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Full Text of HB0306  97th General Assembly

HB0306eng 97TH GENERAL ASSEMBLY



 


 
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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.
14        (j) To cooperate with other departments and agencies
15    and with local communities for the development of standards
16    and programs for better correctional services in this
17    State.
18        (k) To administer all moneys and properties of the
19    Department.
20        (l) To report annually to the Governor on the committed
21    persons, institutions and programs of the Department.
22        (l-5) In a confidential annual report to the Governor,
23    the Department shall identify all inmate gangs by
24    specifying each current gang's name, population and allied
25    gangs. The Department shall further specify the number of
26    top leaders identified by the Department for each gang

 

 

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1    during the past year, and the measures taken by the
2    Department to segregate each leader from his or her gang
3    and allied gangs. The Department shall further report the
4    current status of leaders identified and segregated in
5    previous years. All leaders described in the report shall
6    be identified by inmate number or other designation to
7    enable tracking, auditing, and verification without
8    revealing the names of the leaders. Because this report
9    contains law enforcement intelligence information
10    collected by the Department, the report is confidential and
11    not subject to public disclosure.
12        (m) To make all rules and regulations and exercise all
13    powers and duties vested by law in the Department.
14        (n) To establish rules and regulations for
15    administering a system of good conduct credits,
16    established in accordance with Section 3-6-3, subject to
17    review by the Prisoner Review Board.
18        (o) To administer the distribution of funds from the
19    State Treasury to reimburse counties where State penal
20    institutions are located for the payment of assistant
21    state's attorneys' salaries under Section 4-2001 of the
22    Counties Code.
23        (p) To exchange information with the Department of
24    Human Services and the Department of Healthcare and Family
25    Services for the purpose of verifying living arrangements
26    and for other purposes directly connected with the

 

 

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1    administration of this Code and the Illinois Public Aid
2    Code.
3        (q) To establish a diversion program.
4        The program shall provide a structured environment for
5    selected technical parole or mandatory supervised release
6    violators and committed persons who have violated the rules
7    governing their conduct while in work release. This program
8    shall not apply to those persons who have committed a new
9    offense while serving on parole or mandatory supervised
10    release or while committed to work release.
11        Elements of the program shall include, but shall not be
12    limited to, the following:
13            (1) The staff of a diversion facility shall provide
14        supervision in accordance with required objectives set
15        by the facility.
16            (2) Participants shall be required to maintain
17        employment.
18            (3) Each participant shall pay for room and board
19        at the facility on a sliding-scale basis according to
20        the participant's income.
21            (4) Each participant shall:
22                (A) provide restitution to victims in
23            accordance with any court order;
24                (B) provide financial support to his
25            dependents; and
26                (C) make appropriate payments toward any other

 

 

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1            court-ordered obligations.
2            (5) Each participant shall complete community
3        service in addition to employment.
4            (6) Participants shall take part in such
5        counseling, educational and other programs as the
6        Department may deem appropriate.
7            (7) Participants shall submit to drug and alcohol
8        screening.
9            (8) The Department shall promulgate rules
10        governing the administration of the program.
11        (r) To enter into intergovernmental cooperation
12    agreements under which persons in the custody of the
13    Department may participate in a county impact
14    incarceration program established under Section 3-6038 or
15    3-15003.5 of the Counties Code.
16        (r-5) (Blank).
17        (r-10) To systematically and routinely identify with
18    respect to each streetgang active within the correctional
19    system: (1) each active gang; (2) every existing inter-gang
20    affiliation or alliance; and (3) the current leaders in
21    each gang. The Department shall promptly segregate leaders
22    from inmates who belong to their gangs and allied gangs.
23    "Segregate" means no physical contact and, to the extent
24    possible under the conditions and space available at the
25    correctional facility, prohibition of visual and sound
26    communication. For the purposes of this paragraph (r-10),

 

 

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1    "leaders" means persons who:
2            (i) are members of a criminal streetgang;
3            (ii) with respect to other individuals within the
4        streetgang, occupy a position of organizer,
5        supervisor, or other position of management or
6        leadership; and
7            (iii) are actively and personally engaged in
8        directing, ordering, authorizing, or requesting
9        commission of criminal acts by others, which are
10        punishable as a felony, in furtherance of streetgang
11        related activity both within and outside of the
12        Department of Corrections.
13    "Streetgang", "gang", and "streetgang related" have the
14    meanings ascribed to them in Section 10 of the Illinois
15    Streetgang Terrorism Omnibus Prevention Act.
16        (s) To operate a super-maximum security institution,
17    in order to manage and supervise inmates who are disruptive
18    or dangerous and provide for the safety and security of the
19    staff and the other inmates.
20        (t) To monitor any unprivileged conversation or any
21    unprivileged communication, whether in person or by mail,
22    telephone, or other means, between an inmate who, before
23    commitment to the Department, was a member of an organized
24    gang and any other person without the need to show cause or
25    satisfy any other requirement of law before beginning the
26    monitoring, except as constitutionally required. The

 

 

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1    monitoring may be by video, voice, or other method of
2    recording or by any other means. As used in this
3    subdivision (1)(t), "organized gang" has the meaning
4    ascribed to it in Section 10 of the Illinois Streetgang
5    Terrorism Omnibus Prevention Act.
6        As used in this subdivision (1)(t), "unprivileged
7    conversation" or "unprivileged communication" means a
8    conversation or communication that is not protected by any
9    privilege recognized by law or by decision, rule, or order
10    of the Illinois Supreme Court.
11        (u) To establish a Women's and Children's Pre-release
12    Community Supervision Program for the purpose of providing
13    housing and services to eligible female inmates, as
14    determined by the Department, and their newborn and young
15    children.
16        (u-5) To issue an order, whenever a person committed to
17    the Department absconds or absents himself or herself,
18    without authority to do so, from any facility or program to
19    which he or she is assigned. The order shall be certified
20    by the Director, the Supervisor of the Apprehension Unit,
21    or any person duly designated by the Director, with the
22    seal of the Department affixed. The order shall be directed
23    to all sheriffs, coroners, and police officers, or to any
24    particular person named in the order. Any order issued
25    pursuant to this subdivision (1) (u-5) shall be sufficient
26    warrant for the officer or person named in the order to

 

 

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1    arrest and deliver the committed person to the proper
2    correctional officials and shall be executed the same as
3    criminal process.
4        (v) To do all other acts necessary to carry out the
5    provisions of this Chapter.
6    (2) The Department of Corrections shall by January 1, 1998,
7consider building and operating a correctional facility within
8100 miles of a county of over 2,000,000 inhabitants, especially
9a facility designed to house juvenile participants in the
10impact incarceration program.
11    (3) When the Department lets bids for contracts for medical
12services to be provided to persons committed to Department
13facilities by a health maintenance organization, medical
14service corporation, or other health care provider, the bid may
15only be let to a health care provider that has obtained an
16irrevocable letter of credit or performance bond issued by a
17company whose bonds are rated AAA by a bond rating
18organization.
19    (4) When the Department lets bids for contracts for food or
20commissary services to be provided to Department facilities,
21the bid may only be let to a food or commissary services
22provider that has obtained an irrevocable letter of credit or
23performance bond issued by a company whose bonds are rated AAA
24by a bond rating organization.
25    (5) The Illinois Department of Corrections (IDOC) shall
26enter into a Memorandum of Understanding (MOU) with U.S.

 

 

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1Immigration and Customs Enforcement (ICE), pursuant to Section
2241(a) of the Immigration and Nationality Act, codified at 8
3U.S.C. Section 1231(a), as amended by the Homeland Security Act
4of 2002, Public Law No. 107-296 as codified at 8 U.S.C.
5Sections 131-134 which authorizes the Secretary of the
6Department of Homeland Security to enter into written
7agreements with a state or any political subdivision of a state
8to remove certain non-United States citizens in the custody of
9that state. The purpose of the MOU is to set forth terms by
10which ICE and IDOC will cooperate in a Rapid Removal of
11Eligible Parolees Accepted for Transfer ("Rapid REPAT")
12program, which allows for early conditional release for
13deportation of such noncitizens to their home countries. The
14MOU shall provide that a person may take part in this program
15only if a final order of deportation has been issued against
16such person, provided that prior to the issuance of such an
17order:
18        (A) the person has been advised of and given a full and
19    fair opportunity to exercise his or her rights under
20    federal immigration law to a hearing before an immigration
21    judge to contest his or her removal from the United States,
22    including but not limited to the right to seek and consult
23    with legal counsel and to be represented by counsel at such
24    hearing, to present evidence in support of any applicable
25    defense to a removal proceeding or claim for relief from
26    removal, and to seek review of an adverse decision by such

 

 

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1    judge;
2        (B) the person has been informed of available legal
3    referral services and of law firms and not-for-profit
4    organizations that provide free or low-cost legal
5    assistance; and
6        (C) the information described in subparagraphs (A) and
7    (B) has been provided verbally and in writing in English
8    and in the person's native language.
9(Source: P.A. 96-1265, eff. 7-26-10.)
 
10    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
11    Sec. 3-3-2. Powers and Duties.
12    (a) The Parole and Pardon Board is abolished and the term
13"Parole and Pardon Board" as used in any law of Illinois, shall
14read "Prisoner Review Board." After the effective date of this
15amendatory Act of 1977, the Prisoner Review Board shall provide
16by rule for the orderly transition of all files, records, and
17documents of the Parole and Pardon Board and for such other
18steps as may be necessary to effect an orderly transition and
19shall:
20        (1) hear by at least one member and through a panel of
21    at least 3 members decide, cases of prisoners who were
22    sentenced under the law in effect prior to the effective
23    date of this amendatory Act of 1977, and who are eligible
24    for parole;
25        (2) hear by at least one member and through a panel of

 

 

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

 

 

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

 

 

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1    effective date of this amendatory Act of 1977, in
2    accordance with Section 3-3-2.1 of this Code;
3        (6) hear by at least one member and through a panel of
4    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;
9        (8) hear by at least one member and, through a panel of
10    at least 3 members, decide cases brought by the Department
11    of Corrections against a prisoner in the custody of the
12    Department for court dismissal of a frivolous lawsuit
13    pursuant to Section 3-6-3(d) of this Code in which the
14    Department seeks to revoke up to 180 days of good conduct
15    credit, and if the prisoner has not accumulated 180 days of
16    good conduct credit at the time of the dismissal, then all
17    good conduct credit accumulated by the prisoner shall be
18    revoked; and
19        (9) hear by at least 3 members, and, through a panel of
20    at least 3 members, decide whether to grant certificates of
21    relief from disabilities or certificates of good conduct as
22    provided in Article 5.5 of Chapter V; and .
23        (10) hear by at least one member and, through a panel
24    of at least 3 members, decide all requests for early
25    conditional release under the Rapid REPAT program
26    described in subsection (5) of Section 3-2-2 of this Code.

 

 

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

 

 

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

 

 

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

 

 

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1the Governor for submission to the Legislature.
2(Source: P.A. 96-875, eff. 1-22-10.)
 
3    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
4    Sec. 3-3-3. Eligibility for Parole or Release.
5    (a) Except for those offenders who accept the fixed release
6date established by the Prisoner Review Board under Section
73-3-2.1, every person serving a term of imprisonment under the
8law in effect prior to the effective date of this amendatory
9Act of 1977 shall be eligible for parole when he has served:
10        (1) the minimum term of an indeterminate sentence less
11    time credit for good behavior, or 20 years less time credit
12    for good behavior, whichever is less; or
13        (2) 20 years of a life sentence less time credit for
14    good behavior; or
15        (3) 20 years or one-third of a determinate sentence,
16    whichever is less, less time credit for good behavior.
17    (b) No person sentenced under this amendatory Act of 1977
18or who accepts a release date under Section 3-3-2.1 shall be
19eligible for parole.
20    (c) Except for those sentenced to a term of natural life
21imprisonment, every person sentenced to imprisonment under
22this amendatory Act of 1977 or given a release date under
23Section 3-3-2.1 of this Act shall serve the full term of a
24determinate sentence less time credit for good behavior and
25shall then be released under the mandatory supervised release

 

 

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1provisions of paragraph (d) of Section 5-8-1 of this Code.
2    (d) No person serving a term of natural life imprisonment
3may be paroled or released except through executive clemency.
4    (e) Every person committed to the Department of Juvenile
5Justice under Section 5-10 of the Juvenile Court Act or Section
65-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
7this Code and confined in the State correctional institutions
8or facilities if such juvenile has not been tried as an adult
9shall be eligible for parole without regard to the length of
10time the person has been confined or whether the person has
11served any minimum term imposed. However, if a juvenile has
12been tried as an adult he shall only be eligible for parole or
13mandatory supervised release as an adult under this Section.
14    (f) Notwithstanding any other provision of law, any person
15in the custody of IDOC who is not a citizen of the United
16States who meets the following criteria may be released by the
17Prisoner Review Board to the custody of the United States
18Department of Homeland Security, Immigration and Customs
19Enforcement under the Rapid REPAT program described in
20subsection (5) of Section 3-2-2 of this Code:
21        (1) the person has requested such release voluntarily,
22    but only after:
23            (A) IDOC has identified the person as potentially
24        eligible for the Rapid REPAT program based on the
25        person having fulfilled the requirements in paragraphs
26        (2), (3), and (4) of this subsection (f);

 

 

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1            (B) subsequent to the identification described in
2        subparagraph (A) of this paragraph (1), IDOC has fully
3        informed the person, both verbally and in writing in
4        English and in the person's native language, about the
5        Rapid REPAT program, including the program
6        requirements for transfer to Immigration and Customs
7        Enforcement and removal from the United States and the
8        consequences of returning to the United States
9        illegally subsequent to removal; and
10            (C) IDOC has provided the person with a written
11        list of names and phone numbers of legal resources with
12        which the person may seek legal consultation,
13        including legal referral services, law firms, and
14        not-for-profit organizations that provide free or
15        low-cost legal assistance;
16        (2) a final order of deportation has been issued
17    against the person, provided that prior to the issuance of
18    such an order, the person has been provided the information
19    described in the last sentence of subsection (5) of Section
20    3-2-2 of this Code, and provided further that Immigration
21    and Customs Enforcement has notified IDOC that the person
22    has exhausted or voluntarily waived in writing any further
23    rights to seek review of such order;
24        (3) the person has less than one year remaining on his
25    or her sentence of incarceration with the Department of
26    Corrections; and

 

 

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1        (4) the person is not serving a sentence for a forcible
2    felony, as defined in the Criminal Code of 1961; for any
3    offense "directed against the person", as identified in
4    Part B of Title III of the Criminal Code of 1961; for any
5    offense "affecting governmental functions", as identified
6    in Part E of Title III of the Criminal Code of 1961; for
7    any "aggravated" offense, as identified in Part F of Title
8    III of the Criminal Code of 1961; or for an offense falling
9    into a Class of felony other than Class 3 or 4, as set out
10    in the Criminal Code of 1961 and the Unified Code of
11    Corrections.
12    The Board may condition the early conditional release of a
13person under this paragraph on receipt of assurance from
14Immigration and Customs Enforcement that the order of
15deportation will be executed promptly and that a person
16released hereunder will not be released from the custody of
17Immigration and Customs Enforcement, unless such release is a
18result of deportation, without notice to the Board and an
19opportunity for issuance of a parole violation warrant for the
20retaking of the person.
21    If a person released under this subsection returns
22illegally to the United States, on notification from any
23federal, state, or local law enforcement authority that the
24person is in custody, the Board shall revoke his or her early
25conditional release. Thereafter, the person shall not be
26eligible for release without first having served the full

 

 

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1remainder of his or her term of incarceration. In such event,
2though, the time spent in the custody of Immigration and
3Customs Enforcement shall be credited against the remainder of
4the term of incarceration.
5(Source: P.A. 94-696, eff. 6-1-06.)
 
6    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
7    Sec. 3-3-8. Length of parole and mandatory supervised
8release; discharge.)
9    (a) The length of parole for a person sentenced under the
10law in effect prior to the effective date of this amendatory
11Act of 1977 and the length of mandatory supervised release for
12those sentenced under the law in effect on and after such
13effective date shall be as set out in Section 5-8-1 unless
14sooner terminated under paragraph (b) of this Section. The
15parole period of a juvenile committed to the Department under
16the Juvenile Court Act or the Juvenile Court Act of 1987 shall
17extend until he is 21 years of age unless sooner terminated
18under paragraph (b) of this Section.
19    (b) The Prisoner Review Board may enter an order releasing
20and discharging one from parole or mandatory supervised
21release, and his commitment to the Department, when it
22determines that he is likely to remain at liberty without
23committing another offense.
24    (b-1) The Prisoner Review Board may enter an order granting
25early conditional release under the Rapid REPAT program

 

 

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1described in subsection (5) of Section 3-2-2 of this Code in
2accordance with subsection (f) of Section 3-3-3 of this Code.
3    (c) The order of discharge shall become effective upon
4entry of the order of the Board. The Board shall notify the
5clerk of the committing court of the order. Upon receipt of
6such copy, the clerk shall make an entry on the record judgment
7that the sentence or commitment has been satisfied pursuant to
8the order.
9    (d) Rights of the person discharged under this Section
10shall be restored under Section 5-5-5. This Section is subject
11to Section 5-750 of the Juvenile Court Act of 1987.
12(Source: P.A. 90-590, eff. 1-1-99.)