Bill Text: IL HB3214 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary any provision of the Code, post-conviction hearing provisions under the Code of Criminal Procedure of 1963, habeas corpus hearing provisions under the Code of Civil Procedure, or the relief from judgment provisions of the Code of Civil Procedure, a person serving a term of imprisonment in a Department of Corrections facility is eligible for parole and a parole hearing if he or she has served the greater of: (1) a term of imprisonment of at least 20 years; (2) 25% of his or her sentence; or (3) the minimum term of imprisonment for the most serious offense for which the person was convicted. Provides that a person serving a term of natural life imprisonment shall be eligible for parole and a parole hearing after at least 20 years imprisonment. Provides that a person seeking early release under this provision may petition the Prisoner Review Board in the same manner as a person eligible for parole under the Code and the parole hearing shall be conducted as otherwise provided in the Parole Article of the Code and the Open Parole Hearings Act unless otherwise provided in this provision. Provides for offenses excluded from this provision. Provides that nothing in the amendatory Act guarantees parole. Provides that it only guarantees the opportunity of the committed person to present evidence at his or her parole hearing to demonstrate the committed person's rehabilitation before the Prisoner Review Board and to seek parole.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3214 Detail]

Download: Illinois-2019-HB3214-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3214 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
730 ILCS 5/3-3-3.1 new
Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary any provision of the Code, post-conviction hearing provisions under the Code of Criminal Procedure of 1963, habeas corpus hearing provisions under the Code of Civil Procedure, or the relief from judgment provisions of the Code of Civil Procedure, a person serving a term of imprisonment in a Department of Corrections facility is eligible for parole and a parole hearing if he or she has served the greater of: (1) a term of imprisonment of at least 20 years; (2) 25% of his or her sentence; or (3) the minimum term of imprisonment for the most serious offense for which the person was convicted. Provides that a person serving a term of natural life imprisonment shall be eligible for parole and a parole hearing after at least 20 years imprisonment. Provides that a person seeking early release under this provision may petition the Prisoner Review Board in the same manner as a person eligible for parole under the Code and the parole hearing shall be conducted as otherwise provided in the Parole Article of the Code and the Open Parole Hearings Act unless otherwise provided in this provision. Provides for offenses excluded from this provision. Provides that nothing in the amendatory Act guarantees parole. Provides that it only guarantees the opportunity of the committed person to present evidence at his or her parole hearing to demonstrate the committed person's rehabilitation before the Prisoner Review Board and to seek parole.
LRB101 04566 RLC 49574 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3214 LRB101 04566 RLC 49574 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Section 3-3-3 and by adding Section 3-3-3.1 as
follows:
(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
Sec. 3-3-3. Eligibility for parole or release.
(a) Except as otherwise provided in Section 3-3-3.1 and
except Except for those offenders who accept the fixed release
date established by the Prisoner Review Board under Section
3-3-2.1, every person serving a term of imprisonment under the
law in effect prior to the effective date of this amendatory
Act of 1977 shall be eligible for parole when he or she has
served:
(1) the minimum term of an indeterminate sentence less
time credit for good behavior, or 20 years less time credit
for good behavior, whichever is less; or
(2) 20 years of a life sentence less time credit for
good behavior; or
(3) 20 years or one-third of a determinate sentence,
whichever is less, less time credit for good behavior.
(b) Except as otherwise provided in Section 3-3-3.1, no No

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person sentenced under this amendatory Act of 1977 or who
accepts a release date under Section 3-3-2.1 shall be eligible
for parole.
(c) Except as otherwise provided in Section 3-3-3.1 and
except Except for those sentenced to a term of natural life
imprisonment, every person sentenced to imprisonment under
this amendatory Act of 1977 or given a release date under
Section 3-3-2.1 of this Act shall serve the full term of a
determinate sentence less time credit for good behavior and
shall then be released under the mandatory supervised release
provisions of paragraph (d) of Section 5-8-1 of this Code.
(d) Except as otherwise provided in Section 3-3-3.1, no No
person serving a term of natural life imprisonment may be
paroled or released except through executive clemency.
(e) Every person committed to the Department of Juvenile
Justice under the Juvenile Court Act of 1987 and confined in
the State correctional institutions or facilities if such
juvenile has not been tried as an adult shall be eligible for
aftercare release under Section 3-2.5-85 of this Code. However,
if a juvenile has been tried as an adult he or she shall only be
eligible for parole or mandatory supervised release as an adult
under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-3-3.1 new)
Sec. 3-3-3.1. Parole; parole hearings; sentences of 20

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years or longer; life imprisonment; early release.
(a) Notwithstanding to the contrary any provision of this
Code, Article 122 of the Code of Criminal Procedure of 1963,
Article X of the Code of Civil Procedure, or Section 2-1401 of
the Code of Civil Procedure, a person serving a term of
imprisonment in a Department of Corrections institution or
facility is eligible for parole and a parole hearing under this
Article if he or she has served the greater of: (1) a term of
imprisonment of at least 20 years; (2) 25% of his or her
sentence; or (3) the minimum term of imprisonment for the most
serious offense for which the person was convicted. A person
serving a term of natural life imprisonment is eligible for
parole and a parole hearing under this Article after serving a
term of imprisonment of at least 20 years. A person seeking
early release under this Section may petition the Prisoner
Review Board in the same manner as a person eligible for parole
under Section 3-3-2.1 of this Code and the parole hearing shall
be conducted as otherwise provided in this Article and the Open
Parole Hearings Act unless otherwise provided in this Section.
(b) A person is ineligible for parole and a parole hearing
under this Section if he or she was convicted of:
(1) the first degree murder of 2 or more individuals
under Section 9-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 as a principal and not for the
inchoate offense regardless of whether the deaths occurred
as the result of the same act or of several related or

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unrelated acts so long as the deaths were the result of
either an intent to kill more than one person or of
separate acts which the person convicted of first degree
murder knew would cause death or create a strong
probability of death or great bodily harm to the murdered
individual or another;
(2) criminal sexual assault, aggravated criminal
sexual assault, predatory criminal sexual assault of a
child, felony criminal sexual abuse, or aggravated
criminal sexual abuse; or
(3) any law of the United States, former law of this
State, or any state or territory of the United States or
foreign country that is substantially similar to an offense
described in paragraph (1) or (2) of this subsection (b).
(c) Veterans, as defined in Section 10 of the Veterans and
Servicemembers Court Treatment Act, who have been honorably
discharged are eligible for additional good time credit as
determined by the Prisoner Review Board.
(d) A risk assessment instrument shall be used to evaluate
every committed person described in this Section at the time of
his or her admittance to an institution or facility of the
Department for the offense or offenses that resulted in the
person's sentence in order to determine the risk factors and
identify goals or behavior that the committed person needs to
achieve or change in order to be released.
(e) Each committed person eligible for parole under this

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Section on the effective date of this amendatory Act of the
101st General Assembly shall receive a risk assessment within
one year after the effective date of this amendatory Act of the
101st General Assembly.
(f) Victims have the right to be present and involved in
the initial outlining of the goals for a committed person
described in this Section. Victims may have input into the
goals that must be achieved by a committed person before the
committed person may be released. The risk assessment
instrument shall be the primary factor for determining what
goals a committed person must accomplish before being released.
Each interested party may have meaningful input before the
determination of the petitioner's final goals.
(g) On the effective date of this amendatory Act of the
101st General Assembly, prior evidence of the petitioner's
participation in rehabilitative programs shall be added to the
petitioner's master record file under Section 3-5-1 and shall
be considered at the petitioner's parole hearing.
(h) The source code of any risk assessment instrument under
subsection (d) shall be made available to a panel composed of
representatives from the Illinois Criminal Justice Information
Authority and the Illinois Sentencing Policy Advisory Council
for periodic review for racial, religious, ethnic, gender,
sexual orientation, and socio-economic biases.
(i) The Department has a duty to provide rehabilitative
programming for each committed person described in this

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Section.
(j) A committed person described in this Section may not be
barred from rehabilitative programming because his or her
anticipated release is not in the near future.
(k) A committed person described in this Section during any
period of his or her imprisonment in a Department institution
or facility has the right to engage in rehabilitative
programming after meeting with a counselor and developing an
individualized plan of rehabilitation which shall be made
available to the Prisoner Review Board prior to the parole
hearing.
(l) On the effective date of this amendatory Act of the
101st General Assembly, each correctional facility shall
comprehensively evaluate how well it facilitates relationships
between committed persons in its custody and their family
members. This includes, but is not limited to: visiting hours
and procedures, phone call protocol and costs, letter writing,
and other factors deemed relevant by the Director of
Corrections.
(m) Every committed person described in this Section shall
have the right to legal representation at his or her parole
hearing. If the committed person cannot afford legal counsel,
free legal service representatives may be utilized.
(n) Every committed person described in this Section may
attend and testify at his or her parole hearing.
(o) Nothing in this amendatory Act of the 101st General

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Assembly guarantees parole. It only guarantees the opportunity
of the committed person to present evidence at his or her
parole hearing to demonstrate the committed person's
rehabilitation before the Prisoner Review Board and to seek
parole.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.