103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2045

 

Introduced 2/7/2023, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-3  from Ch. 38, par. 1003-3-3
730 ILCS 5/3-3-5  from Ch. 38, par. 1003-3-5
730 ILCS 5/3-3-16 new

    Amends the Unified Code of Corrections. Provides that a person serving a term of natural life imprisonment is eligible for parole and mandatory supervised release under these provisions. Deletes a provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Provides that the Board shall hold a hearing on each petition, and in determining whether an eligible person should be granted parole, the Prisoner Review Board shall consider certain statutory factors as shown by the petition or as shown at the hearing. Provides that victims' families shall be notified in a timely manner and be provided opportunity to participate at the parole hearing concerning the petitioner's application for parole under these provisions in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and these provisions. Provides that Prisoner Review Board hearings under these provisions shall be conducted by a panel of at least 8 members of the Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing and shall state the basis therefor both in the records of the Board and in written notice to the person on whose petition it has acted. Provides that in its decision, the Board shall set the person's time for parole, or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that these provisions apply retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act. Effective immediately.


LRB103 29224 RLC 55611 b

 

 

A BILL FOR

 

HB2045LRB103 29224 RLC 55611 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 3-3-3 and 3-3-5 and by adding Section 3-3-16
6as follows:
 
7    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
8    Sec. 3-3-3. Eligibility for parole or release.
9    (a) Except for those offenders who accept the fixed
10release date established by the Prisoner Review Board under
11Section 3-3-2.1, every person serving a term of imprisonment
12under the law in effect prior to the effective date of this
13amendatory Act of 1977 shall be eligible for parole when he or
14she has served:
15        (1) the minimum term of an indeterminate sentence less
16    time credit for good behavior, or 20 years less time
17    credit for good behavior, whichever is less; or
18        (2) 20 years of a life sentence less time credit for
19    good behavior; or
20        (3) 20 years or one-third of a determinate sentence,
21    whichever is less, less time credit for good behavior.
22    (b) No person sentenced under this amendatory Act of 1977
23or who accepts a release date under Section 3-3-2.1 shall be

 

 

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1eligible for parole.
2    (c) Subject to Section 3-3-16 Except for those sentenced
3to a term of natural life imprisonment, every person sentenced
4to imprisonment under this amendatory Act of 1977 or given a
5release date under Section 3-3-2.1 of this Act shall serve the
6full term of a determinate sentence less time credit for good
7behavior and shall then be released under the mandatory
8supervised release provisions of paragraph (d) of Section
95-8-1 of this Code.
10    (d) (Blank). No person serving a term of natural life
11imprisonment may be paroled or released except through
12executive clemency.
13    (d-5) A person serving a term of natural life imprisonment
14is eligible for parole under Section 3-3-16 and mandatory
15supervised release under subsection (d) of Section 5-8-1.
16    (e) Every person committed to the Department of Juvenile
17Justice under the Juvenile Court Act of 1987 and confined in
18the State correctional institutions or facilities if such
19juvenile has not been tried as an adult shall be eligible for
20aftercare release under Section 3-2.5-85 of this Code.
21However, if a juvenile has been tried as an adult he or she
22shall only be eligible for parole or mandatory supervised
23release as an adult under this Section.
24(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
25    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)

 

 

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1    Sec. 3-3-5. Hearing and determination.
2    (a) The Prisoner Review Board shall meet as often as need
3requires to consider the cases of persons eligible for parole.
4Except as otherwise provided in paragraph (2) of subsection
5(a) of Section 3-3-2 or in Section 3-3-16 of this Act, the
6Prisoner Review Board may meet and order its actions in panels
7of 3 or more members. The action of a majority of the panel
8shall be the action of the Board.
9    (b) If the person under consideration for parole is in the
10custody of the Department, at least one member of the Board
11shall interview him or her, and a report of that interview
12shall be available for the Board's consideration. However, in
13the discretion of the Board, the interview need not be
14conducted if a psychiatric examination determines that the
15person could not meaningfully contribute to the Board's
16consideration. The Board may in its discretion parole a person
17who is then outside the jurisdiction on his or her record
18without an interview. The Board need not hold a hearing or
19interview a person who is paroled under paragraphs (d) or (e)
20of this Section or released on Mandatory release under Section
213-3-10.
22    (c) The Board shall not parole a person eligible for
23parole if it determines that:
24        (1) there is a substantial risk that he or she will not
25    conform to reasonable conditions of parole or aftercare
26    release; or

 

 

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1        (2) his or her release at that time would deprecate
2    the seriousness of his or her offense or promote
3    disrespect for the law; or
4        (3) his or her release would have a substantially
5    adverse effect on institutional discipline.
6    (d) (Blank).
7    (e) A person who has served the maximum term of
8imprisonment imposed at the time of sentencing less time
9credit for good behavior shall be released on parole to serve a
10period of parole under Section 5-8-1.
11    (f) The Board shall render its decision within a
12reasonable time after hearing and shall state the basis
13therefor both in the records of the Board and in written notice
14to the person on whose application it has acted. In its
15decision, the Board shall set the person's time for parole, or
16if it denies parole it shall provide for a rehearing not less
17frequently than once every year, except that the Board may,
18after denying parole, schedule a rehearing no later than 5
19years from the date of the parole denial, if the Board finds
20that it is not reasonable to expect that parole would be
21granted at a hearing prior to the scheduled rehearing date. If
22the Board shall parole a person, and, if he or she is not
23released within 90 days from the effective date of the order
24granting parole, the matter shall be returned to the Board for
25review.
26    (f-1) If the Board paroles a person who is eligible for

 

 

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1commitment as a sexually violent person, the effective date of
2the Board's order shall be stayed for 90 days for the purpose
3of evaluation and proceedings under the Sexually Violent
4Persons Commitment Act.
5    (g) The Board shall maintain a registry of decisions in
6which parole has been granted, which shall include the name
7and case number of the prisoner, the highest charge for which
8the prisoner was sentenced, the length of sentence imposed,
9the date of the sentence, the date of the parole, and the basis
10for the decision of the Board to grant parole and the vote of
11the Board on any such decisions. The registry shall be made
12available for public inspection and copying during business
13hours and shall be a public record pursuant to the provisions
14of the Freedom of Information Act.
15    (h) The Board shall promulgate rules regarding the
16exercise of its discretion under this Section.
17(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;
1899-628, eff. 1-1-17.)
 
19    (730 ILCS 5/3-3-16 new)
20    Sec. 3-3-16. Long term incarceration; petition for parole.
21    (a) A committed person who has attained the age of 55 years
22and served at least 25 consecutive years of incarceration
23shall be eligible to submit a petition to the Prisoner Review
24Board seeking parole.
25    (b) The Board shall hold a hearing on each petition, and in

 

 

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1determining whether an eligible person should be granted
2parole, the Prisoner Review Board shall consider the following
3factors as shown by the petition or as shown at the hearing:
4        (1) a statement by the petitioner as to the reasons
5    why the petitioner believes he or she should be paroled,
6    including estimated costs of continuing imprisonment. This
7    statement may include a risk assessment by a third party;
8        (2) evidence of the petitioner's rehabilitation during
9    the period of the petitioner's incarceration, including
10    remorse for his or her criminal behavior, if applicable,
11    and his or her commitment not to recidivate. Maintaining
12    innocence shall not prevent a person from being granted
13    parole;
14        (3) character references and community support for the
15    petitioner's release;
16        (4) evidence of the petitioner's participation in
17    educational, vocational, substance abuse, behavior
18    modification programs, life skills courses, re-entry
19    planning, or correctional industry programs and
20    independent efforts at rehabilitation;
21        (5) evidence of the petitioner's employment history in
22    the correctional institution;
23        (6) the petitioner's criminal history;
24        (7) the petitioner's disciplinary history while
25    incarcerated in the correctional institution; and
26        (8) the petitioner's plans for housing upon release

 

 

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1    from incarceration.
2    If the programs described in paragraph (4) of this
3subsection (b) or employment opportunities were not available
4in the correctional institution, the Board shall not penalize
5the committed person in his or her petition for parole under
6this Section.
7    (c) Victims' families shall be notified in a timely manner
8and be provided the opportunity to participate at the parole
9hearing concerning the petitioner's application for parole
10under this Section in accordance with the Rights of Crime
11Victims and Witnesses Act, the Open Parole Hearings Act, and
12this Section.
13    (d) Prisoner Review Board hearings under this Section
14shall be conducted by a panel of at least 8 members of the
15Board and a majority vote of the panel is required to grant the
16petition and release the petitioner on parole.
17    (e) The Board shall render its decision within a
18reasonable time after hearing and shall state the basis of its
19decision both in the records of the Board and in written notice
20to the person on whose petition it has acted. In its decision,
21the Board shall set the person's time for parole or if it
22denies parole, it shall provide for a rehearing no later than 3
23years after denial of parole.
24    (f) This Section applies retroactively to all persons
25serving any sentence that was or is imposed before, on, or
26after the effective date of this amendatory Act of the 103rd

 

 

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1General Assembly, and the period of incarceration for
2eligibility of each such person to submit a petition for
3parole is based on all previous consecutive years of
4incarceration served by that person before, on, and after the
5effective date of this amendatory Act of the 103rd General
6Assembly. This application of this amendatory Act of the 103rd
7General Assembly is necessary in order to serve important
8public purposes, including providing a means for incarcerated
9individuals to be restored to useful citizenship, and
10decreasing the rising costs of incarceration.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.