093_SB0095

 
                                     LRB093 05669 RLC 05762 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The Unified Code of Corrections is amended
 5    by changing 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
 9    term  "Parole  and  Pardon  Board"  as  used  in  any  law of
10    Illinois, shall  read  "Prisoner  Review  Board."  After  the
11    effective  date  of this amendatory Act of 1977, the Prisoner
12    Review Board shall provide by rule for the orderly transition
13    of all files, records, and documents of the Parole and Pardon
14    Board and for such other steps as may be necessary to  effect
15    an orderly transition and shall:
16             (1)  hear by at least one member and through a panel
17        of 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
22        of at least 3 members decide, the  conditions  of  parole
23        and  the  time of discharge from parole, impose sanctions
24        for violations of parole, and  revoke  parole  for  those
25        sentenced   under   the  law  in  effect  prior  to  this
26        amendatory Act of 1977; provided  that  the  decision  to
27        parole and the conditions of parole for all prisoners who
28        were  sentenced for first degree murder or who received a
29        minimum sentence of 20 years or more  under  the  law  in
30        effect prior to February 1, 1978 shall be determined by a
31        majority vote of the Prisoner Review Board;
 
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 1             (3)  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
 4        mandatory  supervised  release,  impose   sanctions   for
 5        violations  of  mandatory  supervised release, and revoke
 6        mandatory supervised release for  those  sentenced  under
 7        the  law  in  effect  after  the  effective  date of this
 8        amendatory Act of 1977;
 9             (4)  hear by at least 1 member and through  a  panel
10        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  alleged  violation  of
13        Department  rules  with  respect  to good conduct credits
14        pursuant to Section 3-6-3  of  this  Code  in  which  the
15        Department  seeks  to revoke good conduct credits, if the
16        amount of time at issue exceeds 30 days or  when,  during
17        any  12  month  period,  the  cumulative amount of credit
18        revoked exceeds 30 days except where  the  infraction  is
19        committed  or  discovered  within  60  days  of scheduled
20        release. In such cases, the Department of Corrections may
21        revoke up to 30 days of good conduct  credit.  The  Board
22        may  subsequently  approve  the  revocation of additional
23        good conduct credit, if the Department  seeks  to  revoke
24        good  conduct  credit  in excess of thirty days. However,
25        the  Board  shall  not  be  empowered   to   review   the
26        Department's decision with respect to the loss of 30 days
27        of  good  conduct  credit for any prisoner or to increase
28        any  penalty  beyond  the   length   requested   by   the
29        Department;
30             (5)  hear by at least one member and through a panel
31        of  at  least  3  members  decide,  the release dates for
32        certain prisoners sentenced under the  law  in  existence
33        prior  to  the  effective  date of this amendatory Act of
34        1977, in accordance with Section 3-3-2.1 of this Code;
 
                            -3-      LRB093 05669 RLC 05762 b
 1             (6)  hear by at least one member and through a panel
 2        of 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; and
 7             (8)  hear by at least  one  member  and,  through  a
 8        panel  of at least 3 members, decide cases brought by the
 9        Department of  Corrections  against  a  prisoner  in  the
10        custody  of  the  Department  for  court  dismissal  of a
11        frivolous lawsuit pursuant to Section  3-6-3(d)  of  this
12        Code  in  which  the Department seeks to revoke up to 180
13        days of good conduct credit, and if the prisoner has  not
14        accumulated  180  days of good conduct credit at the time
15        of  the  dismissal,  then   all   good   conduct   credit
16        accumulated by the prisoner shall be revoked.
17        (a-5)  The Prisoner Review Board, with the cooperation of
18    and  in  coordination  with the Department of Corrections and
19    the Department of Central Management  Services,  may  provide
20    shall   implement   a   pilot   project   in  3  correctional
21    institutions providing for  the  conduct  of  hearings  under
22    paragraphs  (1)  and  (4)  of  subsection (a) of this Section
23    through interactive video conferences in as many correctional
24    institutions as the Board  deems  appropriate.   The  project
25    shall be implemented within 6 months after the effective date
26    of  this  amendatory  Act of 1996.  Within 6 months after the
27    implementation of the  pilot  project,  the  Prisoner  Review
28    Board,  with  the cooperation of and in coordination with the
29    Department of  Corrections  and  the  Department  of  Central
30    Management  Services,  shall  report  to the Governor and the
31    General Assembly regarding the use, costs, effectiveness, and
32    future  viability  of  interactive  video   conferences   for
33    Prisoner Review Board hearings.
34        (b)  Upon  recommendation of the Department the Board may
 
                            -4-      LRB093 05669 RLC 05762 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 05669 RLC 05762 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.)
 
                            -6-      LRB093 05669 RLC 05762 b
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.