Full Text of HB3668 98th General Assembly
HB3668eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 by | 5 | | changing Sections 3-3-2, 3-3-3, and 5-8-1 and by adding | 6 | | Sections 5-8-1.4 and 5-8-1.5 as 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 term | 10 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 11 | | read "Prisoner Review
Board." After the effective date of this | 12 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 13 | | by rule for the orderly transition of
all files, records, and | 14 | | documents of the Parole and Pardon Board and for
such other | 15 | | steps as may be necessary to effect an orderly transition and | 16 | | shall:
| 17 | | (1) hear by at least one member and through a panel of | 18 | | at least 3 members
decide, cases of prisoners
who were | 19 | | sentenced under the law in effect prior to the effective
| 20 | | date of this amendatory Act of 1977, and who are eligible | 21 | | for parole;
| 22 | | (2) hear by at least one member and through a panel of | 23 | | at least 3 members decide, the conditions of
parole and the |
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| 1 | | time of discharge from parole, impose sanctions for
| 2 | | violations of parole, and revoke
parole for those sentenced | 3 | | under the law in effect prior to this amendatory
Act of | 4 | | 1977; provided that the decision to parole and the | 5 | | conditions of
parole for all prisoners who were sentenced | 6 | | for first degree murder or who
received a minimum sentence | 7 | | of 20 years or more under the law in effect
prior to | 8 | | February 1, 1978 shall be determined by a majority vote of | 9 | | the
Prisoner Review Board. One representative supporting | 10 | | parole and one representative opposing parole will be | 11 | | allowed to speak. Their comments shall be limited to making | 12 | | corrections and filling in omissions to the Board's | 13 | | presentation and discussion;
| 14 | | (3) hear by at least one member and through a panel of | 15 | | at least 3 members decide, the conditions
of mandatory | 16 | | supervised release and the time of discharge from mandatory
| 17 | | supervised release, impose sanctions for violations of | 18 | | mandatory
supervised release, and revoke mandatory | 19 | | supervised release for those
sentenced under the law in | 20 | | effect after the effective date of this
amendatory Act of | 21 | | 1977;
| 22 | | (3.5) hear by at least one member and through a panel | 23 | | of at least 3 members decide, the conditions of mandatory | 24 | | supervised release and the time of discharge from mandatory | 25 | | supervised release, to impose sanctions for violations of | 26 | | mandatory supervised release and revoke mandatory |
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| 1 | | supervised release for those serving extended supervised | 2 | | release terms pursuant to paragraph (4) of subsection (d) | 3 | | of Section 5-8-1;
| 4 | | (3.6) hear by at least one member and through a panel | 5 | | of at least 3 members decide, the time of aftercare | 6 | | release, the conditions of aftercare release and the time | 7 | | of discharge from aftercare release, impose sanctions for | 8 | | violations of aftercare release, and revoke aftercare | 9 | | release for those adjudicated delinquent under the | 10 | | Juvenile Court Act of 1987;
| 11 | | (4) hear by at least one member and through a panel of | 12 | | at least 3
members,
decide cases brought by the Department | 13 | | of Corrections against a prisoner in
the custody of the | 14 | | Department for alleged violation of Department rules
with | 15 | | respect to sentence credits under Section 3-6-3 of this | 16 | | Code
in which the Department seeks to revoke sentence | 17 | | credits, if the amount
of time at issue exceeds 30 days or | 18 | | when, during any 12 month period, the
cumulative amount of | 19 | | credit revoked exceeds 30 days except where the
infraction | 20 | | is committed or discovered within 60 days of scheduled | 21 | | release.
In such cases, the Department of Corrections may | 22 | | revoke up to 30 days of
sentence credit. The Board may | 23 | | subsequently approve the revocation of
additional sentence | 24 | | credit, if the Department seeks to revoke sentence credit | 25 | | in excess of thirty days. However, the Board shall not be
| 26 | | empowered to review the Department's decision with respect |
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| 1 | | to the loss of
30 days of sentence credit for any prisoner | 2 | | or to increase any penalty
beyond the length requested by | 3 | | the Department;
| 4 | | (5) hear by at least one member and through a panel of | 5 | | at least 3
members decide, the
release dates for certain | 6 | | prisoners sentenced under the law in existence
prior to the | 7 | | effective date of this amendatory Act of 1977, in
| 8 | | accordance with Section 3-3-2.1 of this Code;
| 9 | | (6) hear by at least one member and through a panel of | 10 | | at least 3 members
decide, all requests for pardon, | 11 | | reprieve or commutation, and make confidential
| 12 | | recommendations to the Governor;
| 13 | | (7) comply with the requirements of the Open Parole | 14 | | Hearings Act;
| 15 | | (8) hear by at least one member and, through a panel of | 16 | | at least 3
members, decide cases brought by the Department | 17 | | of Corrections against a
prisoner in the custody of the | 18 | | Department for court dismissal of a frivolous
lawsuit | 19 | | pursuant to Section 3-6-3(d) of this Code in which the | 20 | | Department seeks
to revoke up to 180 days of sentence | 21 | | credit, and if the prisoner has not
accumulated 180 days of | 22 | | sentence credit at the time of the dismissal, then
all | 23 | | sentence credit accumulated by the prisoner shall be | 24 | | revoked;
| 25 | | (9) hear by at least 3 members, and, through a panel of | 26 | | at least 3
members, decide whether to grant certificates of |
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| 1 | | relief from
disabilities or certificates of good conduct as | 2 | | provided in Article 5.5 of
Chapter V; | 3 | | (10) upon a petition by a person who has been convicted | 4 | | of a Class 3 or Class 4 felony and who meets the | 5 | | requirements of this paragraph, hear by at least 3 members | 6 | | and, with the unanimous vote of a panel of 3 members, issue | 7 | | a certificate of eligibility for sealing recommending that | 8 | | the court order the sealing of all official
records of the | 9 | | arresting authority, the circuit court clerk, and the | 10 | | Department of State Police concerning the arrest and | 11 | | conviction for the Class 3 or 4 felony. A person may not | 12 | | apply to the Board for a certificate of eligibility for | 13 | | sealing: | 14 | | (A) until 5 years have elapsed since the expiration | 15 | | of his or her sentence; | 16 | | (B) until 5 years have elapsed since any arrests or | 17 | | detentions by a law enforcement officer for an alleged | 18 | | violation of law, other than a petty offense, traffic | 19 | | offense, conservation offense, or local ordinance | 20 | | offense; | 21 | | (C) if convicted of a violation of the Cannabis | 22 | | Control Act, Illinois Controlled Substances Act, the | 23 | | Methamphetamine Control and Community Protection Act, | 24 | | the Methamphetamine Precursor Control Act, or the | 25 | | Methamphetamine Precursor Tracking Act unless the | 26 | | petitioner has completed a drug abuse program for the |
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| 1 | | offense on which sealing is sought and provides proof | 2 | | that he or she has completed the program successfully; | 3 | | (D) if convicted of: | 4 | | (i) a sex offense described in Article 11 or | 5 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 6 | | the Criminal Code of 1961 or the Criminal Code of | 7 | | 2012; | 8 | | (ii) aggravated assault; | 9 | | (iii) aggravated battery; | 10 | | (iv) domestic battery; | 11 | | (v) aggravated domestic battery; | 12 | | (vi) violation of an order of protection; | 13 | | (vii) an offense under the Criminal Code of | 14 | | 1961 or the Criminal Code of 2012 involving a | 15 | | firearm; | 16 | | (viii) driving while under the influence of | 17 | | alcohol, other drug or drugs, intoxicating | 18 | | compound or compounds or any combination thereof; | 19 | | (ix) aggravated driving while under the | 20 | | influence of alcohol, other drug or drugs, | 21 | | intoxicating compound or compounds or any | 22 | | combination thereof; or | 23 | | (x) any crime defined as a crime of violence | 24 | | under Section 2 of the Crime Victims Compensation | 25 | | Act. | 26 | | If a person has applied to the Board for a certificate |
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| 1 | | of eligibility for sealing and the Board denies the | 2 | | certificate, the person must wait at least 4 years before | 3 | | filing again or filing for pardon from the Governor unless | 4 | | the Chairman of the Prisoner Review Board grants a waiver. | 5 | | The decision to issue or refrain from issuing a | 6 | | certificate of eligibility for sealing shall be at the | 7 | | Board's sole discretion, and shall not give rise to any | 8 | | cause of action against either the Board or its members. | 9 | | The Board may only authorize the sealing of Class 3 and | 10 | | 4 felony convictions of the petitioner from one information | 11 | | or indictment under this paragraph (10). A petitioner may | 12 | | only receive one certificate of eligibility for sealing | 13 | | under this provision for life; and
| 14 | | (11) upon a petition by a person who after having been | 15 | | convicted of a Class 3 or Class 4 felony thereafter served | 16 | | in the United States Armed Forces or National Guard of this | 17 | | or any other state and had received an honorable discharge | 18 | | from the United States Armed Forces or National Guard or | 19 | | who at the time of filing the petition is enlisted in the | 20 | | United States Armed Forces or National Guard of this or any | 21 | | other state and served one tour of duty and who meets the | 22 | | requirements of this paragraph, hear by at least 3 members | 23 | | and, with the unanimous vote of a panel of 3 members, issue | 24 | | a certificate of eligibility for expungement recommending | 25 | | that the court order the expungement of all official
| 26 | | records of the arresting authority, the circuit court |
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| 1 | | clerk, and the Department of State Police concerning the | 2 | | arrest and conviction for the Class 3 or 4 felony. A person | 3 | | may not apply to the Board for a certificate of eligibility | 4 | | for expungement: | 5 | | (A) if convicted of: | 6 | | (i) a sex offense described in Article 11 or | 7 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 8 | | the Criminal Code of 1961 or Criminal Code of 2012; | 9 | | (ii) an offense under the Criminal Code of 1961 | 10 | | or Criminal Code of 2012 involving a firearm; or | 11 | | (iii) a crime of violence as defined in Section | 12 | | 2 of the Crime Victims Compensation Act; or | 13 | | (B) if the person has not served in the United | 14 | | States Armed Forces or National Guard of this or any | 15 | | other state or has not received an honorable discharge | 16 | | from the United States Armed Forces or National Guard | 17 | | of this or any other state or who at the time of the | 18 | | filing of the petition is serving in the United States | 19 | | Armed Forces or National Guard of this or any other | 20 | | state and has not completed one tour of duty. | 21 | | If a person has applied to the Board for a certificate | 22 | | of eligibility for expungement and the Board denies the | 23 | | certificate, the person must wait at least 4 years before | 24 | | filing again or filing for a pardon with authorization for | 25 | | expungement from the Governor unless the Governor or | 26 | | Chairman of the Prisoner Review Board grants a waiver. |
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| 1 | | (a-5) The Prisoner Review Board, with the cooperation of | 2 | | and in
coordination with the Department of Corrections and the | 3 | | Department of Central
Management Services, shall implement a | 4 | | pilot project in 3 correctional
institutions providing for the | 5 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 6 | | (a) of this Section through interactive video conferences.
The
| 7 | | project shall be implemented within 6 months after the | 8 | | effective date of this
amendatory Act of 1996. Within 6 months | 9 | | after the implementation of the pilot
project, the Prisoner | 10 | | Review Board, with the cooperation of and in coordination
with | 11 | | the Department of Corrections and the Department of Central | 12 | | Management
Services, shall report to the Governor and the | 13 | | General Assembly regarding the
use, costs, effectiveness, and | 14 | | future viability of interactive video
conferences for Prisoner | 15 | | Review Board hearings.
| 16 | | (b) Upon recommendation of the Department the Board may | 17 | | restore sentence credit previously revoked.
| 18 | | (c) The Board shall cooperate with the Department in | 19 | | promoting an
effective system of parole, aftercare release, and | 20 | | mandatory supervised release.
| 21 | | (d) The Board shall promulgate rules for the conduct of its | 22 | | work,
and the Chairman shall file a copy of such rules and any | 23 | | amendments
thereto with the Director and with the Secretary of | 24 | | State.
| 25 | | (e) The Board shall keep records of all of its official | 26 | | actions and
shall make them accessible in accordance with law |
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| 1 | | and the rules of the
Board.
| 2 | | (f) The Board or one who has allegedly violated the | 3 | | conditions of
his or her parole, aftercare release, or | 4 | | mandatory supervised release may require by subpoena the
| 5 | | attendance and testimony of witnesses and the production of | 6 | | documentary
evidence relating to any matter under | 7 | | investigation or hearing. The
Chairman of the Board may sign | 8 | | subpoenas which shall be served by any
agent or public official | 9 | | authorized by the Chairman of the Board, or by
any person | 10 | | lawfully authorized to serve a subpoena under the laws of the
| 11 | | State of Illinois. The attendance of witnesses, and the | 12 | | production of
documentary evidence, may be required from any | 13 | | place in the State to a
hearing location in the State before | 14 | | the Chairman of the Board or his or her
designated agent or | 15 | | agents or any duly constituted Committee or
Subcommittee of the | 16 | | Board. Witnesses so summoned shall be paid the same
fees and | 17 | | mileage that are paid witnesses in the circuit courts of the
| 18 | | State, and witnesses whose depositions are taken and the | 19 | | persons taking
those depositions are each entitled to the same | 20 | | fees as are paid for
like services in actions in the circuit | 21 | | courts of the State. Fees and
mileage shall be vouchered for | 22 | | payment when the witness is discharged
from further attendance.
| 23 | | In case of disobedience to a subpoena, the Board may | 24 | | petition any
circuit court of the State for an order requiring | 25 | | the attendance and
testimony of witnesses or the production of | 26 | | documentary evidence or
both. A copy of such petition shall be |
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| 1 | | served by personal service or by
registered or certified mail | 2 | | upon the person who has failed to obey the
subpoena, and such | 3 | | person shall be advised in writing that a hearing
upon the | 4 | | petition will be requested in a court room to be designated in
| 5 | | such notice before the judge hearing motions or extraordinary | 6 | | remedies
at a specified time, on a specified date, not less | 7 | | than 10 nor more than
15 days after the deposit of the copy of | 8 | | the written notice and petition
in the U.S. mails addressed to | 9 | | the person at his last known address or
after the personal | 10 | | service of the copy of the notice and petition upon
such | 11 | | person. The court upon the filing of such a petition, may order | 12 | | the
person refusing to obey the subpoena to appear at an | 13 | | investigation or
hearing, or to there produce documentary | 14 | | evidence, if so ordered, or to
give evidence relative to the | 15 | | subject matter of that investigation or
hearing. Any failure to | 16 | | obey such order of the circuit court may be
punished by that | 17 | | court as a contempt of court.
| 18 | | Each member of the Board and any hearing officer designated | 19 | | by the
Board shall have the power to administer oaths and to | 20 | | take the testimony
of persons under oath.
| 21 | | (g) Except under subsection (a) of this Section, a majority | 22 | | of the
members then appointed to the Prisoner Review Board | 23 | | shall constitute a
quorum for the transaction of all business | 24 | | of the Board.
| 25 | | (h) The Prisoner Review Board shall annually transmit to | 26 | | the
Director a detailed report of its work for the preceding |
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| 1 | | calendar year.
The annual report shall also be transmitted to | 2 | | the Governor for
submission to the Legislature.
| 3 | | (i) The Prisoner Review Board may grant participation in
| 4 | | the Sentence Modification Program in accordance with
Section | 5 | | 5-8-1.4. | 6 | | (Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13; | 7 | | 97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff. | 8 | | 1-1-14; revised 8-28-13.)
| 9 | | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 10 | | Sec. 3-3-3. Eligibility for Parole or Release.
| 11 | | (a) (Blank). Except for those offenders who accept the | 12 | | fixed release
date established by the Prisoner Review Board | 13 | | under Section
3-3-2.1, every person serving a term of | 14 | | imprisonment under
the law in effect prior to the effective | 15 | | date of this
amendatory Act of 1977 shall be eligible for | 16 | | parole when
he or she has served:
| 17 | | (1) the minimum term of an indeterminate sentence less
| 18 | | time credit for good behavior, or 20 years less time credit
| 19 | | for good behavior, whichever is less; or
| 20 | | (2) 20 years of a life sentence less time credit for | 21 | | good behavior; or
| 22 | | (3) 20 years or one-third of a determinate sentence,
| 23 | | whichever is less, less time credit for good behavior.
| 24 | | (b) No person sentenced under this amendatory Act of 1977 | 25 | | or who accepts
a release date under Section 3-3-2.1 shall be |
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| 1 | | eligible for parole.
| 2 | | (c) Except for those sentenced to a term of natural
life | 3 | | imprisonment, every person sentenced to imprisonment
under | 4 | | this amendatory Act of 1977 or given a release date
under | 5 | | Section 3-3-2.1 of this Act shall serve the full term
of a | 6 | | determinate sentence less time credit for good behavior
and | 7 | | shall then be released under the mandatory supervised
release | 8 | | provisions of paragraph (d) of Section 5-8-1 of this Code.
| 9 | | (d) No person serving a term of natural life imprisonment | 10 | | may be paroled
or released except through executive clemency.
| 11 | | (e) Every person committed to the Department of Juvenile | 12 | | Justice under Section
5-10 of the Juvenile Court Act or Section | 13 | | 5-750 of the Juvenile
Court Act
of 1987 or Section 5-8-6 of | 14 | | this Code and confined in the State correctional
institutions | 15 | | or facilities if such juvenile has not been
tried as an adult | 16 | | shall be eligible for aftercare release without
regard to the | 17 | | length of time the person has been confined
or whether the | 18 | | person has served any minimum term imposed.
However, if a | 19 | | juvenile has been tried as an adult he or she shall
only be | 20 | | eligible for parole or mandatory supervised release
as an adult | 21 | | under this Section.
| 22 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 23 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 24 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 25 | | use of a firearm; mandatory supervised release terms.
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| 1 | | (a) Except as otherwise provided in the statute defining | 2 | | the offense or in Article 4.5 of Chapter V and except as | 3 | | otherwise provided in Sections
5-8-1.4 and 5-8-1.5 , a
sentence | 4 | | of imprisonment for a felony shall be a determinate sentence | 5 | | set by
the court under this Section, according to the following | 6 | | limitations:
| 7 | | (1) for first degree murder,
| 8 | | (a) (blank),
| 9 | | (b) if a trier of fact finds beyond a reasonable
| 10 | | doubt that the murder was accompanied by exceptionally
| 11 | | brutal or heinous behavior indicative of wanton | 12 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 13 | | of this Section, that any of the aggravating factors
| 14 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 16 | | present, the court may sentence the defendant to a term | 17 | | of natural life
imprisonment, or
| 18 | | (c) the court shall sentence the defendant to a | 19 | | term of natural life
imprisonment when the death | 20 | | penalty is not imposed if the defendant,
| 21 | | (i) has previously been convicted of first | 22 | | degree murder under
any state or federal law, or
| 23 | | (ii) is a person who, at the time of the | 24 | | commission of the murder,
had attained the age of | 25 | | 17 or more and is found guilty of murdering an
| 26 | | individual under 12 years of age; or, irrespective |
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| 1 | | of the defendant's age at
the time of the | 2 | | commission of the offense, is found guilty of | 3 | | murdering more
than one victim, or
| 4 | | (iii) is found guilty of murdering a peace | 5 | | officer, fireman, or emergency management worker | 6 | | when
the peace officer, fireman, or emergency | 7 | | management worker was killed in the course of | 8 | | performing his
official duties, or to prevent the | 9 | | peace officer or fireman from
performing his | 10 | | official duties, or in retaliation for the peace | 11 | | officer,
fireman, or emergency management worker | 12 | | from performing his official duties, and the | 13 | | defendant knew or should
have known that the | 14 | | murdered individual was a peace officer, fireman, | 15 | | or emergency management worker, or
| 16 | | (iv) is found guilty of murdering an employee | 17 | | of an institution or
facility of the Department of | 18 | | Corrections, or any similar local
correctional | 19 | | agency, when the employee was killed in the course | 20 | | of
performing his official duties, or to prevent | 21 | | the employee from performing
his official duties, | 22 | | or in retaliation for the employee performing his
| 23 | | official duties, or
| 24 | | (v) is found guilty of murdering an emergency | 25 | | medical
technician - ambulance, emergency medical | 26 | | technician - intermediate, emergency
medical |
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| 1 | | technician - paramedic, ambulance driver or other | 2 | | medical assistance or
first aid person while | 3 | | employed by a municipality or other governmental | 4 | | unit
when 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 the | 8 | | defendant knew or should have known
that the | 9 | | murdered individual was an emergency medical | 10 | | technician - ambulance,
emergency medical | 11 | | technician - intermediate, emergency medical
| 12 | | technician - paramedic, ambulance driver, or other | 13 | | medical
assistant or first aid personnel, or
| 14 | | (vi) is a person who, at the time of the | 15 | | commission of the murder,
had not attained the age | 16 | | of 17, and is found guilty of murdering a person | 17 | | under
12 years of age and the murder is committed | 18 | | during the course of aggravated
criminal sexual | 19 | | assault, criminal sexual assault, or aggravated | 20 | | kidnaping,
or
| 21 | | (vii) is found guilty of first degree murder | 22 | | and the murder was
committed by reason of any | 23 | | person's activity as a community policing | 24 | | volunteer
or to prevent any person from engaging in | 25 | | activity as a community policing
volunteer. For | 26 | | the purpose of this Section, "community policing |
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| 1 | | volunteer"
has the meaning ascribed to it in | 2 | | Section 2-3.5 of the Criminal Code of 2012.
| 3 | | For purposes of clause (v), "emergency medical | 4 | | technician - ambulance",
"emergency medical technician - | 5 | | intermediate", "emergency medical technician -
| 6 | | paramedic", have the meanings ascribed to them in the | 7 | | Emergency Medical
Services (EMS) Systems Act.
| 8 | | (d) (i) if the person committed the offense while | 9 | | armed with a
firearm, 15 years shall be added to | 10 | | the term of imprisonment imposed by the
court;
| 11 | | (ii) if, during the commission of the offense, | 12 | | the person
personally discharged a firearm, 20 | 13 | | years shall be added to the term of
imprisonment | 14 | | imposed by the court;
| 15 | | (iii) if, during the commission of the | 16 | | offense, the person
personally discharged a | 17 | | firearm that proximately caused great bodily harm,
| 18 | | permanent disability, permanent disfigurement, or | 19 | | death to another person, 25
years or up to a term | 20 | | of natural life shall be added to the term of
| 21 | | imprisonment imposed by the court.
| 22 | | (2) (blank);
| 23 | | (2.5) for a person convicted under the circumstances | 24 | | described in subdivision (b)(1)(B) of Section 11-1.20 or
| 25 | | paragraph (3) of subsection (b) of Section 12-13, | 26 | | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of |
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| 1 | | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | 2 | | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| 3 | | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | 4 | | paragraph (2) of subsection (b) of Section 12-14.1
of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012, the | 6 | | sentence shall be a term of natural life
imprisonment.
| 7 | | (b) (Blank).
| 8 | | (c) (Blank).
| 9 | | (d) Subject to
earlier termination under Section 3-3-8, the | 10 | | parole or mandatory
supervised release term shall be written as | 11 | | part of the sentencing order and shall be as follows:
| 12 | | (1) for first degree murder or a Class X felony except | 13 | | for the offenses of predatory criminal sexual assault of a | 14 | | child, aggravated criminal sexual assault, and criminal | 15 | | sexual assault if committed on or after the effective date | 16 | | of this amendatory Act of the 94th General Assembly and | 17 | | except for the offense of aggravated child pornography | 18 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 19 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 21 | | committed on or after January 1, 2009, 3 years;
| 22 | | (2) for a Class 1 felony or a Class 2 felony except for | 23 | | the offense of criminal sexual assault if committed on or | 24 | | after the effective date of this amendatory Act of the 94th | 25 | | General Assembly and except for the offenses of manufacture | 26 | | and dissemination of child pornography under clauses |
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| 1 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 2 | | of 1961 or the Criminal Code of 2012, if committed on or | 3 | | after January 1, 2009, 2 years;
| 4 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 5 | | (4) for defendants who commit the offense of predatory | 6 | | criminal sexual assault of a child, aggravated criminal | 7 | | sexual assault, or criminal sexual assault, on or after the | 8 | | effective date of this amendatory Act of the 94th General | 9 | | Assembly, or who commit the offense of aggravated child | 10 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 11 | | with sentencing under subsection (c-5) of Section 11-20.1 | 12 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 13 | | manufacture of child pornography, or dissemination of | 14 | | child pornography after January 1, 2009, the term of | 15 | | mandatory supervised release shall range from a minimum of | 16 | | 3 years to a maximum of the natural life of the defendant;
| 17 | | (5) if the victim is under 18 years of age, for a | 18 | | second or subsequent
offense of aggravated criminal sexual | 19 | | abuse or felony criminal sexual abuse,
4 years, at least | 20 | | the first 2 years of which the defendant shall serve in an
| 21 | | electronic home detention program under Article 8A of | 22 | | Chapter V of this Code;
| 23 | | (6) for a felony domestic battery, aggravated domestic | 24 | | battery, stalking, aggravated stalking, and a felony | 25 | | violation of an order of protection, 4 years. | 26 | | (e) (Blank).
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| 1 | | (f) (Blank).
| 2 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | 3 | | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | 4 | | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | 5 | | eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 6 | | (730 ILCS 5/5-8-1.4 new) | 7 | | Sec. 5-8-1.4. Sentence
Modification Program. | 8 | | (a) A committed person as defined in subsection (c) of
| 9 | | Section 3-1-2 of this Code who is at least 50 years of age and
| 10 | | who has served at least 25 consecutive years of imprisonment in
| 11 | | a Department of Corrections institution or facility may
| 12 | | petition the Prisoner Review Board ("Board") for participation | 13 | | in the Sentence Modification
Program ("Program") as provided in | 14 | | this Section. The petition shall, in the first instance, be | 15 | | screened by the Department of Corrections, which shall | 16 | | determine whether the petitioner should be considered for | 17 | | participation in the Program. If the Department determines that | 18 | | the petitioner should be so considered, it shall submit the | 19 | | petition to the Board. The Board shall notify
the victims and | 20 | | the
families of the victims of the committed person's offenses
| 21 | | within 30 days after receiving the
petition and shall provide | 22 | | an opportunity for the victims and their families to submit | 23 | | statements in support of or opposition to the petitioner's | 24 | | participation in the Program. | 25 | | (b) The petition shall contain reasons why the committed |
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| 1 | | person should be granted participation in the Program and, when | 2 | | possible, should provide relevant documentation and statements | 3 | | of support. | 4 | | (c) The Board shall render its decision about the committed
| 5 | | person's petition within a reasonable time after the petition
| 6 | | has been filed. In deciding whether to grant or deny the
| 7 | | petitioner participation in the Program, the Board shall
| 8 | | consider whether the petitioner documents and demonstrates the
| 9 | | following: | 10 | | (1) successful participation in programs designed to
| 11 | | restore the committed person to a useful and productive
| 12 | | life upon release (including educational programs and
| 13 | | programs designed to deal with substance abuse or other
| 14 | | issues) and, if those programs are not available,
| 15 | | information demonstrating that the committed person has
| 16 | | attempted to participate in those programs or has engaged
| 17 | | in self-education programs, correspondence courses, or
| 18 | | other self-improvement efforts; | 19 | | (2) the genuine reform and changed behavior the
| 20 | | committed person has demonstrated over a period of years; | 21 | | (3) the committed person's remorse for actions that
| 22 | | have caused pain and suffering to victims of his or her
| 23 | | offenses; | 24 | | (4) the committed person's ability to socialize with
| 25 | | others in an acceptable manner; | 26 | | (5) the committed person's renunciation of criminal
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| 1 | | activity and gang affiliation if the committed person was a
| 2 | | member of a gang; and | 3 | | (6) an appropriate plan for living arrangements, which | 4 | | indicates if the person intends to seek admission to a | 5 | | nursing facility and the name of the facility if known,
| 6 | | financial support, and any medical care that will be needed
| 7 | | when the committed person returns to society. | 8 | | (d) The Board shall consider the petition in its entirety | 9 | | and shall not order the release of the committed person if it
| 10 | | finds that the committed person poses a threat to public
| 11 | | safety. If the Board determines that a committed person is
| 12 | | eligible for participation in the Program and that the
| 13 | | committed person should participate in the Program, the Board
| 14 | | shall set the conditions for the committed person's release
| 15 | | from prison before the expiration of his or her sentence. If | 16 | | the committed person's plan for living arrangements under | 17 | | paragraph (6) of subsection (c) of this Section includes | 18 | | relocation to a nursing facility, the Board shall notify the | 19 | | facility of the committed person's intent at least 30 days | 20 | | prior to the committed person's release. The Board shall, prior | 21 | | to the committed person's release, arrange for the committed | 22 | | person to be prescreened under Section 4.03 of the Illinois Act | 23 | | on the Aging and to make application for Medicaid Long Term | 24 | | Care services and the Board shall transmit to the facility | 25 | | prior to the committed person's admission documentation of the | 26 | | prescreening and the committed person's eligibility for |
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| 1 | | Medicaid Long Term Care services, and the committed person's | 2 | | prison and criminal history. The later shall serve to meet the | 3 | | nursing facilities obligation to perform a background check. | 4 | | When
granting participation in the Program, the Board may | 5 | | require
the committed person, for a period of time upon | 6 | | release, to
participate in community service or to wear an | 7 | | electronic
monitoring device, or both. Upon request of the | 8 | | victim or the victim's family, the Board may issue a protective | 9 | | order requiring the committed person to avoid all contact with | 10 | | specified persons. For the purpose of this Section, "nursing | 11 | | facility" means a facility licensed under the Nursing Home Care | 12 | | Act. | 13 | | (e) A petition for participation in the Program under the
| 14 | | provisions of this Section may be submitted annually, except
| 15 | | that if the Board denies a petition, it may order that the
| 16 | | committed person may not file a new petition for up to 3 years
| 17 | | from the date of denial, if the Board finds that it is not
| 18 | | reasonable to expect that it would grant a petition filed
| 19 | | earlier. | 20 | | (f) The action of a majority of the Board members voting on
| 21 | | the petition shall be the action of the Board. | 22 | | (g) The victim or the victim's family shall be notified of | 23 | | any public meeting at which the Board intends to deliberate on | 24 | | the committed person's participation in the Program. | 25 | | (h) Beginning on the effective date of this amendatory Act | 26 | | of the 98th General Assembly, notwithstanding any other law to |
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| 1 | | the contrary, all persons serving sentences in the Department | 2 | | are eligible to participate in the Sentence Modification | 3 | | Program. | 4 | | (730 ILCS 5/5-8-1.5 new) | 5 | | Sec. 5-8-1.5. Medical parole. Notwithstanding any other | 6 | | provision of law to the contrary, any committed person who is | 7 | | serving a sentence, including one who has not yet served the | 8 | | minimum term of the sentence, who is diagnosed as suffering | 9 | | from a terminal or debilitating condition so as to render the | 10 | | committed person unlikely to be physically capable of | 11 | | presenting a danger to society, may be released on medical | 12 | | parole to a hospital, hospice, other licensed inpatient | 13 | | facility, or suitable housing accommodation as specified by the | 14 | | Board. The Department shall promptly notify the Board upon | 15 | | receipt of medical information that a committed person has a | 16 | | diagnosis of a terminal or debilitating condition which | 17 | | prevents him or her from filing a petition on his or her own. | 18 | | As used in this Section, "other licensed inpatient facility" or | 19 | | "suitable housing accommodation" does not include a facility | 20 | | licensed under the Nursing Home Care Act.
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