Bill Text: IL HB3421 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that parole or mandatory supervised release shall not be automatically revoked or the person automatically recommitted if the violation of the terms of parole or mandatory supervised release is based upon a new criminal charge that is a misdemeanor.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3421 Detail]

Download: Illinois-2019-HB3421-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3421 Introduced , by Rep. Luis Arroyo SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9
Amends the Unified Code of Corrections. Provides that parole or mandatory supervised release shall not be automatically revoked or the person automatically recommitted if the violation of the terms of parole or mandatory supervised release is based upon a new criminal charge that is a misdemeanor.
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A BILL FOR
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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 3-3-9 as follows:
(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
Sec. 3-3-9. Violations; changes of conditions; preliminary
hearing; revocation of parole or mandatory supervised release;
revocation hearing.
(a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of
parole or mandatory supervised release under Section 3-3-7 of
this Code to govern that term, the Board may:
(1) continue the existing term, with or without
modifying or enlarging the conditions; or
(2) parole or release the person to a half-way house;
or
(3) revoke the parole or mandatory supervised release
and reconfine the person for a term computed in the
following manner:
(i) (A) For those sentenced under the law in effect
prior to this amendatory Act of 1977, the recommitment

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shall be for any portion of the imposed maximum term of
imprisonment or confinement which had not been served
at the time of parole and the parole term, less the
time elapsed between the parole of the person and the
commission of the violation for which parole was
revoked;
(B) Except as set forth in paragraph (C), for those
subject to mandatory supervised release under
paragraph (d) of Section 5-8-1 of this Code, the
recommitment shall be for the total mandatory
supervised release term, less the time elapsed between
the release of the person and the commission of the
violation for which mandatory supervised release is
revoked. The Board may also order that a prisoner serve
up to one year of the sentence imposed by the court
which was not served due to the accumulation of
sentence credit;
(C) For those subject to sex offender supervision
under clause (d)(4) of Section 5-8-1 of this Code, the
reconfinement period for violations of clauses (a)(3)
through (b-1)(15) of Section 3-3-7 shall not exceed 2
years from the date of reconfinement;
(ii) the person shall be given credit against
the term of reimprisonment or reconfinement for
time spent in custody since he or she was paroled
or released which has not been credited against

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another sentence or period of confinement;
(iii) (blank);
(iv) this Section is subject to the release
under supervision and the reparole and rerelease
provisions of Section 3-3-10.
(b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its expiration.
The issuance of a warrant of arrest for an alleged violation of
the conditions of parole or mandatory supervised release shall
toll the running of the term until the final determination of
the charge. When parole or mandatory supervised release is not
revoked that period shall be credited to the term, unless a
community-based sanction is imposed as an alternative to
revocation and reincarceration, including a diversion
established by the Illinois Department of Corrections Parole
Services Unit prior to the holding of a preliminary parole
revocation hearing. Parolees who are diverted to a
community-based sanction shall serve the entire term of parole
or mandatory supervised release, if otherwise appropriate.
(b-5) The Board shall revoke parole or mandatory supervised
release for violation of the conditions prescribed in paragraph
(7.6) of subsection (a) of Section 3-3-7.
(c) A person charged with violating a condition of parole
or mandatory supervised release shall have a preliminary

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hearing before a hearing officer designated by the Board to
determine if there is cause to hold the person for a revocation
hearing. However, no preliminary hearing need be held when
revocation is based upon new criminal charges and a court finds
probable cause on the new criminal charges or when the
revocation is based upon a new criminal conviction and a
certified copy of that conviction is available.
(d) Parole or mandatory supervised release shall not be
revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release charged
against him or her.
(e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members. The
action of a majority of the panel shall be the action of the
Board. A record of the hearing shall be made. At the hearing
the offender shall be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his or her behalf.
(f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with or
without modification or enlargement of the conditions.
(g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such failure
is due to the offender's willful refusal to pay.

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(h) Parole or mandatory supervised release shall not be
automatically revoked or the person automatically recommitted
if the violation of the terms of parole or mandatory supervised
release is based upon a new criminal charge that is a
misdemeanor.
(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
99-628, eff. 1-1-17.)