99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2726

 

Introduced , by Rep. John D. Anthony

 

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. Requires the Department of Corrections (IDOC) to enter into a Memorandum of Understanding (MOU) with U.S. Immigration and Customs Enforcement (ICE) which authorizes the U.S. Department of Homeland Security to enter into written agreements with a state to remove an alien in the custody of that state. 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. Requires the Memorandum of Understanding to provide that a person may take part in the program only if a final order of deportation has been issued against the person, if prior to the issuance of this order: (A) the person has been advised of and given an opportunity to exercise his or her rights under federal immigration law to a hearing before an immigration judge to contest his or her removal, including the right to seek and consult with legal counsel and to be represented by counsel at the hearing, to present any applicable defense to a removal proceeding or claim for relief from removal, and to seek review of an adverse decision; (B) the person has been informed of available legal referral services and of law firms and organizations that provide free or low-cost legal assistance; and (C) the information has been provided verbally and in writing in English and in the person's native language. Provides 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 ICE.


LRB099 04323 RLC 24350 b

 

 

A BILL FOR

 

HB2726LRB099 04323 RLC 24350 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-2-2, 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
9which are otherwise provided by law, the Department shall have
10the 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. This
14    subsection shall not apply to persons committed to the
15    Department of Juvenile Justice under the Juvenile Court Act
16    of 1987 on aftercare release.
17        (j) To cooperate with other departments and agencies
18    and with local communities for the development of standards
19    and programs for better correctional services in this
20    State.
21        (k) To administer all moneys and properties of the
22    Department.
23        (l) To report annually to the Governor on the committed
24    persons, institutions and programs of the Department.
25        (l-5) (Blank).
26        (m) To make all rules and regulations and exercise all

 

 

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1    powers and duties vested by law in the Department.
2        (n) To establish rules and regulations for
3    administering a system of sentence credits, established in
4    accordance with Section 3-6-3, subject to review by the
5    Prisoner Review Board.
6        (o) To administer the distribution of funds from the
7    State Treasury to reimburse counties where State penal
8    institutions are located for the payment of assistant
9    state's attorneys' salaries under Section 4-2001 of the
10    Counties Code.
11        (p) To exchange information with the Department of
12    Human Services and the Department of Healthcare and Family
13    Services for the purpose of verifying living arrangements
14    and for other purposes directly connected with the
15    administration of this Code and the Illinois Public Aid
16    Code.
17        (q) To establish a diversion program.
18        The program shall provide a structured environment for
19    selected technical parole or mandatory supervised release
20    violators and committed persons who have violated the rules
21    governing their conduct while in work release. This program
22    shall not apply to those persons who have committed a new
23    offense while serving on parole or mandatory supervised
24    release or while committed to work release.
25        Elements of the program shall include, but shall not be
26    limited to, the following:

 

 

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1            (1) The staff of a diversion facility shall provide
2        supervision in accordance with required objectives set
3        by the facility.
4            (2) Participants shall be required to maintain
5        employment.
6            (3) Each participant shall pay for room and board
7        at the facility on a sliding-scale basis according to
8        the participant's income.
9            (4) Each participant shall:
10                (A) provide restitution to victims in
11            accordance with any court order;
12                (B) provide financial support to his
13            dependents; and
14                (C) make appropriate payments toward any other
15            court-ordered obligations.
16            (5) Each participant shall complete community
17        service in addition to employment.
18            (6) Participants shall take part in such
19        counseling, educational and other programs as the
20        Department may deem appropriate.
21            (7) Participants shall submit to drug and alcohol
22        screening.
23            (8) The Department shall promulgate rules
24        governing the administration of the program.
25        (r) To enter into intergovernmental cooperation
26    agreements under which persons in the custody of the

 

 

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1    Department may participate in a county impact
2    incarceration program established under Section 3-6038 or
3    3-15003.5 of the Counties Code.
4        (r-5) (Blank).
5        (r-10) To systematically and routinely identify with
6    respect to each streetgang active within the correctional
7    system: (1) each active gang; (2) every existing inter-gang
8    affiliation or alliance; and (3) the current leaders in
9    each gang. The Department shall promptly segregate leaders
10    from inmates who belong to their gangs and allied gangs.
11    "Segregate" means no physical contact and, to the extent
12    possible under the conditions and space available at the
13    correctional facility, prohibition of visual and sound
14    communication. For the purposes of this paragraph (r-10),
15    "leaders" means persons who:
16            (i) are members of a criminal streetgang;
17            (ii) with respect to other individuals within the
18        streetgang, occupy a position of organizer,
19        supervisor, or other position of management or
20        leadership; and
21            (iii) are actively and personally engaged in
22        directing, ordering, authorizing, or requesting
23        commission of criminal acts by others, which are
24        punishable as a felony, in furtherance of streetgang
25        related activity both within and outside of the
26        Department of Corrections.

 

 

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1    "Streetgang", "gang", and "streetgang related" have the
2    meanings ascribed to them in Section 10 of the Illinois
3    Streetgang Terrorism Omnibus Prevention Act.
4        (s) To operate a super-maximum security institution,
5    in order to manage and supervise inmates who are disruptive
6    or dangerous and provide for the safety and security of the
7    staff and the other inmates.
8        (t) To monitor any unprivileged conversation or any
9    unprivileged communication, whether in person or by mail,
10    telephone, or other means, between an inmate who, before
11    commitment to the Department, was a member of an organized
12    gang and any other person without the need to show cause or
13    satisfy any other requirement of law before beginning the
14    monitoring, except as constitutionally required. The
15    monitoring may be by video, voice, or other method of
16    recording or by any other means. As used in this
17    subdivision (1)(t), "organized gang" has the meaning
18    ascribed to it in Section 10 of the Illinois Streetgang
19    Terrorism Omnibus Prevention Act.
20        As used in this subdivision (1)(t), "unprivileged
21    conversation" or "unprivileged communication" means a
22    conversation or communication that is not protected by any
23    privilege recognized by law or by decision, rule, or order
24    of the Illinois Supreme Court.
25        (u) To establish a Women's and Children's Pre-release
26    Community Supervision Program for the purpose of providing

 

 

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1    housing and services to eligible female inmates, as
2    determined by the Department, and their newborn and young
3    children.
4        (u-5) To issue an order, whenever a person committed to
5    the Department absconds or absents himself or herself,
6    without authority to do so, from any facility or program to
7    which he or she is assigned. The order shall be certified
8    by the Director, the Supervisor of the Apprehension Unit,
9    or any person duly designated by the Director, with the
10    seal of the Department affixed. The order shall be directed
11    to all sheriffs, coroners, and police officers, or to any
12    particular person named in the order. Any order issued
13    pursuant to this subdivision (1) (u-5) shall be sufficient
14    warrant for the officer or person named in the order to
15    arrest and deliver the committed person to the proper
16    correctional officials and shall be executed the same as
17    criminal process.
18        (v) To do all other acts necessary to carry out the
19    provisions of this Chapter.
20    (2) The Department of Corrections shall by January 1, 1998,
21consider building and operating a correctional facility within
22100 miles of a county of over 2,000,000 inhabitants, especially
23a facility designed to house juvenile participants in the
24impact incarceration program.
25    (3) When the Department lets bids for contracts for medical
26services to be provided to persons committed to Department

 

 

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1facilities by a health maintenance organization, medical
2service corporation, or other health care provider, the bid may
3only be let to a health care provider that has obtained an
4irrevocable letter of credit or performance bond issued by a
5company whose bonds have an investment grade or higher rating
6by a bond rating organization.
7    (4) When the Department lets bids for contracts for food or
8commissary services to be provided to Department facilities,
9the bid may only be let to a food or commissary services
10provider that has obtained an irrevocable letter of credit or
11performance bond issued by a company whose bonds have an
12investment grade or higher rating by a bond rating
13organization.
14    (5) On and after the date 6 months after August 16, 2013
15(the effective date of Public Act 98-488), as provided in the
16Executive Order 1 (2012) Implementation Act, all of the powers,
17duties, rights, and responsibilities related to State
18healthcare purchasing under this Code that were transferred
19from the Department of Corrections to the Department of
20Healthcare and Family Services by Executive Order 3 (2005) are
21transferred back to the Department of Corrections; however,
22powers, duties, rights, and responsibilities related to State
23healthcare purchasing under this Code that were exercised by
24the Department of Corrections before the effective date of
25Executive Order 3 (2005) but that pertain to individuals
26resident in facilities operated by the Department of Juvenile

 

 

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1Justice are transferred to the Department of Juvenile Justice.
2    (6) The Illinois Department of Corrections (IDOC) shall
3enter into a Memorandum of Understanding (MOU) with U.S.
4Immigration and Customs Enforcement (ICE), under Section
5241(a) of the Immigration and Nationality Act, codified at 8
6U.S.C. Section 1231(a), as amended by the Homeland Security Act
7of 2002, Public Law No. 107-296 as codified at 8 U.S.C.
8Sections 131-134 which authorizes the Secretary of the
9Department of Homeland Security to enter into written
10agreements with a state or any political subdivision of a state
11to remove certain non-United States citizens in the custody of
12that state. The purpose of the MOU is to set forth terms by
13which ICE and IDOC will cooperate in a Rapid Removal of
14Eligible Parolees Accepted for Transfer ("Rapid REPAT")
15program, which allows for early conditional release for
16deportation of these noncitizens to their home countries. The
17MOU shall provide that a person may take part in this program
18only if a final order of deportation has been issued against
19that person, if prior to the issuance of the order:
20        (A) the person has been advised of and given a full and
21    fair opportunity to exercise his or her rights under
22    federal immigration law to a hearing before an immigration
23    judge to contest his or her removal from the United States,
24    including but not limited to the right to seek and consult
25    with legal counsel and to be represented by counsel at the
26    hearing, to present evidence in support of any applicable

 

 

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1    defense to a removal proceeding or claim for relief from
2    removal, and to seek review of an adverse decision by the
3    judge;
4        (B) the person has been informed of available legal
5    referral services and of law firms and not-for-profit
6    organizations that provide free or low-cost legal
7    assistance; and
8        (C) the information described in subparagraphs (A) and
9    (B) has been provided verbally and in writing in English
10    and in the person's native language.
11(Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12;
1297-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff.
138-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
14    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
15    Sec. 3-3-2. Powers and Duties.
16    (a) The Parole and Pardon Board is abolished and the term
17"Parole and Pardon Board" as used in any law of Illinois, shall
18read "Prisoner Review Board." After the effective date of this
19amendatory Act of 1977, the Prisoner Review Board shall provide
20by rule for the orderly transition of all files, records, and
21documents of the Parole and Pardon Board and for such other
22steps as may be necessary to effect an orderly transition and
23shall:
24        (1) hear by at least one member and through a panel of
25    at least 3 members decide, cases of prisoners who were

 

 

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

 

 

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1        (3.5) hear by at least one member and through a panel
2    of at least 3 members decide, the conditions of mandatory
3    supervised release and the time of discharge from mandatory
4    supervised release, to impose sanctions for violations of
5    mandatory supervised release and revoke mandatory
6    supervised release for those serving extended supervised
7    release terms pursuant to paragraph (4) of subsection (d)
8    of Section 5-8-1;
9        (3.6) hear by at least one member and through a panel
10    of at least 3 members decide, the time of aftercare
11    release, the conditions of aftercare release and the time
12    of discharge from aftercare release, impose sanctions for
13    violations of aftercare release, and revoke aftercare
14    release for those adjudicated delinquent under the
15    Juvenile Court Act of 1987;
16        (4) hear by at least one member and through a panel of
17    at least 3 members, decide cases brought by the Department
18    of Corrections against a prisoner in the custody of the
19    Department for alleged violation of Department rules with
20    respect to sentence credits under Section 3-6-3 of this
21    Code in which the Department seeks to revoke sentence
22    credits, if the amount of time at issue exceeds 30 days or
23    when, during any 12 month period, the cumulative amount of
24    credit revoked exceeds 30 days except where the infraction
25    is committed or discovered within 60 days of scheduled
26    release. In such cases, the Department of Corrections may

 

 

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1    revoke up to 30 days of sentence credit. The Board may
2    subsequently approve the revocation of additional sentence
3    credit, if the Department seeks to revoke sentence credit
4    in excess of thirty days. However, the Board shall not be
5    empowered to review the Department's decision with respect
6    to the loss of 30 days of sentence credit for any prisoner
7    or to increase any penalty beyond the length requested by
8    the Department;
9        (5) hear by at least one member and through a panel of
10    at least 3 members decide, the release dates for certain
11    prisoners sentenced under the law in existence prior to the
12    effective date of this amendatory Act of 1977, in
13    accordance with Section 3-3-2.1 of this Code;
14        (6) hear by at least one member and through a panel of
15    at least 3 members decide, all requests for pardon,
16    reprieve or commutation, and make confidential
17    recommendations to the Governor;
18        (7) comply with the requirements of the Open Parole
19    Hearings Act;
20        (8) hear by at least one member and, through a panel of
21    at least 3 members, decide cases brought by the Department
22    of Corrections against a prisoner in the custody of the
23    Department for court dismissal of a frivolous lawsuit
24    pursuant to Section 3-6-3(d) of this Code in which the
25    Department seeks to revoke up to 180 days of sentence
26    credit, and if the prisoner has not accumulated 180 days of

 

 

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1    sentence credit at the time of the dismissal, then all
2    sentence credit accumulated by the prisoner shall be
3    revoked;
4        (9) hear by at least 3 members, and, through a panel of
5    at least 3 members, decide whether to grant certificates of
6    relief from disabilities or certificates of good conduct as
7    provided in Article 5.5 of Chapter V;
8        (10) upon a petition by a person who has been convicted
9    of a Class 3 or Class 4 felony and who meets the
10    requirements of this paragraph, hear by at least 3 members
11    and, with the unanimous vote of a panel of 3 members, issue
12    a certificate of eligibility for sealing recommending that
13    the court order the sealing of all official records of the
14    arresting authority, the circuit court clerk, and the
15    Department of State Police concerning the arrest and
16    conviction for the Class 3 or 4 felony. A person may not
17    apply to the Board for a certificate of eligibility for
18    sealing:
19            (A) until 5 years have elapsed since the expiration
20        of his or her sentence;
21            (B) until 5 years have elapsed since any arrests or
22        detentions by a law enforcement officer for an alleged
23        violation of law, other than a petty offense, traffic
24        offense, conservation offense, or local ordinance
25        offense;
26            (C) if convicted of a violation of the Cannabis

 

 

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1        Control Act, Illinois Controlled Substances Act, the
2        Methamphetamine Control and Community Protection Act,
3        the Methamphetamine Precursor Control Act, or the
4        Methamphetamine Precursor Tracking Act unless the
5        petitioner has completed a drug abuse program for the
6        offense on which sealing is sought and provides proof
7        that he or she has completed the program successfully;
8            (D) if convicted of:
9                (i) a sex offense described in Article 11 or
10            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
11            the Criminal Code of 1961 or the Criminal Code of
12            2012;
13                (ii) aggravated assault;
14                (iii) aggravated battery;
15                (iv) domestic battery;
16                (v) aggravated domestic battery;
17                (vi) violation of an order of protection;
18                (vii) an offense under the Criminal Code of
19            1961 or the Criminal Code of 2012 involving a
20            firearm;
21                (viii) driving while under the influence of
22            alcohol, other drug or drugs, intoxicating
23            compound or compounds or any combination thereof;
24                (ix) aggravated driving while under the
25            influence of alcohol, other drug or drugs,
26            intoxicating compound or compounds or any

 

 

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1            combination thereof; or
2                (x) any crime defined as a crime of violence
3            under Section 2 of the Crime Victims Compensation
4            Act.
5        If a person has applied to the Board for a certificate
6    of eligibility for sealing and the Board denies the
7    certificate, the person must wait at least 4 years before
8    filing again or filing for pardon from the Governor unless
9    the Chairman of the Prisoner Review Board grants a waiver.
10        The decision to issue or refrain from issuing a
11    certificate of eligibility for sealing shall be at the
12    Board's sole discretion, and shall not give rise to any
13    cause of action against either the Board or its members.
14        The Board may only authorize the sealing of Class 3 and
15    4 felony convictions of the petitioner from one information
16    or indictment under this paragraph (10). A petitioner may
17    only receive one certificate of eligibility for sealing
18    under this provision for life; and
19        (11) upon a petition by a person who after having been
20    convicted of a Class 3 or Class 4 felony thereafter served
21    in the United States Armed Forces or National Guard of this
22    or any other state and had received an honorable discharge
23    from the United States Armed Forces or National Guard or
24    who at the time of filing the petition is enlisted in the
25    United States Armed Forces or National Guard of this or any
26    other state and served one tour of duty and who meets the

 

 

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1    requirements of this paragraph, hear by at least 3 members
2    and, with the unanimous vote of a panel of 3 members, issue
3    a certificate of eligibility for expungement recommending
4    that the court order the expungement of all official
5    records of the arresting authority, the circuit court
6    clerk, and the Department of State Police concerning the
7    arrest and conviction for the Class 3 or 4 felony. A person
8    may not apply to the Board for a certificate of eligibility
9    for expungement:
10            (A) if convicted of:
11                (i) a sex offense described in Article 11 or
12            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
13            the Criminal Code of 1961 or Criminal Code of 2012;
14                (ii) an offense under the Criminal Code of 1961
15            or Criminal Code of 2012 involving a firearm; or
16                (iii) a crime of violence as defined in Section
17            2 of the Crime Victims Compensation Act; or
18            (B) if the person has not served in the United
19        States Armed Forces or National Guard of this or any
20        other state or has not received an honorable discharge
21        from the United States Armed Forces or National Guard
22        of this or any other state or who at the time of the
23        filing of the petition is serving in the United States
24        Armed Forces or National Guard of this or any other
25        state and has not completed one tour of duty.
26        If a person has applied to the Board for a certificate

 

 

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1    of eligibility for expungement and the Board denies the
2    certificate, the person must wait at least 4 years before
3    filing again or filing for a pardon with authorization for
4    expungement from the Governor unless the Governor or
5    Chairman of the Prisoner Review Board grants a waiver; and .
6        (12) hear by at least one member and, through a panel
7    of at least 3 members, decide all requests for early
8    conditional release under the Rapid REPAT program
9    described in subsection (6) of Section 3-2-2 of this Code.
10    (a-5) The Prisoner Review Board, with the cooperation of
11and in coordination with the Department of Corrections and the
12Department of Central Management Services, shall implement a
13pilot project in 3 correctional institutions providing for the
14conduct of hearings under paragraphs (1) and (4) of subsection
15(a) of this Section through interactive video conferences. The
16project shall be implemented within 6 months after the
17effective date of this amendatory Act of 1996. Within 6 months
18after the implementation of the pilot project, the Prisoner
19Review Board, with the cooperation of and in coordination with
20the Department of Corrections and the Department of Central
21Management Services, shall report to the Governor and the
22General Assembly regarding the use, costs, effectiveness, and
23future viability of interactive video conferences for Prisoner
24Review Board hearings.
25    (b) Upon recommendation of the Department the Board may
26restore sentence credit previously revoked.

 

 

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1    (c) The Board shall cooperate with the Department in
2promoting an effective system of parole, aftercare release, and
3mandatory supervised release.
4    (d) The Board shall promulgate rules for the conduct of its
5work, and the Chairman shall file a copy of such rules and any
6amendments thereto with the Director and with the Secretary of
7State.
8    (e) The Board shall keep records of all of its official
9actions and shall make them accessible in accordance with law
10and the rules of the Board.
11    (f) The Board or one who has allegedly violated the
12conditions of his or her parole, aftercare release, or
13mandatory supervised release may require by subpoena the
14attendance and testimony of witnesses and the production of
15documentary evidence relating to any matter under
16investigation or hearing. The Chairman of the Board may sign
17subpoenas which shall be served by any agent or public official
18authorized by the Chairman of the Board, or by any person
19lawfully authorized to serve a subpoena under the laws of the
20State of Illinois. The attendance of witnesses, and the
21production of documentary evidence, may be required from any
22place in the State to a hearing location in the State before
23the Chairman of the Board or his or her designated agent or
24agents or any duly constituted Committee or Subcommittee of the
25Board. Witnesses so summoned shall be paid the same fees and
26mileage that are paid witnesses in the circuit courts of the

 

 

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

 

 

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1    Each member of the Board and any hearing officer designated
2by the Board shall have the power to administer oaths and to
3take the testimony of persons under oath.
4    (g) Except under subsection (a) of this Section, a majority
5of the members then appointed to the Prisoner Review Board
6shall constitute a quorum for the transaction of all business
7of the Board.
8    (h) The Prisoner Review Board shall annually transmit to
9the Director a detailed report of its work for the preceding
10calendar year. The annual report shall also be transmitted to
11the Governor for submission to the Legislature.
12(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13;
1397-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff.
141-1-14; 98-756, eff. 7-16-14.)
 
15    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
16    Sec. 3-3-3. Eligibility for Parole or Release.
17    (a) Except for those offenders who accept the fixed release
18date established by the Prisoner Review Board under Section
193-3-2.1, every person serving a term of imprisonment under the
20law in effect prior to the effective date of this amendatory
21Act of 1977 shall be eligible for parole when he or she has
22served:
23        (1) the minimum term of an indeterminate sentence less
24    time credit for good behavior, or 20 years less time credit
25    for good behavior, whichever is less; or

 

 

HB2726- 27 -LRB099 04323 RLC 24350 b

1        (2) 20 years of a life sentence less time credit for
2    good behavior; or
3        (3) 20 years or one-third of a determinate sentence,
4    whichever is less, less time credit for good behavior.
5    (b) No person sentenced under this amendatory Act of 1977
6or who accepts a release date under Section 3-3-2.1 shall be
7eligible for parole.
8    (c) Except for those sentenced to a term of natural life
9imprisonment, every person sentenced to imprisonment under
10this amendatory Act of 1977 or given a release date under
11Section 3-3-2.1 of this Act shall serve the full term of a
12determinate sentence less time credit for good behavior and
13shall then be released under the mandatory supervised release
14provisions of paragraph (d) of Section 5-8-1 of this Code.
15    (d) No person serving a term of natural life imprisonment
16may be paroled or released except through executive clemency.
17    (e) Every person committed to the Department of Juvenile
18Justice under Section 5-10 of the Juvenile Court Act or Section
195-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
20this Code and confined in the State correctional institutions
21or facilities if such juvenile has not been tried as an adult
22shall be eligible for aftercare release without regard to the
23length of time the person has been confined or whether the
24person has served any minimum term imposed. However, if a
25juvenile has been tried as an adult he or she shall only be
26eligible for parole or mandatory supervised release as an adult

 

 

HB2726- 28 -LRB099 04323 RLC 24350 b

1under this Section.
2    (f) Notwithstanding any other provision of law, any person
3committed to the Department of Corrections who is not a citizen
4of the United States who meets the following criteria may be
5released by the Prisoner Review Board to the custody of the
6United States Department of Homeland Security, Immigration and
7Customs Enforcement under the Rapid REPAT program described in
8subsection (6) of Section 3-2-2 of this Code:
9        (1) the person has requested this release voluntarily,
10    but only after:
11            (A) the Department of Corrections has identified
12        the person as potentially eligible for the Rapid REPAT
13        program based on the person having fulfilled the
14        requirements in paragraphs (2), (3), and (4) of this
15        subsection (f);
16            (B) subsequent to the identification described in
17        subparagraph (A) of this paragraph (1), the Department
18        of Corrections has fully informed the person, both
19        verbally and in writing in English and in the person's
20        native language, about the Rapid REPAT program,
21        including the program requirements for transfer to
22        Immigration and Customs Enforcement and removal from
23        the United States and the consequences of returning to
24        the United States illegally subsequent to removal; and
25            (C) the Department of Corrections has provided the
26        person with a written list of names and phone numbers

 

 

HB2726- 29 -LRB099 04323 RLC 24350 b

1        of legal resources with which the person may seek legal
2        consultation, including legal referral services, law
3        firms, and not-for-profit organizations that provide
4        free or low-cost legal assistance;
5        (2) a final order of deportation has been issued
6    against the person, provided that prior to the issuance of
7    the order, the person has been provided the information
8    described in paragraphs (A), (B), and (C) of subsection (6)
9    of Section 3-2-2 of this Code, and provided further that
10    Immigration and Customs Enforcement has notified the
11    Department of Corrections that the person has exhausted or
12    voluntarily waived in writing any further rights to seek
13    review of this order;
14        (3) the person has less than one year remaining on his
15    or her sentence of incarceration with the Department of
16    Corrections; and
17        (4) the person is not serving a sentence for a forcible
18    felony, as defined in the Criminal Code of 2012; for any
19    offense "directed against the person", as identified in
20    Part B of Title III of the Criminal Code of 2012; for any
21    offense "affecting governmental functions", as identified
22    in Part E of Title III of the Criminal Code of 2012; for
23    any "aggravated" offense, as identified in Part F of Title
24    III of the Criminal Code of 2012; or for an offense falling
25    into a Class of felony other than Class 3 or 4, as set out
26    in the Criminal Code of 2012 and the Unified Code of

 

 

HB2726- 30 -LRB099 04323 RLC 24350 b

1    Corrections.
2    The Board may condition the early conditional release of a
3person under this subsection (f) on receipt of assurance from
4Immigration and Customs Enforcement that the order of
5deportation will be executed promptly and that a person
6released under this subsection (f) will not be released from
7the custody of Immigration and Customs Enforcement, unless the
8release is a result of deportation, without notice to the Board
9and an opportunity for issuance of a parole violation warrant
10for the return to custody of the person.
11    If a person released under this subsection (f) returns
12illegally to the United States, on notification from any
13federal, state, or local law enforcement authority that the
14person is in custody, the Board shall revoke his or her early
15conditional release. Thereafter, the person shall not be
16eligible for release without first having served the full
17remainder of his or her term of incarceration. In this event,
18though, the time spent in the custody of Immigration and
19Customs Enforcement shall be credited against the remainder of
20the term of incarceration.
21(Source: P.A. 98-558, eff. 1-1-14.)
 
22    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
23    Sec. 3-3-8. Length of parole, aftercare release, and
24mandatory supervised release; discharge.)
25    (a) The length of parole for a person sentenced under the

 

 

HB2726- 31 -LRB099 04323 RLC 24350 b

1law in effect prior to the effective date of this amendatory
2Act of 1977 and the length of mandatory supervised release for
3those sentenced under the law in effect on and after such
4effective date shall be as set out in Section 5-8-1 unless
5sooner terminated under paragraph (b) of this Section. The
6aftercare release period of a juvenile committed to the
7Department under the Juvenile Court Act or the Juvenile Court
8Act of 1987 shall extend until he or she is 21 years of age
9unless sooner terminated under paragraph (b) of this Section.
10    (b) The Prisoner Review Board may enter an order releasing
11and discharging one from parole, aftercare release, or
12mandatory supervised release, and his or her commitment to the
13Department, when it determines that he or she is likely to
14remain at liberty without committing another offense.
15    (b-1) Provided that the subject is in compliance with the
16terms and conditions of his or her parole, aftercare release,
17or mandatory supervised release, the Prisoner Review Board may
18reduce the period of a parolee or releasee's parole, aftercare
19release, or mandatory supervised release by 90 days upon the
20parolee or releasee receiving a high school diploma or upon
21passage of high school equivalency testing during the period of
22his or her parole, aftercare release, or mandatory supervised
23release. This reduction in the period of a subject's term of
24parole, aftercare release, or mandatory supervised release
25shall be available only to subjects who have not previously
26earned a high school diploma or who have not previously passed

 

 

HB2726- 32 -LRB099 04323 RLC 24350 b

1high school equivalency testing.
2    (b-2) The Prisoner Review Board may enter an order granting
3early conditional release under the Rapid REPAT program
4described in subsection (6) of Section 3-2-2 of this Code in
5accordance with subsection (f) of Section 3-3-3 of this Code.
6    (c) The order of discharge shall become effective upon
7entry of the order of the Board. The Board shall notify the
8clerk of the committing court of the order. Upon receipt of
9such copy, the clerk shall make an entry on the record judgment
10that the sentence or commitment has been satisfied pursuant to
11the order.
12    (d) Rights of the person discharged under this Section
13shall be restored under Section 5-5-5. This Section is subject
14to Section 5-750 of the Juvenile Court Act of 1987.
15(Source: P.A. 97-531, eff. 1-1-12; 98-558, eff. 1-1-14; 98-718,
16eff. 1-1-15.)