Bill Text: IL HB3659 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Unified Code of Corrections. Includes time served in a county jail as part of the minimum of 60 days of the sentence that must be served before the Director of Corrections may award discretionary earned sentence credit.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Engrossed - Dead) 2022-03-09 - Referred to Assignments [HB3659 Detail]

Download: Illinois-2021-HB3659-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3659 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-8 from Ch. 38, par. 1003-3-8
730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1
Amends the Unified Code of Corrections. Provides that a mandatory supervised release term shall not be imposed for a Class 4 felony. Makes conforming changes.
LRB102 15057 KMF 20412 b
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 Sections 3-3-8 and 5-8-1 as follows:
(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
Sec. 3-3-8. Length of parole and mandatory supervised
release; discharge.
(a) The length of parole for a person sentenced under the
law in effect prior to the effective date of this amendatory
Act of 1977 and the length of mandatory supervised release for
those sentenced under the law in effect on and after such
effective date shall be as set out in Section 5-8-1 unless
sooner terminated under paragraph (b) or otherwise provided
under paragraph (b-5) of this Section.
(b) The Prisoner Review Board may enter an order releasing
and discharging one from parole or mandatory supervised
release, and his or her commitment to the Department, when it
determines that he or she is likely to remain at liberty
without committing another offense.
(b-1) Provided that the subject is in compliance with the
terms and conditions of his or her parole or mandatory
supervised release, the Prisoner Review Board may reduce the

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period of a parolee or releasee's parole or mandatory
supervised release by 90 days upon the parolee or releasee
receiving a high school diploma or upon passage of high school
equivalency testing during the period of his or her parole or
mandatory supervised release. This reduction in the period of
a subject's term of parole or mandatory supervised release
shall be available only to subjects who have not previously
earned a high school diploma or who have not previously passed
high school equivalency testing.
(b-2) The Prisoner Review Board may release a low-risk and
need subject person from mandatory supervised release as
determined by an appropriate evidence-based risk and need
assessment.
(b-5) Notwithstanding any provision of law to the
contrary, a mandatory supervised release term shall not be
imposed for a Class 4 felony.
(c) The order of discharge shall become effective upon
entry of the order of the Board. The Board shall notify the
clerk of the committing court of the order. Upon receipt of
such copy, the clerk shall make an entry on the record judgment
that the sentence or commitment has been satisfied pursuant to
the order.
(d) Rights of the person discharged under this Section
shall be restored under Section 5-5-5.
(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3,
eff. 1-1-18.)

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(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, subject to Section 5-4.5-115
of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection
(a)(1)(c) of this Section, that any of the aggravating
factors listed in subsection (b) or (b-5) of Section
9-1 of the Criminal Code of 1961 or the Criminal Code
of 2012 are present, the court may sentence the
defendant, subject to Section 5-4.5-105, to a term of
natural life imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and
(i) has previously been convicted of first

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degree murder under any state or federal law, or
(ii) is found guilty of murdering more than
one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical

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technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging
in activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the

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Emergency Medical Services (EMS) Systems Act.
(d)(i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall
be added to the term of imprisonment imposed by the
court;
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural
life shall be added to the term of imprisonment
imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision
(b)(1)(B) of Section 11-1.20 or paragraph (3) of
subsection (b) of Section 12-13, subdivision (d)(2) of
Section 11-1.30 or paragraph (2) of subsection (d) of
Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
paragraph (1.2) of subsection (b) of Section 12-14.1,
subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
subsection (b) of Section 12-14.1 of the Criminal Code of

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1961 or the Criminal Code of 2012, the sentence shall be a
term of natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8,
the parole or mandatory supervised release term shall be
written as part of the sentencing order and shall be as
follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of
the Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the
94th General Assembly and except for the offenses of
manufacture and dissemination of child pornography under
clauses (a)(1) and (a)(2) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 2 years;

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(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after
the effective date of this amendatory Act of the 94th
General Assembly, or who commit the offense of aggravated
child pornography under Section 11-20.1B, 11-20.3, or
11-20.1 with sentencing under subsection (c-5) of Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012, manufacture of child pornography, or
dissemination of child pornography after January 1, 2009,
the term of mandatory supervised release shall range from
a minimum of 3 years to a maximum of the natural life of
the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;

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101-288, eff. 1-1-20.)