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Full Text of HB0306  97th General Assembly

HB0306ham001 97TH GENERAL ASSEMBLY

Rep. Randy Ramey, Jr.

Filed: 5/5/2011

 

 


 

 


 
09700HB0306ham001LRB097 02995 RLC 55206 a

1
AMENDMENT TO HOUSE BILL 306

2    AMENDMENT NO. ______. Amend House Bill 306 by replacing
3everything after the enacting clause with the following:
 
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.

 

 

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1        (b) To develop and maintain reception and evaluation
2    units for purposes of analyzing the custody and
3    rehabilitation needs of persons committed to it and to
4    assign such persons to institutions and programs under its
5    control or transfer them to other appropriate agencies. In
6    consultation with the Department of Alcoholism and
7    Substance Abuse (now the Department of Human Services), the
8    Department of Corrections shall develop a master plan for
9    the screening and evaluation of persons committed to its
10    custody who have alcohol or drug abuse problems, and for
11    making appropriate treatment available to such persons;
12    the Department shall report to the General Assembly on such
13    plan not later than April 1, 1987. The maintenance and
14    implementation of such plan shall be contingent upon the
15    availability of funds.
16        (b-1) To create and implement, on January 1, 2002, a
17    pilot program to establish the effectiveness of
18    pupillometer technology (the measurement of the pupil's
19    reaction to light) as an alternative to a urine test for
20    purposes of screening and evaluating persons committed to
21    its custody who have alcohol or drug problems. The pilot
22    program shall require the pupillometer technology to be
23    used in at least one Department of Corrections facility.
24    The Director may expand the pilot program to include an
25    additional facility or facilities as he or she deems
26    appropriate. A minimum of 4,000 tests shall be included in

 

 

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1    the pilot program. The Department must report to the
2    General Assembly on the effectiveness of the program by
3    January 1, 2003.
4        (b-5) To develop, in consultation with the Department
5    of State Police, a program for tracking and evaluating each
6    inmate from commitment through release for recording his or
7    her gang affiliations, activities, or ranks.
8        (c) To maintain and administer all State correctional
9    institutions and facilities under its control and to
10    establish new ones as needed. Pursuant to its power to
11    establish new institutions and facilities, the Department
12    may, with the written approval of the Governor, authorize
13    the Department of Central Management Services to enter into
14    an agreement of the type described in subsection (d) of
15    Section 405-300 of the Department of Central Management
16    Services Law (20 ILCS 405/405-300). The Department shall
17    designate those institutions which shall constitute the
18    State Penitentiary System.
19        Pursuant to its power to establish new institutions and
20    facilities, the Department may authorize the Department of
21    Central Management Services to accept bids from counties
22    and municipalities for the construction, remodeling or
23    conversion of a structure to be leased to the Department of
24    Corrections for the purposes of its serving as a
25    correctional institution or facility. Such construction,
26    remodeling or conversion may be financed with revenue bonds

 

 

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1    issued pursuant to the Industrial Building Revenue Bond Act
2    by the municipality or county. The lease specified in a bid
3    shall be for a term of not less than the time needed to
4    retire any revenue bonds used to finance the project, but
5    not to exceed 40 years. The lease may grant to the State
6    the option to purchase the structure outright.
7        Upon receipt of the bids, the Department may certify
8    one or more of the bids and shall submit any such bids to
9    the General Assembly for approval. Upon approval of a bid
10    by a constitutional majority of both houses of the General
11    Assembly, pursuant to joint resolution, the Department of
12    Central Management Services may enter into an agreement
13    with the county or municipality pursuant to such bid.
14        (c-5) To build and maintain regional juvenile
15    detention centers and to charge a per diem to the counties
16    as established by the Department to defray the costs of
17    housing each minor in a center. In this subsection (c-5),
18    "juvenile detention center" means a facility to house
19    minors during pendency of trial who have been transferred
20    from proceedings under the Juvenile Court Act of 1987 to
21    prosecutions under the criminal laws of this State in
22    accordance with Section 5-805 of the Juvenile Court Act of
23    1987, whether the transfer was by operation of law or
24    permissive under that Section. The Department shall
25    designate the counties to be served by each regional
26    juvenile detention center.

 

 

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1        (d) To develop and maintain programs of control,
2    rehabilitation and employment of committed persons within
3    its institutions.
4        (d-5) To provide a pre-release job preparation program
5    for inmates at Illinois adult correctional centers.
6        (e) To establish a system of supervision and guidance
7    of committed persons in the community.
8        (f) To establish in cooperation with the Department of
9    Transportation to supply a sufficient number of prisoners
10    for use by the Department of Transportation to clean up the
11    trash and garbage along State, county, township, or
12    municipal highways as designated by the Department of
13    Transportation. The Department of Corrections, at the
14    request of the Department of Transportation, shall furnish
15    such prisoners at least annually for a period to be agreed
16    upon between the Director of Corrections and the Director
17    of Transportation. The prisoners used on this program shall
18    be selected by the Director of Corrections on whatever
19    basis he deems proper in consideration of their term,
20    behavior and earned eligibility to participate in such
21    program - where they will be outside of the prison facility
22    but still in the custody of the Department of Corrections.
23    Prisoners convicted of first degree murder, or a Class X
24    felony, or armed violence, or aggravated kidnapping, or
25    criminal sexual assault, aggravated criminal sexual abuse
26    or a subsequent conviction for criminal sexual abuse, or

 

 

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1    forcible detention, or arson, or a prisoner adjudged a
2    Habitual Criminal shall not be eligible for selection to
3    participate in such program. The prisoners shall remain as
4    prisoners in the custody of the Department of Corrections
5    and such Department shall furnish whatever security is
6    necessary. The Department of Transportation shall furnish
7    trucks and equipment for the highway cleanup program and
8    personnel to supervise and direct the program. Neither the
9    Department of Corrections nor the Department of
10    Transportation shall replace any regular employee with a
11    prisoner.
12        (g) To maintain records of persons committed to it and
13    to establish programs of research, statistics and
14    planning.
15        (h) To investigate the grievances of any person
16    committed to the Department, to inquire into any alleged
17    misconduct by employees or committed persons, and to
18    investigate the assets of committed persons to implement
19    Section 3-7-6 of this Code; and for these purposes it may
20    issue subpoenas and compel the attendance of witnesses and
21    the production of writings and papers, and may examine
22    under oath any witnesses who may appear before it; to also
23    investigate alleged violations of a parolee's or
24    releasee's conditions of parole or release; and for this
25    purpose it may issue subpoenas and compel the attendance of
26    witnesses and the production of documents only if there is

 

 

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1    reason to believe that such procedures would provide
2    evidence that such violations have occurred.
3        If any person fails to obey a subpoena issued under
4    this subsection, the Director may apply to any circuit
5    court to secure compliance with the subpoena. The failure
6    to comply with the order of the court issued in response
7    thereto shall be punishable as contempt of court.
8        (i) To appoint and remove the chief administrative
9    officers, and administer programs of training and
10    development of personnel of the Department. Personnel
11    assigned by the Department to be responsible for the
12    custody and control of committed persons or to investigate
13    the alleged misconduct of committed persons or employees or
14    alleged violations of a parolee's or releasee's conditions
15    of parole shall be conservators of the peace for those
16    purposes, and shall have the full power of peace officers
17    outside of the facilities of the Department in the
18    protection, arrest, retaking and reconfining of committed
19    persons or where the exercise of such power is necessary to
20    the investigation of such misconduct or violations.
21        (j) To cooperate with other departments and agencies
22    and with local communities for the development of standards
23    and programs for better correctional services in this
24    State.
25        (k) To administer all moneys and properties of the
26    Department.

 

 

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1        (l) To report annually to the Governor on the committed
2    persons, institutions and programs of the Department.
3        (l-5) In a confidential annual report to the Governor,
4    the Department shall identify all inmate gangs by
5    specifying each current gang's name, population and allied
6    gangs. The Department shall further specify the number of
7    top leaders identified by the Department for each gang
8    during the past year, and the measures taken by the
9    Department to segregate each leader from his or her gang
10    and allied gangs. The Department shall further report the
11    current status of leaders identified and segregated in
12    previous years. All leaders described in the report shall
13    be identified by inmate number or other designation to
14    enable tracking, auditing, and verification without
15    revealing the names of the leaders. Because this report
16    contains law enforcement intelligence information
17    collected by the Department, the report is confidential and
18    not subject to public disclosure.
19        (m) To make all rules and regulations and exercise all
20    powers and duties vested by law in the Department.
21        (n) To establish rules and regulations for
22    administering a system of good conduct credits,
23    established in accordance with Section 3-6-3, subject to
24    review by the Prisoner Review Board.
25        (o) To administer the distribution of funds from the
26    State Treasury to reimburse counties where State penal

 

 

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1    institutions are located for the payment of assistant
2    state's attorneys' salaries under Section 4-2001 of the
3    Counties Code.
4        (p) To exchange information with the Department of
5    Human Services and the Department of Healthcare and Family
6    Services for the purpose of verifying living arrangements
7    and for other purposes directly connected with the
8    administration of this Code and the Illinois Public Aid
9    Code.
10        (q) To establish a diversion program.
11        The program shall provide a structured environment for
12    selected technical parole or mandatory supervised release
13    violators and committed persons who have violated the rules
14    governing their conduct while in work release. This program
15    shall not apply to those persons who have committed a new
16    offense while serving on parole or mandatory supervised
17    release or while committed to work release.
18        Elements of the program shall include, but shall not be
19    limited to, the following:
20            (1) The staff of a diversion facility shall provide
21        supervision in accordance with required objectives set
22        by the facility.
23            (2) Participants shall be required to maintain
24        employment.
25            (3) Each participant shall pay for room and board
26        at the facility on a sliding-scale basis according to

 

 

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1        the participant's income.
2            (4) Each participant shall:
3                (A) provide restitution to victims in
4            accordance with any court order;
5                (B) provide financial support to his
6            dependents; and
7                (C) make appropriate payments toward any other
8            court-ordered obligations.
9            (5) Each participant shall complete community
10        service in addition to employment.
11            (6) Participants shall take part in such
12        counseling, educational and other programs as the
13        Department may deem appropriate.
14            (7) Participants shall submit to drug and alcohol
15        screening.
16            (8) The Department shall promulgate rules
17        governing the administration of the program.
18        (r) To enter into intergovernmental cooperation
19    agreements under which persons in the custody of the
20    Department may participate in a county impact
21    incarceration program established under Section 3-6038 or
22    3-15003.5 of the Counties Code.
23        (r-5) (Blank).
24        (r-10) To systematically and routinely identify with
25    respect to each streetgang active within the correctional
26    system: (1) each active gang; (2) every existing inter-gang

 

 

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1    affiliation or alliance; and (3) the current leaders in
2    each gang. The Department shall promptly segregate leaders
3    from inmates who belong to their gangs and allied gangs.
4    "Segregate" means no physical contact and, to the extent
5    possible under the conditions and space available at the
6    correctional facility, prohibition of visual and sound
7    communication. For the purposes of this paragraph (r-10),
8    "leaders" means persons who:
9            (i) are members of a criminal streetgang;
10            (ii) with respect to other individuals within the
11        streetgang, occupy a position of organizer,
12        supervisor, or other position of management or
13        leadership; and
14            (iii) are actively and personally engaged in
15        directing, ordering, authorizing, or requesting
16        commission of criminal acts by others, which are
17        punishable as a felony, in furtherance of streetgang
18        related activity both within and outside of the
19        Department of Corrections.
20    "Streetgang", "gang", and "streetgang related" have the
21    meanings ascribed to them in Section 10 of the Illinois
22    Streetgang Terrorism Omnibus Prevention Act.
23        (s) To operate a super-maximum security institution,
24    in order to manage and supervise inmates who are disruptive
25    or dangerous and provide for the safety and security of the
26    staff and the other inmates.

 

 

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1        (t) To monitor any unprivileged conversation or any
2    unprivileged communication, whether in person or by mail,
3    telephone, or other means, between an inmate who, before
4    commitment to the Department, was a member of an organized
5    gang and any other person without the need to show cause or
6    satisfy any other requirement of law before beginning the
7    monitoring, except as constitutionally required. The
8    monitoring may be by video, voice, or other method of
9    recording or by any other means. As used in this
10    subdivision (1)(t), "organized gang" has the meaning
11    ascribed to it in Section 10 of the Illinois Streetgang
12    Terrorism Omnibus Prevention Act.
13        As used in this subdivision (1)(t), "unprivileged
14    conversation" or "unprivileged communication" means a
15    conversation or communication that is not protected by any
16    privilege recognized by law or by decision, rule, or order
17    of the Illinois Supreme Court.
18        (u) To establish a Women's and Children's Pre-release
19    Community Supervision Program for the purpose of providing
20    housing and services to eligible female inmates, as
21    determined by the Department, and their newborn and young
22    children.
23        (u-5) To issue an order, whenever a person committed to
24    the Department absconds or absents himself or herself,
25    without authority to do so, from any facility or program to
26    which he or she is assigned. The order shall be certified

 

 

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1    by the Director, the Supervisor of the Apprehension Unit,
2    or any person duly designated by the Director, with the
3    seal of the Department affixed. The order shall be directed
4    to all sheriffs, coroners, and police officers, or to any
5    particular person named in the order. Any order issued
6    pursuant to this subdivision (1) (u-5) shall be sufficient
7    warrant for the officer or person named in the order to
8    arrest and deliver the committed person to the proper
9    correctional officials and shall be executed the same as
10    criminal process.
11        (v) To do all other acts necessary to carry out the
12    provisions of this Chapter.
13    (2) The Department of Corrections shall by January 1, 1998,
14consider building and operating a correctional facility within
15100 miles of a county of over 2,000,000 inhabitants, especially
16a facility designed to house juvenile participants in the
17impact incarceration program.
18    (3) When the Department lets bids for contracts for medical
19services to be provided to persons committed to Department
20facilities by a health maintenance organization, medical
21service corporation, or other health care provider, the bid may
22only be let to a health care provider that has obtained an
23irrevocable letter of credit or performance bond issued by a
24company whose bonds are rated AAA by a bond rating
25organization.
26    (4) When the Department lets bids for contracts for food or

 

 

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1commissary services to be provided to Department facilities,
2the bid may only be let to a food or commissary services
3provider that has obtained an irrevocable letter of credit or
4performance bond issued by a company whose bonds are rated AAA
5by a bond rating organization.
6    (5) The Illinois Department of Corrections (IDOC) shall
7enter into a Memorandum of Understanding (MOU) with U.S.
8Immigration and Customs Enforcement (ICE), pursuant to Section
9241(a) of the Immigration and Nationality Act, codified at 8
10U.S.C. Section 1231(a), as amended by the Homeland Security Act
11of 2002, Public Law No. 107-296 as codified at 8 U.S.C.
12Sections 131-134 which authorizes the Secretary of the
13Department of Homeland Security to enter into written
14agreements with a state or any political subdivision of a state
15to remove certain non-United States citizens in the custody of
16that state. The purpose of the MOU is to set forth terms by
17which ICE and IDOC will cooperate in a Rapid Removal of
18Eligible Parolees Accepted for Transfer ("Rapid REPAT")
19program, which allows for early conditional release for
20deportation of such noncitizens to their home countries. The
21MOU shall provide that a person may take part in this program
22only if a final order of deportation has been issued against
23such person, provided that prior to the issuance of such an
24order:
25        (A) the person has been advised of and given a full and
26    fair opportunity to exercise his or her rights under

 

 

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1    federal immigration law to a hearing before an immigration
2    judge to contest his or her removal from the United States,
3    including but not limited to the right to seek and consult
4    with legal counsel and to be represented by counsel at such
5    hearing, to present evidence in support of any applicable
6    defense to a removal proceeding or claim for relief from
7    removal, and to seek review of an adverse decision by such
8    judge;
9        (B) the person has been informed of available legal
10    referral services and of law firms and not-for-profit
11    organizations that provide free or low-cost legal
12    assistance; and
13        (C) the information described in subparagraphs (A) and
14    (B) has been provided verbally and in writing in English
15    and in the person's native language.
16(Source: P.A. 96-1265, eff. 7-26-10.)
 
17    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
18    Sec. 3-3-2. Powers and Duties.
19    (a) The Parole and Pardon Board is abolished and the term
20"Parole and Pardon Board" as used in any law of Illinois, shall
21read "Prisoner Review Board." After the effective date of this
22amendatory Act of 1977, the Prisoner Review Board shall provide
23by rule for the orderly transition of all files, records, and
24documents of the Parole and Pardon Board and for such other
25steps as may be necessary to effect an orderly transition and

 

 

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

 

 

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1    supervised release for those sentenced under the law in
2    effect after the effective date of this amendatory Act of
3    1977;
4        (3.5) hear by at least one member and through a panel
5    of at least 3 members decide, the conditions of mandatory
6    supervised release and the time of discharge from mandatory
7    supervised release, to impose sanctions for violations of
8    mandatory supervised release and revoke mandatory
9    supervised release for those serving extended supervised
10    release terms pursuant to paragraph (4) of subsection (d)
11    of Section 5-8-1;
12        (4) hear by at least 1 member and through a panel of at
13    least 3 members, decide cases brought by the Department of
14    Corrections against a prisoner in the custody of the
15    Department for alleged violation of Department rules with
16    respect to good conduct credits pursuant to Section 3-6-3
17    of this Code in which the Department seeks to revoke good
18    conduct credits, if the amount of time at issue exceeds 30
19    days or when, during any 12 month period, the cumulative
20    amount of credit revoked exceeds 30 days except where the
21    infraction is committed or discovered within 60 days of
22    scheduled release. In such cases, the Department of
23    Corrections may revoke up to 30 days of good conduct
24    credit. The Board may subsequently approve the revocation
25    of additional good conduct credit, if the Department seeks
26    to revoke good conduct credit in excess of thirty days.

 

 

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

 

 

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1    at least 3 members, decide whether to grant certificates of
2    relief from disabilities or certificates of good conduct as
3    provided in Article 5.5 of Chapter V; and .
4        (10) hear by at least one member and, through a panel
5    of at least 3 members, decide all requests for early
6    conditional release under the Rapid REPAT program
7    described in subsection (5) of Section 3-2-2 of this Code.
8    (a-5) The Prisoner Review Board, with the cooperation of
9and in coordination with the Department of Corrections and the
10Department of Central Management Services, shall implement a
11pilot project in 3 correctional institutions providing for the
12conduct of hearings under paragraphs (1) and (4) of subsection
13(a) of this Section through interactive video conferences. The
14project shall be implemented within 6 months after the
15effective date of this amendatory Act of 1996. Within 6 months
16after the implementation of the pilot project, the Prisoner
17Review Board, with the cooperation of and in coordination with
18the Department of Corrections and the Department of Central
19Management Services, shall report to the Governor and the
20General Assembly regarding the use, costs, effectiveness, and
21future viability of interactive video conferences for Prisoner
22Review Board hearings.
23    (b) Upon recommendation of the Department the Board may
24restore good conduct credit previously revoked.
25    (c) The Board shall cooperate with the Department in
26promoting an effective system of parole and mandatory

 

 

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

 

 

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

 

 

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1    (g) Except under subsection (a) of this Section, a majority
2of the members then appointed to the Prisoner Review Board
3shall constitute a quorum for the transaction of all business
4of the Board.
5    (h) The Prisoner Review Board shall annually transmit to
6the Director a detailed report of its work for the preceding
7calendar year. The annual report shall also be transmitted to
8the Governor for submission to the Legislature.
9(Source: P.A. 96-875, eff. 1-22-10.)
 
10    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
11    Sec. 3-3-3. Eligibility for Parole or Release.
12    (a) Except for those offenders who accept the fixed release
13date established by the Prisoner Review Board under Section
143-3-2.1, every person serving a term of imprisonment under the
15law in effect prior to the effective date of this amendatory
16Act of 1977 shall be eligible for parole when he 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
25or who accepts a release date under Section 3-3-2.1 shall be

 

 

09700HB0306ham001- 23 -LRB097 02995 RLC 55206 a

1eligible for parole.
2    (c) Except for those sentenced to a term of natural life
3imprisonment, every person sentenced to imprisonment under
4this amendatory Act of 1977 or given a release date under
5Section 3-3-2.1 of this Act shall serve the full term of a
6determinate sentence less time credit for good behavior and
7shall then be released under the mandatory supervised release
8provisions of paragraph (d) of Section 5-8-1 of this Code.
9    (d) No person serving a term of natural life imprisonment
10may be paroled or released except through executive clemency.
11    (e) Every person committed to the Department of Juvenile
12Justice under Section 5-10 of the Juvenile Court Act or Section
135-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
14this Code and confined in the State correctional institutions
15or facilities if such juvenile has not been tried as an adult
16shall be eligible for parole without regard to the length of
17time the person has been confined or whether the person has
18served any minimum term imposed. However, if a juvenile has
19been tried as an adult he shall only be eligible for parole or
20mandatory supervised release as an adult under this Section.
21    (f) Notwithstanding any other provision of law, any person
22in the custody of IDOC who is not a citizen of the United
23States who meets the following criteria may be released by the
24Prisoner Review Board to the custody of the United States
25Department of Homeland Security, Immigration and Customs
26Enforcement under the Rapid REPAT program described in

 

 

09700HB0306ham001- 24 -LRB097 02995 RLC 55206 a

1subsection (5) of Section 3-2-2 of this Code:
2        (1) the person has requested such release voluntarily,
3    but only after:
4            (A) IDOC has identified the person as potentially
5        eligible for the Rapid REPAT program based on the
6        person having fulfilled the requirements in paragraphs
7        (2), (3), and (4) of this subsection (f);
8            (B) subsequent to the identification described in
9        subparagraph (A) of this paragraph (1), IDOC has fully
10        informed the person, both verbally and in writing in
11        English and in the person's native language, about the
12        Rapid REPAT program, including the program
13        requirements for transfer to Immigration and Customs
14        Enforcement and removal from the United States and the
15        consequences of returning to the United States
16        illegally subsequent to removal; and
17            (C) IDOC has provided the person with a written
18        list of names and phone numbers of legal resources with
19        which the person may seek legal consultation,
20        including legal referral services, law firms, and
21        not-for-profit organizations that provide free or
22        low-cost legal assistance;
23        (2) a final order of deportation has been issued
24    against the person, provided that prior to the issuance of
25    such an order, the person has been provided the information
26    described in the last sentence of subsection (5) of Section

 

 

09700HB0306ham001- 25 -LRB097 02995 RLC 55206 a

1    3-2-2 of this Code, and provided further that Immigration
2    and Customs Enforcement has notified IDOC that the person
3    has exhausted or voluntarily waived in writing any further
4    rights to seek review of such order;
5        (3) the person has less than one year remaining on his
6    or her sentence of incarceration with the Department of
7    Corrections; and
8        (4) the person is not serving a sentence for a forcible
9    felony, as defined in the Criminal Code of 1961; for any
10    offense "directed against the person", as identified in
11    Part B of Title III of the Criminal Code of 1961; for any
12    offense "affecting governmental functions", as identified
13    in Part E of Title III of the Criminal Code of 1961; for
14    any "aggravated" offense, as identified in Part F of Title
15    III of the Criminal Code of 1961; or for an offense falling
16    into a Class of felony other than Class 3 or 4, as set out
17    in the Criminal Code of 1961 and the Unified Code of
18    Corrections.
19    The Board may condition the early conditional release of a
20person under this paragraph on receipt of assurance from
21Immigration and Customs Enforcement that the order of
22deportation will be executed promptly and that a person
23released hereunder will not be released from the custody of
24Immigration and Customs Enforcement, unless such release is a
25result of deportation, without notice to the Board and an
26opportunity for issuance of a parole violation warrant for the

 

 

09700HB0306ham001- 26 -LRB097 02995 RLC 55206 a

1retaking of the person.
2    If a person released under this subsection returns
3illegally to the United States, on notification from any
4federal, state, or local law enforcement authority that the
5person is in custody, the Board shall revoke his or her early
6conditional release. Thereafter, the person shall not be
7eligible for release without first having served the full
8remainder of his or her term of incarceration. In such event,
9though, the time spent in the custody of Immigration and
10Customs Enforcement shall be credited against the remainder of
11the term of incarceration.
12(Source: P.A. 94-696, eff. 6-1-06.)
 
13    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
14    Sec. 3-3-8. Length of parole and mandatory supervised
15release; discharge.)
16    (a) The length of parole for a person sentenced under the
17law in effect prior to the effective date of this amendatory
18Act of 1977 and the length of mandatory supervised release for
19those sentenced under the law in effect on and after such
20effective date shall be as set out in Section 5-8-1 unless
21sooner terminated under paragraph (b) of this Section. The
22parole period of a juvenile committed to the Department under
23the Juvenile Court Act or the Juvenile Court Act of 1987 shall
24extend until he is 21 years of age unless sooner terminated
25under paragraph (b) of this Section.

 

 

09700HB0306ham001- 27 -LRB097 02995 RLC 55206 a

1    (b) The Prisoner Review Board may enter an order releasing
2and discharging one from parole or mandatory supervised
3release, and his commitment to the Department, when it
4determines that he is likely to remain at liberty without
5committing another offense.
6    (b-1) The Prisoner Review Board may enter an order granting
7early conditional release under the Rapid REPAT program
8described in subsection (5) of Section 3-2-2 of this Code in
9accordance with subsection (f) of Section 3-3-3 of this Code.
10    (c) The order of discharge shall become effective upon
11entry of the order of the Board. The Board shall notify the
12clerk of the committing court of the order. Upon receipt of
13such copy, the clerk shall make an entry on the record judgment
14that the sentence or commitment has been satisfied pursuant to
15the order.
16    (d) Rights of the person discharged under this Section
17shall be restored under Section 5-5-5. This Section is subject
18to Section 5-750 of the Juvenile Court Act of 1987.
19(Source: P.A. 90-590, eff. 1-1-99.)".