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093_HB1126
LRB093 08154 RLC 08360 b
1 AN ACT concerning parole.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended
5 by changing Sections 3-3-2, 3-3-4, 3-3-5, 3-3-8, and 5-8-1 as
6 follows:
7 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
8 Sec. 3-3-2. Powers and Duties.
9 (a) The Parole and Pardon Board is abolished and the
10 term "Parole and Pardon Board" as used in any law of
11 Illinois, shall read "Prisoner Review Board." After the
12 effective date of this amendatory Act of 1977, the Prisoner
13 Review Board shall provide by rule for the orderly transition
14 of all files, records, and documents of the Parole and Pardon
15 Board and for such other steps as may be necessary to effect
16 an orderly transition and shall:
17 (1) hear and decide through a panel of 3 membersby
18 at least one member and through a panel of at least 3
19 members decide, cases of prisoners who were sentenced
20 under the law in effect prior to the effective date of
21 this amendatory Act of 1977, and who are eligible for
22 parole;
23 (2) hear by at least one member and through a panel
24 of at least 3 members decide, the conditions of parole
25 and the time of discharge from parole, impose sanctions
26 for violations of parole, and revoke parole for those
27 sentenced under the law in effect prior to this
28 amendatory Act of 1977; provided that the decision to
29 parole and the conditions of parole for all prisoners who
30 were sentenced for first degree murder or who received a
31 minimum sentence of 20 years or more under the law in
-2- LRB093 08154 RLC 08360 b
1 effect prior to February 1, 1978 shall be determined by a
2 majority vote of the Prisoner Review Board;
3 (3) hear by at least one member and through a panel
4 of at least 3 members decide, the conditions of mandatory
5 supervised release and the time of discharge from
6 mandatory supervised release, impose sanctions for
7 violations of mandatory supervised release, and revoke
8 mandatory supervised release for those sentenced under
9 the law in effect after the effective date of this
10 amendatory Act of 1977;
11 (4) hear by at least 1 member and through a panel
12 of at least 3 members, decide cases brought by the
13 Department of Corrections against a prisoner in the
14 custody of the Department for alleged violation of
15 Department rules with respect to good conduct credits
16 pursuant to Section 3-6-3 of this Code in which the
17 Department seeks to revoke good conduct credits, if the
18 amount of time at issue exceeds 30 days or when, during
19 any 12 month period, the cumulative amount of credit
20 revoked exceeds 30 days except where the infraction is
21 committed or discovered within 60 days of scheduled
22 release. In such cases, the Department of Corrections may
23 revoke up to 30 days of good conduct credit. The Board
24 may subsequently approve the revocation of additional
25 good conduct credit, if the Department seeks to revoke
26 good conduct credit in excess of thirty days. However,
27 the Board shall not be empowered to review the
28 Department's decision with respect to the loss of 30 days
29 of good conduct credit for any prisoner or to increase
30 any penalty beyond the length requested by the
31 Department;
32 (5) hear by at least one member and through a panel
33 of at least 3 members decide, the release dates for
34 certain prisoners sentenced under the law in existence
-3- LRB093 08154 RLC 08360 b
1 prior to the effective date of this amendatory Act of
2 1977, in accordance with Section 3-3-2.1 of this Code;
3 (6) hear by at least one member and through a panel
4 of at least 3 members decide, all requests for pardon,
5 reprieve or commutation, and make confidential
6 recommendations to the Governor;
7 (7) comply with the requirements of the Open Parole
8 Hearings Act; and
9 (8) hear by at least one member and, through a
10 panel of at least 3 members, decide cases brought by the
11 Department of Corrections against a prisoner in the
12 custody of the Department for court dismissal of a
13 frivolous lawsuit pursuant to Section 3-6-3(d) of this
14 Code in which the Department seeks to revoke up to 180
15 days of good conduct credit, and if the prisoner has not
16 accumulated 180 days of good conduct credit at the time
17 of the dismissal, then all good conduct credit
18 accumulated by the prisoner shall be revoked.
19 (a-5) The Prisoner Review Board, with the cooperation of
20 and in coordination with the Department of Corrections and
21 the Department of Central Management Services, shall
22 implement a pilot project in 3 correctional institutions
23 providing for the conduct of hearings under paragraphs (1)
24 and (4) of subsection (a) of this Section through interactive
25 video conferences. The project shall be implemented within 6
26 months after the effective date of this amendatory Act of
27 1996. Within 6 months after the implementation of the pilot
28 project, the Prisoner Review Board, with the cooperation of
29 and in coordination with the Department of Corrections and
30 the Department of Central Management Services, shall report
31 to the Governor and the General Assembly regarding the use,
32 costs, effectiveness, and future viability of interactive
33 video conferences for Prisoner Review Board hearings.
34 (b) Upon recommendation of the Department the Board may
-4- LRB093 08154 RLC 08360 b
1 restore good conduct credit previously revoked.
2 (c) The Board shall cooperate with the Department in
3 promoting an effective system of parole and mandatory
4 supervised release.
5 (d) The Board shall promulgate rules for the conduct of
6 its work, and the Chairman shall file a copy of such rules
7 and any amendments thereto with the Director and with the
8 Secretary of State.
9 (e) The Board shall keep records of all of its official
10 actions and shall make them accessible in accordance with law
11 and the rules of the Board.
12 (f) The Board or one who has allegedly violated the
13 conditions of his parole or mandatory supervised release may
14 require by subpoena the attendance and testimony of witnesses
15 and the production of documentary evidence relating to any
16 matter under investigation or hearing. The Chairman of the
17 Board may sign subpoenas which shall be served by any agent
18 or public official authorized by the Chairman of the Board,
19 or by any person lawfully authorized to serve a subpoena
20 under the laws of the State of Illinois. The attendance of
21 witnesses, and the production of documentary evidence, may be
22 required from any place in the State to a hearing location in
23 the State before the Chairman of the Board or his designated
24 agent or agents or any duly constituted Committee or
25 Subcommittee of the Board. Witnesses so summoned shall be
26 paid the same fees and mileage that are paid witnesses in the
27 circuit courts of the State, and witnesses whose depositions
28 are taken and the persons taking those depositions are each
29 entitled to the same fees as are paid for like services in
30 actions in the circuit courts of the State. Fees and mileage
31 shall be vouchered for payment when the witness is discharged
32 from further attendance.
33 In case of disobedience to a subpoena, the Board may
34 petition any circuit court of the State for an order
-5- LRB093 08154 RLC 08360 b
1 requiring the attendance and testimony of witnesses or the
2 production of documentary evidence or both. A copy of such
3 petition shall be served by personal service or by registered
4 or certified mail upon the person who has failed to obey the
5 subpoena, and such person shall be advised in writing that a
6 hearing upon the petition will be requested in a court room
7 to be designated in such notice before the judge hearing
8 motions or extraordinary remedies at a specified time, on a
9 specified date, not less than 10 nor more than 15 days after
10 the deposit of the copy of the written notice and petition in
11 the U.S. mails addressed to the person at his last known
12 address or after the personal service of the copy of the
13 notice and petition upon such person. The court upon the
14 filing of such a petition, may order the person refusing to
15 obey the subpoena to appear at an investigation or hearing,
16 or to there produce documentary evidence, if so ordered, or
17 to give evidence relative to the subject matter of that
18 investigation or hearing. Any failure to obey such order of
19 the circuit court may be punished by that court as a contempt
20 of court.
21 Each member of the Board and any hearing officer
22 designated by the Board shall have the power to administer
23 oaths and to take the testimony of persons under oath.
24 (g) Except under subsection (a) of this Section, a
25 majority of the members then appointed to the Prisoner Review
26 Board shall constitute a quorum for the transaction of all
27 business of the Board.
28 (h) The Prisoner Review Board shall annually transmit to
29 the Director a detailed report of its work for the preceding
30 calendar year. The annual report shall also be transmitted to
31 the Governor for submission to the Legislature.
32 (Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00;
33 91-946, eff. 2-9-01.)
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1 (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
2 Sec. 3-3-4. Preparation for Parole Hearing.
3 (a) The Prisoner Review Board shall consider the parole
4 of each eligible person committed to the Adult Division at
5 least 30 days prior to the date he shall first become
6 eligible for parole, and shall consider the parole of each
7 person committed to the Juvenile Division as a delinquent at
8 least 30 days prior to the expiration of the first year of
9 confinement.
10 (b) A person eligible for parole shall, in advance of
11 his parole hearing, prepare a parole plan in accordance with
12 the rules of the Prisoner Review Board. The person shall be
13 assisted in preparing his parole plan by personnel of the
14 Department and may, for this purpose, be released on furlough
15 under Article 11 or on authorized absence under Section
16 3-9-4. The Department shall also provide assistance in
17 obtaining information and records helpful to the individual
18 for his parole hearing.
19 (c) The members of the Board shall have access at all
20 reasonable times to any committed person and to his master
21 record file within the Department, and the Department shall
22 furnish such reports to the Board as the Board may require
23 concerning the conduct and character of any such person.
24 (d) In making its determination of parole, with use of
25 the Parole Release Risk Assessment Instruments, the Board
26 shall consider:
27 (1) material transmitted to the Department by the
28 clerk of the committing court under Section 5-4-1 or
29 Section 5-10 of the Juvenile Court Act or Section 5-750
30 of the Juvenile Court Act of 1987;
31 (2) the report under Section 3-8-2 or 3-10-2;
32 (3) a report by the Department and any report by
33 the chief administrative officer of the institution or
34 facility;
-7- LRB093 08154 RLC 08360 b
1 (4) a parole progress report;
2 (5) a medical and psychological report, if
3 requested by the Board;
4 (6) material in writing, or on film, video tape or
5 other electronic means in the form of a recording
6 submitted by the person whose parole is being considered;
7 and
8 (7) material in writing, or on film, video tape or
9 other electronic means in the form of a recording or
10 testimony submitted by the State's Attorney and the
11 victim pursuant to the Rights of Crime Victims and
12 Witnesses Act.
13 (e) The prosecuting State's Attorney's office shall
14 receive reasonable written notice not less than 15 days prior
15 to the parole hearing and may submit relevant information in
16 writing, or on film, video tape or other electronic means or
17 in the form of a recording to the Board for its
18 consideration. The State's Attorney may waive the written
19 notice.
20 (f) The victim of the violent crime for which the
21 prisoner has been sentenced shall receive notice of a parole
22 hearing as provided in paragraph (4) of subsection (d) of
23 Section 4.5 of the Rights of Crime Victims and Witnesses Act.
24 (g) Any recording considered under the provisions of
25 subsection (d)(6), (d)(7) or (e) of this Section shall be in
26 the form designated by the Board. Such recording shall be
27 both visual and aural. Every voice on the recording and
28 person present shall be identified and the recording shall
29 contain either a visual or aural statement of the person
30 submitting such recording, the date of the recording and the
31 name of the person whose parole eligibility is being
32 considered. Such recordings, if retained by the Board shall
33 be deemed to be submitted at any subsequent parole hearing if
34 the victim or State's Attorney submits in writing a
-8- LRB093 08154 RLC 08360 b
1 declaration clearly identifying such recording as
2 representing the present position of the victim or State's
3 Attorney regarding the issues to be considered at the parole
4 hearing.
5 (Source: P.A. 92-651, eff. 7-11-02.)
6 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
7 Sec. 3-3-5. Hearing and Determination.
8 (a) The Prisoner Review Board shall meet as often as
9 need requires to consider the cases of persons eligible for
10 parole. Except as otherwise provided in paragraph (2) of
11 subsection (a) of Section 3-3-2 of this Act, The Prisoner
12 Review Board may meet and order its actions in panels of 3 or
13 more members. The action of a majority of the panel shall be
14 the action of the Board. In consideration of persons
15 committed to the Juvenile Division, the panel shall have at
16 least a majority of members experienced in juvenile matters.
17 (b) If the person under consideration for parole is in
18 the custody of the Department, a panel of 3 membersat least
19 one member of the Board shall interview him, and a report of
20 that interview shall be available for the Board's
21 consideration. However, in the discretion of the Board, the
22 interview need not be conducted if a psychiatric examination
23 determines that the person could not meaningfully contribute
24 to the Board's consideration. The Board may in its discretion
25 parole a person who is then outside the jurisdiction on his
26 record without an interview. The Board need not hold a
27 hearing or interview a person who is paroled under paragraphs
28 (d) or (e) of this Section or released on Mandatory release
29 under Section 3-3-10.
30 (c) Following the hearing the parole release panel shall
31 adjourn into a conference. In conference the panel shall
32 discuss all evidence and testimony received and shall
33 exchange views concerning the weight and credibility to be
-9- LRB093 08154 RLC 08360 b
1 given the evidence considered before application of Parole
2 Release Risk Assessment Instruments. Following the
3 conference, the parole release panel shall total the scores
4 of the Parole Release Risk Assessment Instrument. A score of
5 39 or less classifies the parole applicant as an acceptable
6 risk, and parole shall be granted. A score of 40 or more
7 classifies the parole applicant as an unacceptable risk, and
8 parole shall be denied unless the score is overridden by a
9 majority vote of the panel. When parole is denied a
10 rationale shall be prepared by at least one member of the
11 panel that states which elements of the Parole Release Risk
12 Assessment Instruments serve as the basis for denial and that
13 must change so that the parole applicant becomes an
14 Acceptable Risk. The Board shall arrive at the parole release
15 decision based on use of objective risk assessment
16 instruments and as an exercise of grace and executing
17 discretion as limited and defined in subsection (b-5) of
18 Section 3-3-8. The Board shall parole persons receiving a
19 total score of 39 or less on the Parole Release Risk
20 Assessment Instrument, and shall not parole those receiving a
21 score of 40 or more unless the score is overridden by a
22 majority vote of the parole release panel.
23 In determining whether to grant or deny parole, the Board
24 shall determine whether the parole applicant is an Acceptable
25 Risk, and the Instrument it uses shall include factors
26 evident from the inmate's prior history, committing offense,
27 institutional adjustment, and parole plan, and
28 rehabilitation, as contained in the Parole Release Risk
29 Assessment Instrument as follows:
30 (1) Total number of adjudications as a delinquent minor.
31 (A) None.............................Enter 0
32 (B) One..............................Enter 1
33 Two or more...........................Enter 3.....
34 (2) Total number of prior probation/parole
-10- LRB093 08154 RLC 08360 b
1 /release revocations.
2 (A) one..............................Enter 0
3 (B) Two or more......................Enter 2.....
4 (3) Record of convictions or adjudications
5 for selected offenses (include current
6 offense).
7 (A) None of the below................Enter 0
8 (B) Forgery, deceptive practices.....Enter 1
9 (C) Other property, assaultive, or
10 weapons offense..................Enter 2
11 (D) Burglary.........................Enter 3.....
12 (4) Age at first conviction or
13 adjudication.
14 (A) 19 years or less.................Enter 0
15 (B) 20-23 years......................Enter 1
16 (C) 24 years or older................Enter 2.....
17 (5) Compliance with the conditions of
18 the institution (Last 15 years).
19 (A) Total major tickets 0-3..........Enter 0
20 (B) Total major tickets 4-10.........Enter 2
21 (C) Total tickets ll+ or any one of
22 these tickets (escape, gang
23 activity, murder/death,
24 dangerous disturbance, assault,
25 forced sexual, misconduct
26 or arson)........................Enter 4.....
27 (6) Percent of time employed/in
28 training/in school-current (in
29 institution) or percent of time
30 employed/in training/in school
31 immediately prior to incarceration.
32 (A) 60% or more......................Enter 0
33 (B) 40-59%...........................Enter 1
34 (C) Under 40%........................Enter 2
-11- LRB093 08154 RLC 08360 b
1 (7) Interpersonal problems in current
2 and/or previous living situation.
3 (A) None.............................Enter 0
4 (B) Few..............................Enter 1
5 (C) Moderate.........................Enter 3
6 (D) Severe...........................Enter 5.....
7 (8) Social interaction.
8 (A) Mainly with non-gang or
9 non-criminally oriented
10 groups/individuals...............Enter 0
11 (B) Mainly with gang or criminally
12 oriented groups/individualsEnter 3.....
13 (9) Counselor's appraisal of inmate's
14 attitude.
15 (A) Sincere desire to behave
16 responsibly......................Enter 0
17 (B) Dependent or irresponsible.......Enter 3
18 (C) No indication of motivation to
19 behave responsibly...............Enter 5.....
20 (10) Likelihood of basic human needs
21 after release.
22 (A) Adequate food, shelter, and
23 clothing for inmate and
24 dependents is likely.............Enter 0
25 (B) Appropriate referrals for
26 assistance in ensuring that basic
27 needs are satisfied will be needed
28 - follow-up will be necessary....Enter 3
29 (C) Critical Problems - inmate and
30 dependents will lack basic life
31 essentials - urgent referral and
32 monitoring will be necessary.....Enter 7.....
33 (11) Likelihood of living arrangements
34 after release.
-12- LRB093 08154 RLC 08360 b
1 (A) Stable and supportive relationships
2 with family or others in living
3 group is likely..................Enter 0
4 (B) Inmate likely to live alone or
5 independently within another
6 household........................Enter 1
7 (C) Inmate likely to experience
8 occasional, moderate
9 interpersonal problems with
10 living group.....................Enter 3
11 (D) Inmate likely to experience
12 frequent and serious interpersonal
13 problems within living group..........Enter 6.....
14 (12) Emotional stability.
15 (A) no symptoms of emotional
16 instability, appropriate
17 emotional responses..............Enter 0
18 (B) Symptoms limit, but do not
19 prohibit adequate functions, e.g.,
20 excessive anxiety................Enter 4.....
21 (C) Symptoms prohibit adequate
22 functioning, e.g., lashes out or
23 retreats into self....................Enter 8.....
24 (13) Mental capacity.
25 (A) No documented mental retardation,
26 learning disability, or other
27 developmental disability..............Enter 0
28 (B) Documented mental retardation,
29 learning disability, or other
30 developmental disability..............Enter 6.....
31 (14) History of and/or current substance
32 abuse (alcohol or drugs).
33 (A) No evidence of problems related
34 to substance abuse....................Enter 0
-13- LRB093 08154 RLC 08360 b
1 (B) Evidence of a pattern of substance
2 abuse indicates a counseling/monitoring
3 and/or referral need required.........Enter 4.....
4 (C) Evidence of serious substance
5 abuse problems - intensive casework
6 services..............................Enter 7.....
7 (15) Academic and/or vocational.
8 (A) Inmate likely to have stable
9 employment and/or academic-
10 vocational training, no apparent
11 casework service need or inmate
12 and dependents supported by other
13 legitimate means (Social Security,
14 Public Aid, etc.)................Enter 0
15 (B) It is likely that vocational
16 advancement and/or training referral
17 assistance needs apparent and
18 desired by inmate; brokerage
19 services likely to be indicated
20 and/or utilized..................Enter 3
21 (C) Inmate is likely to be resistant
22 to vocational-academic case work
23 services and/or to rely upon
24 inappropriate or illegal means of
25 support..........................Enter 7.....
26 (16) Counselor's impression of inmate needs.
27 (A) Low casework service needs.......Enter 1
28 (B) Medium casework service needs....Enter 4
29 (C) High casework service needs......Enter 7.....
30 The Board shall not parole a person eligible for
31 parole if it determines that:
32 (1) there is a substantial risk that he will not
33 conform to reasonable conditions of parole; or
34 (2) his release at that time would deprecate the
-14- LRB093 08154 RLC 08360 b
1 seriousness of his offense or promote disrespect for the
2 law; or
3 (3) his release would have a substantially adverse
4 effect on institutional discipline.
5 (d) A person committed under the Juvenile Court Act or
6 the Juvenile Court Act of 1987 who has not been sooner
7 released shall be paroled on or before his 20th birthday to
8 begin serving a period of parole under Section 3-3-8.
9 (e) A person who has served the maximum term of
10 imprisonment imposed at the time of sentencing less time
11 credit for good behavior shall be released on parole to serve
12 a period of parole under Section 5-8-1.
13 (f) The Board shall render its decision within 21 daysa
14 reasonable time after hearing and shall state the basis
15 therefor both in the records of the Board and in written
16 notice to the person on whose application it has acted. In
17 its decision, the Board shall set the person's time for
18 parole, or if it denies parole it shall provide for a
19 rehearing not less frequently than once every year, except
20 that the Board may, after denying parole, schedule a
21 rehearing no later than 3 years from the date of the parole
22 denial, if the Board finds that it is not reasonable to
23 expect that parole would be granted at a hearing prior to the
24 scheduled rehearing date. If the Board shall parole a person,
25 and, if he is not released within 90 days from the effective
26 date of the order granting parole, the matter shall be
27 returned to the Board for review.
28 (g) The Board shall maintain a registry of decisions in
29 which parole has been granted, which shall include the name
30 and case number of the prisoner, the highest charge for which
31 the prisoner was sentenced, the length of sentence imposed,
32 the date of the sentence, the date of the parole, the basis
33 for the decision of the Board to grant parole and the vote of
34 the Board on any such decisions. The registry shall be made
-15- LRB093 08154 RLC 08360 b
1 available for public inspection and copying during business
2 hours and shall be a public record pursuant to the provisions
3 of the Freedom of Information Act.
4 (h) The Board shall promulgate rules regarding the
5 exercise of its discretion under this Section.
6 (Source: P.A. 91-798, eff. 7-9-00; 91-946, eff. 2-9-01.)
7 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
8 Sec. 3-3-8. Length of parole and mandatory supervised
9 release; discharge.)
10 (a) The length of parole for a person sentenced under
11 the law in effect prior to the effective date of this
12 amendatory Act of 1977 and the length of mandatory supervised
13 release for those sentenced under the law in effect on and
14 after such effective date shall be as set out in Section
15 5-8-1 unless sooner terminated under paragraph (b) of this
16 Section. The term of parole or mandatory supervised release
17 shall begin to run as of the date the Prisoner Review Board
18 votes to release such person on parole or the date on which
19 such person is no longer imprisoned, which ever is earlier.
20 The parole period of a juvenile committed to the Department
21 under the Juvenile Court Act or the Juvenile Court Act of
22 1987 shall extend until he is 21 years of age unless sooner
23 terminated under paragraph (b) of this Section.
24 (b) The Prisoner Review Board may enter an order
25 releasing and discharging one from parole or mandatory
26 supervised release, and his commitment to the Department,
27 when it determines that he is likely to remain at liberty
28 without committing another offense.
29 (b-5) The Prisoner Review Board shall enter an order
30 releasing a person who is eligible for parole from
31 confinement in a correctional institution or facility,
32 regardless of the Parole Risk Assessment Instruments, if in
33 the assessment of a physician licensed to practice medicine
-16- LRB093 08154 RLC 08360 b
1 in all of its branches the person is terminally ill and would
2 not pose a threat of causing death or great bodily injury to
3 another person if released.
4 (c) The order of discharge shall become effective upon
5 entry of the order of the Board. The Board shall notify the
6 clerk of the committing court of the order. Upon receipt of
7 such copy, the clerk shall make an entry on the record
8 judgment that the sentence or commitment has been satisfied
9 pursuant to the order.
10 (d) Rights of the person discharged under this Section
11 shall be restored under Section 5-5-5. This Section is
12 subject to Section 5-750 of the Juvenile Court Act of 1987.
13 (Source: P.A. 90-590, eff. 1-1-99.)
14 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
15 Sec. 5-8-1. Sentence of Imprisonment for Felony.
16 (a) Except as otherwise provided in the statute defining
17 the offense, a sentence of imprisonment for a felony shall be
18 a determinate sentence set by the court under this Section,
19 according to the following limitations:
20 (1) for first degree murder,
21 (a) a term shall be not less than 20 years and
22 not more than 60 years, or
23 (b) if a trier of fact finds beyond a
24 reasonable doubt that the murder was accompanied by
25 exceptionally brutal or heinous behavior indicative
26 of wanton cruelty or, except as set forth in
27 subsection (a)(1)(c) of this Section, that any of
28 the aggravating factors listed in subsection (b) of
29 Section 9-1 of the Criminal Code of 1961 are
30 present, the court may sentence the defendant to a
31 term of natural life imprisonment, or
32 (c) the court shall sentence the defendant to
33 a term of natural life imprisonment when the death
-17- LRB093 08154 RLC 08360 b
1 penalty is not imposed if the defendant,
2 (i) has previously been convicted of
3 first degree murder under any state or federal
4 law, or
5 (ii) is a person who, at the time of the
6 commission of the murder, had attained the age
7 of 17 or more and is found guilty of murdering
8 an individual under 12 years of age; or,
9 irrespective of the defendant's age at the time
10 of the commission of the offense, is found
11 guilty of murdering more than one victim, or
12 (iii) is found guilty of murdering a
13 peace officer or fireman when the peace officer
14 or fireman was killed in the course of
15 performing his official duties, or to prevent
16 the peace officer or fireman from performing
17 his official duties, or in retaliation for the
18 peace officer or fireman performing his
19 official duties, and the defendant knew or
20 should have known that the murdered individual
21 was a peace officer or fireman, or
22 (iv) is found guilty of murdering an
23 employee of an institution or facility of the
24 Department of Corrections, or any similar local
25 correctional agency, when the employee was
26 killed in the course of performing his official
27 duties, or to prevent the employee from
28 performing his official duties, or in
29 retaliation for the employee performing his
30 official duties, or
31 (v) is found guilty of murdering an
32 emergency medical technician - ambulance,
33 emergency medical technician - intermediate,
34 emergency medical technician - paramedic,
-18- LRB093 08154 RLC 08360 b
1 ambulance driver or other medical assistance or
2 first aid person while employed by a
3 municipality or other governmental unit when
4 the person was killed in the course of
5 performing official duties or to prevent the
6 person from performing official duties or in
7 retaliation for performing official duties and
8 the defendant knew or should have known that
9 the murdered individual was an emergency
10 medical technician - ambulance, emergency
11 medical technician - intermediate, emergency
12 medical technician - paramedic, ambulance
13 driver, or other medical assistant or first aid
14 personnel, or
15 (vi) is a person who, at the time of the
16 commission of the murder, had not attained the
17 age of 17, and is found guilty of murdering a
18 person under 12 years of age and the murder is
19 committed during the course of aggravated
20 criminal sexual assault, criminal sexual
21 assault, or aggravated kidnaping, or
22 (vii) is found guilty of first degree
23 murder and the murder was committed by reason
24 of any person's activity as a community
25 policing volunteer or to prevent any person
26 from engaging in activity as a community
27 policing volunteer. For the purpose of this
28 Section, "community policing volunteer" has the
29 meaning ascribed to it in Section 2-3.5 of the
30 Criminal Code of 1961.
31 For purposes of clause (v), "emergency medical
32 technician - ambulance", "emergency medical
33 technician - intermediate", "emergency medical
34 technician - paramedic", have the meanings ascribed
-19- LRB093 08154 RLC 08360 b
1 to them in the Emergency Medical Services (EMS)
2 Systems Act.
3 (d) (i) if the person committed the offense
4 while armed with a firearm, 15 years shall be
5 added to the term of imprisonment imposed by
6 the court;
7 (ii) if, during the commission of the
8 offense, the person personally discharged a
9 firearm, 20 years shall be added to the term of
10 imprisonment imposed by the court;
11 (iii) if, during the commission of the
12 offense, the person personally discharged a
13 firearm that proximately caused great bodily
14 harm, permanent disability, permanent
15 disfigurement, or death to another person, 25
16 years or up to a term of natural life shall be
17 added to the term of imprisonment imposed by
18 the court.
19 (1.5) for second degree murder, a term shall be not
20 less than 4 years and not more than 20 years;
21 (2) for a person adjudged a habitual criminal under
22 Article 33B of the Criminal Code of 1961, as amended, the
23 sentence shall be a term of natural life imprisonment;
24 (2.5) for a person convicted under the
25 circumstances described in paragraph (3) of subsection
26 (b) of Section 12-13, paragraph (2) of subsection (d) of
27 Section 12-14, paragraph (1.2) of subsection (b) of
28 Section 12-14.1, or paragraph (2) of subsection (b) of
29 Section 12-14.1 of the Criminal Code of 1961, the
30 sentence shall be a term of natural life imprisonment;
31 (3) except as otherwise provided in the statute
32 defining the offense, for a Class X felony, the sentence
33 shall be not less than 6 years and not more than 30
34 years;
-20- LRB093 08154 RLC 08360 b
1 (4) for a Class 1 felony, other than second degree
2 murder, the sentence shall be not less than 4 years and
3 not more than 15 years;
4 (5) for a Class 2 felony, the sentence shall be not
5 less than 3 years and not more than 7 years;
6 (6) for a Class 3 felony, the sentence shall be not
7 less than 2 years and not more than 5 years;
8 (7) for a Class 4 felony, the sentence shall be not
9 less than 1 year and not more than 3 years.
10 (b) The sentencing judge in each felony conviction shall
11 set forth his reasons for imposing the particular sentence he
12 enters in the case, as provided in Section 5-4-1 of this
13 Code. Those reasons may include any mitigating or
14 aggravating factors specified in this Code, or the lack of
15 any such circumstances, as well as any other such factors as
16 the judge shall set forth on the record that are consistent
17 with the purposes and principles of sentencing set out in
18 this Code.
19 (c) A motion to reduce a sentence may be made, or the
20 court may reduce a sentence without motion, within 30 days
21 after the sentence is imposed. A defendant's challenge to
22 the correctness of a sentence or to any aspect of the
23 sentencing hearing shall be made by a written motion filed
24 within 30 days following the imposition of sentence.
25 However, the court may not increase a sentence once it is
26 imposed.
27 If a motion filed pursuant to this subsection is timely
28 filed within 30 days after the sentence is imposed, the
29 proponent of the motion shall exercise due diligence in
30 seeking a determination on the motion and the court shall
31 thereafter decide such motion within a reasonable time.
32 If a motion filed pursuant to this subsection is timely
33 filed within 30 days after the sentence is imposed, then for
34 purposes of perfecting an appeal, a final judgment shall not
-21- LRB093 08154 RLC 08360 b
1 be considered to have been entered until the motion to reduce
2 a sentence has been decided by order entered by the trial
3 court.
4 A motion filed pursuant to this subsection shall not be
5 considered to have been timely filed unless it is filed with
6 the circuit court clerk within 30 days after the sentence is
7 imposed together with a notice of motion, which notice of
8 motion shall set the motion on the court's calendar on a date
9 certain within a reasonable time after the date of filing.
10 (d) Except where a term of natural life is imposed,
11 every sentence shall include as though written therein a term
12 in addition to the term of imprisonment. For those sentenced
13 under the law in effect prior to February 1, 1978, such term
14 shall be identified as a parole term. For those sentenced on
15 or after February 1, 1978, such term shall be identified as a
16 mandatory supervised release term. Subject to earlier
17 termination under Section 3-3-8, the parole or mandatory
18 supervised release term shall be as follows:
19 (1) for first degree murder or a Class X felony, 3
20 years;
21 (2) for a Class 1 felony or a Class 2 felony, 2
22 years;
23 (3) for a Class 3 felony or a Class 4 felony, 1
24 year;
25 (4) if the victim is under 18 years of age, for a
26 second or subsequent offense of criminal sexual assault
27 or aggravated criminal sexual assault, 5 years, at least
28 the first 2 years of which the defendant shall serve in
29 an electronic home detention program under Article 8A of
30 Chapter V of this Code;
31 (5) if the victim is under 18 years of age, for a
32 second or subsequent offense of aggravated criminal
33 sexual abuse or felony criminal sexual abuse, 4 years, at
34 least the first 2 years of which the defendant shall
-22- LRB093 08154 RLC 08360 b
1 serve in an electronic home detention program under
2 Article 8A of Chapter V of this Code.
3 The term of parole or mandatory supervised release shall
4 begin to run as of the date the Prisoner Review Board votes
5 to release such person on parole or the date on which such
6 person is no longer imprisoned, which ever is earlier.
7 (e) A defendant who has a previous and unexpired
8 sentence of imprisonment imposed by another state or by any
9 district court of the United States and who, after sentence
10 for a crime in Illinois, must return to serve the unexpired
11 prior sentence may have his sentence by the Illinois court
12 ordered to be concurrent with the prior sentence in the other
13 state. The court may order that any time served on the
14 unexpired portion of the sentence in the other state, prior
15 to his return to Illinois, shall be credited on his Illinois
16 sentence. The other state shall be furnished with a copy of
17 the order imposing sentence which shall provide that, when
18 the offender is released from confinement of the other state,
19 whether by parole or by termination of sentence, the offender
20 shall be transferred by the Sheriff of the committing county
21 to the Illinois Department of Corrections. The court shall
22 cause the Department of Corrections to be notified of such
23 sentence at the time of commitment and to be provided with
24 copies of all records regarding the sentence.
25 (f) A defendant who has a previous and unexpired
26 sentence of imprisonment imposed by an Illinois circuit court
27 for a crime in this State and who is subsequently sentenced
28 to a term of imprisonment by another state or by any district
29 court of the United States and who has served a term of
30 imprisonment imposed by the other state or district court of
31 the United States, and must return to serve the unexpired
32 prior sentence imposed by the Illinois Circuit Court may
33 apply to the court which imposed sentence to have his
34 sentence reduced.
-23- LRB093 08154 RLC 08360 b
1 The circuit court may order that any time served on the
2 sentence imposed by the other state or district court of the
3 United States be credited on his Illinois sentence. Such
4 application for reduction of a sentence under this
5 subsection (f) shall be made within 30 days after the
6 defendant has completed the sentence imposed by the other
7 state or district court of the United States.
8 (Source: P.A. 91-279, eff. 1-1-00; 91-404, eff. 1-1-00;
9 91-953, eff. 2-23-01; 92-16, eff. 6-28-01.)
10 Section 99. Effective date. This Act takes effect July
11 1, 2003.
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