Bill Text: IL SB1050 | 2009-2010 | 96th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the supervision of persons on parole or mandatory supervised release.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2009-12-23 - Public Act . . . . . . . . . 96-0852 [SB1050 Detail]
Download: Illinois-2009-SB1050-Enrolled.html
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the supervision of persons on parole or mandatory supervised release.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2009-12-23 - Public Act . . . . . . . . . 96-0852 [SB1050 Detail]
Download: Illinois-2009-SB1050-Enrolled.html
|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Department of Professional Regulation Law of | ||||||
5 | the
Civil Administrative Code of Illinois is amended by | ||||||
6 | changing Section 2105-15 as follows:
| ||||||
7 | (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
| ||||||
8 | Sec. 2105-15. General powers and duties.
| ||||||
9 | (a) The Department has, subject to the provisions of the | ||||||
10 | Civil
Administrative Code of Illinois, the following powers and | ||||||
11 | duties:
| ||||||
12 | (1) To authorize examinations in English to ascertain | ||||||
13 | the qualifications
and fitness of applicants to exercise | ||||||
14 | the profession, trade, or occupation for
which the | ||||||
15 | examination is held.
| ||||||
16 | (2) To prescribe rules and regulations for a fair and | ||||||
17 | wholly
impartial method of examination of candidates to | ||||||
18 | exercise the respective
professions, trades, or | ||||||
19 | occupations.
| ||||||
20 | (3) To pass upon the qualifications of applicants for | ||||||
21 | licenses,
certificates, and authorities, whether by | ||||||
22 | examination, by reciprocity, or by
endorsement.
| ||||||
23 | (4) To prescribe rules and regulations defining, for |
| |||||||
| |||||||
1 | the
respective
professions, trades, and occupations, what | ||||||
2 | shall constitute a school,
college, or university, or | ||||||
3 | department of a university, or other
institution, | ||||||
4 | reputable and in good standing, and to determine the
| ||||||
5 | reputability and good standing of a school, college, or | ||||||
6 | university, or
department of a university, or other | ||||||
7 | institution, reputable and in good
standing, by reference | ||||||
8 | to a compliance with those rules and regulations;
provided, | ||||||
9 | that no school, college, or university, or department of a
| ||||||
10 | university, or other institution that refuses admittance | ||||||
11 | to applicants
solely on account of race, color, creed, sex, | ||||||
12 | or national origin shall be
considered reputable and in | ||||||
13 | good standing.
| ||||||
14 | (5) To conduct hearings on proceedings to revoke, | ||||||
15 | suspend, refuse to
renew, place on probationary status, or | ||||||
16 | take other disciplinary action
as authorized in any | ||||||
17 | licensing Act administered by the Department
with regard to | ||||||
18 | licenses, certificates, or authorities of persons
| ||||||
19 | exercising the respective professions, trades, or | ||||||
20 | occupations and to
revoke, suspend, refuse to renew, place | ||||||
21 | on probationary status, or take
other disciplinary action | ||||||
22 | as authorized in any licensing Act
administered by the | ||||||
23 | Department with regard to those licenses,
certificates, or | ||||||
24 | authorities. The Department shall issue a monthly
| ||||||
25 | disciplinary report. The Department shall deny any license | ||||||
26 | or
renewal authorized by the Civil Administrative Code of |
| |||||||
| |||||||
1 | Illinois to any person
who has defaulted on an
educational | ||||||
2 | loan or scholarship provided by or guaranteed by the | ||||||
3 | Illinois
Student Assistance Commission or any governmental | ||||||
4 | agency of this State;
however, the Department may issue a | ||||||
5 | license or renewal if the
aforementioned persons have | ||||||
6 | established a satisfactory repayment record as
determined | ||||||
7 | by the Illinois Student Assistance Commission or other | ||||||
8 | appropriate
governmental agency of this State. | ||||||
9 | Additionally, beginning June 1, 1996,
any license issued by | ||||||
10 | the Department may be suspended or revoked if the
| ||||||
11 | Department, after the opportunity for a hearing under the | ||||||
12 | appropriate licensing
Act, finds that the licensee has | ||||||
13 | failed to make satisfactory repayment to the
Illinois | ||||||
14 | Student Assistance Commission for a delinquent or | ||||||
15 | defaulted loan.
For the purposes of this Section, | ||||||
16 | "satisfactory repayment record" shall be
defined by rule. | ||||||
17 | The Department shall refuse to issue or renew a license to,
| ||||||
18 | or shall suspend or revoke a license of, any person who, | ||||||
19 | after receiving
notice, fails to comply with a subpoena or | ||||||
20 | warrant relating to a paternity or
child support | ||||||
21 | proceeding. However, the Department may issue a license or
| ||||||
22 | renewal upon compliance with the subpoena or warrant.
| ||||||
23 | The Department, without further process or hearings, | ||||||
24 | shall revoke, suspend,
or deny any license or renewal | ||||||
25 | authorized by the Civil Administrative Code of
Illinois to | ||||||
26 | a person who is certified by the Department of Healthcare |
| |||||||
| |||||||
1 | and Family Services (formerly Illinois Department of | ||||||
2 | Public Aid)
as being more than 30 days delinquent in | ||||||
3 | complying with a child support order
or who is certified by | ||||||
4 | a court as being in violation of the Non-Support
Punishment | ||||||
5 | Act for more than 60 days. The Department may, however, | ||||||
6 | issue a
license or renewal if the person has established a | ||||||
7 | satisfactory repayment
record as determined by the | ||||||
8 | Department of Healthcare and Family Services (formerly
| ||||||
9 | Illinois Department of Public Aid) or if the person
is | ||||||
10 | determined by the court to be in compliance with the | ||||||
11 | Non-Support Punishment
Act. The Department may implement | ||||||
12 | this paragraph as added by Public Act 89-6
through the use | ||||||
13 | of emergency rules in accordance with Section 5-45 of the
| ||||||
14 | Illinois Administrative Procedure Act. For purposes of the | ||||||
15 | Illinois
Administrative Procedure Act, the adoption of | ||||||
16 | rules to implement this
paragraph shall be considered an | ||||||
17 | emergency and necessary for the public
interest, safety, | ||||||
18 | and welfare.
| ||||||
19 | (6) To transfer jurisdiction of any realty under the | ||||||
20 | control of the
Department to any other department of the | ||||||
21 | State Government or to acquire
or accept federal lands when | ||||||
22 | the transfer, acquisition, or acceptance is
advantageous | ||||||
23 | to the State and is approved in writing by the Governor.
| ||||||
24 | (7) To formulate rules and regulations necessary for | ||||||
25 | the enforcement of
any Act administered by the Department.
| ||||||
26 | (8) To exchange with the Department of Healthcare and |
| |||||||
| |||||||
1 | Family Services information
that may be necessary for the | ||||||
2 | enforcement of child support orders entered
pursuant to the | ||||||
3 | Illinois Public Aid Code, the Illinois Marriage and | ||||||
4 | Dissolution
of Marriage Act, the Non-Support of Spouse and | ||||||
5 | Children Act, the Non-Support
Punishment Act, the Revised | ||||||
6 | Uniform Reciprocal Enforcement of Support Act, the
Uniform | ||||||
7 | Interstate Family Support Act, or the Illinois Parentage | ||||||
8 | Act of 1984.
Notwithstanding any provisions in this Code to | ||||||
9 | the contrary, the Department of
Professional Regulation | ||||||
10 | shall not be liable under any federal or State law to
any | ||||||
11 | person for any disclosure of information to the Department | ||||||
12 | of Healthcare and Family Services (formerly Illinois | ||||||
13 | Department of
Public Aid)
under this paragraph (8) or for | ||||||
14 | any other action taken in good faith
to comply with the | ||||||
15 | requirements of this paragraph (8).
| ||||||
16 | (9) To perform other duties prescribed
by law.
| ||||||
17 | (b) The Department may, when a fee is payable to the | ||||||
18 | Department for a wall
certificate of registration provided by | ||||||
19 | the Department of Central Management
Services, require that | ||||||
20 | portion of the payment for printing and distribution
costs be | ||||||
21 | made directly or through the Department to the Department of | ||||||
22 | Central
Management Services for deposit into the Paper and | ||||||
23 | Printing Revolving Fund.
The remainder shall be deposited into | ||||||
24 | the General Revenue Fund.
| ||||||
25 | (c) For the purpose of securing and preparing evidence, and | ||||||
26 | for the purchase
of controlled substances, professional |
| |||||||
| |||||||
1 | services, and equipment necessary for
enforcement activities, | ||||||
2 | recoupment of investigative costs, and other activities
| ||||||
3 | directed at suppressing the misuse and abuse of controlled | ||||||
4 | substances,
including those activities set forth in Sections | ||||||
5 | 504 and 508 of the Illinois
Controlled Substances Act, the | ||||||
6 | Director and agents appointed and authorized by
the Director | ||||||
7 | may expend sums from the Professional Regulation Evidence Fund
| ||||||
8 | that the Director deems necessary from the amounts appropriated | ||||||
9 | for that
purpose. Those sums may be advanced to the agent when | ||||||
10 | the Director deems that
procedure to be in the public interest. | ||||||
11 | Sums for the purchase of controlled
substances, professional | ||||||
12 | services, and equipment necessary for enforcement
activities | ||||||
13 | and other activities as set forth in this Section shall be | ||||||
14 | advanced
to the agent who is to make the purchase from the | ||||||
15 | Professional Regulation
Evidence Fund on vouchers signed by the | ||||||
16 | Director. The Director and those
agents are authorized to | ||||||
17 | maintain one or more commercial checking accounts with
any | ||||||
18 | State banking corporation or corporations organized under or | ||||||
19 | subject to the
Illinois Banking Act for the deposit and | ||||||
20 | withdrawal of moneys to be used for
the purposes set forth in | ||||||
21 | this Section; provided, that no check may be written
nor any | ||||||
22 | withdrawal made from any such account except upon the written
| ||||||
23 | signatures of 2 persons designated by the Director to write | ||||||
24 | those checks and
make those withdrawals. Vouchers for those | ||||||
25 | expenditures must be signed by the
Director. All such | ||||||
26 | expenditures shall be audited by the Director, and the
audit |
| |||||||
| |||||||
1 | shall be submitted to the Department of Central Management | ||||||
2 | Services for
approval.
| ||||||
3 | (d) Whenever the Department is authorized or required by | ||||||
4 | law to consider
some aspect of criminal history record | ||||||
5 | information for the purpose of carrying
out its statutory | ||||||
6 | powers and responsibilities, then, upon request and payment
of | ||||||
7 | fees in conformance with the requirements of Section 2605-400 | ||||||
8 | of the
Department of State Police Law (20 ILCS 2605/2605-400), | ||||||
9 | the Department of State
Police is authorized to furnish, | ||||||
10 | pursuant to positive identification, the
information contained | ||||||
11 | in State files that is necessary to fulfill the request.
| ||||||
12 | (e) The provisions of this Section do not apply to private | ||||||
13 | business and
vocational schools as defined by Section 1 of the | ||||||
14 | Private Business and
Vocational Schools Act.
| ||||||
15 | (f) Beginning July 1, 1995, this Section does not apply to | ||||||
16 | those
professions, trades, and occupations licensed under the | ||||||
17 | Real Estate License
Act of 2000, nor does it apply to any | ||||||
18 | permits, certificates, or other
authorizations to do business | ||||||
19 | provided for in the Land Sales Registration Act
of 1989 or the | ||||||
20 | Illinois Real Estate Time-Share Act.
| ||||||
21 | (g) Notwithstanding anything that may appear in any | ||||||
22 | individual licensing statute or administrative rule, the | ||||||
23 | Department shall deny any license application or renewal | ||||||
24 | authorized under any licensing Act administered by the | ||||||
25 | Department to any person who has failed to file a return, or to | ||||||
26 | pay the tax, penalty, or interest shown in a filed return, or |
| |||||||
| |||||||
1 | to pay any final assessment of tax, penalty, or interest, as | ||||||
2 | required by any tax Act administered by the Illinois Department | ||||||
3 | of Revenue, until such time as the requirement of any such tax | ||||||
4 | Act are satisfied; however, the Department may issue a license | ||||||
5 | or renewal if the person has established a satisfactory | ||||||
6 | repayment record as determined by the Illinois Department of | ||||||
7 | Revenue. For the purpose of this Section, "satisfactory | ||||||
8 | repayment record" shall be defined by rule.
| ||||||
9 | In addition, a complaint filed with the Department by the | ||||||
10 | Illinois Department of Revenue that includes a certification, | ||||||
11 | signed by its Director or designee, attesting to the amount of | ||||||
12 | the unpaid tax liability or the years for which a return was | ||||||
13 | not filed, or both, is prima facia evidence of the licensee's | ||||||
14 | failure to comply with the tax laws administered by the | ||||||
15 | Illinois Department of Revenue. Upon receipt of that | ||||||
16 | certification, the Department shall, without a hearing, | ||||||
17 | immediately suspend all licenses held by the licensee. | ||||||
18 | Enforcement of the Department's order shall be stayed for 60 | ||||||
19 | days. The Department shall provide notice of the suspension to | ||||||
20 | the licensee by mailing a copy of the Department's order by | ||||||
21 | certified and regular mail to the licensee's last known address | ||||||
22 | as registered with the Department. The notice shall advise the | ||||||
23 | licensee that the suspension shall be effective 60 days after | ||||||
24 | the issuance of the Department's order unless the Department | ||||||
25 | receives, from the licensee, a request for a hearing before the | ||||||
26 | Department to dispute the matters contained in the order.
|
| |||||||
| |||||||
1 | Any suspension imposed under this subsection (g) shall be | ||||||
2 | terminated by the Department upon notification from the | ||||||
3 | Illinois Department of Revenue that the licensee is in | ||||||
4 | compliance with all tax laws administered by the Illinois | ||||||
5 | Department of Revenue.
| ||||||
6 | The Department shall promulgate rules for the | ||||||
7 | administration of this subsection (g).
| ||||||
8 | (h) The Department may grant the title "Retired", to be | ||||||
9 | used immediately adjacent to the title of a profession | ||||||
10 | regulated by the Department, to eligible retirees. The use of | ||||||
11 | the title "Retired" shall not constitute representation of | ||||||
12 | current licensure, registration, or certification. Any person | ||||||
13 | without an active license, registration, or certificate in a | ||||||
14 | profession that requires licensure, registration, or | ||||||
15 | certification shall not be permitted to practice that | ||||||
16 | profession. | ||||||
17 | (i) Within 180 days after the effective date of this | ||||||
18 | amendatory Act of the 96th General Assembly, the Department | ||||||
19 | shall promulgate rules which permit a person with a criminal | ||||||
20 | record, who seeks a license or certificate in an occupation for | ||||||
21 | which a criminal record is not expressly a per se bar, to apply | ||||||
22 | to the Department for a non-binding, advisory opinion to be | ||||||
23 | provided by the Board or body with the authority to issue the | ||||||
24 | license or certificate as to whether his or her criminal record | ||||||
25 | would bar the individual from the licensure or certification | ||||||
26 | sought, should the individual meet all other licensure |
| |||||||
| |||||||
1 | requirements including, but not limited to, the successful | ||||||
2 | completion of the relevant examinations. | ||||||
3 | (Source: P.A. 94-452, eff. 1-1-06; 94-462, eff. 8-4-05; 95-331, | ||||||
4 | eff. 8-21-07.)
| ||||||
5 | Section 10. The Unified Code of Corrections is amended by | ||||||
6 | changing Sections 5-5.5-5, 5-5.5-15, 5-5.5-25, 5-5.5-30, | ||||||
7 | 5-5.5-35 and 5-5.5-40 as follows:
| ||||||
8 | (730 ILCS 5/5-5.5-5)
| ||||||
9 | Sec. 5-5.5-5. Definitions and rules of construction. In | ||||||
10 | this Article:
| ||||||
11 | "Eligible offender" means a person who has been
convicted | ||||||
12 | of a crime that does not include any offense or attempted | ||||||
13 | offense that would subject a person to registration under the | ||||||
14 | Sex Offender Registration Act, the Arsonist Registration Act, | ||||||
15 | or the Child Murderer and Violent Offender Against Youth | ||||||
16 | Registration Act. "Eligible offender" does not include a person | ||||||
17 | who has been convicted of committing or attempting to commit a | ||||||
18 | Class X felony, aggravated driving under the influence of | ||||||
19 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
20 | compounds, or any combination thereof, aggravated domestic | ||||||
21 | battery, or a forcible felony, but who has not been convicted | ||||||
22 | more than twice of a felony
or of an offense that is not a crime | ||||||
23 | of violence as
defined in Section 2 of the Crime Victims | ||||||
24 | Compensation Act, a Class X or
a nonprobationable offense, or a |
| |||||||
| |||||||
1 | violation of Article 11 or Article 12 of the
Criminal Code of | ||||||
2 | 1961, but who has not been convicted more than twice of a
| ||||||
3 | felony .
| ||||||
4 | "Felony" means a conviction of a felony in this State, or
| ||||||
5 | of an offense in any other jurisdiction for which a sentence to | ||||||
6 | a
term of imprisonment in excess of one year, was authorized.
| ||||||
7 | For the purposes of this Article the following rules of | ||||||
8 | construction apply:
| ||||||
9 | (i) two or more convictions of felonies charged in | ||||||
10 | separate counts of one
indictment or information shall be | ||||||
11 | deemed to be one conviction;
| ||||||
12 | (ii) two or more convictions of felonies charged in 2 | ||||||
13 | or more indictments
or informations, filed in the same | ||||||
14 | court prior to entry of judgment under any
of them, shall | ||||||
15 | be deemed to be one conviction; and
| ||||||
16 | (iii) a plea or a verdict of guilty upon which a | ||||||
17 | sentence
of probation, conditional discharge, or | ||||||
18 | supervision
has been imposed shall be deemed to be a | ||||||
19 | conviction.
| ||||||
20 | "Forcible felony" means first degree murder, second degree | ||||||
21 | murder, aggravated arson, arson, aggravated kidnapping, | ||||||
22 | kidnapping, aggravated battery that resulted in great bodily | ||||||
23 | harm or permanent disability, and any other felony which | ||||||
24 | involved the use of physical force or violence against any | ||||||
25 | individual that resulted in great bodily harm or permanent | ||||||
26 | disability. |
| |||||||
| |||||||
1 | (Source: P.A. 93-207, eff. 1-1-04; 94-1067, eff. 8-1-06.)
| ||||||
2 | (730 ILCS 5/5-5.5-15)
| ||||||
3 | Sec. 5-5.5-15. Certificates of relief from disabilities | ||||||
4 | issued by courts.
| ||||||
5 | (a) Any circuit court of this State may , in its discretion, | ||||||
6 | issue a
certificate of
relief from disabilities to an eligible | ||||||
7 | offender for a conviction that
occurred in that court if the | ||||||
8 | court imposed the a sentence other than one
executed by | ||||||
9 | commitment to an institution under the Department of
| ||||||
10 | Corrections . The certificate may be issued (i) at the time
| ||||||
11 | sentence is pronounced, in which case it may grant relief from
| ||||||
12 | disabilities, or (ii) at any time
thereafter, in which case it | ||||||
13 | shall apply only to disabilities.
| ||||||
14 | (b) The certificate may not be issued by the court unless | ||||||
15 | the court
is satisfied , based on clear and convincing evidence, | ||||||
16 | that:
| ||||||
17 | (1) the person to whom it is to be granted is an | ||||||
18 | eligible offender, as
defined in Section 5-5.5-5;
| ||||||
19 | (2) the relief to be granted by the certificate is | ||||||
20 | consistent with the
rehabilitation of the eligible | ||||||
21 | offender; and
| ||||||
22 | (3) the relief to be granted by the certificate is | ||||||
23 | consistent with the
public interest.
| ||||||
24 | (c) If a certificate of relief from disabilities is not | ||||||
25 | issued at
the time sentence is pronounced it shall only be |
| |||||||
| |||||||
1 | issued thereafter upon
verified application to the court. The | ||||||
2 | court may, for the purpose of
determining whether the | ||||||
3 | certificate shall be issued, request the
probation or court | ||||||
4 | services department to conduct an investigation of the
| ||||||
5 | applicant. Any probation officer
requested to make an | ||||||
6 | investigation under this Section shall
prepare and submit to | ||||||
7 | the court a written report in accordance with the
request.
| ||||||
8 | (d) Any court that has issued a certificate of relief from | ||||||
9 | disabilities
may at any time issue a new certificate to enlarge | ||||||
10 | the relief previously
granted provided that the provisions of | ||||||
11 | clauses (1)
through (3) of subsection (b) of this Section apply | ||||||
12 | to the issuance of
any such new certificate.
| ||||||
13 | (e) Any written report submitted to the court under this | ||||||
14 | Section
is confidential and may not be made available to any | ||||||
15 | person or public or
private agency except if specifically | ||||||
16 | required or permitted by
statute or upon specific authorization | ||||||
17 | of the court. However, it shall
be made available by the court | ||||||
18 | for examination by the applicant's
attorney, or the applicant | ||||||
19 | himself or herself, if he or she has no attorney. In
its | ||||||
20 | discretion, the court may except from disclosure a part or | ||||||
21 | parts of the
report that are not relevant to the granting of a | ||||||
22 | certificate, or
sources of information which have been obtained | ||||||
23 | on a promise of
confidentiality, or any other portion of the | ||||||
24 | report, disclosure of which
would not be in the interest of | ||||||
25 | justice. The action of the court excepting
information from | ||||||
26 | disclosure shall be subject to appellate review. The
court, in |
| |||||||
| |||||||
1 | its discretion, may hold a conference in open court or in
| ||||||
2 | chambers to afford an applicant an opportunity to controvert or | ||||||
3 | to
comment upon any portions of the report. The court may also | ||||||
4 | conduct a
summary hearing at the conference on any matter | ||||||
5 | relevant to the granting
of the application and may take | ||||||
6 | testimony under oath.
| ||||||
7 | (f) 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 disabilities, except for a willful | ||||||
10 | or wanton act by the employer in hiring the employee who has | ||||||
11 | been issued a certificate of relief from disabilities. | ||||||
12 | (Source: P.A. 93-207, eff. 1-1-04.)
| ||||||
13 | (730 ILCS 5/5-5.5-25)
| ||||||
14 | Sec. 5-5.5-25. Certificate of good conduct.
| ||||||
15 | (a) A certificate of good conduct may be granted as | ||||||
16 | provided in this Section to relieve an eligible offender of any | ||||||
17 | employment bar. The certificate may be limited to one or more | ||||||
18 | disabilities or bars or may relieve the individual of all | ||||||
19 | disabilities and bars. | ||||||
20 | Notwithstanding any other provision of law, a certificate | ||||||
21 | of good conduct does not relieve an offender of any | ||||||
22 | employment-related disability imposed by law by reason of his | ||||||
23 | or her conviction of a crime that would prevent his or her | ||||||
24 | employment by the Department of Corrections or the Department | ||||||
25 | of Juvenile Justice.
|
| |||||||
| |||||||
1 | (a-6)
(a) A certificate of good conduct may be granted as | ||||||
2 | provided in this
Section to an eligible offender as defined in | ||||||
3 | Section 5-5.5-5 of this Code
who has demonstrated by clear and | ||||||
4 | convincing evidence that he or she has been a law-abiding | ||||||
5 | citizen and is fully
rehabilitated.
| ||||||
6 | (b) (i) A certificate of good conduct may not, however, in | ||||||
7 | any
way prevent any judicial proceeding, administrative, | ||||||
8 | licensing, or other body,
board, or authority from | ||||||
9 | considering the conviction specified
in the certificate.
| ||||||
10 | (ii) A certificate of good conduct shall not limit or | ||||||
11 | prevent the
introduction of evidence of a prior conviction | ||||||
12 | for purposes of impeachment of
a witness in a judicial or | ||||||
13 | other proceeding where otherwise authorized by the
| ||||||
14 | applicable rules of evidence.
| ||||||
15 | (iii) A certificate of good conduct does not limit the | ||||||
16 | employer from accessing criminal background information; | ||||||
17 | nor does it hide, alter, or expunge the record. | ||||||
18 | (c) An employer is not civilly or criminally liable for an | ||||||
19 | act or omission by an employee who has been issued a | ||||||
20 | certificate of good conduct, except for a willful or wanton act | ||||||
21 | by the employer in hiring the employee who has been issued a | ||||||
22 | certificate of good conduct. | ||||||
23 | (Source: P.A. 93-207, eff. 1-1-04.)
| ||||||
24 | (730 ILCS 5/5-5.5-30)
| ||||||
25 | Sec. 5-5.5-30. Issuance of certificate of good conduct.
|
| |||||||
| |||||||
1 | (a) After a rehabilitation review has been held, the | ||||||
2 | Circuit Court
in which the conviction was entered
The
Prisoner | ||||||
3 | Review Board, or any 3 members of the Board by
unanimous vote, | ||||||
4 | shall have the power to issue a certificate of good
conduct to | ||||||
5 | any eligible offender previously convicted of a crime in this | ||||||
6 | State,
and shall make a specific finding of rehabilitation with | ||||||
7 | the force and effect of a final judgment on the merits, when
| ||||||
8 | the Court Board is satisfied that:
| ||||||
9 | (1) the applicant has conducted himself or herself in a | ||||||
10 | manner
warranting the issuance for a minimum period in | ||||||
11 | accordance with the
provisions of subsection (c) of this | ||||||
12 | Section;
| ||||||
13 | (2) the relief to be granted by the certificate is | ||||||
14 | consistent with the
rehabilitation of the applicant; and
| ||||||
15 | (3) the relief to be granted is consistent with the | ||||||
16 | public interest.
| ||||||
17 | (b) The Circuit Court Prisoner Review Board, or any 3 | ||||||
18 | members of the Board by
unanimous vote, shall have the power to | ||||||
19 | issue a certificate of good
conduct to any person previously | ||||||
20 | convicted of a crime in any other
jurisdiction, when the Court | ||||||
21 | Board is satisfied that : | ||||||
22 | (1) the applicant has demonstrated that there exist | ||||||
23 | specific facts and circumstances and specific sections of | ||||||
24 | Illinois State law that have an adverse impact on the | ||||||
25 | applicant and warrant the application for relief to be made | ||||||
26 | in Illinois; and
|
| |||||||
| |||||||
1 | (2) the provisions of paragraphs (1), (2), and (3) of | ||||||
2 | subsection (a) of
this Section have been met.
| ||||||
3 | (c) The minimum period of good conduct by the individual | ||||||
4 | referred to
in paragraph (1) of subsection (a) of this Section, | ||||||
5 | shall be as follows:
if the most serious crime of which the | ||||||
6 | individual was convicted is a
misdemeanor, the minimum period | ||||||
7 | of good conduct shall be one year; if
the most serious crime of | ||||||
8 | which the individual was convicted is a Class 1,
2, 3, or 4 , or | ||||||
9 | Class X felony, the minimum period of good conduct shall be 3 | ||||||
10 | years.
Criminal acts committed outside the State
shall be | ||||||
11 | classified as acts committed within the State based on the
| ||||||
12 | maximum sentence that could have been imposed based upon the
| ||||||
13 | conviction under the laws of the foreign jurisdiction. The | ||||||
14 | minimum
period of good conduct by the individual shall be | ||||||
15 | measured either from
the date of the payment of any fine | ||||||
16 | imposed upon him or her, or from the
date of his or her release | ||||||
17 | from custody by parole, mandatory supervised
release or | ||||||
18 | commutation or termination of his or her sentence.
The Circuit | ||||||
19 | Court Board shall have power and it shall be its duty to | ||||||
20 | investigate all
persons when the application is made and to | ||||||
21 | grant or deny the same
within a reasonable time after the | ||||||
22 | making of the application.
| ||||||
23 | (d) If the Circuit Court Prisoner Review Board has issued a | ||||||
24 | certificate of good
conduct, the Court Board may at any time | ||||||
25 | issue a new certificate enlarging the
relief previously | ||||||
26 | granted.
|
| |||||||
| |||||||
1 | (e) Any certificate of good conduct issued by the Court | ||||||
2 | Prisoner Review Board to
an individual who at the time of the | ||||||
3 | issuance of the certificate is under the
conditions of parole | ||||||
4 | or mandatory supervised release imposed by the
Prisoner Review | ||||||
5 | Board shall be deemed to be a temporary certificate until the | ||||||
6 | time as the
individual is discharged from the terms of parole | ||||||
7 | or mandatory
supervised release, and, while temporary, the | ||||||
8 | certificate may be
revoked by the Court Board for violation of | ||||||
9 | the conditions of parole or
mandatory supervised release. | ||||||
10 | Revocation shall be upon
notice to the parolee or releasee, who | ||||||
11 | shall be accorded an opportunity to
explain the violation prior | ||||||
12 | to a decision on the revocation. If the certificate
is not so | ||||||
13 | revoked, it shall become a permanent certificate upon | ||||||
14 | expiration
or termination of the offender's parole or mandatory | ||||||
15 | supervised release term. | ||||||
16 | (f) The Court shall, upon notice to a certificate holder, | ||||||
17 | have the power to revoke a certificate of good conduct upon a | ||||||
18 | subsequent conviction.
| ||||||
19 | (Source: P.A. 93-207, eff. 1-1-04.)
| ||||||
20 | (730 ILCS 5/5-5.5-35)
| ||||||
21 | Sec. 5-5.5-35. Effect of revocation; use of revoked | ||||||
22 | certificate.
| ||||||
23 | (a) If a certificate of relief from disabilities is deemed | ||||||
24 | to
be temporary and the certificate is revoked, disabilities | ||||||
25 | and
forfeitures thereby relieved shall be reinstated as of the |
| |||||||
| |||||||
1 | date
upon which the person to whom the certificate was issued | ||||||
2 | receives
written notice of the revocation. Any such person | ||||||
3 | shall upon
receipt of the notice surrender the certificate to | ||||||
4 | the issuing
court or Board .
| ||||||
5 | (b) A person who knowingly uses or attempts to use a | ||||||
6 | revoked
certificate of relief from disabilities in order to | ||||||
7 | obtain or to
exercise any right or privilege that he or she | ||||||
8 | would not be entitled to
obtain or to exercise without a valid | ||||||
9 | certificate is guilty
of a Class A misdemeanor.
| ||||||
10 | (Source: P.A. 93-207, eff. 1-1-04.)
| ||||||
11 | (730 ILCS 5/5-5.5-40)
| ||||||
12 | Sec. 5-5.5-40. Forms and filing.
| ||||||
13 | (a) All applications, certificates, and orders of
| ||||||
14 | revocation necessary for the purposes of this Article shall be | ||||||
15 | upon forms
prescribed by under an agreement among the Director | ||||||
16 | of Corrections and
the Chairman of the Prisoner Review Board | ||||||
17 | and the
Chief Justice of the Supreme Court or his or her | ||||||
18 | designee. The forms
relating to certificates of relief from | ||||||
19 | disabilities and certificates of good conduct shall be | ||||||
20 | distributed by
the Director of the Division of Probation | ||||||
21 | Services and forms relating to
certificates of good conduct | ||||||
22 | shall be distributed by the Chairman of the
Prisoner Review | ||||||
23 | Board .
| ||||||
24 | (b) Any court or board issuing or revoking any certificate | ||||||
25 | under
this Article shall immediately file a copy of the |
| |||||||
| |||||||
1 | certificate or of the
order of revocation with the Director of | ||||||
2 | State Police.
| ||||||
3 | (Source: P.A. 93-207, eff. 1-1-04.)
| ||||||
4 | (730 ILCS 5/5-5.5-20 rep.)
| ||||||
5 | Section 15. The Unified Code of Corrections is amended by | ||||||
6 | repealing Section 5-5.5-20.
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law, except that Sections 10 and 15 take effect | ||||||
9 |