96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1147

 

Introduced 2/11/2009, by Rep. Harry R. Ramey, Jr.

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-2-2   from Ch. 38, par. 1003-2-2
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
730 ILCS 5/3-3-8   from Ch. 38, par. 1003-3-8

    Amends the Unified Code of Corrections. Provides that the Illinois Department of Corrections (IDOC) shall enter into a Memorandum of Understanding (MOU) with the U.S. Immigration and Customs Enforcement (ICE) which authorizes the Secretary of the U.S. Department of Homeland Security to enter into written agreements with a state or any political subdivision of a state to remove an alien in the custody of that state. Provides that the purpose of the MOU is to set forth terms by which ICE and IDOC will cooperate in a Rapid Removal of Eligible Parolees Accepted for Transfer ("Rapid REPAT") program, which allows for early conditional release for deportation of removable custodial aliens to their home countries. Provides that the Prisoner Review Board shall hear by at least one member and, through a panel of at least 3 members, decide all requests for release of prisoners subject to detainers filed by the United States Department of Homeland Security, Immigration and Customs Enforcement, or its successor.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Unified Code of Corrections is amended by
5 changing Sections 3-2-2, 3-3-2, 3-3-3, and 3-3-8 as follows:
 
6     (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
7     Sec. 3-2-2. Powers and Duties of the Department.
8     (1) In addition to the powers, duties and responsibilities
9 which are otherwise provided by law, the Department shall have
10 the following powers:
11         (a) To accept persons committed to it by the courts of
12     this State for care, custody, treatment and
13     rehabilitation, and to accept federal prisoners and aliens
14     over whom the Office of the Federal Detention Trustee is
15     authorized to exercise the federal detention function for
16     limited purposes and periods of time.
17         (b) To develop and maintain reception and evaluation
18     units for purposes of analyzing the custody and
19     rehabilitation needs of persons committed to it and to
20     assign such persons to institutions and programs under its
21     control or transfer them to other appropriate agencies. In
22     consultation with the Department of Alcoholism and
23     Substance Abuse (now the Department of Human Services), the

 

 

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1     Department of Corrections shall develop a master plan for
2     the screening and evaluation of persons committed to its
3     custody who have alcohol or drug abuse problems, and for
4     making appropriate treatment available to such persons;
5     the Department shall report to the General Assembly on such
6     plan not later than April 1, 1987. The maintenance and
7     implementation of such plan shall be contingent upon the
8     availability of funds.
9         (b-1) To create and implement, on January 1, 2002, a
10     pilot program to establish the effectiveness of
11     pupillometer technology (the measurement of the pupil's
12     reaction to light) as an alternative to a urine test for
13     purposes of screening and evaluating persons committed to
14     its custody who have alcohol or drug problems. The pilot
15     program shall require the pupillometer technology to be
16     used in at least one Department of Corrections facility.
17     The Director may expand the pilot program to include an
18     additional facility or facilities as he or she deems
19     appropriate. A minimum of 4,000 tests shall be included in
20     the pilot program. The Department must report to the
21     General Assembly on the effectiveness of the program by
22     January 1, 2003.
23         (b-5) To develop, in consultation with the Department
24     of State Police, a program for tracking and evaluating each
25     inmate from commitment through release for recording his or
26     her gang affiliations, activities, or ranks.

 

 

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1         (c) To maintain and administer all State correctional
2     institutions and facilities under its control and to
3     establish new ones as needed. Pursuant to its power to
4     establish new institutions and facilities, the Department
5     may, with the written approval of the Governor, authorize
6     the Department of Central Management Services to enter into
7     an agreement of the type described in subsection (d) of
8     Section 405-300 of the Department of Central Management
9     Services Law (20 ILCS 405/405-300). The Department shall
10     designate those institutions which shall constitute the
11     State Penitentiary System.
12         Pursuant to its power to establish new institutions and
13     facilities, the Department may authorize the Department of
14     Central Management Services to accept bids from counties
15     and municipalities for the construction, remodeling or
16     conversion of a structure to be leased to the Department of
17     Corrections for the purposes of its serving as a
18     correctional institution or facility. Such construction,
19     remodeling or conversion may be financed with revenue bonds
20     issued pursuant to the Industrial Building Revenue Bond Act
21     by the municipality or county. The lease specified in a bid
22     shall be for a term of not less than the time needed to
23     retire any revenue bonds used to finance the project, but
24     not to exceed 40 years. The lease may grant to the State
25     the option to purchase the structure outright.
26         Upon receipt of the bids, the Department may certify

 

 

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1     one or more of the bids and shall submit any such bids to
2     the General Assembly for approval. Upon approval of a bid
3     by a constitutional majority of both houses of the General
4     Assembly, pursuant to joint resolution, the Department of
5     Central Management Services may enter into an agreement
6     with the county or municipality pursuant to such bid.
7         (c-5) To build and maintain regional juvenile
8     detention centers and to charge a per diem to the counties
9     as established by the Department to defray the costs of
10     housing each minor in a center. In this subsection (c-5),
11     "juvenile detention center" means a facility to house
12     minors during pendency of trial who have been transferred
13     from proceedings under the Juvenile Court Act of 1987 to
14     prosecutions under the criminal laws of this State in
15     accordance with Section 5-805 of the Juvenile Court Act of
16     1987, whether the transfer was by operation of law or
17     permissive under that Section. The Department shall
18     designate the counties to be served by each regional
19     juvenile detention center.
20         (d) To develop and maintain programs of control,
21     rehabilitation and employment of committed persons within
22     its institutions.
23         (d-5) To provide a pre-release job preparation program
24     for inmates at Illinois adult correctional centers.
25         (e) To establish a system of supervision and guidance
26     of committed persons in the community.

 

 

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1         (f) To establish in cooperation with the Department of
2     Transportation to supply a sufficient number of prisoners
3     for use by the Department of Transportation to clean up the
4     trash and garbage along State, county, township, or
5     municipal highways as designated by the Department of
6     Transportation. The Department of Corrections, at the
7     request of the Department of Transportation, shall furnish
8     such prisoners at least annually for a period to be agreed
9     upon between the Director of Corrections and the Director
10     of Transportation. The prisoners used on this program shall
11     be selected by the Director of Corrections on whatever
12     basis he deems proper in consideration of their term,
13     behavior and earned eligibility to participate in such
14     program - where they will be outside of the prison facility
15     but still in the custody of the Department of Corrections.
16     Prisoners convicted of first degree murder, or a Class X
17     felony, or armed violence, or aggravated kidnapping, or
18     criminal sexual assault, aggravated criminal sexual abuse
19     or a subsequent conviction for criminal sexual abuse, or
20     forcible detention, or arson, or a prisoner adjudged a
21     Habitual Criminal shall not be eligible for selection to
22     participate in such program. The prisoners shall remain as
23     prisoners in the custody of the Department of Corrections
24     and such Department shall furnish whatever security is
25     necessary. The Department of Transportation shall furnish
26     trucks and equipment for the highway cleanup program and

 

 

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1     personnel to supervise and direct the program. Neither the
2     Department of Corrections nor the Department of
3     Transportation shall replace any regular employee with a
4     prisoner.
5         (g) To maintain records of persons committed to it and
6     to establish programs of research, statistics and
7     planning.
8         (h) To investigate the grievances of any person
9     committed to the Department, to inquire into any alleged
10     misconduct by employees or committed persons, and to
11     investigate the assets of committed persons to implement
12     Section 3-7-6 of this Code; and for these purposes it may
13     issue subpoenas and compel the attendance of witnesses and
14     the production of writings and papers, and may examine
15     under oath any witnesses who may appear before it; to also
16     investigate alleged violations of a parolee's or
17     releasee's conditions of parole or release; and for this
18     purpose it may issue subpoenas and compel the attendance of
19     witnesses and the production of documents only if there is
20     reason to believe that such procedures would provide
21     evidence that such violations have occurred.
22         If any person fails to obey a subpoena issued under
23     this subsection, the Director may apply to any circuit
24     court to secure compliance with the subpoena. The failure
25     to comply with the order of the court issued in response
26     thereto shall be punishable as contempt of court.

 

 

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1         (i) To appoint and remove the chief administrative
2     officers, and administer programs of training and
3     development of personnel of the Department. Personnel
4     assigned by the Department to be responsible for the
5     custody and control of committed persons or to investigate
6     the alleged misconduct of committed persons or employees or
7     alleged violations of a parolee's or releasee's conditions
8     of parole shall be conservators of the peace for those
9     purposes, and shall have the full power of peace officers
10     outside of the facilities of the Department in the
11     protection, arrest, retaking and reconfining of committed
12     persons or where the exercise of such power is necessary to
13     the investigation of such misconduct or violations.
14         (j) To cooperate with other departments and agencies
15     and with local communities for the development of standards
16     and programs for better correctional services in this
17     State.
18         (k) To administer all moneys and properties of the
19     Department.
20         (l) To report annually to the Governor on the committed
21     persons, institutions and programs of the Department.
22         (l-5) In a confidential annual report to the Governor,
23     the Department shall identify all inmate gangs by
24     specifying each current gang's name, population and allied
25     gangs. The Department shall further specify the number of
26     top leaders identified by the Department for each gang

 

 

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1     during the past year, and the measures taken by the
2     Department to segregate each leader from his or her gang
3     and allied gangs. The Department shall further report the
4     current status of leaders identified and segregated in
5     previous years. All leaders described in the report shall
6     be identified by inmate number or other designation to
7     enable tracking, auditing, and verification without
8     revealing the names of the leaders. Because this report
9     contains law enforcement intelligence information
10     collected by the Department, the report is confidential and
11     not subject to public disclosure.
12         (m) To make all rules and regulations and exercise all
13     powers and duties vested by law in the Department.
14         (n) To establish rules and regulations for
15     administering a system of good conduct credits,
16     established in accordance with Section 3-6-3, subject to
17     review by the Prisoner Review Board.
18         (o) To administer the distribution of funds from the
19     State Treasury to reimburse counties where State penal
20     institutions are located for the payment of assistant
21     state's attorneys' salaries under Section 4-2001 of the
22     Counties Code.
23         (p) To exchange information with the Department of
24     Human Services and the Department of Healthcare and Family
25     Services for the purpose of verifying living arrangements
26     and for other purposes directly connected with the

 

 

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1     administration of this Code and the Illinois Public Aid
2     Code.
3         (q) To establish a diversion program.
4         The program shall provide a structured environment for
5     selected technical parole or mandatory supervised release
6     violators and committed persons who have violated the rules
7     governing their conduct while in work release. This program
8     shall not apply to those persons who have committed a new
9     offense while serving on parole or mandatory supervised
10     release or while committed to work release.
11         Elements of the program shall include, but shall not be
12     limited to, the following:
13             (1) The staff of a diversion facility shall provide
14         supervision in accordance with required objectives set
15         by the facility.
16             (2) Participants shall be required to maintain
17         employment.
18             (3) Each participant shall pay for room and board
19         at the facility on a sliding-scale basis according to
20         the participant's income.
21             (4) Each participant shall:
22                 (A) provide restitution to victims in
23             accordance with any court order;
24                 (B) provide financial support to his
25             dependents; and
26                 (C) make appropriate payments toward any other

 

 

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1             court-ordered obligations.
2             (5) Each participant shall complete community
3         service in addition to employment.
4             (6) Participants shall take part in such
5         counseling, educational and other programs as the
6         Department may deem appropriate.
7             (7) Participants shall submit to drug and alcohol
8         screening.
9             (8) The Department shall promulgate rules
10         governing the administration of the program.
11         (r) To enter into intergovernmental cooperation
12     agreements under which persons in the custody of the
13     Department may participate in a county impact
14     incarceration program established under Section 3-6038 or
15     3-15003.5 of the Counties Code.
16         (r-5) (Blank).
17         (r-10) To systematically and routinely identify with
18     respect to each streetgang active within the correctional
19     system: (1) each active gang; (2) every existing inter-gang
20     affiliation or alliance; and (3) the current leaders in
21     each gang. The Department shall promptly segregate leaders
22     from inmates who belong to their gangs and allied gangs.
23     "Segregate" means no physical contact and, to the extent
24     possible under the conditions and space available at the
25     correctional facility, prohibition of visual and sound
26     communication. For the purposes of this paragraph (r-10),

 

 

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1     "leaders" means persons who:
2             (i) are members of a criminal streetgang;
3             (ii) with respect to other individuals within the
4         streetgang, occupy a position of organizer,
5         supervisor, or other position of management or
6         leadership; and
7             (iii) are actively and personally engaged in
8         directing, ordering, authorizing, or requesting
9         commission of criminal acts by others, which are
10         punishable as a felony, in furtherance of streetgang
11         related activity both within and outside of the
12         Department of Corrections.
13     "Streetgang", "gang", and "streetgang related" have the
14     meanings ascribed to them in Section 10 of the Illinois
15     Streetgang Terrorism Omnibus Prevention Act.
16         (s) To operate a super-maximum security institution,
17     in order to manage and supervise inmates who are disruptive
18     or dangerous and provide for the safety and security of the
19     staff and the other inmates.
20         (t) To monitor any unprivileged conversation or any
21     unprivileged communication, whether in person or by mail,
22     telephone, or other means, between an inmate who, before
23     commitment to the Department, was a member of an organized
24     gang and any other person without the need to show cause or
25     satisfy any other requirement of law before beginning the
26     monitoring, except as constitutionally required. The

 

 

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1     monitoring may be by video, voice, or other method of
2     recording or by any other means. As used in this
3     subdivision (1)(t), "organized gang" has the meaning
4     ascribed to it in Section 10 of the Illinois Streetgang
5     Terrorism Omnibus Prevention Act.
6         As used in this subdivision (1)(t), "unprivileged
7     conversation" or "unprivileged communication" means a
8     conversation or communication that is not protected by any
9     privilege recognized by law or by decision, rule, or order
10     of the Illinois Supreme Court.
11         (u) To establish a Women's and Children's Pre-release
12     Community Supervision Program for the purpose of providing
13     housing and services to eligible female inmates, as
14     determined by the Department, and their newborn and young
15     children.
16         (v) To do all other acts necessary to carry out the
17     provisions of this Chapter.
18     (2) The Department of Corrections shall by January 1, 1998,
19 consider building and operating a correctional facility within
20 100 miles of a county of over 2,000,000 inhabitants, especially
21 a facility designed to house juvenile participants in the
22 impact incarceration program.
23     (3) When the Department lets bids for contracts for medical
24 services to be provided to persons committed to Department
25 facilities by a health maintenance organization, medical
26 service corporation, or other health care provider, the bid may

 

 

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1 only be let to a health care provider that has obtained an
2 irrevocable letter of credit or performance bond issued by a
3 company whose bonds are rated AAA by a bond rating
4 organization.
5     (4) When the Department lets bids for contracts for food or
6 commissary services to be provided to Department facilities,
7 the bid may only be let to a food or commissary services
8 provider that has obtained an irrevocable letter of credit or
9 performance bond issued by a company whose bonds are rated AAA
10 by a bond rating organization.
11     (5) The Illinois Department of Corrections (IDOC) shall
12 enter into a Memorandum of Understanding (MOU) with the U.S.
13 Immigration and Customs Enforcement (ICE), pursuant to Section
14 241 (a) of the Immigration and Nationality Act, codified at 8
15 U.S.C. Section 1231 (a), as amended by the Homeland Security
16 Act of 2002, Public Law No. 107-296 as codified at 6 U.S.C.
17 Sections 131-134 which authorizes the Secretary of the
18 Department of Homeland Security to enter into written
19 agreements with a state or any political subdivision of a state
20 to remove an alien in the custody of that state. The purpose of
21 the MOU is to set forth terms by which ICE and IDOC will
22 cooperate in a Rapid Removal of Eligible Parolees Accepted for
23 Transfer ("Rapid REPAT") program, which allows for early
24 conditional release for deportation of removable custodial
25 aliens to their home countries.
26 (Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06;

 

 

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1 94-1067, eff. 8-1-06.)
 
2     (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
3     Sec. 3-3-2. Powers and Duties.
4     (a) The Parole and Pardon Board is abolished and the term
5 "Parole and Pardon Board" as used in any law of Illinois, shall
6 read "Prisoner Review Board." After the effective date of this
7 amendatory Act of 1977, the Prisoner Review Board shall provide
8 by rule for the orderly transition of all files, records, and
9 documents of the Parole and Pardon Board and for such other
10 steps as may be necessary to effect an orderly transition and
11 shall:
12         (1) hear by at least one member and through a panel of
13     at least 3 members decide, cases of prisoners who were
14     sentenced under the law in effect prior to the effective
15     date of this amendatory Act of 1977, and who are eligible
16     for parole;
17         (2) hear by at least one member and through a panel of
18     at least 3 members decide, the conditions of parole and the
19     time of discharge from parole, impose sanctions for
20     violations of parole, and revoke parole for those sentenced
21     under the law in effect prior to this amendatory Act of
22     1977; provided that the decision to parole and the
23     conditions of parole for all prisoners who were sentenced
24     for first degree murder or who received a minimum sentence
25     of 20 years or more under the law in effect prior to

 

 

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1     February 1, 1978 shall be determined by a majority vote of
2     the Prisoner Review Board;
3         (3) hear by at least one member and through a panel of
4     at least 3 members decide, the conditions of mandatory
5     supervised release and the time of discharge from mandatory
6     supervised release, impose sanctions for violations of
7     mandatory supervised release, and revoke mandatory
8     supervised release for those sentenced under the law in
9     effect after the effective date of this amendatory Act of
10     1977;
11         (3.5) hear by at least one member and through a panel
12     of at least 3 members decide, the conditions of mandatory
13     supervised release and the time of discharge from mandatory
14     supervised release, to impose sanctions for violations of
15     mandatory supervised release and revoke mandatory
16     supervised release for those serving extended supervised
17     release terms pursuant to paragraph (4) of subsection (d)
18     of Section 5-8-1;
19         (4) hear by at least 1 member and through a panel of at
20     least 3 members, decide cases brought by the Department of
21     Corrections against a prisoner in the custody of the
22     Department for alleged violation of Department rules with
23     respect to good conduct credits pursuant to Section 3-6-3
24     of this Code in which the Department seeks to revoke good
25     conduct credits, if the amount of time at issue exceeds 30
26     days or when, during any 12 month period, the cumulative

 

 

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1     amount of credit revoked exceeds 30 days except where the
2     infraction is committed or discovered within 60 days of
3     scheduled release. In such cases, the Department of
4     Corrections may revoke up to 30 days of good conduct
5     credit. The Board may subsequently approve the revocation
6     of additional good conduct credit, if the Department seeks
7     to revoke good conduct credit in excess of thirty days.
8     However, the Board shall not be empowered to review the
9     Department's decision with respect to the loss of 30 days
10     of good conduct credit for any prisoner or to increase any
11     penalty beyond the length requested by the Department;
12         (5) hear by at least one member and through a panel of
13     at least 3 members decide, the release dates for certain
14     prisoners sentenced under the law in existence prior to the
15     effective date of this amendatory Act of 1977, in
16     accordance with Section 3-3-2.1 of this Code;
17         (6) hear by at least one member and through a panel of
18     at least 3 members decide, all requests for pardon,
19     reprieve or commutation, and make confidential
20     recommendations to the Governor;
21         (7) comply with the requirements of the Open Parole
22     Hearings Act;
23         (8) hear by at least one member and, through a panel of
24     at least 3 members, decide cases brought by the Department
25     of Corrections against a prisoner in the custody of the
26     Department for court dismissal of a frivolous lawsuit

 

 

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1     pursuant to Section 3-6-3(d) of this Code in which the
2     Department seeks to revoke up to 180 days of good conduct
3     credit, and if the prisoner has not accumulated 180 days of
4     good conduct credit at the time of the dismissal, then all
5     good conduct credit accumulated by the prisoner shall be
6     revoked; and
7         (9) hear by at least 3 members, and, through a panel of
8     at least 3 members, decide whether to grant certificates of
9     relief from disabilities or certificates of good conduct as
10     provided in Article 5.5 of Chapter V; and .
11         (10) hear by at least one member and, through a panel
12     of at least 3 members, decide all requests for release of
13     prisoners subject to detainers filed by the United States
14     Department of Homeland Security, Immigration and Customs
15     Enforcement, or its successor.
16     (a-5) The Prisoner Review Board, with the cooperation of
17 and in coordination with the Department of Corrections and the
18 Department of Central Management Services, shall implement a
19 pilot project in 3 correctional institutions providing for the
20 conduct of hearings under paragraphs (1) and (4) of subsection
21 (a) of this Section through interactive video conferences. The
22 project shall be implemented within 6 months after the
23 effective date of this amendatory Act of 1996. Within 6 months
24 after the implementation of the pilot project, the Prisoner
25 Review Board, with the cooperation of and in coordination with
26 the Department of Corrections and the Department of Central

 

 

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1 Management Services, shall report to the Governor and the
2 General Assembly regarding the use, costs, effectiveness, and
3 future viability of interactive video conferences for Prisoner
4 Review Board hearings.
5     (b) Upon recommendation of the Department the Board may
6 restore good conduct credit previously revoked.
7     (c) The Board shall cooperate with the Department in
8 promoting an effective system of parole and mandatory
9 supervised release.
10     (d) The Board shall promulgate rules for the conduct of its
11 work, and the Chairman shall file a copy of such rules and any
12 amendments thereto with the Director and with the Secretary of
13 State.
14     (e) The Board shall keep records of all of its official
15 actions and shall make them accessible in accordance with law
16 and the rules of the Board.
17     (f) The Board or one who has allegedly violated the
18 conditions of his parole or mandatory supervised release may
19 require by subpoena the attendance and testimony of witnesses
20 and the production of documentary evidence relating to any
21 matter under investigation or hearing. The Chairman of the
22 Board may sign subpoenas which shall be served by any agent or
23 public official authorized by the Chairman of the Board, or by
24 any person lawfully authorized to serve a subpoena under the
25 laws of the State of Illinois. The attendance of witnesses, and
26 the production of documentary evidence, may be required from

 

 

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1 any place in the State to a hearing location in the State
2 before the Chairman of the Board or his designated agent or
3 agents or any duly constituted Committee or Subcommittee of the
4 Board. Witnesses so summoned shall be paid the same fees and
5 mileage that are paid witnesses in the circuit courts of the
6 State, and witnesses whose depositions are taken and the
7 persons taking those depositions are each entitled to the same
8 fees as are paid for like services in actions in the circuit
9 courts of the State. Fees and mileage shall be vouchered for
10 payment when the witness is discharged from further attendance.
11     In case of disobedience to a subpoena, the Board may
12 petition any circuit court of the State for an order requiring
13 the attendance and testimony of witnesses or the production of
14 documentary evidence or both. A copy of such petition shall be
15 served by personal service or by registered or certified mail
16 upon the person who has failed to obey the subpoena, and such
17 person shall be advised in writing that a hearing upon the
18 petition will be requested in a court room to be designated in
19 such notice before the judge hearing motions or extraordinary
20 remedies at a specified time, on a specified date, not less
21 than 10 nor more than 15 days after the deposit of the copy of
22 the written notice and petition in the U.S. mails addressed to
23 the person at his last known address or after the personal
24 service of the copy of the notice and petition upon such
25 person. The court upon the filing of such a petition, may order
26 the person refusing to obey the subpoena to appear at an

 

 

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1 investigation or hearing, or to there produce documentary
2 evidence, if so ordered, or to give evidence relative to the
3 subject matter of that investigation or hearing. Any failure to
4 obey such order of the circuit court may be punished by that
5 court as a contempt of court.
6     Each member of the Board and any hearing officer designated
7 by the Board shall have the power to administer oaths and to
8 take the testimony of persons under oath.
9     (g) Except under subsection (a) of this Section, a majority
10 of the members then appointed to the Prisoner Review Board
11 shall constitute a quorum for the transaction of all business
12 of the Board.
13     (h) The Prisoner Review Board shall annually transmit to
14 the Director a detailed report of its work for the preceding
15 calendar year. The annual report shall also be transmitted to
16 the Governor for submission to the Legislature.
17 (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
 
18     (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
19     Sec. 3-3-3. Eligibility for Parole or Release.
20     (a) Except for those offenders who accept the fixed release
21 date established by the Prisoner Review Board under Section
22 3-3-2.1, every person serving a term of imprisonment under the
23 law in effect prior to the effective date of this amendatory
24 Act of 1977 shall be eligible for parole when he has served:
25         (1) the minimum term of an indeterminate sentence less

 

 

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1     time credit for good behavior, or 20 years less time credit
2     for good behavior, whichever is less; or
3         (2) 20 years of a life sentence less time credit for
4     good behavior; or
5         (3) 20 years or one-third of a determinate sentence,
6     whichever is less, less time credit for good behavior.
7     (b) No person sentenced under this amendatory Act of 1977
8 or who accepts a release date under Section 3-3-2.1 shall be
9 eligible for parole.
10     (c) Except for those sentenced to a term of natural life
11 imprisonment, every person sentenced to imprisonment under
12 this amendatory Act of 1977 or given a release date under
13 Section 3-3-2.1 of this Act shall serve the full term of a
14 determinate sentence less time credit for good behavior and
15 shall then be released under the mandatory supervised release
16 provisions of paragraph (d) of Section 5-8-1 of this Code.
17     (d) No person serving a term of natural life imprisonment
18 may be paroled or released except through executive clemency.
19     (e) Every person committed to the Department of Juvenile
20 Justice under Section 5-10 of the Juvenile Court Act or Section
21 5-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
22 this Code and confined in the State correctional institutions
23 or facilities if such juvenile has not been tried as an adult
24 shall be eligible for parole without regard to the length of
25 time the person has been confined or whether the person has
26 served any minimum term imposed. However, if a juvenile has

 

 

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1 been tried as an adult he shall only be eligible for parole or
2 mandatory supervised release as an adult under this Section.
3     (f) Notwithstanding any other provision of law, any
4 offender who meets the following criteria may be released by
5 the Prisoner Review Board to the custody of the United States
6 Department of Homeland Security, Immigration and Customs
7 Enforcement:
8         (1) a final order of deportation has been issued
9     against the offender;
10         (2) the offender has less than one year remaining on
11     his or her sentence of incarceration with the Department of
12     Corrections; and
13         (3) the offender is not serving a sentence for a
14     forcible felony, as defined in the Criminal Code of 1961;
15     for any offense "directed against the person", as
16     identified in Part B of Title III of the Criminal Code; for
17     any offense "affecting governmental functions", as
18     identified in Part E of Title III of the Criminal Code of
19     1961; for any "aggravated" offense, as identified in Part F
20     of Title III of the Criminal Code of 1961; or for an
21     offense falling into a Class of felony other than Class 3
22     or 4, as set out in the Criminal Code of 1961 and the
23     Unified Code of Corrections.
24     The Board may condition the early release of an offender
25 under this paragraph on receipt of assurance from Immigration
26 and Customs Enforcement that the order of deportation will be

 

 

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1 executed promptly and that an offender released hereunder will
2 not be released from the custody of Immigration and Customs
3 Enforcement, unless such release is a result of deportation,
4 without notice to the Board and an opportunity for issuance of
5 a parole violation warrant for the retaking of the offender.
6     If an offender released under this subsection returns
7 illegally to the United States, on notification from any
8 federal, state, or local law enforcement authority that the
9 offender is in custody, the Board shall revoke his parole or
10 mandatory supervised release. Thereafter, the offender shall
11 not be eligible for release without first having served the
12 full remainder of his term of incarceration. In such event,
13 though, the time spent in the custody of Immigration and
14 Customs Enforcement shall be credited against the remainder of
15 the term of incarceration.
16 (Source: P.A. 94-696, eff. 6-1-06.)
 
17     (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
18     Sec. 3-3-8. Length of parole and mandatory supervised
19 release; discharge.)
20     (a) The length of parole for a person sentenced under the
21 law in effect prior to the effective date of this amendatory
22 Act of 1977 and the length of mandatory supervised release for
23 those sentenced under the law in effect on and after such
24 effective date shall be as set out in Section 5-8-1 unless
25 sooner terminated under paragraph (b) of this Section. The

 

 

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1 parole period of a juvenile committed to the Department under
2 the Juvenile Court Act or the Juvenile Court Act of 1987 shall
3 extend until he is 21 years of age unless sooner terminated
4 under paragraph (b) of this Section.
5     (b) The Prisoner Review Board may enter an order releasing
6 and discharging one from parole or mandatory supervised
7 release, and his commitment to the Department, when it
8 determines that he is likely to remain at liberty without
9 committing another offense.
10     (b-1) The Prisoner Review Board may enter an order
11 releasing and discharging an offender from parole or mandatory
12 supervised release in accordance with the provisions for early
13 release set out in subsection (f) of Section 3-3-3.
14     (c) The order of discharge shall become effective upon
15 entry of the order of the Board. The Board shall notify the
16 clerk of the committing court of the order. Upon receipt of
17 such copy, the clerk shall make an entry on the record judgment
18 that the sentence or commitment has been satisfied pursuant to
19 the order.
20     (d) Rights of the person discharged under this Section
21 shall be restored under Section 5-5-5. This Section is subject
22 to Section 5-750 of the Juvenile Court Act of 1987.
23 (Source: P.A. 90-590, eff. 1-1-99.)