Bill Text: IL SB3423 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall be the authority for setting conditions for mandatory supervised release under specified provisions and determining whether a violation of those conditions warrant revocation of mandatory supervised release or the imposition of other sanctions. Provides that the Board shall hear by at least one member and through a panel of at least 3 members determine the conditions of mandatory supervised release, determine the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under specified provisions. Provides that if a person was originally prosecuted under the provisions of the Criminal Code of 1961 or the Criminal Code of 2012, sentenced under the provisions of the Act pursuant to the Juvenile Court Act of 1987, and convicted as an adult and committed to the Department of Juvenile Justice, the Department of Juvenile Justice shall, no less than 120 days prior to the date that the person reaches the age of 21, send written notification to the Prisoner Review Board indicating the day upon which the committed person will achieve the age of 21. Requires the Prisoner Review Board to conduct a hearing with no less than 3 members to determine whether or not the minor shall be assigned mandatory supervised release or be transferred to the Department of Corrections prior to the minor's 21st birthday.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-18 - Added as Co-Sponsor Sen. Mary Edly-Allen [SB3423 Detail]

Download: Illinois-2023-SB3423-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3423 Introduced 2/8/2024, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1
730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall be the authority for setting conditions for mandatory supervised release under specified provisions and determining whether a violation of those conditions warrant revocation of mandatory supervised release or the imposition of other sanctions. Provides that the Board shall hear by at least one member and through a panel of at least 3 members determine the conditions of mandatory supervised release, determine the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under specified provisions. Provides that if a person was originally prosecuted under the provisions of the Criminal Code of 1961 or the Criminal Code of 2012, sentenced under the provisions of the Act pursuant to the Juvenile Court Act of 1987, and convicted as an adult and committed to the Department of Juvenile Justice, the Department of Juvenile Justice shall, no less than 120 days prior to the date that the person reaches the age of 21, send written notification to the Prisoner Review Board indicating the day upon which the committed person will achieve the age of 21. Requires the Prisoner Review Board to conduct a hearing with no less than 3 members to determine whether or not the minor shall be assigned mandatory supervised release or be transferred to the Department of Corrections prior to the minor's 21st birthday.
LRB103 36435 RLC 66537 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 3-3-1, 3-3-2, and 3-3-3 as follows:
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and appointment of Prisoner
Review Board.
(a) There shall be a Prisoner Review Board independent of
the Department which shall be:
(1) the paroling authority for persons sentenced under
the law in effect prior to the effective date of this
amendatory Act of 1977;
(1.2) the paroling authority for persons eligible for
parole review under Section 5-4.5-115;
(1.5) (blank);
(1.10) the authority for setting conditions for
mandatory supervised release under subsection (f) of
Section 3-3-3 of this Code and determining whether a
violation of those conditions warrant revocation of
mandatory supervised release or the imposition of other
sanctions;
(2) the board of review for cases involving the

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revocation of sentence credits or a suspension or
reduction in the rate of accumulating the credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(4) the authority for establishing release dates for
certain prisoners sentenced under the law in existence
prior to the effective date of this amendatory Act of
1977, in accordance with Section 3-3-2.1 of this Code;
(5) the authority for setting conditions for parole
and mandatory supervised release under Section 5-8-1(a) of
this Code, and determining whether a violation of those
conditions warrant revocation of parole or mandatory
supervised release or the imposition of other sanctions;
(6) the authority for determining whether a violation
of aftercare release conditions warrant revocation of
aftercare release; and
(7) the authority to release medically infirm or
disabled prisoners under Section 3-3-14.
(b) The Board shall consist of 15 persons appointed by the
Governor by and with the advice and consent of the Senate. One
member of the Board shall be designated by the Governor to be
Chairman and shall serve as Chairman at the pleasure of the
Governor. The members of the Board shall have had at least 5
years of actual experience in the fields of penology,
corrections work, law enforcement, sociology, law, education,
social work, medicine, psychology, other behavioral sciences,

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or a combination thereof. At least 6 members so appointed must
have at least 3 years experience in the field of juvenile
matters. No more than 8 Board members may be members of the
same political party.
Each member of the Board shall serve on a full-time basis
and shall not hold any other salaried public office, whether
elective or appointive, nor any other office or position of
profit, nor engage in any other business, employment, or
vocation. The Chairman of the Board shall receive $35,000 a
year, or an amount set by the Compensation Review Board,
whichever is greater, and each other member $30,000, or an
amount set by the Compensation Review Board, whichever is
greater.
(c) Notwithstanding any other provision of this Section,
the term of each member of the Board who was appointed by the
Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when all of the successor
members to be appointed pursuant to this amendatory Act of the
93rd General Assembly have been appointed by the Governor,
whichever occurs later. As soon as possible, the Governor
shall appoint persons to fill the vacancies created by this
amendatory Act.
Of the initial members appointed under this amendatory Act
of the 93rd General Assembly, the Governor shall appoint 5
members whose terms shall expire on the third Monday in
January 2005, 5 members whose terms shall expire on the third

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Monday in January 2007, and 5 members whose terms shall expire
on the third Monday in January 2009. Their respective
successors shall be appointed for terms of 6 years from the
third Monday in January of the year of appointment. Each
member shall serve until his or her successor is appointed and
qualified.
Any member may be removed by the Governor for
incompetence, neglect of duty, malfeasance or inability to
serve.
(d) The Chairman of the Board shall be its chief executive
and administrative officer. The Board may have an Executive
Director; if so, the Executive Director shall be appointed by
the Governor with the advice and consent of the Senate. The
salary and duties of the Executive Director shall be fixed by
the Board.
(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and duties.
(a) The Parole and Pardon Board is abolished and the term
"Parole and Pardon Board" as used in any law of Illinois, shall
read "Prisoner Review Board." After February 1, 1978 (the
effective date of Public Act 81-1099), the Prisoner Review
Board shall provide by rule for the orderly transition of all
files, records, and documents of the Parole and Pardon Board
and for such other steps as may be necessary to effect an

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orderly transition and shall:
(1) hear by at least one member and through a panel of
at least 3 members decide, cases of prisoners who were
sentenced under the law in effect prior to February 1,
1978 (the effective date of Public Act 81-1099), and who
are eligible for parole;
(2) hear by at least one member and through a panel of
at least 3 members decide, the conditions of parole and
the time of discharge from parole, impose sanctions for
violations of parole, and revoke parole for those
sentenced under the law in effect prior to February 1,
1978 (the effective date of Public Act 81-1099); provided
that the decision to parole and the conditions of parole
for all prisoners who were sentenced for first degree
murder or who received a minimum sentence of 20 years or
more under the law in effect prior to February 1, 1978
shall be determined by a majority vote of the Prisoner
Review Board. One representative supporting parole and one
representative opposing parole will be allowed to speak.
Their comments shall be limited to making corrections and
filling in omissions to the Board's presentation and
discussion;
(3) hear by at least one member and through a panel of
at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from
mandatory supervised release, impose sanctions for

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violations of mandatory supervised release, and revoke
mandatory supervised release for those sentenced under the
law in effect after February 1, 1978 (the effective date
of Public Act 81-1099);
(3.5) hear by at least one member and through a panel
of at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from
mandatory supervised release, to impose sanctions for
violations of mandatory supervised release and revoke
mandatory supervised release for those serving extended
supervised release terms pursuant to paragraph (4) of
subsection (d) of Section 5-8-1;
(3.6) hear by at least one member and through a panel
of at least 3 members decide whether to revoke aftercare
release for those committed to the Department of Juvenile
Justice under the Juvenile Court Act of 1987;
(4) hear by at least one member and through a panel of
at least 3 members, decide cases brought by the Department
of Corrections against a prisoner in the custody of the
Department for alleged violation of Department rules with
respect to sentence credits under Section 3-6-3 of this
Code in which the Department seeks to revoke sentence
credits, if the amount of time at issue exceeds 30 days or
when, during any 12-month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction
is committed or discovered within 60 days of scheduled

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release. In such cases, the Department of Corrections may
revoke up to 30 days of sentence credit. The Board may
subsequently approve the revocation of additional sentence
credit, if the Department seeks to revoke sentence credit
in excess of 30 days. However, the Board shall not be
empowered to review the Department's decision with respect
to the loss of 30 days of sentence credit for any prisoner
or to increase any penalty beyond the length requested by
the Department;
(5) hear by at least one member and through a panel of
at least 3 members decide, the release dates for certain
prisoners sentenced under the law in existence prior to
February 1, 1978 (the effective date of Public Act
81-1099), in accordance with Section 3-3-2.1 of this Code;
(6) hear by at least one member and through a panel of
at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor;
(6.5) hear by at least one member who is qualified in
the field of juvenile matters and through a panel of at
least 3 members, 2 of whom are qualified in the field of
juvenile matters, decide parole review cases in accordance
with Section 5-4.5-115 of this Code and make release
determinations of persons under the age of 21 at the time
of the commission of an offense or offenses, other than
those persons serving sentences for first degree murder or

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aggravated criminal sexual assault;
(6.6) hear by at least a quorum of the Prisoner Review
Board and decide by a majority of members present at the
hearing, in accordance with Section 5-4.5-115 of this
Code, release determinations of persons under the age of
21 at the time of the commission of an offense or offenses
of those persons serving sentences for first degree murder
or aggravated criminal sexual assault;
(6.7) hear by at least one member and through a panel
of at least 3 members determine the conditions of
mandatory supervised release, determine the time of
discharge from mandatory supervised release, impose
sanctions for violations of mandatory supervised release,
and revoke mandatory supervised release for those
sentenced under subsection (f) of Section 3-3-3 of this
Code;
(7) comply with the requirements of the Open Parole
Hearings Act;
(8) hear by at least one member and, through a panel of
at least 3 members, decide cases brought by the Department
of Corrections against a prisoner in the custody of the
Department for court dismissal of a frivolous lawsuit
pursuant to Section 3-6-3(d) of this Code in which the
Department seeks to revoke up to 180 days of sentence
credit, and if the prisoner has not accumulated 180 days
of sentence credit at the time of the dismissal, then all

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sentence credit accumulated by the prisoner shall be
revoked;
(9) hear by at least 3 members, and, through a panel of
at least 3 members, decide whether to grant certificates
of relief from disabilities or certificates of good
conduct as provided in Article 5.5 of Chapter V;
(10) upon a petition by a person who has been
convicted of a Class 3 or Class 4 felony and who meets the
requirements of this paragraph, hear by at least 3 members
and, with the unanimous vote of a panel of 3 members, issue
a certificate of eligibility for sealing recommending that
the court order the sealing of all official records of the
arresting authority, the circuit court clerk, and the
Illinois State Police concerning the arrest and conviction
for the Class 3 or 4 felony. A person may not apply to the
Board for a certificate of eligibility for sealing:
(A) until 5 years have elapsed since the
expiration of his or her sentence;
(B) until 5 years have elapsed since any arrests
or detentions by a law enforcement officer for an
alleged violation of law, other than a petty offense,
traffic offense, conservation offense, or local
ordinance offense;
(C) if convicted of a violation of the Cannabis
Control Act, Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,

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the Methamphetamine Precursor Control Act, or the
Methamphetamine Precursor Tracking Act unless the
petitioner has completed a drug abuse program for the
offense on which sealing is sought and provides proof
that he or she has completed the program successfully;
(D) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or the Criminal Code of
2012;
(ii) aggravated assault;
(iii) aggravated battery;
(iv) domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of
1961 or the Criminal Code of 2012 involving a
firearm;
(viii) driving while under the influence of
alcohol, other drug or drugs, intoxicating
compound or compounds, or any combination thereof;
(ix) aggravated driving while under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any
combination thereof; or
(x) any crime defined as a crime of violence

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under Section 2 of the Crime Victims Compensation
Act.
If a person has applied to the Board for a certificate
of eligibility for sealing and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for pardon from the Governor unless
the Chairman of the Prisoner Review Board grants a waiver.
The decision to issue or refrain from issuing a
certificate of eligibility for sealing shall be at the
Board's sole discretion, and shall not give rise to any
cause of action against either the Board or its members.
The Board may only authorize the sealing of Class 3
and 4 felony convictions of the petitioner from one
information or indictment under this paragraph (10). A
petitioner may only receive one certificate of eligibility
for sealing under this provision for life; and
(11) upon a petition by a person who after having been
convicted of a Class 3 or Class 4 felony thereafter served
in the United States Armed Forces or National Guard of
this or any other state and had received an honorable
discharge from the United States Armed Forces or National
Guard or who at the time of filing the petition is enlisted
in the United States Armed Forces or National Guard of
this or any other state and served one tour of duty and who
meets the requirements of this paragraph, hear by at least
3 members and, with the unanimous vote of a panel of 3

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members, issue a certificate of eligibility for
expungement recommending that the court order the
expungement of all official records of the arresting
authority, the circuit court clerk, and the Illinois State
Police concerning the arrest and conviction for the Class
3 or 4 felony. A person may not apply to the Board for a
certificate of eligibility for expungement:
(A) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or Criminal Code of
2012;
(ii) an offense under the Criminal Code of
1961 or Criminal Code of 2012 involving a firearm;
or
(iii) a crime of violence as defined in
Section 2 of the Crime Victims Compensation Act;
or
(B) if the person has not served in the United
States Armed Forces or National Guard of this or any
other state or has not received an honorable discharge
from the United States Armed Forces or National Guard
of this or any other state or who at the time of the
filing of the petition is serving in the United States
Armed Forces or National Guard of this or any other
state and has not completed one tour of duty.

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If a person has applied to the Board for a certificate
of eligibility for expungement and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for a pardon with authorization for
expungement from the Governor unless the Governor or
Chairman of the Prisoner Review Board grants a waiver.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and the
Department of Central Management Services, shall implement a
pilot project in 3 correctional institutions providing for the
conduct of hearings under paragraphs (1) and (4) of subsection
(a) of this Section through interactive video conferences. The
project shall be implemented within 6 months after January 1,
1997 (the effective date of Public Act 89-490). Within 6
months after the implementation of the pilot project, the
Prisoner Review Board, with the cooperation of and in
coordination with the Department of Corrections and the
Department of Central Management Services, shall report to the
Governor and the General Assembly regarding the use, costs,
effectiveness, and future viability of interactive video
conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in
promoting an effective system of parole and mandatory
supervised release.

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(d) The Board shall promulgate rules for the conduct of
its work, and the Chairman shall file a copy of such rules and
any amendments thereto with the Director and with the
Secretary of State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his or her parole, aftercare release, or
mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of
documentary evidence relating to any matter under
investigation or hearing. The Chairman of the Board may sign
subpoenas which shall be served by any agent or public
official authorized by the Chairman of the Board, or by any
person lawfully authorized to serve a subpoena under the laws
of the State of Illinois. The attendance of witnesses, and the
production of documentary evidence, may be required from any
place in the State to a hearing location in the State before
the Chairman of the Board or his or her designated agent or
agents or any duly constituted Committee or Subcommittee of
the Board. Witnesses so summoned shall be paid the same fees
and mileage that are paid witnesses in the circuit courts of
the State, and witnesses whose depositions are taken and the
persons taking those depositions are each entitled to the same
fees as are paid for like services in actions in the circuit

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courts of the State. Fees and mileage shall be vouchered for
payment when the witness is discharged from further
attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order requiring
the attendance and testimony of witnesses or the production of
documentary evidence or both. A copy of such petition shall be
served by personal service or by registered or certified mail
upon the person who has failed to obey the subpoena, and such
person shall be advised in writing that a hearing upon the
petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary
remedies at a specified time, on a specified date, not less
than 10 nor more than 15 days after the deposit of the copy of
the written notice and petition in the U.S. mail addressed to
the person at his or her last known address or after the
personal service of the copy of the notice and petition upon
such person. The court upon the filing of such a petition, may
order the person refusing to obey the subpoena to appear at an
investigation or hearing, or to there produce documentary
evidence, if so ordered, or to give evidence relative to the
subject matter of that investigation or hearing. Any failure
to obey such order of the circuit court may be punished by that
court as a contempt of court.
Each member of the Board and any hearing officer
designated by the Board shall have the power to administer

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oaths and to take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a
majority of the members then appointed to the Prisoner Review
Board shall constitute a quorum for the transaction of all
business of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
102-558, eff. 8-20-21.)
(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
Sec. 3-3-3. Eligibility for parole or release.
(a) 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,

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whichever is less, less time credit for good behavior.
(b) No 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 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) 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.
(f) If a person was originally prosecuted under the
provisions of the Criminal Code of 1961 or the Criminal Code of
2012, sentenced under the provisions of this Act pursuant to
Section 5-805 of the Juvenile Court Act of 1987, and convicted
as an adult and committed to the Department of Juvenile

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