98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2727

 

Introduced 2/21/2013, by Rep. Dennis M. Reboletti

 

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

    Amends the Unified Code of Corrections. Makes a technical change in a Section concerning violations of conditions of parole or mandatory supervised release.


LRB098 07697 RLC 37770 b

 

 

A BILL FOR

 

HB2727LRB098 07697 RLC 37770 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 Section 3-3-9 as follows:
 
6    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
7    Sec. 3-3-9. Violations; changes of conditions; preliminary
8hearing; revocation of parole or mandatory supervised release;
9revocation hearing.
10    (a) If prior to expiration or termination of the the term
11of parole or mandatory supervised release, a person violates a
12condition set by the Prisoner Review Board or a condition of
13parole or mandatory supervised release under Section 3-3-7 of
14this Code to govern that term, the Board may:
15        (1) continue the existing term, with or without
16    modifying or enlarging the conditions; or
17        (2) parole or release the person to a half-way house;
18    or
19        (3) revoke the parole or mandatory supervised release
20    and reconfine the person for a term computed in the
21    following manner:
22            (i) (A) For those sentenced under the law in effect
23        prior to this amendatory Act of 1977, the recommitment

 

 

HB2727- 2 -LRB098 07697 RLC 37770 b

1        shall be for any portion of the imposed maximum term of
2        imprisonment or confinement which had not been served
3        at the time of parole and the parole term, less the
4        time elapsed between the parole of the person and the
5        commission of the violation for which parole was
6        revoked;
7            (B) Except as set forth in paragraph (C), for those
8        subject to mandatory supervised release under
9        paragraph (d) of Section 5-8-1 of this Code, the
10        recommitment shall be for the total mandatory
11        supervised release term, less the time elapsed between
12        the release of the person and the commission of the
13        violation for which mandatory supervised release is
14        revoked. The Board may also order that a prisoner serve
15        up to one year of the sentence imposed by the court
16        which was not served due to the accumulation of
17        sentence credit;
18            (C) For those subject to sex offender supervision
19        under clause (d)(4) of Section 5-8-1 of this Code, the
20        reconfinement period for violations of clauses (a)(3)
21        through (b-1)(15) of Section 3-3-7 shall not exceed 2
22        years from the date of reconfinement; .
23            (ii) the person shall be given credit against the
24        term of reimprisonment or reconfinement for time spent
25        in custody since he was paroled or released which has
26        not been credited against another sentence or period of

 

 

HB2727- 3 -LRB098 07697 RLC 37770 b

1        confinement;
2            (iii) persons committed under the Juvenile Court
3        Act or the Juvenile Court Act of 1987 may be continued
4        under the existing term of parole with or without
5        modifying the conditions of parole, paroled or
6        released to a group home or other residential facility,
7        or recommitted until the age of 21 unless sooner
8        terminated;
9            (iv) this Section is subject to the release under
10        supervision and the reparole and rerelease provisions
11        of Section 3-3-10.
12    (b) The Board may revoke parole or mandatory supervised
13release for violation of a condition for the duration of the
14term and for any further period which is reasonably necessary
15for the adjudication of matters arising before its expiration.
16The issuance of a warrant of arrest for an alleged violation of
17the conditions of parole or mandatory supervised release shall
18toll the running of the term until the final determination of
19the charge. When parole or mandatory supervised release is not
20revoked that period shall be credited to the term, unless a
21community-based sanction is imposed as an alternative to
22revocation and reincarceration, including a diversion
23established by the Illinois Department of Corrections Parole
24Services Unit prior to the holding of a preliminary parole
25revocation hearing. Parolees who are diverted to a
26community-based sanction shall serve the entire term of parole

 

 

HB2727- 4 -LRB098 07697 RLC 37770 b

1or mandatory supervised release, if otherwise appropriate.
2    (b-5) The Board shall revoke parole or mandatory supervised
3release for violation of the conditions prescribed in paragraph
4(7.6) of subsection (a) of Section 3-3-7.
5    (c) A person charged with violating a condition of parole
6or mandatory supervised release shall have a preliminary
7hearing before a hearing officer designated by the Board to
8determine if there is cause to hold the person for a revocation
9hearing. However, no preliminary hearing need be held when
10revocation is based upon new criminal charges and a court finds
11probable cause on the new criminal charges or when the
12revocation is based upon a new criminal conviction and a
13certified copy of that conviction is available.
14    (d) Parole or mandatory supervised release shall not be
15revoked without written notice to the offender setting forth
16the violation of parole or mandatory supervised release charged
17against him.
18    (e) A hearing on revocation shall be conducted before at
19least one member of the Prisoner Review Board. The Board may
20meet and order its actions in panels of 3 or more members. The
21action of a majority of the panel shall be the action of the
22Board. In consideration of persons committed to the Department
23of Juvenile Justice, the member hearing the matter and at least
24a majority of the panel shall be experienced in juvenile
25matters. A record of the hearing shall be made. At the hearing
26the offender shall be permitted to:

 

 

HB2727- 5 -LRB098 07697 RLC 37770 b

1        (1) appear and answer the charge; and
2        (2) bring witnesses on his behalf.
3    (f) The Board shall either revoke parole or mandatory
4supervised release or order the person's term continued with or
5without modification or enlargement of the conditions.
6    (g) Parole or mandatory supervised release shall not be
7revoked for failure to make payments under the conditions of
8parole or release unless the Board determines that such failure
9is due to the offender's willful refusal to pay.
10(Source: P.A. 96-1271, eff. 1-1-11; 97-697, eff. 6-22-12;
11revised 8-3-12.)