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91_HB2556
LRB9103620RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 3-3-2.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 3-3-2.1 as follows:
7 (730 ILCS 5/3-3-2.1) (from Ch. 38, par. 1003-3-2.1)
8 Sec. 3-3-2.1. Prisoner Review Board - Release Date. (a)
9 Except as provided in subsection (b), the Prisoner Review
10 Board shall, no later than 7 days following a prisoner's next
11 parole hearing after the effective date of this Amendatory
12 Act of 1977, provide each prisoner sentenced under the law in
13 effect prior to the effective date of this amendatory Act of
14 1977, with a fixed release date.
15 (b) No release date under this Section shall be set for
16 any person sentenced to an indeterminate sentence under the
17 law in effect prior to the effective date of this amendatory
18 Act of 1977 in which the minimum term of such sentence is 20
19 years or more.
20 (c) The Prisoner Review Board shall notify each eligible
21 offender of his or her release date in a form substantially
22 as follows:
23 Date of Notice
24 "To (Name of offender):
25 Under a recent change in the law you are provided with
26 this choice:
27 (1) You may remain under your present indeterminate
28 sentence and continue to be eligible for parole; or (2) you
29 may waive your right to parole and accept the release date
30 which has been set for you. From this release date will be
31 deducted any good conduct credit you may earn.
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1 If you accept the release date established by the Board,
2 you will no longer be eligible for parole.
3 Your release date from prison has been set for: (release
4 date) , subject to a term of mandatory supervised release
5 as provided by law.
6 If you accumulate the maximum amount of good conduct
7 credit as allowed by law recently enacted, you can be
8 released on: , subject to a term of mandatory supervised
9 release as provided by law.
10 Should you choose not to accept the release date, your
11 next parole hearing will be: .
12 The Board has based its determination of your release
13 date on the following:
14 (1) The material that normally would be examined in
15 connection with your parole hearing, as set forth in
16 paragraph (d) of Section 3-3-4 of the Unified Code of
17 Corrections:
18 (2) the intent of the court in imposing sentence on you;
19 (3) the present schedule of sentences for similar
20 offenses provided by Sections 5-8-1 and 5-8-2 of the Unified
21 Code of Corrections, as amended;
22 (4) the factors in mitigation and aggravation provided
23 by Sections 5-5-3.1 and 5-5-3.2 of the Unified Code of
24 Corrections, as amended;
25 (5) The rate of accumulating good conduct credits
26 provided by Section 3-6-3 of the Unified Code of Corrections,
27 as amended;
28 (6) your behavior since commitment.
29 You now have 60 days in which to decide whether to remain
30 under your indeterminate sentence and continue to be eligible
31 for parole or waive your right to parole and accept the
32 release date established for you by the Board. If you do
33 nothing within 60 days, you will remain under the parole
34 system.
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1 If you accept the release date, you may accumulate good
2 conduct credit at the maximum rate provided under the law
3 recently enacted.
4 If you feel that the release date set for you is unfair
5 or is not based on complete information required to be
6 considered by the Board, you may request that the Board
7 reconsider the date. In your request you must set forth
8 specific reasons why you feel the Board's release date is
9 unfair and you may submit relevant material in support of
10 your request.
11 The Department of Corrections is obligated to assist you
12 in that effort, if you ask it to do so.
13 The Board will notify you within 60 days whether or not
14 it will reconsider its decision. The Board's decision with
15 respect to reconsidering your release date is final and
16 cannot be appealed to any court.
17 If the Board decides not to reconsider your case you will
18 have 60 days in which to decide whether to accept the release
19 date and waive your right to parole or to continue under the
20 parole system. If you do nothing within 60 days after you
21 receive notification of the Board's decision you will remain
22 under the parole system.
23 If the Board decides to reconsider its decision with
24 respect to your release date, the Board will schedule a date
25 for reconsideration as soon as practicable, but no later than
26 60 days from the date it receives your request, and give you
27 at least 30 days notice. You may submit material to the
28 Board which you believe will be helpful in deciding a proper
29 date for your release. The Department of Corrections is
30 obligated to assist you in that effort, if you ask it to do
31 so.
32 Neither you nor your lawyer has the right to be present
33 on the date of reconsideration, nor the right to call
34 witnesses. However, the Board may ask you or your lawyer to
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1 appear or may ask to hear witnesses. The Board will base its
2 determination on the same data on which it made its earlier
3 determination, plus any new information which may be
4 available to it.
5 When the Board has made its decision you will be informed
6 of the release date. In no event will it be longer than the
7 release date originally determined. From this date you may
8 continue to accumulate good conduct credits at the maximum
9 rate. You will not be able to appeal the Board's decision to
10 a court.
11 Following the Board's reconsideration and upon being
12 notified of your release date you will have 60 days in which
13 to decide whether to accept the release date and waive your
14 right to parole or to continue under the parole system. If
15 you do nothing within 60 days after notification of the
16 Board's decision you will remain under the parole system."
17 (d) The Board shall provide each eligible offender with
18 a form substantially as follows:
19 "I (name of offender) am fully aware of my right to
20 choose between parole eligibility and a fixed release date.
21 I know that if I accept the release date established, I will
22 give up my right to seek parole. I have read and understood
23 the Prisoner Review Board's letter, and I know how and under
24 what circumstances the Board has set my release date. I know
25 that I will be released on that date and will be released
26 earlier if I accumulate good conduct credit. I know that the
27 date set by the Board is final, and can't be appealed to a
28 court.
29 Fully aware of all the implications, I expressly and
30 knowingly waive my right to seek parole and accept the
31 release date as established by the Prisoner Review Board."
32 (e) The Board shall use the following information and
33 standards in establishing a release date for each eligible
34 offender who requests that a date be set:
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1 (1) The Such information as would be considered in a
2 parole hearing under Section 3-3-4 of this Code;
3 (2) The intent of the court in imposing the offender's
4 sentence;
5 (3) The present schedule for similar offenses provided
6 by Sections 5-8-1 and 5-8-2 of this Code;
7 (4) Factors in aggravation and mitigation of sentence as
8 provided in Sections 5-5-3.1 and 5-5-3.2 of this Code;
9 (5) The rate of accumulating good conduct credits
10 provided by Section 3-6-3 of this Code;
11 (6) The offender's behavior since commitment to the
12 Department.
13 (f) After the release date is set by the Board, the
14 offender can accumulate good conduct credits in accordance
15 with Section 3-6-3 of this Code.
16 (g) The release date established by the Board shall not
17 be sooner than the earliest date that the offender would have
18 been eligible for release under the sentence imposed on him
19 by the court, less time credit previously earned for good
20 behavior, nor shall it be later than the latest date at which
21 the offender would have been eligible for release under such
22 sentence, less time credit previously earned for good
23 behavior.
24 (h) (1) Except as provided in subsection (b), each
25 prisoner appearing at his next parole hearing subsequent to
26 the effective date of the amendatory Act of 1977, shall be
27 notified within 7 days of the hearing that he will either be
28 released on parole or that a release date has been set by the
29 Board. The notice and waiver form provided for in
30 subsections (c) and (d) shall be presented to eligible
31 prisoners no later than 7 days following their parole
32 hearing. A written statement of the basis for the decision
33 with regard to the release date set shall be given to such
34 prisoners no later than 14 days following the parole hearing.
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1 (2) Each prisoner upon notification of his release date
2 shall have 60 days to choose whether to remain under the
3 parole system or to accept the release date established by
4 the Board. No release date shall be effective unless the
5 prisoner waives his right to parole in writing. If no choice
6 is made by such prisoner within 60 days from the date of his
7 notification of a release date, such prisoner shall remain
8 under the parole system.
9 (3) Within the 60 day period as provided in paragraph
10 (2) of this subsection, a prisoner may request that the Board
11 reconsider its decision with regard to such prisoner's
12 release date. No later than 60 days following receipt of
13 such request for reconsideration, the Board shall notify the
14 prisoner as to whether or not it will reconsider such
15 prisoner's release date. No court shall have jurisdiction to
16 review the Board's decision. No prisoner shall be entitled to
17 more than one request for reconsideration of his release
18 date.
19 (A) If the Board decides not to reconsider the release
20 date, the prisoner shall have 60 days to choose whether to
21 remain under the parole system or to accept the release date
22 established by the Board. No release date shall be effective
23 unless the prisoner waives his right to parole in writing.
24 If no choice is made by such prisoner within 60 days from the
25 date of the notification by the Board refusing to reconsider
26 his release date, such prisoner shall remain under the parole
27 system.
28 (B) If the Board decides to reconsider its decision with
29 respect to such release date, the Board shall schedule a date
30 for reconsideration as soon as practicable, but no later than
31 60 days from the date of the prisoner's request, and give
32 such prisoner at least 30 days notice. Such prisoner may
33 submit any relevant material to the Board which would aid in
34 ascertaining a proper release date. The Department of
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1 Corrections shall assist any such prisoner if asked to do so.
2 Neither the prisoner nor his lawyer has the right to be
3 present on the date of reconsideration, nor the right to call
4 witnesses. However, the Board may ask such prisoner or his
5 or her lawyer to appear or may ask to hear witnesses. The
6 Board shall base its determination on the factors specified
7 in subsection (e), plus any new information which may be
8 available to it.
9 (C) When the Board has made its decision, the prisoner
10 shall be informed of the release date as provided for in
11 subsection (c) no later than 7 days following the
12 reconsideration. In no event shall such release date be
13 longer than the release date originally determined. The
14 decision of the Board is final. No court shall have
15 jurisdiction to review the Board's decision.
16 Following the Board's reconsideration and its
17 notification to the prisoner of his or her release date, such
18 prisoner shall have 60 days from the date of such notice in
19 which to decide whether to accept the release date and waive
20 his or her right to parole or to continue under the parole
21 system. If such prisoner does nothing within 60 days after
22 notification of the Board's decision, he or she shall remain
23 under the parole system.
24 (Source: P.A. 80-1387.)