101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3879

 

Introduced 10/17/2019, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-2.5-80
730 ILCS 5/3-3-9  from Ch. 38, par. 1003-3-9

    Amends the Unified Code of Corrections. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing an overdose shall not be deemed to violate his or her conditions of aftercare release (for a juvenile) or conditions of parole or mandatory supervised release.


LRB101 14147 NHT 63015 b

 

 

A BILL FOR

 

HB3879LRB101 14147 NHT 63015 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-2.5-80 and 3-3-9 as follows:
 
6    (730 ILCS 5/3-2.5-80)
7    Sec. 3-2.5-80. Supervision on aftercare release.
8    (a) The Department shall retain custody of all youth placed
9on aftercare release or released under Section 3-2.5-85 or
103-3-10 of this Code. The Department shall supervise those youth
11during their aftercare release period in accordance with the
12conditions set by the Department or Prisoner Review Board.
13    (b) A copy of youth's conditions of aftercare release shall
14be signed by the youth and given to the youth and to his or her
15aftercare specialist who shall report on the youth's progress
16under the rules of the Department. Aftercare specialists and
17supervisors shall have the full power of peace officers in the
18retaking of any releasee who has allegedly violated his or her
19aftercare release conditions. The aftercare specialist may
20request the Department of Juvenile Justice to issue a warrant
21for the arrest of any releasee who has allegedly violated his
22or her aftercare release conditions.
23    (b-5) A youth who, in good faith, seeks or obtains

 

 

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1emergency medical assistance for someone experiencing an
2overdose shall not be deemed to violate his or her conditions
3of aftercare release.
4    (c) The aftercare supervisor shall request the Department
5of Juvenile Justice to issue an aftercare release violation
6warrant, and the Department of Juvenile Justice shall issue an
7aftercare release violation warrant, under the following
8circumstances:
9        (1) if the releasee has a subsequent delinquency
10    petition filed against him or her alleging commission of an
11    act that constitutes a felony using a firearm or knife;
12        (2) if the releasee is required to and fails to comply
13    with the requirements of the Sex Offender Registration Act;
14        (3) (blank); or
15        (4) if the releasee is on aftercare release for a
16    murder, a Class X felony or a Class 1 felony violation of
17    the Criminal Code of 2012, or any felony that requires
18    registration as a sex offender under the Sex Offender
19    Registration Act and a subsequent delinquency petition is
20    filed against him or her alleging commission of an act that
21    constitutes first degree murder, a Class X felony, a Class
22    1 felony, a Class 2 felony, or a Class 3 felony.
23    Personnel designated by the Department of Juvenile Justice
24or another peace officer may detain an alleged aftercare
25release violator until a warrant for his or her return to the
26Department of Juvenile Justice can be issued. The releasee may

 

 

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1be delivered to any secure place until he or she can be
2transported to the Department of Juvenile Justice. The
3aftercare specialist or the Department of Juvenile Justice
4shall file a violation report with notice of charges with the
5Department.
6    (d) The aftercare specialist shall regularly advise and
7consult with the releasee and assist the youth in adjusting to
8community life in accord with this Section.
9    (e) If the aftercare releasee has been convicted of a sex
10offense as defined in the Sex Offender Management Board Act,
11the aftercare specialist shall periodically, but not less than
12once a month, verify that the releasee is in compliance with
13paragraph (7.6) of subsection (a) of Section 3-3-7.
14    (f) The aftercare specialist shall keep those records as
15the Department may require. All records shall be entered in the
16master file of the youth.
17(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628,
18eff. 1-1-17.)
 
19    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
20    Sec. 3-3-9. Violations; changes of conditions; preliminary
21hearing; revocation of parole or mandatory supervised release;
22revocation hearing.
23    (a) If prior to expiration or termination of the term of
24parole or mandatory supervised release, a person violates a
25condition set by the Prisoner Review Board or a condition of

 

 

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1parole or mandatory supervised release under Section 3-3-7 of
2this Code to govern that term, the Board may:
3        (1) continue the existing term, with or without
4    modifying or enlarging the conditions; or
5        (1.5) for those released as a result of youthful
6    offender parole as set forth in Section 5-4.5-115 5-4.5-110
7    of this Code, order that the inmate be subsequently
8    rereleased to serve a specified mandatory supervised
9    release term not to exceed the full term permitted under
10    the provisions of Section 5-4.5-115 5-4.5-110 and
11    subsection (d) of Section 5-8-1 of this Code and may modify
12    or enlarge the conditions of the release as the Board deems
13    proper; or
14        (2) parole or release the person to a half-way house;
15    or
16        (3) revoke the parole or mandatory supervised release
17    and reconfine the person for a term computed in the
18    following manner:
19            (i) (A) For those sentenced under the law in effect
20        prior to this amendatory Act of 1977, the recommitment
21        shall be for any portion of the imposed maximum term of
22        imprisonment or confinement which had not been served
23        at the time of parole and the parole term, less the
24        time elapsed between the parole of the person and the
25        commission of the violation for which parole was
26        revoked;

 

 

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1            (B) Except as set forth in paragraphs (C) and (D),
2        for those subject to mandatory supervised release
3        under paragraph (d) of Section 5-8-1 of this Code, the
4        recommitment shall be for the total mandatory
5        supervised release term, less the time elapsed between
6        the release of the person and the commission of the
7        violation for which mandatory supervised release is
8        revoked. The Board may also order that a prisoner serve
9        up to one year of the sentence imposed by the court
10        which was not served due to the accumulation of
11        sentence credit;
12            (C) For those subject to sex offender supervision
13        under clause (d)(4) of Section 5-8-1 of this Code, the
14        reconfinement period for violations of clauses (a)(3)
15        through (b-1)(15) of Section 3-3-7 shall not exceed 2
16        years from the date of reconfinement;
17            (D) For those released as a result of youthful
18        offender parole as set forth in Section 5-4.5-115
19        5-4.5-110 of this Code, the reconfinement period shall
20        be for the total mandatory supervised release term,
21        less the time elapsed between the release of the person
22        and the commission of the violation for which mandatory
23        supervised release is revoked. The Board may also order
24        that a prisoner serve up to one year of the mandatory
25        supervised release term previously earned. The Board
26        may also order that the inmate be subsequently

 

 

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1        rereleased to serve a specified mandatory supervised
2        release term not to exceed the full term permitted
3        under the provisions of Section 5-4.5-115 5-4.5-110
4        and subsection (d) of Section 5-8-1 of this Code and
5        may modify or enlarge the conditions of the release as
6        the Board deems proper;
7             (ii) the person shall be given credit against the
8        term of reimprisonment or reconfinement for time spent
9        in custody since he or she was paroled or released
10        which has not been credited against another sentence or
11        period of confinement;
12             (iii) (blank);
13             (iv) this Section is subject to the release under
14        supervision and the reparole and rerelease provisions
15        of Section 3-3-10.
16    (a-5) A person who, in good faith, seeks or obtains
17emergency medical assistance for someone experiencing an
18overdose shall not be deemed to violate his or her conditions
19of parole or mandatory supervised release.
20    (b) The Board may revoke parole or mandatory supervised
21release for violation of a condition for the duration of the
22term and for any further period which is reasonably necessary
23for the adjudication of matters arising before its expiration.
24The issuance of a warrant of arrest for an alleged violation of
25the conditions of parole or mandatory supervised release shall
26toll the running of the term until the final determination of

 

 

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1the charge. When parole or mandatory supervised release is not
2revoked that period shall be credited to the term, unless a
3community-based sanction is imposed as an alternative to
4revocation and reincarceration, including a diversion
5established by the Illinois Department of Corrections Parole
6Services Unit prior to the holding of a preliminary parole
7revocation hearing. Parolees who are diverted to a
8community-based sanction shall serve the entire term of parole
9or mandatory supervised release, if otherwise appropriate.
10    (b-5) The Board shall revoke parole or mandatory supervised
11release for violation of the conditions prescribed in paragraph
12(7.6) of subsection (a) of Section 3-3-7.
13    (c) A person charged with violating a condition of parole
14or mandatory supervised release shall have a preliminary
15hearing before a hearing officer designated by the Board to
16determine if there is cause to hold the person for a revocation
17hearing. However, no preliminary hearing need be held when
18revocation is based upon new criminal charges and a court finds
19probable cause on the new criminal charges or when the
20revocation is based upon a new criminal conviction and a
21certified copy of that conviction is available.
22    (d) Parole or mandatory supervised release shall not be
23revoked without written notice to the offender setting forth
24the violation of parole or mandatory supervised release charged
25against him or her.
26    (e) A hearing on revocation shall be conducted before at

 

 

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1least one member of the Prisoner Review Board. The Board may
2meet and order its actions in panels of 3 or more members. The
3action of a majority of the panel shall be the action of the
4Board. A record of the hearing shall be made. At the hearing
5the offender shall be permitted to:
6        (1) appear and answer the charge; and
7        (2) bring witnesses on his or her behalf.
8    (f) The Board shall either revoke parole or mandatory
9supervised release or order the person's term continued with or
10without modification or enlargement of the conditions.
11    (g) Parole or mandatory supervised release shall not be
12revoked for failure to make payments under the conditions of
13parole or release unless the Board determines that such failure
14is due to the offender's willful refusal to pay.
15(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19;
16revised 4-3-19.)