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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CORRECTIONS
(730 ILCS 5/) Unified Code of Corrections.

730 ILCS 5/3-3-9

    (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
    Sec. 3-3-9. Violations; changes of conditions; preliminary hearing; revocation of parole or mandatory supervised release; revocation hearing.
    (a) If prior to expiration or termination of the term of parole or mandatory supervised release, a person violates a condition set by the Prisoner Review Board or a condition of parole or mandatory supervised release under Section 3-3-7 of this Code to govern that term, the Board may:
        (1) continue the existing term, with or without
    
modifying or enlarging the conditions; or
        (1.5) for those released as a result of youthful
    
offender parole as set forth in Section 5-4.5-115 of this Code, order that the inmate be subsequently rereleased to serve a specified mandatory supervised release term not to exceed the full term permitted under the provisions of Section 5-4.5-115 and subsection (d) of Section 5-8-1 of this Code and may modify or enlarge the conditions of the release as the Board deems proper; or
        (2) parole or release the person to a half-way house;
    
or
        (3) revoke the parole or mandatory supervised release
    
and reconfine the person for a term computed in the following manner:
            (i) (A) For those sentenced under the law in
        
effect prior to this amendatory Act of 1977, the recommitment shall be for any portion of the imposed maximum term of imprisonment or confinement which had not been served at the time of parole and the parole term, less the time elapsed between the parole of the person and the commission of the violation for which parole was revoked;
            (B) Except as set forth in paragraphs (C) and
        
(D), for those subject to mandatory supervised release under paragraph (d) of Section 5-8-1 of this Code, the recommitment shall be for the total mandatory supervised release term, less the time elapsed between the release of the person and the commission of the violation for which mandatory supervised release is revoked. The Board may also order that a prisoner serve up to one year of the sentence imposed by the court which was not served due to the accumulation of sentence credit;
            (C) For those subject to sex offender supervision
        
under clause (d)(4) of Section 5-8-1 of this Code, the reconfinement period for violations of clauses (a)(3) through (b-1)(15) of Section 3-3-7 shall not exceed 2 years from the date of reconfinement;
            (D) For those released as a result of youthful
        
offender parole as set forth in Section 5-4.5-115 of this Code, the reconfinement period shall be for the total mandatory supervised release term, less the time elapsed between the release of the person and the commission of the violation for which mandatory supervised release is revoked. The Board may also order that a prisoner serve up to one year of the mandatory supervised release term previously earned. The Board may also order that the inmate be subsequently rereleased to serve a specified mandatory supervised release term not to exceed the full term permitted under the provisions of Section 5-4.5-115 and subsection (d) of Section 5-8-1 of this Code and may modify or enlarge the conditions of the release as the Board deems proper;
             (ii) the person shall be given credit against the
        
term of reimprisonment or reconfinement for time spent in custody since he or she was paroled or released which has not been credited against another sentence or period of confinement;
             (iii) (blank);
             (iv) this Section is subject to the release under
        
supervision and the reparole and rerelease provisions of Section 3-3-10.
    (b) The Board may revoke parole or mandatory supervised release for violation of a condition for the duration of the term and for any further period which is reasonably necessary for the adjudication of matters arising before its expiration. The issuance of a warrant of arrest for an alleged violation of the conditions of parole or mandatory supervised release shall toll the running of the term until the final determination of the charge. When parole or mandatory supervised release is not revoked that period shall be credited to the term, unless a community-based sanction is imposed as an alternative to revocation and reincarceration, including a diversion established by the Illinois Department of Corrections Parole Services Unit prior to the holding of a preliminary parole revocation hearing. Parolees who are diverted to a community-based sanction shall serve the entire term of parole or mandatory supervised release, if otherwise appropriate.
    (b-5) The Board shall revoke parole or mandatory supervised release for violation of the conditions prescribed in paragraph (7.6) of subsection (a) of Section 3-3-7.
    (c) A person charged with violating a condition of parole or mandatory supervised release shall have a preliminary hearing before a hearing officer designated by the Board to determine if there is cause to hold the person for a revocation hearing. However, no preliminary hearing need be held when revocation is based upon new criminal charges and a court finds probable cause on the new criminal charges or when the revocation is based upon a new criminal conviction and a certified copy of that conviction is available.
    (d) Parole or mandatory supervised release shall not be revoked without written notice to the offender setting forth the violation of parole or mandatory supervised release charged against him or her.
    (e) A hearing on revocation shall be conducted before at least one member of the Prisoner Review Board. The Board may meet and order its actions in panels of 3 or more members. The action of a majority of the panel shall be the action of the Board. A record of the hearing shall be made. At the hearing the offender shall be permitted to:
        (1) appear and answer the charge; and
        (2) bring witnesses on his or her behalf.
    (f) The Board shall either revoke parole or mandatory supervised release or order the person's term continued with or without modification or enlargement of the conditions.
    (g) Parole or mandatory supervised release shall not be revoked for failure to make payments under the conditions of parole or release unless the Board determines that such failure is due to the offender's willful refusal to pay.
(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)

730 ILCS 5/3-3-9.5

    (730 ILCS 5/3-3-9.5)
    Sec. 3-3-9.5. Revocation of aftercare release; revocation hearing.
    (a) If, prior to expiration or termination of the aftercare release term, a juvenile committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 violates a condition of release set by the Department under Section 3-2.5-95 of this Code, the Department may initiate revocation proceedings by issuing a violation warrant under Section 3-2.5-70 of this Code or by retaking of the releasee and returning him or her to a Department facility.
    (b) The Department shall provide the releasee and the Prisoner Review Board with written notice of the alleged violation of aftercare release charged against him or her.
    (c) The issuance of a warrant of arrest for an alleged violation of the conditions of aftercare release shall toll the running of the aftercare release term until the final determination of the alleged violation is made. If the Board finds that the youth has not violated a condition of aftercare release, that period shall be credited to the term.
    (d) A person charged with violating a condition of aftercare release shall have a preliminary hearing before a hearing officer designated by the Board to determine if there is probable cause to hold the person for a revocation hearing. However, no preliminary hearing need be held when revocation is based upon new criminal charges and a court finds probable cause on the new criminal charges or when the revocation is based upon a new criminal conviction or a finding of delinquency and a certified copy of that conviction is available.
    (e) At the preliminary hearing, the Board may order the releasee held in Department custody or released under supervision pending a final revocation decision of the Board. A youth who is held in Department custody, shall be released and discharged upon the expiration of the maximum term permitted under the Juvenile Court Act of 1987.
    (f) A hearing on revocation shall be conducted before at least one member of the Prisoner Review Board. The Board may meet and order its actions in panels of 3 or more members. The action of a majority of the panel shall be the action of the Board. The member hearing the matter and at least a majority of the panel shall be experienced in juvenile matters. A record of the hearing shall be made. At the hearing the releasee shall be permitted to:
        (1) appear and answer the charge; and
        (2) bring witnesses on his or her behalf.
    (g) If the Board finds that the juvenile has not violated a condition of aftercare release, the Board shall order the juvenile rereleased and aftercare release continued under the existing term and may make specific recommendations to the Department regarding appropriate conditions of release.
    (h) If the Board finds that the juvenile has violated a condition of aftercare release, the Board shall either:
        (1) revoke aftercare release and order the juvenile
    
reconfined; or
        (2) order the juvenile rereleased to serve a
    
specified aftercare release term not to exceed the full term permitted under the Juvenile Court Act of 1987 and may make specific recommendations to the Department regarding appropriate conditions of rerelease.
    (i) Aftercare release shall not be revoked for failure to make payments under the conditions of release unless the Board determines that the failure is due to the juvenile's willful refusal to pay.
(Source: P.A. 99-628, eff. 1-1-17.)

730 ILCS 5/3-3-10

    (730 ILCS 5/3-3-10) (from Ch. 38, par. 1003-3-10)
    Sec. 3-3-10. Eligibility after revocation; release under supervision.
    (a) A person whose parole or mandatory supervised release has been revoked may be reparoled or rereleased by the Board at any time to the full parole or mandatory supervised release term under Section 3-3-8, except that the time which the person shall remain subject to the Board shall not exceed (1) the imposed maximum term of imprisonment or confinement and the parole term for those sentenced under the law in effect prior to the effective date of this amendatory Act of 1977 or (2) the term of imprisonment imposed by the court and the mandatory supervised release term for those sentenced under the law in effect on and after such effective date.
    (b) If the Board sets no earlier release date:
        (1) A person sentenced for any violation of law which
    
occurred before January 1, 1973, shall be released under supervision 6 months prior to the expiration of his or her maximum sentence of imprisonment less good time credit under Section 3-6-3.
        (2) Any person who has violated the conditions of his
    
or her parole and been reconfined under Section 3-3-9 shall be released under supervision 6 months prior to the expiration of the term of his or her reconfinement under paragraph (a) of Section 3-3-9 less good time credit under Section 3-6-3. This paragraph shall not apply to persons serving terms of mandatory supervised release.
        (3) Nothing herein shall require the release of a
    
person who has violated his or her parole within 6 months of the date when his or her release under this Section would otherwise be mandatory.
    (c) Persons released under this Section shall be subject to Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5, 3-14-3, and 3-14-4.
    (d) This Section shall not apply to a juvenile committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 serving terms of aftercare release.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, eff. 1-1-17.)

730 ILCS 5/3-3-11

    (730 ILCS 5/3-3-11) (from Ch. 38, par. 1003-3-11)
    Sec. 3-3-11. (Repealed).
(Source: P.A. 91-325, eff. 7-29-99. Repealed by P.A. 92-571, eff. 6-26-02.)

730 ILCS 5/3-3-11.05

    (730 ILCS 5/3-3-11.05)
    Sec. 3-3-11.05. State Council for Interstate Compacts for the State of Illinois.
    (a) Membership and appointing authority.
        (1) A State Compact Administrator for the Interstate
    
Compact for Adult Offender Supervision shall be appointed by the Governor. The Adult Offender Supervision Compact Administrator shall be a representative of the Illinois Department of Corrections and shall act as the day-to-day administrator for the Interstate Compact for Adult Offender Supervision. The State Compact Administrator shall serve as the State's Commissioner to the Interstate Commission for Adult Offenders, as provided in Article IV of the Compact. The Adult Offender Supervision Compact Administrator shall serve as Chairperson of the State Council for Interstate Compacts, except that the State Compact Administrator for the Interstate Compact for Juveniles may be designated by the State Council to serve as Chairperson for the State Council when juvenile issues come before the council.
        (2) A Deputy Compact Administrator from probation
    
shall be appointed by the Supreme Court.
        (3) A representative shall be appointed by the
    
Speaker of the House of Representatives.
        (4) A representative shall be appointed by the
    
Minority Leader of the House of Representatives.
        (5) A representative shall be appointed by the
    
President of the Senate.
        (6) A representative shall be appointed by the
    
Minority Leader of the Senate.
        (7) A judicial representative shall be appointed by
    
the Supreme Court.
        (8) A representative from a crime victims' advocacy
    
group shall be appointed by the Governor.
        (9) A parole representative shall be appointed by the
    
Director of Corrections.
        (10) A probation representative shall be appointed by
    
the Director of the Administrative Office of the Illinois Courts.
        (11) A representative shall be appointed by the
    
Director of Juvenile Justice.
        (12) The Deputy Compact Administrator (Juvenile)
    
appointed by the Secretary of Human Services.
        (13) The State Compact Administrator of the
    
Interstate Compact for Juveniles.
        (14) The persons appointed under clauses (1) through
    
(13) of this subsection (a) shall be voting members of the State Council. With the approval of the State Council, persons representing other organizations that may have an interest in the Compact may also be appointed to serve as non-voting members of the State Council by those interested organizations. Those organizations may include, but are not limited to, the Illinois Sheriffs' Association, the Illinois Association of Chiefs of Police, the Illinois State's Attorneys Association, and the Office of Attorney General.
    (b) Terms of appointment.
        (1) The Compact Administrators and the Deputy
    
Compact Administrators shall serve at the will of their respective appointing authorities.
        (2) The crime victims' advocacy group representative
    
and the judicial representative shall each serve an initial term of 2 years. Thereafter, they shall each serve for a term of 4 years.
        (3) The representatives appointed by the Speaker of
    
the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate shall each serve for a term of 4 years. If one of these representatives shall not be able to fulfill the completion of his or her term, then another representative shall be appointed by his or her respective appointing authority for the remainder of his or her term.
        (4) The probation representative and the parole
    
representative shall each serve a term of 2 years.
        (5) The time frame limiting the initial term of
    
appointments for voting representatives listed in clauses (2) through (4) of this subsection (b) shall not begin until more than 50% of the appointments have been made by the respective appointing authorities.
    (c) Duties and responsibilities.
        (1) The duties and responsibilities of the State
    
Council shall be:
            (A) To appoint the State Compact Administrator as
        
Illinois' Commissioner on the Interstate Commission.
            (B) To develop by-laws for the operation of the
        
State Council.
            (C) To establish policies and procedures for the
        
Interstate Compact operations in Illinois.
            (D) To monitor and remediate Compact compliance
        
issues in Illinois.
            (E) To promote system training and public
        
awareness regarding the Compact's mission and mandates.
            (F) To meet at least twice a year and otherwise
        
as called by the Chairperson.
            (G) To allow for the appointment of non-voting
        
members as deemed appropriate.
            (H) To issue rules in accordance with Article 5
        
of the Illinois Administrative Procedure Act.
            (I) To publish Interstate Commission rules.
    (d) Funding. The State shall appropriate funds to the Department of Corrections to support the operations of the State Council and its membership dues to the Interstate Commission.
    (e) Penalties. Procedures for assessment of penalties imposed pursuant to Article XII of the Compact shall be established by the State Council.
    (f) Notification of ratification of Compact. The State Compact Administrator shall notify the Governor and Secretary of State when 35 States have enacted the Compact.
(Source: P.A. 95-937, eff. 8-26-08.)

730 ILCS 5/3-3-11.1

    (730 ILCS 5/3-3-11.1) (from Ch. 38, par. 1003-3-11.1)
    Sec. 3-3-11.1. State defined. As used in Sections 3-3-11.05 through 3-3-11.3, unless the context clearly indicates otherwise, the term "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territorial possessions of the United States.
(Source: P.A. 95-937, eff. 8-26-08.)