98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2210

 

Introduced 2/15/2013, by Sen. Kwame Raoul

 

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

    Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the powers and duties of the Prisoner Review Board.


LRB098 07693 RLC 37766 b

 

 

A BILL FOR

 

SB2210LRB098 07693 RLC 37766 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 3-3-2 as follows:
 
6    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
7    Sec. 3-3-2. Powers and Duties.
8    (a) The Parole and Pardon Board is abolished and the term
9"Parole and Pardon Board" as used in any law of Illinois, shall
10read "Prisoner Review Board." After the effective date of this
11amendatory Act of 1977, the Prisoner Review Board shall provide
12by rule for the orderly transition of all files, records, and
13documents of the Parole and Pardon Board and for such other
14steps as may be necessary to effect an orderly transition and
15shall:
16        (1) hear by at least one member and through a panel of
17    at least 3 members decide, cases of prisoners who were
18    sentenced under the law in effect prior to the effective
19    date of this amendatory Act of 1977, and who are eligible
20    for parole;
21        (2) hear by at least one member and through a panel of
22    at least 3 members decide, the conditions of parole and the
23    time of discharge from parole, impose sanctions for

 

 

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1    violations of parole, and revoke parole for those sentenced
2    under the law in effect prior to this amendatory Act of
3    1977; provided that the decision to parole and the
4    conditions of parole for all prisoners who were sentenced
5    for first degree murder or who received a minimum sentence
6    of 20 years or more under the law in effect prior to
7    February 1, 1978 shall be determined by a majority vote of
8    the Prisoner Review Board. One representative supporting
9    parole and one representative opposing parole will be
10    allowed to speak. Their comments shall be limited to making
11    corrections and filling in omissions to the Board's
12    presentation and discussion;
13        (3) hear by at least one member and through a panel of
14    at least 3 members decide, the conditions of mandatory
15    supervised release and the time of discharge from mandatory
16    supervised release, impose sanctions for violations of
17    mandatory supervised release, and revoke mandatory
18    supervised release for those sentenced under the law in
19    effect after the effective date of this amendatory Act of
20    1977;
21        (3.5) hear by at least one member and through a panel
22    of at least 3 members decide, the conditions of mandatory
23    supervised release and the time of discharge from mandatory
24    supervised release, to impose sanctions for violations of
25    mandatory supervised release and revoke mandatory
26    supervised release for those serving extended supervised

 

 

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1    release terms pursuant to paragraph (4) of subsection (d)
2    of Section 5-8-1;
3        (4) hear by at least one 1 member and through a panel
4    of at least 3 members, decide cases brought by the
5    Department of Corrections against a prisoner in the custody
6    of the Department for alleged violation of Department rules
7    with respect to sentence credits under Section 3-6-3 of
8    this Code in which the Department seeks to revoke sentence
9    credits, if the amount of time at issue exceeds 30 days or
10    when, during any 12 month period, the cumulative amount of
11    credit revoked exceeds 30 days except where the infraction
12    is committed or discovered within 60 days of scheduled
13    release. In such cases, the Department of Corrections may
14    revoke up to 30 days of sentence credit. The Board may
15    subsequently approve the revocation of additional sentence
16    credit, if the Department seeks to revoke sentence credit
17    in excess of thirty days. However, the Board shall not be
18    empowered to review the Department's decision with respect
19    to the loss of 30 days of sentence credit for any prisoner
20    or to increase any penalty beyond the length requested by
21    the Department;
22        (5) hear by at least one member and through a panel of
23    at least 3 members decide, the release dates for certain
24    prisoners sentenced under the law in existence prior to the
25    effective date of this amendatory Act of 1977, in
26    accordance with Section 3-3-2.1 of this Code;

 

 

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1        (6) hear by at least one member and through a panel of
2    at least 3 members decide, all requests for pardon,
3    reprieve or commutation, and make confidential
4    recommendations to the Governor;
5        (7) comply with the requirements of the Open Parole
6    Hearings Act;
7        (8) hear by at least one member and, through a panel of
8    at least 3 members, decide cases brought by the Department
9    of Corrections against a prisoner in the custody of the
10    Department for court dismissal of a frivolous lawsuit
11    pursuant to Section 3-6-3(d) of this Code in which the
12    Department seeks to revoke up to 180 days of sentence
13    credit, and if the prisoner has not accumulated 180 days of
14    sentence credit at the time of the dismissal, then all
15    sentence credit accumulated by the prisoner shall be
16    revoked;
17        (9) hear by at least 3 members, and, through a panel of
18    at least 3 members, decide whether to grant certificates of
19    relief from disabilities or certificates of good conduct as
20    provided in Article 5.5 of Chapter V; and
21        (10) upon a petition by a person who has been convicted
22    of a Class 3 or Class 4 felony and who meets the
23    requirements of this paragraph, hear by at least 3 members
24    and, with the unanimous vote of a panel of 3 members, issue
25    a certificate of eligibility for sealing recommending that
26    the court order the sealing of all official records of the

 

 

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1    arresting authority, the circuit court clerk, and the
2    Department of State Police concerning the arrest and
3    conviction for the Class 3 or 4 felony. A person may not
4    apply to the Board for a certificate of eligibility for
5    sealing:
6            (A) until 5 years have elapsed since the expiration
7        of his or her sentence;
8            (B) until 5 years have elapsed since any arrests or
9        detentions by a law enforcement officer for an alleged
10        violation of law, other than a petty offense, traffic
11        offense, conservation offense, or local ordinance
12        offense;
13            (C) if convicted of a violation of the Cannabis
14        Control Act, Illinois Controlled Substances Act, the
15        Methamphetamine Control and Community Protection Act,
16        the Methamphetamine Precursor Control Act, or the
17        Methamphetamine Precursor Tracking Act unless the
18        petitioner has completed a drug abuse program for the
19        offense on which sealing is sought and provides proof
20        that he or she has completed the program successfully;
21            (D) if convicted of:
22                (i) a sex offense described in Article 11 or
23            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
24            the Criminal Code of 1961;
25                (ii) aggravated assault;
26                (iii) aggravated battery;

 

 

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1                (iv) domestic battery;
2                (v) aggravated domestic battery;
3                (vi) violation of an order of protection;
4                (vii) an offense under the Criminal Code of
5            1961 involving a firearm;
6                (viii) driving while under the influence of
7            alcohol, other drug or drugs, intoxicating
8            compound or compounds or any combination thereof;
9                (ix) aggravated driving while under the
10            influence of alcohol, other drug or drugs,
11            intoxicating compound or compounds or any
12            combination thereof; or
13                (x) any crime defined as a crime of violence
14            under Section 2 of the Crime Victims Compensation
15            Act.
16    If a person has applied to the Board for a certificate of
17eligibility for sealing and the Board denies the certificate,
18the person must wait at least 4 years before filing again or
19filing for pardon from the Governor unless the Chairman of the
20Prisoner Review Board grants a waiver.
21    The decision to issue or refrain from issuing a certificate
22of eligibility for sealing shall be at the Board's sole
23discretion, and shall not give rise to any cause of action
24against either the Board or its members.
25    The Board may only authorize the sealing of Class 3 and 4
26felony convictions of the petitioner from one information or

 

 

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1indictment under this paragraph (10). A petitioner may only
2receive one certificate of eligibility for sealing under this
3provision for life.
4    (a-5) The Prisoner Review Board, with the cooperation of
5and in coordination with the Department of Corrections and the
6Department of Central Management Services, shall implement a
7pilot project in 3 correctional institutions providing for the
8conduct of hearings under paragraphs (1) and (4) of subsection
9(a) of this Section through interactive video conferences. The
10project shall be implemented within 6 months after the
11effective date of this amendatory Act of 1996. Within 6 months
12after the implementation of the pilot project, the Prisoner
13Review Board, with the cooperation of and in coordination with
14the Department of Corrections and the Department of Central
15Management Services, shall report to the Governor and the
16General Assembly regarding the use, costs, effectiveness, and
17future viability of interactive video conferences for Prisoner
18Review Board hearings.
19    (b) Upon recommendation of the Department the Board may
20restore sentence credit previously revoked.
21    (c) The Board shall cooperate with the Department in
22promoting an effective system of parole and mandatory
23supervised release.
24    (d) The Board shall promulgate rules for the conduct of its
25work, and the Chairman shall file a copy of such rules and any
26amendments thereto with the Director and with the Secretary of

 

 

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1State.
2    (e) The Board shall keep records of all of its official
3actions and shall make them accessible in accordance with law
4and the rules of the Board.
5    (f) The Board or one who has allegedly violated the
6conditions of his parole or mandatory supervised release may
7require by subpoena the attendance and testimony of witnesses
8and the production of documentary evidence relating to any
9matter under investigation or hearing. The Chairman of the
10Board may sign subpoenas which shall be served by any agent or
11public official authorized by the Chairman of the Board, or by
12any person lawfully authorized to serve a subpoena under the
13laws of the State of Illinois. The attendance of witnesses, and
14the production of documentary evidence, may be required from
15any place in the State to a hearing location in the State
16before the Chairman of the Board or his designated agent or
17agents or any duly constituted Committee or Subcommittee of the
18Board. Witnesses so summoned shall be paid the same fees and
19mileage that are paid witnesses in the circuit courts of the
20State, and witnesses whose depositions are taken and the
21persons taking those depositions are each entitled to the same
22fees as are paid for like services in actions in the circuit
23courts of the State. Fees and mileage shall be vouchered for
24payment when the witness is discharged from further attendance.
25    In case of disobedience to a subpoena, the Board may
26petition any circuit court of the State for an order requiring

 

 

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1the attendance and testimony of witnesses or the production of
2documentary evidence or both. A copy of such petition shall be
3served by personal service or by registered or certified mail
4upon the person who has failed to obey the subpoena, and such
5person shall be advised in writing that a hearing upon the
6petition will be requested in a court room to be designated in
7such notice before the judge hearing motions or extraordinary
8remedies at a specified time, on a specified date, not less
9than 10 nor more than 15 days after the deposit of the copy of
10the written notice and petition in the U.S. mails addressed to
11the person at his last known address or after the personal
12service of the copy of the notice and petition upon such
13person. The court upon the filing of such a petition, may order
14the person refusing to obey the subpoena to appear at an
15investigation or hearing, or to there produce documentary
16evidence, if so ordered, or to give evidence relative to the
17subject matter of that investigation or hearing. Any failure to
18obey such order of the circuit court may be punished by that
19court as a contempt of court.
20    Each member of the Board and any hearing officer designated
21by the Board shall have the power to administer oaths and to
22take the testimony of persons under oath.
23    (g) Except under subsection (a) of this Section, a majority
24of the members then appointed to the Prisoner Review Board
25shall constitute a quorum for the transaction of all business
26of the Board.

 

 

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1    (h) The Prisoner Review Board shall annually transmit to
2the Director a detailed report of its work for the preceding
3calendar year. The annual report shall also be transmitted to
4the Governor for submission to the Legislature.
5(Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12;
697-1120, eff. 1-1-13; revised 9-20-12.)