102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3618

 

Introduced 2/22/2021, by Rep. Jehan Gordon-Booth

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-2  from Ch. 38, par. 1003-3-2
730 ILCS 5/3-14-2  from Ch. 38, par. 1003-14-2

    Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall inform the Department of Corrections of any person that is subject to the specified data entry requirements. Provides that the Department shall enter into the Law Enforcement Agencies Data System (LEADS) any conditions of parole or mandatory supervised release imposed by the Prisoner Review Board or the Department that relate to a no contact order. Effective immediately.


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A BILL FOR

 

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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 1. This Act may be referred to as the Kayla Fannon
5Law.
 
6    Section 5. The Unified Code of Corrections is amended by
7changing Sections 3-3-2 and 3-14-2 as follows:
 
8    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
9    Sec. 3-3-2. Powers and duties.
10    (a) The Parole and Pardon Board is abolished and the term
11"Parole and Pardon Board" as used in any law of Illinois, shall
12read "Prisoner Review Board." After February 1, 1978 (the
13effective date of Public Act 81-1099) this amendatory Act of
141977, the Prisoner Review Board shall provide by rule for the
15orderly transition of all files, records, and documents of the
16Parole and Pardon Board and for such other steps as may be
17necessary to effect an orderly transition and shall:
18        (1) hear by at least one member and through a panel of
19    at least 3 members decide, cases of prisoners who were
20    sentenced under the law in effect prior to February 1,
21    1978 (the effective date of Public Act 81-1099) this
22    amendatory Act of 1977, and who are eligible for parole;

 

 

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1        (2) hear by at least one member and through a panel of
2    at least 3 members decide, the conditions of parole and
3    the time of discharge from parole, impose sanctions for
4    violations of parole, and revoke parole for those
5    sentenced under the law in effect prior to February 1,
6    1978 (the effective date of Public Act 81-1099) this
7    amendatory Act of 1977; provided that the decision to
8    parole and the conditions of parole for all prisoners who
9    were sentenced for first degree murder or who received a
10    minimum sentence of 20 years or more under the law in
11    effect prior to February 1, 1978 shall be determined by a
12    majority vote of the Prisoner Review Board. One
13    representative supporting parole and one representative
14    opposing parole will be allowed to speak. Their comments
15    shall be limited to making corrections and filling in
16    omissions to the Board's presentation and discussion;
17        (3) hear by at least one member and through a panel of
18    at least 3 members decide, the conditions of mandatory
19    supervised release and the time of discharge from
20    mandatory supervised release, impose sanctions for
21    violations of mandatory supervised release, and revoke
22    mandatory supervised release for those sentenced under the
23    law in effect after February 1, 1978 (the effective date
24    of Public Act 81-1099) this amendatory Act of 1977;
25        (3.5) hear by at least one member and through a panel
26    of at least 3 members decide, the conditions of mandatory

 

 

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1    supervised release and the time of discharge from
2    mandatory supervised release, to impose sanctions for
3    violations of mandatory supervised release and revoke
4    mandatory supervised release for those serving extended
5    supervised release terms pursuant to paragraph (4) of
6    subsection (d) of Section 5-8-1;
7        (3.6) hear by at least one member and through a panel
8    of at least 3 members decide whether to revoke aftercare
9    release for those committed to the Department of Juvenile
10    Justice under the Juvenile Court Act of 1987;
11        (4) hear by at least one member and through a panel of
12    at least 3 members, decide cases brought by the Department
13    of Corrections against a prisoner in the custody of the
14    Department for alleged violation of Department rules with
15    respect to sentence credits under Section 3-6-3 of this
16    Code in which the Department seeks to revoke sentence
17    credits, if the amount of time at issue exceeds 30 days or
18    when, during any 12-month 12 month period, the cumulative
19    amount of credit revoked exceeds 30 days except where the
20    infraction is committed or discovered within 60 days of
21    scheduled release. In such cases, the Department of
22    Corrections may revoke up to 30 days of sentence credit.
23    The Board may subsequently approve the revocation of
24    additional sentence credit, if the Department seeks to
25    revoke sentence credit in excess of 30 thirty days.
26    However, the Board shall not be empowered to review the

 

 

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1    Department's decision with respect to the loss of 30 days
2    of sentence credit for any prisoner or to increase any
3    penalty beyond the length requested by the Department;
4        (5) hear by at least one member and through a panel of
5    at least 3 members decide, the release dates for certain
6    prisoners sentenced under the law in existence prior to
7    February 1, 1978 (the effective date of Public Act
8    81-1099) this amendatory Act of 1977, in accordance with
9    Section 3-3-2.1 of this Code;
10        (6) hear by at least one member and through a panel of
11    at least 3 members decide, all requests for pardon,
12    reprieve or commutation, and make confidential
13    recommendations to the Governor;
14        (6.5) hear by at least one member who is qualified in
15    the field of juvenile matters and through a panel of at
16    least 3 members, 2 of whom are qualified in the field of
17    juvenile matters, decide parole review cases in accordance
18    with Section 5-4.5-115 of this Code and make release
19    determinations of persons under the age of 21 at the time
20    of the commission of an offense or offenses, other than
21    those persons serving sentences for first degree murder or
22    aggravated criminal sexual assault;
23        (6.6) hear by at least a quorum of the Prisoner Review
24    Board and decide by a majority of members present at the
25    hearing, in accordance with Section 5-4.5-115 of this
26    Code, release determinations of persons under the age of

 

 

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

 

 

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1    Department of State Police concerning the arrest and
2    conviction for the Class 3 or 4 felony. A person may not
3    apply to the Board for a certificate of eligibility for
4    sealing:
5            (A) until 5 years have elapsed since the
6        expiration of his or her sentence;
7            (B) until 5 years have elapsed since any arrests
8        or detentions by a law enforcement officer for an
9        alleged violation of law, other than a petty offense,
10        traffic offense, conservation offense, or local
11        ordinance offense;
12            (C) if convicted of a violation of the Cannabis
13        Control Act, Illinois Controlled Substances Act, the
14        Methamphetamine Control and Community Protection Act,
15        the Methamphetamine Precursor Control Act, or the
16        Methamphetamine Precursor Tracking Act unless the
17        petitioner has completed a drug abuse program for the
18        offense on which sealing is sought and provides proof
19        that he or she has completed the program successfully;
20            (D) if convicted of:
21                (i) a sex offense described in Article 11 or
22            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
23            the Criminal Code of 1961 or the Criminal Code of
24            2012;
25                (ii) aggravated assault;
26                (iii) aggravated battery;

 

 

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

 

 

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

 

 

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1                (ii) an offense under the Criminal Code of
2            1961 or Criminal Code of 2012 involving a firearm;
3            or
4                (iii) a crime of violence as defined in
5            Section 2 of the Crime Victims Compensation Act;
6            or
7            (B) if the person has not served in the United
8        States Armed Forces or National Guard of this or any
9        other state or has not received an honorable discharge
10        from the United States Armed Forces or National Guard
11        of this or any other state or who at the time of the
12        filing of the petition is serving in the United States
13        Armed Forces or National Guard of this or any other
14        state and has not completed one tour of duty.
15        If a person has applied to the Board for a certificate
16    of eligibility for expungement and the Board denies the
17    certificate, the person must wait at least 4 years before
18    filing again or filing for a pardon with authorization for
19    expungement from the Governor unless the Governor or
20    Chairman of the Prisoner Review Board grants a waiver.
21    (a-5) The Prisoner Review Board, with the cooperation of
22and in coordination with the Department of Corrections and the
23Department of Central Management Services, shall implement a
24pilot project in 3 correctional institutions providing for the
25conduct of hearings under paragraphs (1) and (4) of subsection
26(a) of this Section through interactive video conferences. The

 

 

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1project shall be implemented within 6 months after January 1,
21997 (the effective date of Public Act 89-490) this amendatory
3Act of 1996. Within 6 months after the implementation of the
4pilot project, the Prisoner Review Board, with the cooperation
5of and in coordination with the Department of Corrections and
6the Department of Central Management Services, shall report to
7the Governor and the General Assembly regarding the use,
8costs, effectiveness, and future viability of interactive
9video conferences for Prisoner Review Board hearings.
10    (b) Upon recommendation of the Department the Board may
11restore sentence credit previously revoked.
12    (c) The Board shall cooperate with the Department in
13promoting an effective system of parole and mandatory
14supervised release. The Board shall inform the Department of
15any person that is subject to the data entry requirements
16under Section 3-14-2.
17    (d) The Board shall promulgate rules for the conduct of
18its work, and the Chairman shall file a copy of such rules and
19any amendments thereto with the Director and with the
20Secretary of State.
21    (e) The Board shall keep records of all of its official
22actions and shall make them accessible in accordance with law
23and the rules of the Board.
24    (f) The Board or one who has allegedly violated the
25conditions of his or her parole, aftercare release, or
26mandatory supervised release may require by subpoena the

 

 

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1attendance and testimony of witnesses and the production of
2documentary evidence relating to any matter under
3investigation or hearing. The Chairman of the Board may sign
4subpoenas which shall be served by any agent or public
5official authorized by the Chairman of the Board, or by any
6person lawfully authorized to serve a subpoena under the laws
7of the State of Illinois. The attendance of witnesses, and the
8production of documentary evidence, may be required from any
9place in the State to a hearing location in the State before
10the Chairman of the Board or his or her designated agent or
11agents or any duly constituted Committee or Subcommittee of
12the Board. Witnesses so summoned shall be paid the same fees
13and mileage that are paid witnesses in the circuit courts of
14the State, and witnesses whose depositions are taken and the
15persons taking those depositions are each entitled to the same
16fees as are paid for like services in actions in the circuit
17courts of the State. Fees and mileage shall be vouchered for
18payment when the witness is discharged from further
19attendance.
20    In case of disobedience to a subpoena, the Board may
21petition any circuit court of the State for an order requiring
22the attendance and testimony of witnesses or the production of
23documentary evidence or both. A copy of such petition shall be
24served by personal service or by registered or certified mail
25upon the person who has failed to obey the subpoena, and such
26person shall be advised in writing that a hearing upon the

 

 

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1petition will be requested in a court room to be designated in
2such notice before the judge hearing motions or extraordinary
3remedies at a specified time, on a specified date, not less
4than 10 nor more than 15 days after the deposit of the copy of
5the written notice and petition in the U.S. mail mails
6addressed to the person at his or her last known address or
7after the personal service of the copy of the notice and
8petition upon such person. The court upon the filing of such a
9petition, may order the person refusing to obey the subpoena
10to appear at an investigation or hearing, or to there produce
11documentary evidence, if so ordered, or to give evidence
12relative to the subject matter of that investigation or
13hearing. Any failure to obey such order of the circuit court
14may be punished by that court as a contempt of court.
15    Each member of the Board and any hearing officer
16designated by the Board shall have the power to administer
17oaths and to take the testimony of persons under oath.
18    (g) Except under subsection (a) of this Section, a
19majority of the members then appointed to the Prisoner Review
20Board shall constitute a quorum for the transaction of all
21business of the Board.
22    (h) The Prisoner Review Board shall annually transmit to
23the Director a detailed report of its work for the preceding
24calendar year. The annual report shall also be transmitted to
25the Governor for submission to the Legislature.
26(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20;

 

 

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1revised 8-19-20.)
 
2    (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
3    Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
4Release and Release by Statute.
5    (a) The Department shall retain custody of all persons
6placed on parole or mandatory supervised release or released
7pursuant to Section 3-3-10 of this Code and shall supervise
8such persons during their parole or release period in accord
9with the conditions set by the Prisoner Review Board. The
10Department shall enter into the Law Enforcement Agencies Data
11System (LEADS) any conditions of parole or mandatory
12supervised release imposed by the Prisoner Review Board or the
13Department that relate to a no contact order. Such conditions
14shall include referral to an alcohol or drug abuse treatment
15program, as appropriate, if such person has previously been
16identified as having an alcohol or drug abuse problem. Such
17conditions may include that the person use an approved
18electronic monitoring device subject to Article 8A of Chapter
19V.
20    (b) The Department shall assign personnel to assist
21persons eligible for parole in preparing a parole plan. Such
22Department personnel shall make a report of their efforts and
23findings to the Prisoner Review Board prior to its
24consideration of the case of such eligible person.
25    (c) A copy of the conditions of his parole or release shall

 

 

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1be signed by the parolee or releasee and given to him and to
2his supervising officer who shall report on his progress under
3the rules and regulations of the Prisoner Review Board. The
4supervising officer shall report violations to the Prisoner
5Review Board and shall have the full power of peace officers in
6the arrest and retaking of any parolees or releasees or the
7officer may request the Department to issue a warrant for the
8arrest of any parolee or releasee who has allegedly violated
9his parole or release conditions.
10    (c-1) The supervising officer shall request the Department
11to issue a parole violation warrant, and the Department shall
12issue a parole violation warrant, under the following
13circumstances:
14        (1) if the parolee or releasee commits an act that
15    constitutes a felony using a firearm or knife,
16        (2) if applicable, fails to comply with the
17    requirements of the Sex Offender Registration Act,
18        (3) if the parolee or releasee is charged with:
19            (A) a felony offense of domestic battery under
20        Section 12-3.2 of the Criminal Code of 1961 or the
21        Criminal Code of 2012,
22            (B) aggravated domestic battery under Section
23        12-3.3 of the Criminal Code of 1961 or the Criminal
24        Code of 2012,
25            (C) stalking under Section 12-7.3 of the Criminal
26        Code of 1961 or the Criminal Code of 2012,

 

 

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1            (D) aggravated stalking under Section 12-7.4 of
2        the Criminal Code of 1961 or the Criminal Code of 2012,
3            (E) violation of an order of protection under
4        Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
5        the Criminal Code of 2012, or
6            (F) any offense that would require registration as
7        a sex offender under the Sex Offender Registration
8        Act, or
9        (4) if the parolee or releasee is on parole or
10    mandatory supervised release for a murder, a Class X
11    felony or a Class 1 felony violation of the Criminal Code
12    of 1961 or the Criminal Code of 2012, or any felony that
13    requires registration as a sex offender under the Sex
14    Offender Registration Act and commits an act that
15    constitutes first degree murder, a Class X felony, a Class
16    1 felony, a Class 2 felony, or a Class 3 felony.
17     A sheriff or other peace officer may detain an alleged
18parole or release violator until a warrant for his return to
19the Department can be issued. The parolee or releasee may be
20delivered to any secure place until he can be transported to
21the Department. The officer or the Department shall file a
22violation report with notice of charges with the Prisoner
23Review Board.
24    (d) The supervising officer shall regularly advise and
25consult with the parolee or releasee, assist him in adjusting
26to community life, inform him of the restoration of his rights

 

 

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1on successful completion of sentence under Section 5-5-5. If
2the parolee or releasee has been convicted of a sex offense as
3defined in the Sex Offender Management Board Act, the
4supervising officer shall periodically, but not less than once
5a month, verify that the parolee or releasee is in compliance
6with paragraph (7.6) of subsection (a) of Section 3-3-7.
7    (e) Supervising officers shall receive specialized
8training in the special needs of female releasees or parolees
9including the family reunification process.
10    (f) The supervising officer shall keep such records as the
11Prisoner Review Board or Department may require. All records
12shall be entered in the master file of the individual.
13(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10;
1497-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.