093_HB1126

 
                                     LRB093 08154 RLC 08360 b

 1        AN ACT concerning parole.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Unified Code of Corrections  is  amended
 5    by changing Sections 3-3-2, 3-3-4, 3-3-5, 3-3-8, and 5-8-1 as
 6    follows:

 7        (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
 8        Sec. 3-3-2.  Powers and Duties.
 9        (a)  The  Parole  and  Pardon  Board is abolished and the
10    term "Parole  and  Pardon  Board"  as  used  in  any  law  of
11    Illinois,  shall  read  "Prisoner  Review  Board."  After the
12    effective date of this amendatory Act of 1977,  the  Prisoner
13    Review Board shall provide by rule for the orderly transition
14    of all files, records, and documents of the Parole and Pardon
15    Board  and for such other steps as may be necessary to effect
16    an orderly transition and shall:
17             (1)  hear and decide through a panel of 3 members by
18        at least one member and through a panel  of  at  least  3
19        members  decide,  cases  of  prisoners who were sentenced
20        under the law in effect prior to the  effective  date  of
21        this  amendatory  Act  of  1977, and who are eligible for
22        parole;
23             (2)  hear by at least one member and through a panel
24        of at least 3 members decide, the  conditions  of  parole
25        and  the  time of discharge from parole, impose sanctions
26        for violations of parole, and  revoke  parole  for  those
27        sentenced   under   the  law  in  effect  prior  to  this
28        amendatory Act of 1977; provided  that  the  decision  to
29        parole and the conditions of parole for all prisoners who
30        were  sentenced for first degree murder or who received a
31        minimum sentence of 20 years or more  under  the  law  in
 
                            -2-      LRB093 08154 RLC 08360 b
 1        effect prior to February 1, 1978 shall be determined by a
 2        majority vote of the Prisoner Review Board;
 3             (3)  hear by at least one member and through a panel
 4        of at least 3 members decide, the conditions of mandatory
 5        supervised   release  and  the  time  of  discharge  from
 6        mandatory  supervised  release,  impose   sanctions   for
 7        violations  of  mandatory  supervised release, and revoke
 8        mandatory supervised release for  those  sentenced  under
 9        the  law  in  effect  after  the  effective  date of this
10        amendatory Act of 1977;
11             (4)  hear by at least 1 member and through  a  panel
12        of  at  least  3  members,  decide  cases  brought by the
13        Department of  Corrections  against  a  prisoner  in  the
14        custody  of  the  Department  for  alleged  violation  of
15        Department  rules  with  respect  to good conduct credits
16        pursuant to Section 3-6-3  of  this  Code  in  which  the
17        Department  seeks  to revoke good conduct credits, if the
18        amount of time at issue exceeds 30 days or  when,  during
19        any  12  month  period,  the  cumulative amount of credit
20        revoked exceeds 30 days except where  the  infraction  is
21        committed  or  discovered  within  60  days  of scheduled
22        release. In such cases, the Department of Corrections may
23        revoke up to 30 days of good conduct  credit.  The  Board
24        may  subsequently  approve  the  revocation of additional
25        good conduct credit, if the Department  seeks  to  revoke
26        good  conduct  credit  in excess of thirty days. However,
27        the  Board  shall  not  be  empowered   to   review   the
28        Department's decision with respect to the loss of 30 days
29        of  good  conduct  credit for any prisoner or to increase
30        any  penalty  beyond  the   length   requested   by   the
31        Department;
32             (5)  hear by at least one member and through a panel
33        of  at  least  3  members  decide,  the release dates for
34        certain prisoners sentenced under the  law  in  existence
 
                            -3-      LRB093 08154 RLC 08360 b
 1        prior  to  the  effective  date of this amendatory Act of
 2        1977, in accordance with Section 3-3-2.1 of this Code;
 3             (6)  hear by at least one member and through a panel
 4        of at least 3 members decide, all  requests  for  pardon,
 5        reprieve    or   commutation,   and   make   confidential
 6        recommendations to the Governor;
 7             (7)  comply with the requirements of the Open Parole
 8        Hearings Act; and
 9             (8)  hear by at least  one  member  and,  through  a
10        panel  of at least 3 members, decide cases brought by the
11        Department of  Corrections  against  a  prisoner  in  the
12        custody  of  the  Department  for  court  dismissal  of a
13        frivolous lawsuit pursuant to Section  3-6-3(d)  of  this
14        Code  in  which  the Department seeks to revoke up to 180
15        days of good conduct credit, and if the prisoner has  not
16        accumulated  180  days of good conduct credit at the time
17        of  the  dismissal,  then   all   good   conduct   credit
18        accumulated by the prisoner shall be revoked.
19        (a-5)  The Prisoner Review Board, with the cooperation of
20    and  in  coordination  with the Department of Corrections and
21    the  Department  of  Central   Management   Services,   shall
22    implement  a  pilot  project  in  3 correctional institutions
23    providing for the conduct of hearings  under  paragraphs  (1)
24    and (4) of subsection (a) of this Section through interactive
25    video conferences.  The project shall be implemented within 6
26    months  after  the  effective  date of this amendatory Act of
27    1996.  Within 6 months after the implementation of the  pilot
28    project,  the  Prisoner Review Board, with the cooperation of
29    and in coordination with the Department  of  Corrections  and
30    the  Department  of Central Management Services, shall report
31    to the Governor and the General Assembly regarding  the  use,
32    costs,  effectiveness,  and  future  viability of interactive
33    video conferences for Prisoner Review Board hearings.
34        (b)  Upon recommendation of the Department the Board  may
 
                            -4-      LRB093 08154 RLC 08360 b
 1    restore good conduct credit previously revoked.
 2        (c)  The  Board  shall  cooperate  with the Department in
 3    promoting  an  effective  system  of  parole  and   mandatory
 4    supervised release.
 5        (d)  The  Board shall promulgate rules for the conduct of
 6    its work, and the Chairman shall file a copy  of  such  rules
 7    and  any  amendments  thereto  with the Director and with the
 8    Secretary of State.
 9        (e)  The Board shall keep records of all of its  official
10    actions and shall make them accessible in accordance with law
11    and the rules of the Board.
12        (f)  The  Board  or  one  who  has allegedly violated the
13    conditions of his parole or mandatory supervised release  may
14    require by subpoena the attendance and testimony of witnesses
15    and  the  production  of documentary evidence relating to any
16    matter under investigation or hearing. The  Chairman  of  the
17    Board  may  sign subpoenas which shall be served by any agent
18    or public official authorized by the Chairman of  the  Board,
19    or  by  any  person  lawfully  authorized to serve a subpoena
20    under the laws of the State of Illinois.  The  attendance  of
21    witnesses, and the production of documentary evidence, may be
22    required from any place in the State to a hearing location in
23    the  State before the Chairman of the Board or his designated
24    agent  or  agents  or  any  duly  constituted  Committee   or
25    Subcommittee  of  the  Board.  Witnesses so summoned shall be
26    paid the same fees and mileage that are paid witnesses in the
27    circuit courts of the State, and witnesses whose  depositions
28    are  taken  and the persons taking those depositions are each
29    entitled to the same fees as are paid for  like  services  in
30    actions  in the circuit courts of the State. Fees and mileage
31    shall be vouchered for payment when the witness is discharged
32    from further attendance.
33        In case of disobedience to  a  subpoena,  the  Board  may
34    petition  any  circuit  court  of  the  State  for  an  order
 
                            -5-      LRB093 08154 RLC 08360 b
 1    requiring  the  attendance  and testimony of witnesses or the
 2    production of documentary evidence or both. A  copy  of  such
 3    petition shall be served by personal service or by registered
 4    or  certified mail upon the person who has failed to obey the
 5    subpoena, and such person shall be advised in writing that  a
 6    hearing  upon  the petition will be requested in a court room
 7    to be designated in such  notice  before  the  judge  hearing
 8    motions  or  extraordinary remedies at a specified time, on a
 9    specified date, not less than 10 nor more than 15 days  after
10    the deposit of the copy of the written notice and petition in
11    the  U.S.  mails  addressed  to  the person at his last known
12    address or after the personal service  of  the  copy  of  the
13    notice  and  petition  upon  such  person. The court upon the
14    filing of such a petition, may order the person  refusing  to
15    obey  the  subpoena to appear at an investigation or hearing,
16    or to there produce documentary evidence, if so  ordered,  or
17    to  give  evidence  relative  to  the  subject matter of that
18    investigation or hearing. Any failure to obey such  order  of
19    the circuit court may be punished by that court as a contempt
20    of court.
21        Each   member  of  the  Board  and  any  hearing  officer
22    designated by the Board shall have the  power  to  administer
23    oaths and to take the testimony of persons under oath.
24        (g)  Except  under  subsection  (a)  of  this  Section, a
25    majority of the members then appointed to the Prisoner Review
26    Board shall constitute a quorum for the  transaction  of  all
27    business of the Board.
28        (h)  The Prisoner Review Board shall annually transmit to
29    the  Director a detailed report of its work for the preceding
30    calendar year. The annual report shall also be transmitted to
31    the Governor for submission to the Legislature.
32    (Source:  P.A.  90-14,  eff.  7-1-97;  91-798,  eff.  7-9-00;
33    91-946, eff. 2-9-01.)
 
                            -6-      LRB093 08154 RLC 08360 b
 1        (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
 2        Sec. 3-3-4.  Preparation for Parole Hearing.
 3        (a)  The Prisoner Review Board shall consider the  parole
 4    of  each  eligible  person committed to the Adult Division at
 5    least 30 days  prior  to  the  date  he  shall  first  become
 6    eligible  for  parole,  and shall consider the parole of each
 7    person committed to the Juvenile Division as a delinquent  at
 8    least  30  days  prior to the expiration of the first year of
 9    confinement.
10        (b)  A person eligible for parole shall,  in  advance  of
11    his  parole hearing, prepare a parole plan in accordance with
12    the rules of the Prisoner Review Board. The person  shall  be
13    assisted  in  preparing  his  parole plan by personnel of the
14    Department and may, for this purpose, be released on furlough
15    under Article 11  or  on  authorized  absence  under  Section
16    3-9-4.  The  Department  shall  also  provide  assistance  in
17    obtaining  information  and records helpful to the individual
18    for his parole hearing.
19        (c)  The members of the Board shall have  access  at  all
20    reasonable  times  to  any committed person and to his master
21    record file within the Department, and the  Department  shall
22    furnish  such  reports  to the Board as the Board may require
23    concerning the conduct and character of any such person.
24        (d)  In making its determination of parole, with  use  of
25    the  Parole  Release  Risk  Assessment Instruments, the Board
26    shall consider:
27             (1)  material transmitted to the Department  by  the
28        clerk  of  the  committing  court  under Section 5-4-1 or
29        Section 5-10 of the Juvenile Court Act or  Section  5-750
30        of the Juvenile Court Act of 1987;
31             (2)  the report under Section 3-8-2 or 3-10-2;
32             (3)  a  report  by  the Department and any report by
33        the chief administrative officer of  the  institution  or
34        facility;
 
                            -7-      LRB093 08154 RLC 08360 b
 1             (4)  a parole progress report;
 2             (5)  a   medical   and   psychological   report,  if
 3        requested by the Board;
 4             (6)  material in writing, or on film, video tape  or
 5        other  electronic  means  in  the  form  of  a  recording
 6        submitted by the person whose parole is being considered;
 7        and
 8             (7)  material  in writing, or on film, video tape or
 9        other electronic means in the  form  of  a  recording  or
10        testimony  submitted  by  the  State's  Attorney  and the
11        victim pursuant  to  the  Rights  of  Crime  Victims  and
12        Witnesses Act.
13        (e)  The  prosecuting  State's  Attorney's  office  shall
14    receive reasonable written notice not less than 15 days prior
15    to  the parole hearing and may submit relevant information in
16    writing, or on film, video tape or other electronic means  or
17    in   the   form   of   a  recording  to  the  Board  for  its
18    consideration.  The State's Attorney may  waive  the  written
19    notice.
20        (f)  The  victim  of  the  violent  crime  for  which the
21    prisoner has been sentenced shall receive notice of a  parole
22    hearing  as  provided  in  paragraph (4) of subsection (d) of
23    Section 4.5 of the Rights of Crime Victims and Witnesses Act.
24        (g)  Any recording considered  under  the  provisions  of
25    subsection  (d)(6), (d)(7) or (e) of this Section shall be in
26    the form designated by the Board.  Such  recording  shall  be
27    both  visual  and  aural.   Every  voice on the recording and
28    person present shall be identified and  the  recording  shall
29    contain  either  a  visual  or  aural statement of the person
30    submitting such recording, the date of the recording and  the
31    name   of  the  person  whose  parole  eligibility  is  being
32    considered.  Such recordings, if retained by the Board  shall
33    be deemed to be submitted at any subsequent parole hearing if
34    the   victim   or  State's  Attorney  submits  in  writing  a
 
                            -8-      LRB093 08154 RLC 08360 b
 1    declaration   clearly   identifying   such    recording    as
 2    representing  the  present  position of the victim or State's
 3    Attorney regarding the issues to be considered at the  parole
 4    hearing.
 5    (Source: P.A. 92-651, eff. 7-11-02.)

 6        (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
 7        Sec. 3-3-5.  Hearing and Determination.
 8        (a)  The  Prisoner  Review   Board shall meet as often as
 9    need requires to consider the cases of persons  eligible  for
10    parole.  Except  as  otherwise  provided  in paragraph (2) of
11    subsection (a) of Section 3-3-2 of  this  Act,  The  Prisoner
12    Review Board may meet and order its actions in panels of 3 or
13    more  members. The action of a majority of the panel shall be
14    the  action  of  the  Board.  In  consideration  of   persons
15    committed  to  the Juvenile Division, the panel shall have at
16    least a majority of members experienced in juvenile matters.
17        (b)  If the person under consideration for parole  is  in
18    the  custody of the Department, a panel of 3 members at least
19    one member of the Board shall interview him, and a report  of
20    that   interview   shall   be   available   for  the  Board's
21    consideration.  However, in the discretion of the Board,  the
22    interview  need not be conducted if a psychiatric examination
23    determines that the person could not meaningfully  contribute
24    to the Board's consideration. The Board may in its discretion
25    parole  a  person who is then outside the jurisdiction on his
26    record without an  interview.  The  Board  need  not  hold  a
27    hearing or interview a person who is paroled under paragraphs
28    (d)  or  (e) of this Section or released on Mandatory release
29    under Section 3-3-10.
30        (c)  Following the hearing the parole release panel shall
31    adjourn into a conference.  In  conference  the  panel  shall
32    discuss   all  evidence  and  testimony  received  and  shall
33    exchange views concerning the weight and  credibility  to  be
 
                            -9-      LRB093 08154 RLC 08360 b
 1    given  the  evidence  considered before application of Parole
 2    Release   Risk   Assessment   Instruments.   Following    the
 3    conference,  the  parole release panel shall total the scores
 4    of the Parole Release Risk Assessment Instrument.  A score of
 5    39 or less classifies the parole applicant as  an  acceptable
 6    risk,  and  parole  shall  be granted.  A score of 40 or more
 7    classifies the parole applicant as an unacceptable risk,  and
 8    parole  shall  be  denied unless the score is overridden by a
 9    majority  vote  of  the  panel.   When  parole  is  denied  a
10    rationale shall be prepared by at least  one  member  of  the
11    panel  that  states which elements of the Parole Release Risk
12    Assessment Instruments serve as the basis for denial and that
13    must  change  so  that  the  parole  applicant   becomes   an
14    Acceptable Risk. The Board shall arrive at the parole release
15    decision   based   on   use   of  objective  risk  assessment
16    instruments  and  as  an  exercise  of  grace  and  executing
17    discretion as limited and  defined  in  subsection  (b-5)  of
18    Section  3-3-8.  The  Board  shall parole persons receiving a
19    total score  of  39  or  less  on  the  Parole  Release  Risk
20    Assessment Instrument, and shall not parole those receiving a
21    score  of  40  or  more  unless  the score is overridden by a
22    majority vote of the parole release panel.
23        In determining whether to grant or deny parole, the Board
24    shall determine whether the parole applicant is an Acceptable
25    Risk, and  the  Instrument  it  uses  shall  include  factors
26    evident  from the inmate's prior history, committing offense,
27    institutional    adjustment,    and    parole    plan,    and
28    rehabilitation, as  contained  in  the  Parole  Release  Risk
29    Assessment Instrument as follows:
30    (1)  Total number of adjudications as a delinquent minor.
31          (A)  None.............................  Enter 0
32          (B)  One..............................  Enter 1
33          Two or more...........................  Enter 3   .....
34    (2)   Total number of prior probation/parole
 
                            -10-     LRB093 08154 RLC 08360 b
 1          /release revocations.
 2          (A)  one..............................  Enter 0
 3          (B)  Two or more......................  Enter 2   .....
 4    (3)   Record of convictions or adjudications
 5          for selected offenses (include current
 6          offense).
 7          (A)  None of the below................  Enter 0
 8          (B)  Forgery, deceptive practices.....  Enter 1
 9          (C)  Other property, assaultive, or
10               weapons offense..................  Enter 2
11          (D)  Burglary.........................  Enter 3   .....
12    (4)   Age at first conviction or
13          adjudication.
14          (A)  19 years or less.................  Enter 0
15          (B)  20-23 years......................  Enter 1
16          (C)  24 years or older................  Enter 2   .....
17    (5)   Compliance with the conditions of
18          the institution (Last 15 years).
19          (A)  Total major tickets 0-3..........  Enter 0
20          (B)  Total major tickets 4-10.........  Enter 2
21          (C)  Total tickets ll+ or any one of
22               these tickets (escape, gang
23               activity, murder/death,
24               dangerous disturbance, assault,
25               forced sexual, misconduct
26               or arson)........................  Enter 4   .....
27    (6)   Percent of time employed/in
28          training/in school-current (in
29          institution) or percent of time
30          employed/in training/in school
31          immediately prior to incarceration.
32          (A)  60% or more......................  Enter 0
33          (B)  40-59%...........................  Enter 1
34          (C)  Under 40%........................  Enter 2
 
                            -11-     LRB093 08154 RLC 08360 b
 1    (7)   Interpersonal problems in current
 2          and/or previous living situation.
 3          (A)  None.............................  Enter 0
 4          (B)  Few..............................  Enter 1
 5          (C)  Moderate.........................  Enter 3
 6          (D)  Severe...........................  Enter 5   .....
 7    (8)   Social interaction.
 8          (A)  Mainly with non-gang or
 9               non-criminally oriented
10               groups/individuals...............  Enter 0
11          (B)  Mainly with gang or criminally
12               oriented groups/individuals        Enter 3   .....
13    (9)   Counselor's appraisal of inmate's
14          attitude.
15          (A)  Sincere desire to behave
16               responsibly......................  Enter 0
17          (B)  Dependent or irresponsible.......  Enter 3
18          (C)  No indication of motivation to
19               behave responsibly...............  Enter 5   .....
20    (10)  Likelihood of basic human needs
21          after release.
22          (A)  Adequate food, shelter, and
23               clothing for inmate and
24               dependents is likely.............  Enter 0
25          (B)  Appropriate referrals for
26               assistance in ensuring that basic
27               needs are satisfied will be needed
28               - follow-up will be necessary....  Enter 3
29          (C)  Critical Problems - inmate and
30               dependents will lack basic life
31               essentials - urgent referral and
32               monitoring will be necessary.....  Enter 7   .....
33    (11)  Likelihood of living arrangements
34               after release.
 
                            -12-     LRB093 08154 RLC 08360 b
 1          (A)  Stable and supportive relationships
 2               with family or others in living
 3               group is likely..................  Enter 0
 4          (B)  Inmate likely to live alone or
 5               independently within another
 6               household........................  Enter 1
 7          (C)  Inmate likely to experience
 8               occasional, moderate
 9               interpersonal problems with
10               living group.....................  Enter 3
11          (D)  Inmate likely to experience
12          frequent and serious interpersonal
13          problems within living group..........  Enter 6   .....
14    (12)  Emotional stability.
15          (A)  no symptoms of emotional
16               instability, appropriate
17               emotional responses..............  Enter 0
18          (B)  Symptoms limit, but do not
19               prohibit adequate functions, e.g.,
20               excessive anxiety................  Enter 4   .....
21          (C)  Symptoms prohibit adequate
22          functioning, e.g., lashes out or
23          retreats into self....................  Enter 8   .....
24    (13)  Mental capacity.
25          (A)  No documented mental retardation,
26          learning disability, or other
27          developmental disability..............  Enter 0
28          (B)  Documented mental retardation,
29          learning disability, or other
30          developmental disability..............  Enter 6   .....
31    (14)  History of and/or current substance
32          abuse (alcohol or drugs).
33          (A)  No evidence of problems related
34          to substance abuse....................  Enter 0
 
                            -13-     LRB093 08154 RLC 08360 b
 1          (B)  Evidence of a pattern of substance
 2          abuse indicates a counseling/monitoring
 3          and/or referral need required.........  Enter 4   .....
 4          (C)  Evidence of serious substance
 5          abuse problems - intensive casework
 6          services..............................  Enter 7   .....
 7    (15)  Academic and/or vocational.
 8          (A)  Inmate likely to have stable
 9               employment and/or academic-
10               vocational training, no apparent
11               casework service need or inmate
12               and dependents supported by other
13               legitimate means (Social Security,
14               Public Aid, etc.)................  Enter 0
15          (B)  It is likely that vocational
16          advancement and/or training referral
17          assistance needs apparent and
18               desired by inmate; brokerage
19               services likely to be indicated
20               and/or utilized..................  Enter 3
21          (C)  Inmate is likely to be resistant
22               to vocational-academic case work
23               services and/or to rely upon
24               inappropriate or illegal means of
25               support..........................  Enter 7   .....
26    (16)  Counselor's impression of inmate needs.
27          (A)  Low casework service needs.......  Enter 1
28          (B)  Medium casework service needs....  Enter 4
29          (C)  High casework service needs......  Enter 7   .....
30    The Board shall not parole a person eligible for
31    parole if it determines that:
32             (1)  there  is  a  substantial risk that he will not
33        conform to reasonable conditions of parole; or
34             (2)  his release at that time  would  deprecate  the
 
                            -14-     LRB093 08154 RLC 08360 b
 1        seriousness  of his offense or promote disrespect for the
 2        law; or
 3             (3)  his release would have a substantially  adverse
 4        effect on institutional discipline.
 5        (d)  A  person  committed under the Juvenile Court Act or
 6    the Juvenile Court Act  of  1987  who  has  not  been  sooner
 7    released  shall  be paroled on or before his 20th birthday to
 8    begin serving a period of parole under Section 3-3-8.
 9        (e)  A  person  who  has  served  the  maximum  term   of
10    imprisonment  imposed  at  the  time  of sentencing less time
11    credit for good behavior shall be released on parole to serve
12    a period of parole under Section 5-8-1.
13        (f)  The Board shall render its decision within 21 days a
14    reasonable time after  hearing  and  shall  state  the  basis
15    therefor  both  in  the  records  of the Board and in written
16    notice to the person on whose application it  has  acted.  In
17    its  decision,  the  Board  shall  set  the person's time for
18    parole, or if  it  denies  parole  it  shall  provide  for  a
19    rehearing  not  less  frequently than once every year, except
20    that  the  Board  may,  after  denying  parole,  schedule   a
21    rehearing  no  later than 3 years from the date of the parole
22    denial, if the Board finds  that  it  is  not  reasonable  to
23    expect that parole would be granted at a hearing prior to the
24    scheduled rehearing date. If the Board shall parole a person,
25    and,  if he is not released within 90 days from the effective
26    date of the  order  granting  parole,  the  matter  shall  be
27    returned to the Board for review.
28        (g)  The  Board shall maintain a registry of decisions in
29    which parole has been granted, which shall include  the  name
30    and case number of the prisoner, the highest charge for which
31    the  prisoner  was sentenced, the length of sentence imposed,
32    the date of the sentence, the date of the parole,  the  basis
33    for the decision of the Board to grant parole and the vote of
34    the  Board on any such decisions.  The registry shall be made
 
                            -15-     LRB093 08154 RLC 08360 b
 1    available for public inspection and copying  during  business
 2    hours and shall be a public record pursuant to the provisions
 3    of the Freedom of Information Act.
 4        (h)  The  Board  shall  promulgate  rules  regarding  the
 5    exercise of its discretion under this Section.
 6    (Source: P.A. 91-798, eff. 7-9-00; 91-946, eff. 2-9-01.)

 7        (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
 8        Sec.  3-3-8.   Length  of parole and mandatory supervised
 9    release; discharge.)
10        (a)  The length of parole for a  person  sentenced  under
11    the  law  in  effect  prior  to  the  effective  date of this
12    amendatory Act of 1977 and the length of mandatory supervised
13    release for those sentenced under the law in  effect  on  and
14    after  such  effective  date  shall  be as set out in Section
15    5-8-1 unless sooner terminated under paragraph  (b)  of  this
16    Section.  The  term of parole or mandatory supervised release
17    shall begin to run as of the date the Prisoner  Review  Board
18    votes  to  release such person on parole or the date on which
19    such person is no longer imprisoned, which ever  is  earlier.
20    The  parole  period of a juvenile committed to the Department
21    under the Juvenile Court Act or the  Juvenile  Court  Act  of
22    1987  shall  extend until he is 21 years of age unless sooner
23    terminated under paragraph (b) of this Section.
24        (b)  The  Prisoner  Review  Board  may  enter  an   order
25    releasing  and  discharging  one  from  parole  or  mandatory
26    supervised  release,  and  his  commitment to the Department,
27    when it determines that he is likely  to  remain  at  liberty
28    without committing another offense.
29        (b-5)  The  Prisoner  Review  Board  shall enter an order
30    releasing  a  person  who  is  eligible   for   parole   from
31    confinement   in  a  correctional  institution  or  facility,
32    regardless of the Parole Risk Assessment Instruments,  if  in
33    the  assessment  of a physician licensed to practice medicine
 
                            -16-     LRB093 08154 RLC 08360 b
 1    in all of its branches the person is terminally ill and would
 2    not pose a threat of causing death or great bodily injury  to
 3    another person if released.
 4        (c)  The  order  of discharge shall become effective upon
 5    entry of the order of the Board.  The Board shall notify  the
 6    clerk  of the committing court of the order.  Upon receipt of
 7    such copy, the clerk  shall  make  an  entry  on  the  record
 8    judgment  that  the sentence or commitment has been satisfied
 9    pursuant to the order.
10        (d)  Rights of the person discharged under  this  Section
11    shall  be  restored  under  Section  5-5-5.   This Section is
12    subject to Section 5-750 of the Juvenile Court Act of 1987.
13    (Source: P.A. 90-590, eff. 1-1-99.)

14        (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
15        Sec. 5-8-1. Sentence of Imprisonment for Felony.
16        (a)  Except as otherwise provided in the statute defining
17    the offense, a sentence of imprisonment for a felony shall be
18    a determinate sentence set by the court under  this  Section,
19    according to the following limitations:
20             (1)  for first degree murder,
21                  (a)  a term shall be not less than 20 years and
22             not more than 60 years, or
23                  (b)  if   a   trier  of  fact  finds  beyond  a
24             reasonable doubt that the murder was accompanied  by
25             exceptionally  brutal or heinous behavior indicative
26             of  wanton  cruelty  or,  except  as  set  forth  in
27             subsection (a)(1)(c) of this Section,  that  any  of
28             the  aggravating factors listed in subsection (b) of
29             Section  9-1  of  the  Criminal  Code  of  1961  are
30             present, the court may sentence the defendant  to  a
31             term of natural life imprisonment, or
32                  (c)  the  court shall sentence the defendant to
33             a term of natural life imprisonment when  the  death
 
                            -17-     LRB093 08154 RLC 08360 b
 1             penalty is not imposed if the defendant,
 2                       (i)  has   previously  been  convicted  of
 3                  first degree murder under any state or  federal
 4                  law, or
 5                       (ii)  is  a person who, at the time of the
 6                  commission of the murder, had attained the  age
 7                  of  17 or more and is found guilty of murdering
 8                  an  individual  under  12  years  of  age;  or,
 9                  irrespective of the defendant's age at the time
10                  of the commission  of  the  offense,  is  found
11                  guilty of murdering more than one victim, or
12                       (iii)  is  found  guilty  of  murdering  a
13                  peace officer or fireman when the peace officer
14                  or   fireman   was  killed  in  the  course  of
15                  performing his official duties, or  to  prevent
16                  the  peace  officer  or fireman from performing
17                  his official duties, or in retaliation for  the
18                  peace   officer   or   fireman  performing  his
19                  official duties,  and  the  defendant  knew  or
20                  should  have known that the murdered individual
21                  was a peace officer or fireman, or
22                       (iv)  is  found  guilty  of  murdering  an
23                  employee of an institution or facility  of  the
24                  Department of Corrections, or any similar local
25                  correctional  agency,  when  the  employee  was
26                  killed in the course of performing his official
27                  duties,   or   to  prevent  the  employee  from
28                  performing   his   official   duties,   or   in
29                  retaliation for  the  employee  performing  his
30                  official duties, or
31                       (v)  is   found  guilty  of  murdering  an
32                  emergency  medical  technician   -   ambulance,
33                  emergency  medical  technician  - intermediate,
34                  emergency  medical  technician   -   paramedic,
 
                            -18-     LRB093 08154 RLC 08360 b
 1                  ambulance driver or other medical assistance or
 2                  first   aid   person   while   employed   by  a
 3                  municipality or other  governmental  unit  when
 4                  the   person   was  killed  in  the  course  of
 5                  performing official duties or  to  prevent  the
 6                  person  from  performing  official duties or in
 7                  retaliation for performing official duties  and
 8                  the  defendant  knew  or should have known that
 9                  the  murdered  individual  was   an   emergency
10                  medical   technician   -  ambulance,  emergency
11                  medical technician  -  intermediate,  emergency
12                  medical   technician   -  paramedic,  ambulance
13                  driver, or other medical assistant or first aid
14                  personnel, or
15                       (vi)  is a person who, at the time of  the
16                  commission  of the murder, had not attained the
17                  age of 17, and is found guilty of  murdering  a
18                  person  under 12 years of age and the murder is
19                  committed  during  the  course  of   aggravated
20                  criminal   sexual   assault,   criminal  sexual
21                  assault, or aggravated kidnaping, or
22                       (vii)  is found  guilty  of  first  degree
23                  murder  and  the murder was committed by reason
24                  of  any  person's  activity  as   a   community
25                  policing  volunteer  or  to  prevent any person
26                  from  engaging  in  activity  as  a   community
27                  policing  volunteer.   For  the purpose of this
28                  Section, "community policing volunteer" has the
29                  meaning ascribed to it in Section 2-3.5 of  the
30                  Criminal Code of 1961.
31                  For  purposes of clause (v), "emergency medical
32             technician   -   ambulance",   "emergency    medical
33             technician   -   intermediate",  "emergency  medical
34             technician - paramedic", have the meanings  ascribed
 
                            -19-     LRB093 08154 RLC 08360 b
 1             to  them  in  the  Emergency  Medical Services (EMS)
 2             Systems Act.
 3                  (d) (i)  if the person  committed  the  offense
 4                  while  armed  with a firearm, 15 years shall be
 5                  added to the term of  imprisonment  imposed  by
 6                  the court;
 7                       (ii)  if,  during  the  commission  of the
 8                  offense, the  person  personally  discharged  a
 9                  firearm, 20 years shall be added to the term of
10                  imprisonment imposed by the court;
11                       (iii)  if,  during  the  commission of the
12                  offense, the  person  personally  discharged  a
13                  firearm  that  proximately  caused great bodily
14                  harm,    permanent    disability,     permanent
15                  disfigurement,  or  death to another person, 25
16                  years or up to a term of natural life shall  be
17                  added  to  the  term of imprisonment imposed by
18                  the court.
19             (1.5)  for second degree murder, a term shall be not
20        less than 4 years and not more than 20 years;
21             (2)  for a person adjudged a habitual criminal under
22        Article 33B of the Criminal Code of 1961, as amended, the
23        sentence shall be a term of natural life imprisonment;
24             (2.5)  for   a   person    convicted    under    the
25        circumstances  described  in  paragraph (3) of subsection
26        (b) of Section 12-13, paragraph (2) of subsection (d)  of
27        Section  12-14,  paragraph  (1.2)  of  subsection  (b) of
28        Section 12-14.1, or paragraph (2) of  subsection  (b)  of
29        Section  12-14.1  of  the  Criminal  Code  of  1961,  the
30        sentence shall be a term of natural life imprisonment;
31             (3)  except  as  otherwise  provided  in the statute
32        defining the offense, for a Class X felony, the  sentence
33        shall  be  not  less  than  6  years and not more than 30
34        years;
 
                            -20-     LRB093 08154 RLC 08360 b
 1             (4)  for a Class 1 felony, other than second  degree
 2        murder,  the  sentence shall be not less than 4 years and
 3        not more than 15 years;
 4             (5)  for a Class 2 felony, the sentence shall be not
 5        less than 3 years and not more than 7 years;
 6             (6)  for a Class 3 felony, the sentence shall be not
 7        less than 2 years and not more than 5 years;
 8             (7)  for a Class 4 felony, the sentence shall be not
 9        less than 1 year and not more than 3 years.
10        (b)  The sentencing judge in each felony conviction shall
11    set forth his reasons for imposing the particular sentence he
12    enters in the case, as provided  in  Section  5-4-1  of  this
13    Code.    Those   reasons   may   include  any  mitigating  or
14    aggravating factors specified in this Code, or  the  lack  of
15    any  such circumstances, as well as any other such factors as
16    the judge shall set forth on the record that  are  consistent
17    with  the  purposes  and  principles of sentencing set out in
18    this Code.
19        (c)  A motion to reduce a sentence may be  made,  or  the
20    court  may  reduce  a sentence without motion, within 30 days
21    after the sentence is imposed.  A  defendant's  challenge  to
22    the  correctness  of  a  sentence  or  to  any  aspect of the
23    sentencing hearing shall be made by a  written  motion  filed
24    within   30   days  following  the  imposition  of  sentence.
25    However, the court may not increase a  sentence  once  it  is
26    imposed.
27        If  a  motion filed pursuant to this subsection is timely
28    filed within 30 days  after  the  sentence  is  imposed,  the
29    proponent  of  the  motion  shall  exercise  due diligence in
30    seeking a determination on the motion  and  the  court  shall
31    thereafter decide such motion within a reasonable time.
32        If  a  motion filed pursuant to this subsection is timely
33    filed within 30 days after the sentence is imposed, then  for
34    purposes  of perfecting an appeal, a final judgment shall not
 
                            -21-     LRB093 08154 RLC 08360 b
 1    be considered to have been entered until the motion to reduce
 2    a sentence has been decided by order  entered  by  the  trial
 3    court.
 4        A  motion  filed pursuant to this subsection shall not be
 5    considered to have been timely filed unless it is filed  with
 6    the  circuit court clerk within 30 days after the sentence is
 7    imposed together with a notice of  motion,  which  notice  of
 8    motion shall set the motion on the court's calendar on a date
 9    certain within a reasonable time after the date of filing.
10        (d)  Except  where  a  term  of  natural life is imposed,
11    every sentence shall include as though written therein a term
12    in addition to the term of imprisonment. For those  sentenced
13    under  the law in effect prior to February 1, 1978, such term
14    shall be identified as a parole term.  For those sentenced on
15    or after February 1, 1978, such term shall be identified as a
16    mandatory  supervised  release  term.   Subject  to   earlier
17    termination  under  Section  3-3-8,  the  parole or mandatory
18    supervised release term shall be as follows:
19             (1)  for first degree murder or a Class X felony,  3
20        years;
21             (2)  for  a  Class  1  felony or a Class 2 felony, 2
22        years;
23             (3)  for a Class 3 felony or a  Class  4  felony,  1
24        year;
25             (4)  if  the  victim is under 18 years of age, for a
26        second or subsequent offense of criminal  sexual  assault
27        or  aggravated criminal sexual assault, 5 years, at least
28        the first 2 years of which the defendant shall  serve  in
29        an  electronic home detention program under Article 8A of
30        Chapter V of this Code;
31             (5)  if the victim is under 18 years of age,  for  a
32        second  or  subsequent  offense  of  aggravated  criminal
33        sexual abuse or felony criminal sexual abuse, 4 years, at
34        least  the  first  2  years  of which the defendant shall
 
                            -22-     LRB093 08154 RLC 08360 b
 1        serve in  an  electronic  home  detention  program  under
 2        Article 8A of Chapter V of this Code.
 3        The  term of parole or mandatory supervised release shall
 4    begin to run as of the date the Prisoner Review  Board  votes
 5    to  release  such  person on parole or the date on which such
 6    person is no longer imprisoned, which ever is earlier.
 7        (e)  A  defendant  who  has  a  previous  and   unexpired
 8    sentence  of  imprisonment imposed by another state or by any
 9    district court of the United States and who,  after  sentence
10    for  a  crime in Illinois, must return to serve the unexpired
11    prior sentence may have his sentence by  the  Illinois  court
12    ordered to be concurrent with the prior sentence in the other
13    state.  The  court  may  order  that  any  time served on the
14    unexpired portion of the sentence in the other  state,  prior
15    to  his return to Illinois, shall be credited on his Illinois
16    sentence. The other state shall be furnished with a  copy  of
17    the  order  imposing  sentence which shall provide that, when
18    the offender is released from confinement of the other state,
19    whether by parole or by termination of sentence, the offender
20    shall be transferred by the Sheriff of the committing  county
21    to  the  Illinois  Department of Corrections. The court shall
22    cause the Department of Corrections to be  notified  of  such
23    sentence  at  the  time of commitment and to be provided with
24    copies of all records regarding the sentence.
25        (f)  A  defendant  who  has  a  previous  and   unexpired
26    sentence of imprisonment imposed by an Illinois circuit court
27    for  a  crime in this State and who is subsequently sentenced
28    to a term of imprisonment by another state or by any district
29    court of the United States and  who  has  served  a  term  of
30    imprisonment  imposed by the other state or district court of
31    the United States, and must  return to  serve  the  unexpired
32    prior  sentence  imposed  by  the  Illinois Circuit Court may
33    apply to  the  court  which  imposed  sentence  to  have  his
34    sentence reduced.
 
                            -23-     LRB093 08154 RLC 08360 b
 1        The  circuit  court may order that any time served on the
 2    sentence imposed by the other state or district court of  the
 3    United  States  be  credited  on  his Illinois sentence. Such
 4    application  for   reduction  of  a   sentence   under   this
 5    subsection  (f)  shall  be  made  within  30  days  after the
 6    defendant has completed the sentence  imposed  by  the  other
 7    state or district court of the United States.
 8    (Source: P.A.  91-279,  eff.  1-1-00;  91-404,  eff.  1-1-00;
 9    91-953, eff. 2-23-01; 92-16, eff. 6-28-01.)

10        Section  99.  Effective date.  This Act takes effect July
11    1, 2003.