100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3228

 

Introduced 2/15/2018, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-1  from Ch. 38, par. 1003-3-1
730 ILCS 5/3-3-2  from Ch. 38, par. 1003-3-2
730 ILCS 5/3-3-9  from Ch. 38, par. 1003-3-9
730 ILCS 5/5-4.5-20
730 ILCS 5/5-4.5-25
730 ILCS 5/5-4.5-30
730 ILCS 5/5-4.5-111 new
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1

    Amends the Unified Code of Corrections. Provides that a person under 21 years of age at the time of the commission of an offense, other than first degree murder, and who is not serving a sentence for first degree murder and who is sentenced on or after the effective date of the amendatory Act shall be eligible for parole review by the Prisoner Review Board after serving 10 years or more of his or her sentence, except for those serving a sentence for: (1) aggravated criminal sexual assault who shall be eligible for parole review by the Prisoner Review Board after serving 20 years or more of his or her sentence or; (2) predatory criminal sexual assault of a child who shall not be eligible for parole review by the Prisoner Review Board. Provides that a person under 21 years of age at the time of the commission of first degree murder who is sentenced on or after the effective date of the amendatory Act shall be eligible for parole review by the Prisoner Review Board after serving 20 years or more of his or her sentence, except for those subject to a term of natural life imprisonment or any person subject to sentencing for certain types of first degree murder.


LRB100 17443 SLF 32611 b

 

 

A BILL FOR

 

SB3228LRB100 17443 SLF 32611 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-1, 3-3-2, 3-3-9, 5-4.5-20, 5-4.5-25,
65-4.5-30, and 5-8-1 and by adding Section 5-4.5-111 as follows:
 
7    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
8    Sec. 3-3-1. Establishment and appointment of Prisoner
9Review Board.
10    (a) There shall be a Prisoner Review Board independent of
11the Department which shall be:
12        (1) the paroling authority for persons sentenced under
13    the law in effect prior to the effective date of this
14    amendatory Act of 1977;
15        (1.2) the paroling authority for persons eligible for
16    parole review under Section 5-4.5-111 of this Code;
17        (1.5) (blank);
18        (2) the board of review for cases involving the
19    revocation of sentence credits or a suspension or reduction
20    in the rate of accumulating the credit;
21        (3) the board of review and recommendation for the
22    exercise of executive clemency by the Governor;
23        (4) the authority for establishing release dates for

 

 

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1    certain prisoners sentenced under the law in existence
2    prior to the effective date of this amendatory Act of 1977,
3    in accordance with Section 3-3-2.1 of this Code;
4        (5) the authority for setting conditions for parole and
5    mandatory supervised release under Section 5-8-1(a) of
6    this Code, and determining whether a violation of those
7    conditions warrant revocation of parole or mandatory
8    supervised release or the imposition of other sanctions;
9    and
10        (6) the authority for determining whether a violation
11    of aftercare release conditions warrant revocation of
12    aftercare release.
13    (b) The Board shall consist of 15 persons appointed by the
14Governor by and with the advice and consent of the Senate. One
15member of the Board shall be designated by the Governor to be
16Chairman and shall serve as Chairman at the pleasure of the
17Governor. The members of the Board shall have had at least 5
18years of actual experience in the fields of penology,
19corrections work, law enforcement, sociology, law, education,
20social work, medicine, psychology, other behavioral sciences,
21or a combination thereof. At least 6 members so appointed must
22have had at least 3 years experience in the field of juvenile
23matters. No more than 8 Board members may be members of the
24same political party.
25    Each member of the Board shall serve on a full-time basis
26and shall not hold any other salaried public office, whether

 

 

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1elective or appointive, nor any other office or position of
2profit, nor engage in any other business, employment, or
3vocation. The Chairman of the Board shall receive $35,000 a
4year, or an amount set by the Compensation Review Board,
5whichever is greater, and each other member $30,000, or an
6amount set by the Compensation Review Board, whichever is
7greater.
8    (c) Notwithstanding any other provision of this Section,
9the term of each member of the Board who was appointed by the
10Governor and is in office on June 30, 2003 shall terminate at
11the close of business on that date or when all of the successor
12members to be appointed pursuant to this amendatory Act of the
1393rd General Assembly have been appointed by the Governor,
14whichever occurs later. As soon as possible, the Governor shall
15appoint persons to fill the vacancies created by this
16amendatory Act.
17    Of the initial members appointed under this amendatory Act
18of the 93rd General Assembly, the Governor shall appoint 5
19members whose terms shall expire on the third Monday in January
202005, 5 members whose terms shall expire on the third Monday in
21January 2007, and 5 members whose terms shall expire on the
22third Monday in January 2009. Their respective successors shall
23be appointed for terms of 6 years from the third Monday in
24January of the year of appointment. Each member shall serve
25until his or her successor is appointed and qualified.
26    Any member may be removed by the Governor for incompetence,

 

 

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1neglect of duty, malfeasance or inability to serve.
2    (d) The Chairman of the Board shall be its chief executive
3and administrative officer. The Board may have an Executive
4Director; if so, the Executive Director shall be appointed by
5the Governor with the advice and consent of the Senate. The
6salary and duties of the Executive Director shall be fixed by
7the Board.
8(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
9    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
10    Sec. 3-3-2. Powers and duties.
11    (a) The Parole and Pardon Board is abolished and the term
12"Parole and Pardon Board" as used in any law of Illinois, shall
13read "Prisoner Review Board." After the effective date of this
14amendatory Act of 1977, the Prisoner Review Board shall provide
15by rule for the orderly transition of all files, records, and
16documents of the Parole and Pardon Board and for such other
17steps as may be necessary to effect an orderly transition and
18shall:
19        (1) hear by at least one member and through a panel of
20    at least 3 members decide, cases of prisoners who were
21    sentenced under the law in effect prior to the effective
22    date of this amendatory Act of 1977, and who are eligible
23    for parole;
24        (2) hear by at least one member and through a panel of
25    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 whether to revoke aftercare
6    release for those committed to the Department of Juvenile
7    Justice under the Juvenile Court Act of 1987;
8        (4) hear by at least one member and through a panel of
9    at least 3 members, decide cases brought by the Department
10    of Corrections against a prisoner in the custody of the
11    Department for alleged violation of Department rules with
12    respect to sentence credits under Section 3-6-3 of this
13    Code in which the Department seeks to revoke sentence
14    credits, if the amount of time at issue exceeds 30 days or
15    when, during any 12 month period, the cumulative amount of
16    credit revoked exceeds 30 days except where the infraction
17    is committed or discovered within 60 days of scheduled
18    release. In such cases, the Department of Corrections may
19    revoke up to 30 days of sentence credit. The Board may
20    subsequently approve the revocation of additional sentence
21    credit, if the Department seeks to revoke sentence credit
22    in excess of thirty days. However, the Board shall not be
23    empowered to review the Department's decision with respect
24    to the loss of 30 days of sentence credit for any prisoner
25    or to increase any penalty beyond the length requested by
26    the Department;

 

 

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1        (5) hear by at least one member and through a panel of
2    at least 3 members decide, the release dates for certain
3    prisoners sentenced under the law in existence prior to the
4    effective date of this amendatory Act of 1977, in
5    accordance with Section 3-3-2.1 of this Code;
6        (6) hear by at least one member and through a panel of
7    at least 3 members decide, all requests for pardon,
8    reprieve or commutation, and make confidential
9    recommendations to the Governor;
10        (6.5) hear, by at least one member who is qualified in
11    the field of juvenile matters and through a panel of at
12    least 3 members, 2 of whom are qualified in the field of
13    juvenile matters, decide parole review cases in accordance
14    with Section 5-4.5-111 of this Code and make release
15    determinations of persons under the age of 21 at the time
16    of the commission of an offense, other than those persons
17    serving sentences for first degree murder or aggravated
18    criminal sexual assault;
19        (6.6) hear by at least a quorum of the Prisoner Review
20    Board and decide by a majority of members present at the
21    hearing, in accordance with Section 5-4.5-111 of this Code,
22    release determinations of persons under the age of 21 at
23    the time of the commission of an offense of those persons
24    serving sentences for first degree murder or aggravated
25    criminal sexual assault;
26        (7) comply with the requirements of the Open Parole

 

 

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1    Hearings Act;
2        (8) hear by at least one member and, through a panel of
3    at least 3 members, decide cases brought by the Department
4    of Corrections against a prisoner in the custody of the
5    Department for court dismissal of a frivolous lawsuit
6    pursuant to Section 3-6-3(d) of this Code in which the
7    Department seeks to revoke up to 180 days of sentence
8    credit, and if the prisoner has not accumulated 180 days of
9    sentence credit at the time of the dismissal, then all
10    sentence credit accumulated by the prisoner shall be
11    revoked;
12        (9) hear by at least 3 members, and, through a panel of
13    at least 3 members, decide whether to grant certificates of
14    relief from disabilities or certificates of good conduct as
15    provided in Article 5.5 of Chapter V;
16        (10) upon a petition by a person who has been convicted
17    of a Class 3 or Class 4 felony and who meets the
18    requirements of this paragraph, hear by at least 3 members
19    and, with the unanimous vote of a panel of 3 members, issue
20    a certificate of eligibility for sealing recommending that
21    the court order the sealing of all official records of the
22    arresting authority, the circuit court clerk, and the
23    Department of State Police concerning the arrest and
24    conviction for the Class 3 or 4 felony. A person may not
25    apply to the Board for a certificate of eligibility for
26    sealing:

 

 

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1            (A) until 5 years have elapsed since the expiration
2        of his or her sentence;
3            (B) until 5 years have elapsed since any arrests or
4        detentions by a law enforcement officer for an alleged
5        violation of law, other than a petty offense, traffic
6        offense, conservation offense, or local ordinance
7        offense;
8            (C) if convicted of a violation of the Cannabis
9        Control Act, Illinois Controlled Substances Act, the
10        Methamphetamine Control and Community Protection Act,
11        the Methamphetamine Precursor Control Act, or the
12        Methamphetamine Precursor Tracking Act unless the
13        petitioner has completed a drug abuse program for the
14        offense on which sealing is sought and provides proof
15        that he or she has completed the program successfully;
16            (D) if convicted of:
17                (i) a sex offense described in Article 11 or
18            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
19            the Criminal Code of 1961 or the Criminal Code of
20            2012;
21                (ii) aggravated assault;
22                (iii) aggravated battery;
23                (iv) domestic battery;
24                (v) aggravated domestic battery;
25                (vi) violation of an order of protection;
26                (vii) an offense under the Criminal Code of

 

 

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1            1961 or the Criminal Code of 2012 involving a
2            firearm;
3                (viii) driving while under the influence of
4            alcohol, other drug or drugs, intoxicating
5            compound or compounds or any combination thereof;
6                (ix) aggravated driving while under the
7            influence of alcohol, other drug or drugs,
8            intoxicating compound or compounds or any
9            combination thereof; or
10                (x) any crime defined as a crime of violence
11            under Section 2 of the Crime Victims Compensation
12            Act.
13        If a person has applied to the Board for a certificate
14    of eligibility for sealing and the Board denies the
15    certificate, the person must wait at least 4 years before
16    filing again or filing for pardon from the Governor unless
17    the Chairman of the Prisoner Review Board grants a waiver.
18        The decision to issue or refrain from issuing a
19    certificate of eligibility for sealing shall be at the
20    Board's sole discretion, and shall not give rise to any
21    cause of action against either the Board or its members.
22        The Board may only authorize the sealing of Class 3 and
23    4 felony convictions of the petitioner from one information
24    or indictment under this paragraph (10). A petitioner may
25    only receive one certificate of eligibility for sealing
26    under this provision for life; and

 

 

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1        (11) upon a petition by a person who after having been
2    convicted of a Class 3 or Class 4 felony thereafter served
3    in the United States Armed Forces or National Guard of this
4    or any other state and had received an honorable discharge
5    from the United States Armed Forces or National Guard or
6    who at the time of filing the petition is enlisted in the
7    United States Armed Forces or National Guard of this or any
8    other state and served one tour of duty and who meets the
9    requirements of this paragraph, hear by at least 3 members
10    and, with the unanimous vote of a panel of 3 members, issue
11    a certificate of eligibility for expungement recommending
12    that the court order the expungement of all official
13    records of the arresting authority, the circuit court
14    clerk, and the Department of State Police concerning the
15    arrest and conviction for the Class 3 or 4 felony. A person
16    may not apply to the Board for a certificate of eligibility
17    for expungement:
18            (A) if convicted of:
19                (i) a sex offense described in Article 11 or
20            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
21            the Criminal Code of 1961 or Criminal Code of 2012;
22                (ii) an offense under the Criminal Code of 1961
23            or Criminal Code of 2012 involving a firearm; or
24                (iii) a crime of violence as defined in Section
25            2 of the Crime Victims Compensation Act; or
26            (B) if the person has not served in the United

 

 

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1        States Armed Forces or National Guard of this or any
2        other state or has not received an honorable discharge
3        from the United States Armed Forces or National Guard
4        of this or any other state or who at the time of the
5        filing of the petition is serving in the United States
6        Armed Forces or National Guard of this or any other
7        state and has not completed one tour of duty.
8        If a person has applied to the Board for a certificate
9    of eligibility for expungement and the Board denies the
10    certificate, the person must wait at least 4 years before
11    filing again or filing for a pardon with authorization for
12    expungement from the Governor unless the Governor or
13    Chairman of the Prisoner Review Board grants a waiver.
14    (a-5) The Prisoner Review Board, with the cooperation of
15and in coordination with the Department of Corrections and the
16Department of Central Management Services, shall implement a
17pilot project in 3 correctional institutions providing for the
18conduct of hearings under paragraphs (1) and (4) of subsection
19(a) of this Section through interactive video conferences. The
20project shall be implemented within 6 months after the
21effective date of this amendatory Act of 1996. Within 6 months
22after the implementation of the pilot project, the Prisoner
23Review Board, with the cooperation of and in coordination with
24the Department of Corrections and the Department of Central
25Management Services, shall report to the Governor and the
26General Assembly regarding the use, costs, effectiveness, and

 

 

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1future viability of interactive video conferences for Prisoner
2Review Board hearings.
3    (b) Upon recommendation of the Department the Board may
4restore sentence credit previously revoked.
5    (c) The Board shall cooperate with the Department in
6promoting an effective system of parole and mandatory
7supervised release.
8    (d) The Board shall promulgate rules for the conduct of its
9work, and the Chairman shall file a copy of such rules and any
10amendments thereto with the Director and with the Secretary of
11State.
12    (e) The Board shall keep records of all of its official
13actions and shall make them accessible in accordance with law
14and the rules of the Board.
15    (f) The Board or one who has allegedly violated the
16conditions of his or her parole, aftercare release, or
17mandatory supervised release may require by subpoena the
18attendance and testimony of witnesses and the production of
19documentary evidence relating to any matter under
20investigation or hearing. The Chairman of the Board may sign
21subpoenas which shall be served by any agent or public official
22authorized by the Chairman of the Board, or by any person
23lawfully authorized to serve a subpoena under the laws of the
24State of Illinois. The attendance of witnesses, and the
25production of documentary evidence, may be required from any
26place in the State to a hearing location in the State before

 

 

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1the Chairman of the Board or his or her designated agent or
2agents or any duly constituted Committee or Subcommittee of the
3Board. Witnesses so summoned shall be paid the same fees and
4mileage that are paid witnesses in the circuit courts of the
5State, and witnesses whose depositions are taken and the
6persons taking those depositions are each entitled to the same
7fees as are paid for like services in actions in the circuit
8courts of the State. Fees and mileage shall be vouchered for
9payment when the witness is discharged from further attendance.
10    In case of disobedience to a subpoena, the Board may
11petition any circuit court of the State for an order requiring
12the attendance and testimony of witnesses or the production of
13documentary evidence or both. A copy of such petition shall be
14served by personal service or by registered or certified mail
15upon the person who has failed to obey the subpoena, and such
16person shall be advised in writing that a hearing upon the
17petition will be requested in a court room to be designated in
18such notice before the judge hearing motions or extraordinary
19remedies at a specified time, on a specified date, not less
20than 10 nor more than 15 days after the deposit of the copy of
21the written notice and petition in the U.S. mails addressed to
22the person at his last known address or after the personal
23service of the copy of the notice and petition upon such
24person. The court upon the filing of such a petition, may order
25the person refusing to obey the subpoena to appear at an
26investigation or hearing, or to there produce documentary

 

 

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1evidence, if so ordered, or to give evidence relative to the
2subject matter of that investigation or hearing. Any failure to
3obey such order of the circuit court may be punished by that
4court as a contempt of court.
5    Each member of the Board and any hearing officer designated
6by the Board shall have the power to administer oaths and to
7take the testimony of persons under oath.
8    (g) Except under subsection (a) of this Section, a majority
9of the members then appointed to the Prisoner Review Board
10shall constitute a quorum for the transaction of all business
11of the Board.
12    (h) The Prisoner Review Board shall annually transmit to
13the Director a detailed report of its work for the preceding
14calendar year. The annual report shall also be transmitted to
15the Governor for submission to the Legislature.
16(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14;
1798-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
 
18    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
19    Sec. 3-3-9. Violations; changes of conditions; preliminary
20hearing; revocation of parole or mandatory supervised release;
21revocation hearing.
22    (a) If prior to expiration or termination of the term of
23parole or mandatory supervised release, a person violates a
24condition set by the Prisoner Review Board or a condition of
25parole or mandatory supervised release under Section 3-3-7 of

 

 

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1this Code to govern that term, the Board may:
2        (1) continue the existing term, with or without
3    modifying or enlarging the conditions; or
4        (1.5) for those released as a result of youthful
5    offender parole as set forth in Section 5-4.5-111 of this
6    Code, order that the inmate be subsequently rereleased to
7    serve a specified mandatory supervised release term not to
8    exceed the full term permitted under the provisions of
9    Section 5-4.5-111 and subsection (d) of Section 5-8-1 of
10    this Code and may modify or enlarge the conditions of the
11    release as the Board deems proper; or
12        (2) parole or release the person to a half-way house;
13    or
14        (3) revoke the parole or mandatory supervised release
15    and reconfine the person for a term computed in the
16    following manner:
17            (i) (A) For those sentenced under the law in effect
18        prior to this amendatory Act of 1977, the recommitment
19        shall be for any portion of the imposed maximum term of
20        imprisonment or confinement which had not been served
21        at the time of parole and the parole term, less the
22        time elapsed between the parole of the person and the
23        commission of the violation for which parole was
24        revoked;
25            (B) Except as set forth in paragraphs paragraph (C)
26        and (D), for those subject to mandatory supervised

 

 

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1        release under paragraph (d) of Section 5-8-1 of this
2        Code, the recommitment shall be for the total mandatory
3        supervised release term, less the time elapsed between
4        the release of the person and the commission of the
5        violation for which mandatory supervised release is
6        revoked. The Board may also order that a prisoner serve
7        up to one year of the sentence imposed by the court
8        which was not served due to the accumulation of
9        sentence credit;
10            (C) For those subject to sex offender supervision
11        under clause (d)(4) of Section 5-8-1 of this Code, the
12        reconfinement period for violations of clauses (a)(3)
13        through (b-1)(15) of Section 3-3-7 shall not exceed 2
14        years from the date of reconfinement;
15            (D) For those released as a result of youthful
16        offender parole as set forth in Section 5-4.5-111 of
17        this Code, the reconfinement period shall be for the
18        total mandatory supervised release term, less the time
19        elapsed between the release of the person and the
20        commission of the violation for which mandatory
21        supervised release is revoked. The Board may also order
22        that a prisoner serve up to one year of the mandatory
23        supervised release term previously earned. The Board
24        may also order that the inmate be subsequently
25        rereleased to serve a specified mandatory supervised
26        release term not to exceed the full term permitted

 

 

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1        under the provisions of Section 5-4.5-111 and
2        subsection (d) of Section 5-8-1 of this Code and may
3        modify or enlarge the conditions of the release as the
4        Board deems proper;
5             (ii) the person shall be given credit against the
6        term of reimprisonment or reconfinement for time spent
7        in custody since he or she was paroled or released
8        which has not been credited against another sentence or
9        period of confinement;
10             (iii) (blank);
11             (iv) this Section is subject to the release under
12        supervision and the reparole and rerelease provisions
13        of Section 3-3-10.
14    (b) The Board may revoke parole or mandatory supervised
15release for violation of a condition for the duration of the
16term and for any further period which is reasonably necessary
17for the adjudication of matters arising before its expiration.
18The issuance of a warrant of arrest for an alleged violation of
19the conditions of parole or mandatory supervised release shall
20toll the running of the term until the final determination of
21the charge. When parole or mandatory supervised release is not
22revoked that period shall be credited to the term, unless a
23community-based sanction is imposed as an alternative to
24revocation and reincarceration, including a diversion
25established by the Illinois Department of Corrections Parole
26Services Unit prior to the holding of a preliminary parole

 

 

SB3228- 19 -LRB100 17443 SLF 32611 b

1revocation hearing. Parolees who are diverted to a
2community-based sanction shall serve the entire term of parole
3or mandatory supervised release, if otherwise appropriate.
4    (b-5) The Board shall revoke parole or mandatory supervised
5release for violation of the conditions prescribed in paragraph
6(7.6) of subsection (a) of Section 3-3-7.
7    (c) A person charged with violating a condition of parole
8or mandatory supervised release shall have a preliminary
9hearing before a hearing officer designated by the Board to
10determine if there is cause to hold the person for a revocation
11hearing. However, no preliminary hearing need be held when
12revocation is based upon new criminal charges and a court finds
13probable cause on the new criminal charges or when the
14revocation is based upon a new criminal conviction and a
15certified copy of that conviction is available.
16    (d) Parole or mandatory supervised release shall not be
17revoked without written notice to the offender setting forth
18the violation of parole or mandatory supervised release charged
19against him or her.
20    (e) A hearing on revocation shall be conducted before at
21least one member of the Prisoner Review Board. The Board may
22meet and order its actions in panels of 3 or more members. The
23action of a majority of the panel shall be the action of the
24Board. A record of the hearing shall be made. At the hearing
25the offender shall be permitted to:
26        (1) appear and answer the charge; and

 

 

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1        (2) bring witnesses on his or her behalf.
2    (f) The Board shall either revoke parole or mandatory
3supervised release or order the person's term continued with or
4without modification or enlargement of the conditions.
5    (g) Parole or mandatory supervised release shall not be
6revoked for failure to make payments under the conditions of
7parole or release unless the Board determines that such failure
8is due to the offender's willful refusal to pay.
9(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
1099-628, eff. 1-1-17.)
 
11    (730 ILCS 5/5-4.5-20)
12    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
13degree murder:
14    (a) TERM. The defendant shall be sentenced to imprisonment
15or, if appropriate, death under Section 9-1 of the Criminal
16Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
17Imprisonment shall be for a determinate term, subject to
18Section 5-4.5-111 of this Code, of (1) not less than 20 years
19and not more than 60 years; (2) not less than 60 years and not
20more than 100 years when an extended term is imposed under
21Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
22provided in Section 5-8-1 (730 ILCS 5/5-8-1).
23    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
24shall not be imposed.
25    (c) IMPACT INCARCERATION. The impact incarceration program

 

 

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1or the county impact incarceration program is not an authorized
2disposition.
3    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
4probation or conditional discharge shall not be imposed.
5    (e) FINE. Fines may be imposed as provided in Section
65-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
7    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
8concerning restitution.
9    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
10be concurrent or consecutive as provided in Section 5-8-4 (730
11ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
12    (h) DRUG COURT. Drug court is not an authorized
13disposition.
14    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
15ILCS 5/5-4.5-100) concerning no credit for time spent in home
16detention prior to judgment.
17    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
18for rules and regulations for sentence credit.
19    (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
20monitoring and home detention are not authorized dispositions,
21except in limited circumstances as provided in Section 5-8A-3
22(730 ILCS 5/5-8A-3).
23    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
24provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
25mandatory supervised release term shall be 3 years upon release
26from imprisonment.

 

 

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1(Source: P.A. 100-431, eff. 8-25-17.)
 
2    (730 ILCS 5/5-4.5-25)
3    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
4felony:
5    (a) TERM. The sentence of imprisonment shall be a
6determinate sentence, subject to Section 5-4.5-111 of this
7Code, of not less than 6 years and not more than 30 years. The
8sentence of imprisonment for an extended term Class X felony,
9as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
10Section 5-4.5-111 of this Code, shall be not less than 30 years
11and not more than 60 years.
12    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
13shall not be imposed.
14    (c) IMPACT INCARCERATION. The impact incarceration program
15or the county impact incarceration program is not an authorized
16disposition.
17    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
18probation or conditional discharge shall not be imposed.
19    (e) FINE. Fines may be imposed as provided in Section
205-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
21    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
22concerning restitution.
23    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
24be concurrent or consecutive as provided in Section 5-8-4 (730
25ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

 

 

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1    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
2Act (730 ILCS 166/20) concerning eligibility for a drug court
3program.
4    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
5ILCS 5/5-4.5-100) concerning no credit for time spent in home
6detention prior to judgment.
7    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
8for rules and regulations for sentence credit.
9    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
105-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
11electronic monitoring and home detention.
12    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
13provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
145/5-8-1), the parole or mandatory supervised release term shall
15be 3 years upon release from imprisonment.
16(Source: P.A. 100-431, eff. 8-25-17.)
 
17    (730 ILCS 5/5-4.5-30)
18    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
19felony:
20    (a) TERM. The sentence of imprisonment, other than for
21second degree murder, shall be a determinate sentence of not
22less than 4 years and not more than 15 years, subject to
23Section 5-4.5-111 of this Code. The sentence of imprisonment
24for second degree murder shall be a determinate sentence of not
25less than 4 years and not more than 20 years, subject to

 

 

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1Section 5-4.5-111 of this Code. The sentence of imprisonment
2for an extended term Class 1 felony, as provided in Section
35-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-111 of this
4Code, shall be a term not less than 15 years and not more than
530 years.
6    (b) PERIODIC IMPRISONMENT. A sentence of periodic
7imprisonment shall be for a definite term of from 3 to 4 years,
8except as otherwise provided in Section 5-5-3 or 5-7-1 (730
9ILCS 5/5-5-3 or 5/5-7-1).
10    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
11(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
12the impact incarceration program or the county impact
13incarceration program.
14    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
15in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
16period of probation or conditional discharge shall not exceed 4
17years. The court shall specify the conditions of probation or
18conditional discharge as set forth in Section 5-6-3 (730 ILCS
195/5-6-3). In no case shall an offender be eligible for a
20disposition of probation or conditional discharge for a Class 1
21felony committed while he or she was serving a term of
22probation or conditional discharge for a felony.
23    (e) FINE. Fines may be imposed as provided in Section
245-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
25    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
26concerning restitution.

 

 

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1    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
2be concurrent or consecutive as provided in Section 5-8-4 (730
3ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
4    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
5Act (730 ILCS 166/20) concerning eligibility for a drug court
6program.
7    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
8ILCS 5/5-4.5-100) concerning credit for time spent in home
9detention prior to judgment.
10    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
11ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
12(730 ILCS 130/) for rules and regulations for sentence credit.
13    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
145-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
15electronic monitoring and home detention.
16    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
17provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
185/5-8-1), the parole or mandatory supervised release term shall
19be 2 years upon release from imprisonment.
20(Source: P.A. 100-431, eff. 8-25-17.)
 
21    (730 ILCS 5/5-4.5-111 new)
22    Sec. 5-4.5-111. Parole review of persons under the age of
2321 at the time of the commission of an offense.
24    (a) In this Section, "victim" means a victim of a violent
25crime as defined in subsection (a) of Section 3 of the Rights

 

 

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1of Crime Victims and Witnesses Act including a witness as
2defined in subsection (b) of Section 3 of the Rights of Crime
3Victims and Witnesses Act; any person legally related to the
4victim by blood, marriage, adoption, or guardianship; any
5friend of the victim; or any concerned citizen.
6    (b) A person under 21 years of age at the time of the
7commission of an offense, other than first degree murder, who
8is not serving a sentence for first degree murder and who is
9sentenced on or after the effective date of this amendatory Act
10of the 100th General Assembly shall be eligible for parole
11review by the Prisoner Review Board after serving 10 years or
12more of his or her sentence, except for those serving a
13sentence for: (1) aggravated criminal sexual assault who shall
14be eligible for parole review by the Prisoner Review Board
15after serving 20 years or more of his or her sentence or; (2)
16predatory criminal sexual assault of a child who shall not be
17eligible for parole review by the Prisoner Review Board under
18this Section. A person under 21 years of age at the time of the
19commission of first degree murder who is sentenced on or after
20the effective date of this amendatory Act of the 100th General
21Assembly shall be eligible for parole review by the Prisoner
22Review Board after serving 20 years or more of his or her
23sentence, except for those subject to a term of natural life
24imprisonment under Section 5-8-1 of this Code or any person
25subject to sentencing under subsection (c) of Section 5-4.5-105
26of this Code.

 

 

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1    (c) Three years prior to becoming eligible for parole
2review, the eligible person may file his or her petition for
3parole review with the Prisoner Review Board. The petition
4shall include a copy of the order of commitment and sentence to
5the Department of Corrections for the offense for which review
6is sought. Within 30 days of receipt of this petition, the
7Prisoner Review Board shall determine whether the petition is
8appropriately filed, and if so, shall set a date for parole
9review 3 years from receipt of the petition and notify the
10Department of Corrections within 10 business days. If the
11Prisoner Review Board determines that the petition is not
12appropriately filed, it shall notify the petitioner in writing,
13including a basis for its determination.
14    (d) Within 6 months of the Prisoner Review Board's
15determination that the petition was appropriately filed, a
16representative from the Department of Corrections shall meet
17with the eligible person and provide the inmate information
18about the parole hearing process and personalized
19recommendations for the inmate regarding his or her work
20assignments, rehabilitative programs, and institutional
21behavior. Following this meeting, the eligible person has 7
22calendar days to file a written request to the representative
23from the Department of Corrections who met with the eligible
24person of any additional programs and services which the
25eligible person believes should be made available to prepare
26the eligible person for return to the community.

 

 

SB3228- 28 -LRB100 17443 SLF 32611 b

1    (e) One year prior to the person being eligible for parole,
2counsel shall be appointed by the Prisoner Review Board upon a
3finding of indigency. The eligible person may waive appointed
4counsel or retain his or her own counsel at his or her own
5expense.
6    (f) Nine months prior to the hearing, the Prisoner Review
7Board shall provide the eligible person, and his or her
8counsel, any written documents or materials it will be
9considering in making its decision unless the written documents
10or materials are specifically found to: (1) include information
11which, if disclosed, would damage the therapeutic relationship
12between the inmate and a mental health professional; (2)
13subject any person to the actual risk of physical harm; or (3)
14threaten the safety or security of the Department or an
15institution. In accordance with Section 35 of the Open Parole
16Hearings Act, victim impact statements either oral, written,
17video-taped, tape recorded, or made by other electronic means
18shall not be considered public documents under the Freedom of
19Information Act. The inmate or his or her attorney shall not be
20given a copy of the statement, but shall be informed of the
21existence of a victim impact statement and the position taken
22by the victim on the inmate's request for parole. This shall
23not be construed to permit disclosure to an inmate of any
24information which might result in the risk of threats or
25physical harm to a victim. The Prisoner Review Board shall have
26an ongoing duty to provide the eligible person, and his or her

 

 

SB3228- 29 -LRB100 17443 SLF 32611 b

1counsel, with any further documents or materials that come into
2its possession prior to the hearing subject to the limitations
3contained in this subsection (f).
4    (g) Not less than 12 months prior to the hearing, the
5Prisoner Review Board shall provide notification to the State's
6Attorney of the county from which the person was committed and
7written notification to the victim or family of the victim of
8the scheduled hearing place, date, and approximate time. The
9written notification shall contain: (1) information about
10their right to be present, appear in person at the parole
11hearing, and their right to make an oral statement and submit
12information in writing, by videotape, tape recording, or other
13electronic means; (2) a toll-free number to call for further
14information about the parole review process; and (3)
15information regarding available resources, including
16trauma-informed therapy, they may access. If the Board does not
17have knowledge of the current address of the victim or family
18of the victim, it shall notify the State's Attorney of the
19county of commitment and request assistance in locating the
20victim or family of the victim. Those victims or family of the
21victims who advise the Board in writing that they no longer
22wish to be notified shall not receive future notices. A victim
23shall have the right to submit information by videotape, tape
24recording, or other electronic means. The victim may submit
25this material prior to or at the parole hearing. The victim
26also has the right to be heard at the parole hearing.

 

 

SB3228- 30 -LRB100 17443 SLF 32611 b

1    (h) The hearing conducted by the Prisoner Review Board
2shall be governed by Sections 15 and 20, subsection (f) of
3Section 5, subsection (a) of Section 10, subsection (d) of
4Section 25, and subsections (a), (b), and (e) of Section 35 of
5the Open Parole Hearings Act and Part 1610 of Title 20 of the
6Illinois Administrative Code. The eligible person has a right
7to be present at the Prisoner Review Board hearing, unless the
8Prisoner Review Board determines the eligible person's
9presence is unduly burdensome when conducting a hearing under
10paragraph (6.6) of subsection (a) of Section 3-3-2 of this
11Code. If a psychological evaluation is submitted for the
12Prisoner Review Board's consideration, it shall be prepared by
13a person who has expertise in adolescent brain development and
14behavior, and shall take into consideration the diminished
15culpability of youthful offenders, the hallmark features of
16youth, and any subsequent growth and increased maturity of the
17person. At the hearing, the eligible person shall have the
18right to make a statement on his or her own behalf.
19    (i) Only upon motion for good cause shall the date for the
20Prisoner Review Board hearing, as set by subsection (b) of this
21Section, be changed. No less than 15 days prior to the hearing,
22the Prisoner Review Board shall notify the victim or victim
23representative, the attorney, and the eligible person of the
24exact date and time of the hearing. All hearings shall be open
25to the public.
26    (j) The Prisoner Review Board shall not parole the eligible

 

 

SB3228- 31 -LRB100 17443 SLF 32611 b

1person if it determines that:
2        (1) there is a substantial risk that the eligible
3    person will not conform to reasonable conditions of parole
4    or aftercare release; or
5        (2) the eligible person's release at that time would
6    deprecate the seriousness of his or her offense or promote
7    disrespect for the law; or
8        (3) the eligible person's release would have a
9    substantially adverse effect on institutional discipline.
10    In considering the factors affecting the release
11determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
12Review Board panel shall consider the diminished culpability of
13youthful offenders, the hallmark features of youth, and any
14subsequent growth and maturity of the youthful offender during
15incarceration.
16    (k) Unless denied parole under subsection (j) of this
17Section and subject to the provisions of Section 3-3-9 of this
18Code: (1) the eligible person serving a sentence for any
19non-first degree murder offense, shall be released on parole
20which shall operate to discharge any remaining term of years
21sentence imposed upon him or her, notwithstanding any required
22mandatory supervised release period the eligible person is
23required to serve; and (2) the eligible person serving a
24sentence for first degree murder, shall be released on
25mandatory supervised release for a period of 10 years subject
26to Section 3-3-8 of this Code, which shall operate to discharge

 

 

SB3228- 32 -LRB100 17443 SLF 32611 b

1any remaining term of years sentence imposed upon him or her,
2however in no event shall the eligible person serve a period of
3mandatory supervised release greater than the aggregate of the
4discharged underlying sentence and the mandatory supervised
5release period as set forth in Section 5-4.5-20 of this Code.
6    (l) If the Prisoner Review Board denies parole after
7conducting the hearing under subsection (j) of this Section, it
8shall issue a written decision which states the rationale for
9denial, including the primary factors considered. This
10decision shall be provided to the eligible person and his or
11her counsel within 30 days.
12    (m) A person denied parole under subsection (j) of this
13Section, who is not serving a sentence for either first degree
14murder or aggravated criminal sexual assault, shall be eligible
15for a second parole review by the Prisoner Review Board 5 years
16after the written decision under subsection (l) of this
17Section; a person denied parole under subsection (j) of this
18Section, who is serving a sentence for first degree murder or
19aggravated criminal sexual assault shall be eligible for a
20second and final parole review by the Prisoner Review Board 10
21years after the written decision under subsection (k) of this
22Section. The procedures for a second parole review shall be
23governed by subsections (c) through (k) of this Section.
24    (n) A person denied parole under subsection (m) of this
25Section, who is not serving a sentence for either first degree
26murder or aggravated criminal sexual assault, shall be eligible

 

 

SB3228- 33 -LRB100 17443 SLF 32611 b

1for a third and final parole review by the Prisoner Review
2Board 5 years after the written decision under subsection (l)
3of this Section. The procedures for the third and final parole
4review shall be governed by subsections (c) through (k) of this
5Section.
6    (o) Notwithstanding anything else to the contrary in this
7Section, nothing in this Section shall be construed to delay
8parole or mandatory supervised release consideration for
9petitioners who are or will be eligible for release earlier
10than this Section provides. Nothing in this Section shall be
11construed as a limit, substitution, or bar on a person's right
12to sentencing relief, or any other manner of relief, obtained
13by order of a court in proceedings other than as provided in
14this Section.
 
15    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
16    Sec. 5-8-1. Natural life imprisonment; enhancements for
17use of a firearm; mandatory supervised release terms.
18    (a) Except as otherwise provided in the statute defining
19the offense or in Article 4.5 of Chapter V, a sentence of
20imprisonment for a felony shall be a determinate sentence set
21by the court under this Section, subject to Section 5-4.5-111
22of this Code, according to the following limitations:
23        (1) for first degree murder,
24            (a) (blank),
25            (b) if a trier of fact finds beyond a reasonable

 

 

SB3228- 34 -LRB100 17443 SLF 32611 b

1        doubt that the murder was accompanied by exceptionally
2        brutal or heinous behavior indicative of wanton
3        cruelty or, except as set forth in subsection (a)(1)(c)
4        of this Section, that any of the aggravating factors
5        listed in subsection (b) or (b-5) of Section 9-1 of the
6        Criminal Code of 1961 or the Criminal Code of 2012 are
7        present, the court may sentence the defendant, subject
8        to Section 5-4.5-105, to a term of natural life
9        imprisonment, or
10            (c) the court shall sentence the defendant to a
11        term of natural life imprisonment if the defendant, at
12        the time of the commission of the murder, had attained
13        the age of 18, and
14                (i) has previously been convicted of first
15            degree murder under any state or federal law, or
16                (ii) is found guilty of murdering more than one
17            victim, or
18                (iii) is found guilty of murdering a peace
19            officer, fireman, or emergency management worker
20            when the peace officer, fireman, or emergency
21            management worker was killed in the course of
22            performing his official duties, or to prevent the
23            peace officer or fireman from performing his
24            official duties, or in retaliation for the peace
25            officer, fireman, or emergency management worker
26            from performing his official duties, and the

 

 

SB3228- 35 -LRB100 17443 SLF 32611 b

1            defendant knew or should have known that the
2            murdered individual was a peace officer, fireman,
3            or emergency management worker, or
4                (iv) is found guilty of murdering an employee
5            of an institution or facility of the Department of
6            Corrections, or any similar local correctional
7            agency, when the employee was killed in the course
8            of performing his official duties, or to prevent
9            the employee from performing his official duties,
10            or in retaliation for the employee performing his
11            official duties, or
12                (v) is found guilty of murdering an emergency
13            medical technician - ambulance, emergency medical
14            technician - intermediate, emergency medical
15            technician - paramedic, ambulance driver or other
16            medical assistance or first aid person while
17            employed by a municipality or other governmental
18            unit when the person was killed in the course of
19            performing official duties or to prevent the
20            person from performing official duties or in
21            retaliation for performing official duties and the
22            defendant knew or should have known that the
23            murdered individual was an emergency medical
24            technician - ambulance, emergency medical
25            technician - intermediate, emergency medical
26            technician - paramedic, ambulance driver, or other

 

 

SB3228- 36 -LRB100 17443 SLF 32611 b

1            medical assistant or first aid personnel, or
2                (vi) (blank), or
3                (vii) is found guilty of first degree murder
4            and the murder was committed by reason of any
5            person's activity as a community policing
6            volunteer or to prevent any person from engaging in
7            activity as a community policing volunteer. For
8            the purpose of this Section, "community policing
9            volunteer" has the meaning ascribed to it in
10            Section 2-3.5 of the Criminal Code of 2012.
11            For purposes of clause (v), "emergency medical
12        technician - ambulance", "emergency medical technician -
13         intermediate", "emergency medical technician -
14        paramedic", have the meanings ascribed to them in the
15        Emergency Medical Services (EMS) Systems Act.
16            (d) (i) if the person committed the offense while
17            armed with a firearm, 15 years shall be added to
18            the term of imprisonment imposed by the court;
19                (ii) if, during the commission of the offense,
20            the person personally discharged a firearm, 20
21            years shall be added to the term of imprisonment
22            imposed by the court;
23                (iii) if, during the commission of the
24            offense, the person personally discharged a
25            firearm that proximately caused great bodily harm,
26            permanent disability, permanent disfigurement, or

 

 

SB3228- 37 -LRB100 17443 SLF 32611 b

1            death to another person, 25 years or up to a term
2            of natural life shall be added to the term of
3            imprisonment imposed by the court.
4        (2) (blank);
5        (2.5) for a person who has attained the age of 18 years
6    at the time of the commission of the offense and who is
7    convicted under the circumstances described in subdivision
8    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
9    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
10    or paragraph (2) of subsection (d) of Section 12-14,
11    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
12    of subsection (b) of Section 12-14.1, subdivision (b)(2) of
13    Section 11-1.40 or paragraph (2) of subsection (b) of
14    Section 12-14.1 of the Criminal Code of 1961 or the
15    Criminal Code of 2012, the sentence shall be a term of
16    natural life imprisonment.
17    (b) (Blank).
18    (c) (Blank).
19    (d) Subject to earlier termination under Section 3-3-8, the
20parole or mandatory supervised release term shall be written as
21part of the sentencing order and shall be as follows:
22        (1) for first degree murder or a Class X felony except
23    for the offenses of predatory criminal sexual assault of a
24    child, aggravated criminal sexual assault, and criminal
25    sexual assault if committed on or after the effective date
26    of this amendatory Act of the 94th General Assembly and

 

 

SB3228- 38 -LRB100 17443 SLF 32611 b

1    except for the offense of aggravated child pornography
2    under Section 11-20.1B, 11-20.3, or 11-20.1 with
3    sentencing under subsection (c-5) of Section 11-20.1 of the
4    Criminal Code of 1961 or the Criminal Code of 2012, if
5    committed on or after January 1, 2009, 3 years;
6        (2) for a Class 1 felony or a Class 2 felony except for
7    the offense of criminal sexual assault if committed on or
8    after the effective date of this amendatory Act of the 94th
9    General Assembly and except for the offenses of manufacture
10    and dissemination of child pornography under clauses
11    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
12    of 1961 or the Criminal Code of 2012, if committed on or
13    after January 1, 2009, 2 years;
14        (3) for a Class 3 felony or a Class 4 felony, 1 year;
15        (4) for defendants who commit the offense of predatory
16    criminal sexual assault of a child, aggravated criminal
17    sexual assault, or criminal sexual assault, on or after the
18    effective date of this amendatory Act of the 94th General
19    Assembly, or who commit the offense of aggravated child
20    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
21    with sentencing under subsection (c-5) of Section 11-20.1
22    of the Criminal Code of 1961 or the Criminal Code of 2012,
23    manufacture of child pornography, or dissemination of
24    child pornography after January 1, 2009, the term of
25    mandatory supervised release shall range from a minimum of
26    3 years to a maximum of the natural life of the defendant;

 

 

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1        (5) if the victim is under 18 years of age, for a
2    second or subsequent offense of aggravated criminal sexual
3    abuse or felony criminal sexual abuse, 4 years, at least
4    the first 2 years of which the defendant shall serve in an
5    electronic monitoring or home detention program under
6    Article 8A of Chapter V of this Code;
7        (6) for a felony domestic battery, aggravated domestic
8    battery, stalking, aggravated stalking, and a felony
9    violation of an order of protection, 4 years.
10    (e) (Blank).
11    (f) (Blank).
12(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
13eff. 8-25-17.)