between | ||||||
3 | the release of the person and the
commission of the | ||||||
4 | violation for which mandatory supervised
release is | ||||||
5 | revoked. The Board may also order that a prisoner
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6 | serve up to one year of the sentence imposed by the | ||||||
7 | court which
was not served due to the accumulation of | ||||||
8 | sentence credit;
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9 | (C) For those subject to sex offender supervision | ||||||
10 | under clause (d)(4) of Section 5-8-1 of this Code, the | ||||||
11 | reconfinement period for violations of clauses (a)(3) | ||||||
12 | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | ||||||
13 | years from the date of reconfinement;
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14 | (D) For those released as a result of youthful | ||||||
15 | offender parole as set forth in Section 5-4.5-115 of | ||||||
16 | this Code, the reconfinement period shall be for the | ||||||
17 | total mandatory supervised release term, less the time | ||||||
18 | elapsed between the release of the person and the | ||||||
19 | commission of the violation for which mandatory | ||||||
20 | supervised release is revoked. The Board may also | ||||||
21 | order that a prisoner serve up to one year of the | ||||||
22 | mandatory supervised release term previously earned. | ||||||
23 | The Board may also order that the inmate be | ||||||
24 | subsequently rereleased to serve a specified mandatory | ||||||
25 | supervised release term not to exceed the full term | ||||||
26 | permitted under the provisions of Section 5-4.5-115 |
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1 | and subsection (d) of Section 5-8-1 of this Code and | ||||||
2 | may modify or enlarge the conditions of the release as | ||||||
3 | the Board deems proper; | ||||||
4 |
(ii) the person shall be given credit against the | ||||||
5 | term of
reimprisonment or reconfinement for time spent | ||||||
6 | in custody
since he or she was paroled or released | ||||||
7 | which has not been credited
against another sentence | ||||||
8 | or period of confinement;
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9 |
(iii) (blank);
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10 |
(iv) this Section is subject to the release under
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11 | supervision and the reparole and rerelease provisions | ||||||
12 | of Section
3-3-10.
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13 | (b) The Board may revoke parole or mandatory supervised
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14 | release for violation of a condition for the duration of the
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15 | term and for any further period which is reasonably necessary
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16 | for the adjudication of matters arising before its expiration.
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17 | The issuance of a warrant of arrest for an alleged violation
of | ||||||
18 | the conditions of parole or mandatory supervised release
shall | ||||||
19 | toll the running of the term until the final determination of | ||||||
20 | the
charge. When
parole or mandatory supervised release is not | ||||||
21 | revoked
that period shall be credited to the term, unless a | ||||||
22 | community-based sanction is imposed as an alternative to | ||||||
23 | revocation and reincarceration, including a diversion | ||||||
24 | established by the Illinois Department of Corrections Parole | ||||||
25 | Services Unit prior to the holding of a preliminary parole | ||||||
26 | revocation hearing. Parolees who are diverted to a |
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1 | community-based sanction shall serve the entire term of parole | ||||||
2 | or mandatory supervised release, if otherwise appropriate.
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3 | (b-5) (Blank). The Board shall revoke parole or mandatory | ||||||
4 | supervised release for violation of the conditions prescribed | ||||||
5 | in paragraph (7.6) of subsection (a) of Section 3-3-7. | ||||||
6 | (c) A person charged with violating a condition of parole | ||||||
7 | or
mandatory supervised release shall have a preliminary | ||||||
8 | hearing
before a hearing officer designated by the Board to | ||||||
9 | determine
if there is cause to hold the person for a revocation | ||||||
10 | hearing.
However, no preliminary hearing need be held when | ||||||
11 | revocation is based
upon new criminal charges and a court | ||||||
12 | finds probable cause on the new
criminal charges or when the | ||||||
13 | revocation
is based upon a new criminal conviction and a | ||||||
14 | certified copy of
that conviction is available.
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15 | (d) Parole or mandatory supervised release shall not be
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16 | revoked without written notice to the offender setting forth
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17 | the violation of parole or mandatory supervised release | ||||||
18 | charged
against him or her.
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19 | (e) A hearing on revocation shall be conducted before at
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20 | least one member of the Prisoner Review Board. The Board may
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21 | meet and order its actions in panels of 3 or more members.
The | ||||||
22 | action of a majority of the panel shall be the action of
the | ||||||
23 | Board. A record
of the hearing shall be made. At the hearing | ||||||
24 | the offender shall
be permitted to:
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25 | (1) appear and answer the charge; and
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26 | (2) bring witnesses on his or her behalf.
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1 | (f) The Board shall either revoke parole or mandatory
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2 | supervised release or order the person's term continued with
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3 | or without modification or enlargement of the conditions.
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4 | (g) Parole or mandatory supervised release shall not be
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5 | revoked for failure to make payments under the conditions of
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6 | parole or release unless the Board determines that such | ||||||
7 | failure is
due to the offender's willful refusal to pay.
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8 | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)".
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