98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2732

 

Introduced 2/21/2013, by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-2-2  from Ch. 38, par. 1003-2-2
730 ILCS 5/3-3-2  from Ch. 38, par. 1003-3-2
730 ILCS 5/3-3-3  from Ch. 38, par. 1003-3-3
730 ILCS 5/3-3-8  from Ch. 38, par. 1003-3-8

    Amends the Unified Code of Corrections. Provides that the Illinois Department of Corrections (IDOC) shall enter into a Memorandum of Understanding (MOU) with U.S. Immigration and Customs Enforcement (ICE) which authorizes the Secretary of the U.S. Department of Homeland Security to enter into written agreements with a state or any political subdivision of a state to remove an alien in the custody of that state. Provides that the purpose of the MOU is to set forth terms by which ICE and IDOC will cooperate in a Rapid Removal of Eligible Parolees Accepted for Transfer ("Rapid REPAT") program, which allows for early conditional release for deportation of removable custodial aliens to their home countries. Provides that the Prisoner Review Board shall hear by at least one member and, through a panel of at least 3 members, decide all requests for release of prisoners subject to detainers filed by ICE. Provides that the Memorandum of Understanding (MOU) with U.S. Immigration and Customs Enforcement shall provide that a person may take part in the Rapid REPAT program only if a final order of deportation has been issued against the person, provided that prior to the issuance of the order: (A) the person has been advised of and given a full and fair opportunity to exercise his or her rights under federal immigration law to a hearing before an immigration judge to contest his or her removal from the United States, including but not limited to the right to seek and consult with legal counsel and to be represented by counsel at the hearing, to present evidence in support of any applicable defense to a removal proceeding or claim for relief from removal, and to seek review of an adverse decision by the judge; (B) the person has been informed of available legal referral services and of law firms and not-for-profit organizations that provide free or low-cost legal assistance; and (C) the information has been provided verbally and in writing in English and in the person's native language.


LRB098 08717 RLC 38841 b

 

 

A BILL FOR

 

HB2732LRB098 08717 RLC 38841 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 3-2-2, 3-3-2, 3-3-3, and 3-3-8 as follows:
 
6    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
7    Sec. 3-2-2. Powers and Duties of the Department.
8    (1) In addition to the powers, duties and responsibilities
9which are otherwise provided by law, the Department shall have
10the following powers:
11        (a) To accept persons committed to it by the courts of
12    this State for care, custody, treatment and
13    rehabilitation, and to accept federal prisoners and aliens
14    over whom the Office of the Federal Detention Trustee is
15    authorized to exercise the federal detention function for
16    limited purposes and periods of time.
17        (b) To develop and maintain reception and evaluation
18    units for purposes of analyzing the custody and
19    rehabilitation needs of persons committed to it and to
20    assign such persons to institutions and programs under its
21    control or transfer them to other appropriate agencies. In
22    consultation with the Department of Alcoholism and
23    Substance Abuse (now the Department of Human Services), the

 

 

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1    Department of Corrections shall develop a master plan for
2    the screening and evaluation of persons committed to its
3    custody who have alcohol or drug abuse problems, and for
4    making appropriate treatment available to such persons;
5    the Department shall report to the General Assembly on such
6    plan not later than April 1, 1987. The maintenance and
7    implementation of such plan shall be contingent upon the
8    availability of funds.
9        (b-1) To create and implement, on January 1, 2002, a
10    pilot program to establish the effectiveness of
11    pupillometer technology (the measurement of the pupil's
12    reaction to light) as an alternative to a urine test for
13    purposes of screening and evaluating persons committed to
14    its custody who have alcohol or drug problems. The pilot
15    program shall require the pupillometer technology to be
16    used in at least one Department of Corrections facility.
17    The Director may expand the pilot program to include an
18    additional facility or facilities as he or she deems
19    appropriate. A minimum of 4,000 tests shall be included in
20    the pilot program. The Department must report to the
21    General Assembly on the effectiveness of the program by
22    January 1, 2003.
23        (b-5) To develop, in consultation with the Department
24    of State Police, a program for tracking and evaluating each
25    inmate from commitment through release for recording his or
26    her gang affiliations, activities, or ranks.

 

 

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1        (c) To maintain and administer all State correctional
2    institutions and facilities under its control and to
3    establish new ones as needed. Pursuant to its power to
4    establish new institutions and facilities, the Department
5    may, with the written approval of the Governor, authorize
6    the Department of Central Management Services to enter into
7    an agreement of the type described in subsection (d) of
8    Section 405-300 of the Department of Central Management
9    Services Law (20 ILCS 405/405-300). The Department shall
10    designate those institutions which shall constitute the
11    State Penitentiary System.
12        Pursuant to its power to establish new institutions and
13    facilities, the Department may authorize the Department of
14    Central Management Services to accept bids from counties
15    and municipalities for the construction, remodeling or
16    conversion of a structure to be leased to the Department of
17    Corrections for the purposes of its serving as a
18    correctional institution or facility. Such construction,
19    remodeling or conversion may be financed with revenue bonds
20    issued pursuant to the Industrial Building Revenue Bond Act
21    by the municipality or county. The lease specified in a bid
22    shall be for a term of not less than the time needed to
23    retire any revenue bonds used to finance the project, but
24    not to exceed 40 years. The lease may grant to the State
25    the option to purchase the structure outright.
26        Upon receipt of the bids, the Department may certify

 

 

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1    one or more of the bids and shall submit any such bids to
2    the General Assembly for approval. Upon approval of a bid
3    by a constitutional majority of both houses of the General
4    Assembly, pursuant to joint resolution, the Department of
5    Central Management Services may enter into an agreement
6    with the county or municipality pursuant to such bid.
7        (c-5) To build and maintain regional juvenile
8    detention centers and to charge a per diem to the counties
9    as established by the Department to defray the costs of
10    housing each minor in a center. In this subsection (c-5),
11    "juvenile detention center" means a facility to house
12    minors during pendency of trial who have been transferred
13    from proceedings under the Juvenile Court Act of 1987 to
14    prosecutions under the criminal laws of this State in
15    accordance with Section 5-805 of the Juvenile Court Act of
16    1987, whether the transfer was by operation of law or
17    permissive under that Section. The Department shall
18    designate the counties to be served by each regional
19    juvenile detention center.
20        (d) To develop and maintain programs of control,
21    rehabilitation and employment of committed persons within
22    its institutions.
23        (d-5) To provide a pre-release job preparation program
24    for inmates at Illinois adult correctional centers.
25        (e) To establish a system of supervision and guidance
26    of committed persons in the community.

 

 

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1        (f) To establish in cooperation with the Department of
2    Transportation to supply a sufficient number of prisoners
3    for use by the Department of Transportation to clean up the
4    trash and garbage along State, county, township, or
5    municipal highways as designated by the Department of
6    Transportation. The Department of Corrections, at the
7    request of the Department of Transportation, shall furnish
8    such prisoners at least annually for a period to be agreed
9    upon between the Director of Corrections and the Director
10    of Transportation. The prisoners used on this program shall
11    be selected by the Director of Corrections on whatever
12    basis he deems proper in consideration of their term,
13    behavior and earned eligibility to participate in such
14    program - where they will be outside of the prison facility
15    but still in the custody of the Department of Corrections.
16    Prisoners convicted of first degree murder, or a Class X
17    felony, or armed violence, or aggravated kidnapping, or
18    criminal sexual assault, aggravated criminal sexual abuse
19    or a subsequent conviction for criminal sexual abuse, or
20    forcible detention, or arson, or a prisoner adjudged a
21    Habitual Criminal shall not be eligible for selection to
22    participate in such program. The prisoners shall remain as
23    prisoners in the custody of the Department of Corrections
24    and such Department shall furnish whatever security is
25    necessary. The Department of Transportation shall furnish
26    trucks and equipment for the highway cleanup program and

 

 

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1    personnel to supervise and direct the program. Neither the
2    Department of Corrections nor the Department of
3    Transportation shall replace any regular employee with a
4    prisoner.
5        (g) To maintain records of persons committed to it and
6    to establish programs of research, statistics and
7    planning.
8        (h) To investigate the grievances of any person
9    committed to the Department, to inquire into any alleged
10    misconduct by employees or committed persons, and to
11    investigate the assets of committed persons to implement
12    Section 3-7-6 of this Code; and for these purposes it may
13    issue subpoenas and compel the attendance of witnesses and
14    the production of writings and papers, and may examine
15    under oath any witnesses who may appear before it; to also
16    investigate alleged violations of a parolee's or
17    releasee's conditions of parole or release; and for this
18    purpose it may issue subpoenas and compel the attendance of
19    witnesses and the production of documents only if there is
20    reason to believe that such procedures would provide
21    evidence that such violations have occurred.
22        If any person fails to obey a subpoena issued under
23    this subsection, the Director may apply to any circuit
24    court to secure compliance with the subpoena. The failure
25    to comply with the order of the court issued in response
26    thereto shall be punishable as contempt of court.

 

 

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1        (i) To appoint and remove the chief administrative
2    officers, and administer programs of training and
3    development of personnel of the Department. Personnel
4    assigned by the Department to be responsible for the
5    custody and control of committed persons or to investigate
6    the alleged misconduct of committed persons or employees or
7    alleged violations of a parolee's or releasee's conditions
8    of parole shall be conservators of the peace for those
9    purposes, and shall have the full power of peace officers
10    outside of the facilities of the Department in the
11    protection, arrest, retaking and reconfining of committed
12    persons or where the exercise of such power is necessary to
13    the investigation of such misconduct or violations.
14        (j) To cooperate with other departments and agencies
15    and with local communities for the development of standards
16    and programs for better correctional services in this
17    State.
18        (k) To administer all moneys and properties of the
19    Department.
20        (l) To report annually to the Governor on the committed
21    persons, institutions and programs of the Department.
22        (l-5) (Blank).
23        (m) To make all rules and regulations and exercise all
24    powers and duties vested by law in the Department.
25        (n) To establish rules and regulations for
26    administering a system of sentence credits, established in

 

 

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1    accordance with Section 3-6-3, subject to review by the
2    Prisoner Review Board.
3        (o) To administer the distribution of funds from the
4    State Treasury to reimburse counties where State penal
5    institutions are located for the payment of assistant
6    state's attorneys' salaries under Section 4-2001 of the
7    Counties Code.
8        (p) To exchange information with the Department of
9    Human Services and the Department of Healthcare and Family
10    Services for the purpose of verifying living arrangements
11    and for other purposes directly connected with the
12    administration of this Code and the Illinois Public Aid
13    Code.
14        (q) To establish a diversion program.
15        The program shall provide a structured environment for
16    selected technical parole or mandatory supervised release
17    violators and committed persons who have violated the rules
18    governing their conduct while in work release. This program
19    shall not apply to those persons who have committed a new
20    offense while serving on parole or mandatory supervised
21    release or while committed to work release.
22        Elements of the program shall include, but shall not be
23    limited to, the following:
24            (1) The staff of a diversion facility shall provide
25        supervision in accordance with required objectives set
26        by the facility.

 

 

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1            (2) Participants shall be required to maintain
2        employment.
3            (3) Each participant shall pay for room and board
4        at the facility on a sliding-scale basis according to
5        the participant's income.
6            (4) Each participant shall:
7                (A) provide restitution to victims in
8            accordance with any court order;
9                (B) provide financial support to his
10            dependents; and
11                (C) make appropriate payments toward any other
12            court-ordered obligations.
13            (5) Each participant shall complete community
14        service in addition to employment.
15            (6) Participants shall take part in such
16        counseling, educational and other programs as the
17        Department may deem appropriate.
18            (7) Participants shall submit to drug and alcohol
19        screening.
20            (8) The Department shall promulgate rules
21        governing the administration of the program.
22        (r) To enter into intergovernmental cooperation
23    agreements under which persons in the custody of the
24    Department may participate in a county impact
25    incarceration program established under Section 3-6038 or
26    3-15003.5 of the Counties Code.

 

 

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1        (r-5) (Blank).
2        (r-10) To systematically and routinely identify with
3    respect to each streetgang active within the correctional
4    system: (1) each active gang; (2) every existing inter-gang
5    affiliation or alliance; and (3) the current leaders in
6    each gang. The Department shall promptly segregate leaders
7    from inmates who belong to their gangs and allied gangs.
8    "Segregate" means no physical contact and, to the extent
9    possible under the conditions and space available at the
10    correctional facility, prohibition of visual and sound
11    communication. For the purposes of this paragraph (r-10),
12    "leaders" means persons who:
13            (i) are members of a criminal streetgang;
14            (ii) with respect to other individuals within the
15        streetgang, occupy a position of organizer,
16        supervisor, or other position of management or
17        leadership; and
18            (iii) are actively and personally engaged in
19        directing, ordering, authorizing, or requesting
20        commission of criminal acts by others, which are
21        punishable as a felony, in furtherance of streetgang
22        related activity both within and outside of the
23        Department of Corrections.
24    "Streetgang", "gang", and "streetgang related" have the
25    meanings ascribed to them in Section 10 of the Illinois
26    Streetgang Terrorism Omnibus Prevention Act.

 

 

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1        (s) To operate a super-maximum security institution,
2    in order to manage and supervise inmates who are disruptive
3    or dangerous and provide for the safety and security of the
4    staff and the other inmates.
5        (t) To monitor any unprivileged conversation or any
6    unprivileged communication, whether in person or by mail,
7    telephone, or other means, between an inmate who, before
8    commitment to the Department, was a member of an organized
9    gang and any other person without the need to show cause or
10    satisfy any other requirement of law before beginning the
11    monitoring, except as constitutionally required. The
12    monitoring may be by video, voice, or other method of
13    recording or by any other means. As used in this
14    subdivision (1)(t), "organized gang" has the meaning
15    ascribed to it in Section 10 of the Illinois Streetgang
16    Terrorism Omnibus Prevention Act.
17        As used in this subdivision (1)(t), "unprivileged
18    conversation" or "unprivileged communication" means a
19    conversation or communication that is not protected by any
20    privilege recognized by law or by decision, rule, or order
21    of the Illinois Supreme Court.
22        (u) To establish a Women's and Children's Pre-release
23    Community Supervision Program for the purpose of providing
24    housing and services to eligible female inmates, as
25    determined by the Department, and their newborn and young
26    children.

 

 

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1        (u-5) To issue an order, whenever a person committed to
2    the Department absconds or absents himself or herself,
3    without authority to do so, from any facility or program to
4    which he or she is assigned. The order shall be certified
5    by the Director, the Supervisor of the Apprehension Unit,
6    or any person duly designated by the Director, with the
7    seal of the Department affixed. The order shall be directed
8    to all sheriffs, coroners, and police officers, or to any
9    particular person named in the order. Any order issued
10    pursuant to this subdivision (1) (u-5) shall be sufficient
11    warrant for the officer or person named in the order to
12    arrest and deliver the committed person to the proper
13    correctional officials and shall be executed the same as
14    criminal process.
15        (v) To do all other acts necessary to carry out the
16    provisions of this Chapter.
17    (2) The Department of Corrections shall by January 1, 1998,
18consider building and operating a correctional facility within
19100 miles of a county of over 2,000,000 inhabitants, especially
20a facility designed to house juvenile participants in the
21impact incarceration program.
22    (3) When the Department lets bids for contracts for medical
23services to be provided to persons committed to Department
24facilities by a health maintenance organization, medical
25service corporation, or other health care provider, the bid may
26only be let to a health care provider that has obtained an

 

 

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1irrevocable letter of credit or performance bond issued by a
2company whose bonds have an investment grade or higher rating
3by a bond rating organization.
4    (4) When the Department lets bids for contracts for food or
5commissary services to be provided to Department facilities,
6the bid may only be let to a food or commissary services
7provider that has obtained an irrevocable letter of credit or
8performance bond issued by a company whose bonds have an
9investment grade or higher rating by a bond rating
10organization.
11    (5) The Illinois Department of Corrections (IDOC) shall
12enter into a Memorandum of Understanding (MOU) with U.S.
13Immigration and Customs Enforcement (ICE), pursuant to Section
14241(a) of the Immigration and Nationality Act, codified at 8
15U.S.C. Section 1231(a), as amended by the Homeland Security Act
16of 2002, Public Law No. 107-296 as codified at 8 U.S.C.
17Sections 131-134 which authorizes the Secretary of the
18Department of Homeland Security to enter into written
19agreements with a state or any political subdivision of a state
20to remove certain non-United States citizens in the custody of
21that state. The purpose of the MOU is to set forth terms by
22which ICE and IDOC will cooperate in a Rapid Removal of
23Eligible Parolees Accepted for Transfer ("Rapid REPAT")
24program, which allows for early conditional release for
25deportation of the noncitizens to their home countries. The MOU
26shall provide that a person may take part in this program only

 

 

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1if a final order of deportation has been issued against the
2person, provided that prior to the issuance of the order:
3        (A) the person has been advised of and given a full and
4    fair opportunity to exercise his or her rights under
5    federal immigration law to a hearing before an immigration
6    judge to contest his or her removal from the United States,
7    including but not limited to the right to seek and consult
8    with legal counsel and to be represented by counsel at the
9    hearing, to present evidence in support of any applicable
10    defense to a removal proceeding or claim for relief from
11    removal, and to seek review of an adverse decision by the
12    judge;
13        (B) the person has been informed of available legal
14    referral services and of law firms and not-for-profit
15    organizations that provide free or low-cost legal
16    assistance; and
17        (C) the information described in subparagraphs (A) and
18    (B) has been provided verbally and in writing in English
19    and in the person's native language.
20(Source: P.A. 96-1265, eff. 7-26-10; 97-697, eff. 6-22-12;
2197-800, eff. 7-13-12; 97-802, eff. 7-13-12; revised 7-23-12.)
 
22    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
23    Sec. 3-3-2. Powers and Duties.
24    (a) The Parole and Pardon Board is abolished and the term
25"Parole and Pardon Board" as used in any law of Illinois, shall

 

 

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1read "Prisoner Review Board." After the effective date of this
2amendatory Act of 1977, the Prisoner Review Board shall provide
3by rule for the orderly transition of all files, records, and
4documents of the Parole and Pardon Board and for such other
5steps as may be necessary to effect an orderly transition and
6shall:
7        (1) hear by at least one member and through a panel of
8    at least 3 members decide, cases of prisoners who were
9    sentenced under the law in effect prior to the effective
10    date of this amendatory Act of 1977, and who are eligible
11    for parole;
12        (2) hear by at least one member and through a panel of
13    at least 3 members decide, the conditions of parole and the
14    time of discharge from parole, impose sanctions for
15    violations of parole, and revoke parole for those sentenced
16    under the law in effect prior to this amendatory Act of
17    1977; provided that the decision to parole and the
18    conditions of parole for all prisoners who were sentenced
19    for first degree murder or who received a minimum sentence
20    of 20 years or more under the law in effect prior to
21    February 1, 1978 shall be determined by a majority vote of
22    the Prisoner Review Board. One representative supporting
23    parole and one representative opposing parole will be
24    allowed to speak. Their comments shall be limited to making
25    corrections and filling in omissions to the Board's
26    presentation and discussion;

 

 

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1        (3) hear by at least one member and through a panel of
2    at least 3 members decide, the conditions of mandatory
3    supervised release and the time of discharge from mandatory
4    supervised release, impose sanctions for violations of
5    mandatory supervised release, and revoke mandatory
6    supervised release for those sentenced under the law in
7    effect after the effective date of this amendatory Act of
8    1977;
9        (3.5) hear by at least one member and through a panel
10    of at least 3 members decide, the conditions of mandatory
11    supervised release and the time of discharge from mandatory
12    supervised release, to impose sanctions for violations of
13    mandatory supervised release and revoke mandatory
14    supervised release for those serving extended supervised
15    release terms pursuant to paragraph (4) of subsection (d)
16    of Section 5-8-1;
17        (4) hear by at least one member and through a panel of
18    at least 3 members, decide cases brought by the Department
19    of Corrections against a prisoner in the custody of the
20    Department for alleged violation of Department rules with
21    respect to sentence credits under Section 3-6-3 of this
22    Code in which the Department seeks to revoke sentence
23    credits, if the amount of time at issue exceeds 30 days or
24    when, during any 12 month period, the cumulative amount of
25    credit revoked exceeds 30 days except where the infraction
26    is committed or discovered within 60 days of scheduled

 

 

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1    release. In such cases, the Department of Corrections may
2    revoke up to 30 days of sentence credit. The Board may
3    subsequently approve the revocation of additional sentence
4    credit, if the Department seeks to revoke sentence credit
5    in excess of thirty days. However, the Board shall not be
6    empowered to review the Department's decision with respect
7    to the loss of 30 days of sentence credit for any prisoner
8    or to increase any penalty beyond the length requested by
9    the Department;
10        (5) hear by at least one member and through a panel of
11    at least 3 members decide, the release dates for certain
12    prisoners sentenced under the law in existence prior to the
13    effective date of this amendatory Act of 1977, in
14    accordance with Section 3-3-2.1 of this Code;
15        (6) hear by at least one member and through a panel of
16    at least 3 members decide, all requests for pardon,
17    reprieve or commutation, and make confidential
18    recommendations to the Governor;
19        (7) comply with the requirements of the Open Parole
20    Hearings Act;
21        (8) hear by at least one member and, through a panel of
22    at least 3 members, decide cases brought by the Department
23    of Corrections against a prisoner in the custody of the
24    Department for court dismissal of a frivolous lawsuit
25    pursuant to Section 3-6-3(d) of this Code in which the
26    Department seeks to revoke up to 180 days of sentence

 

 

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1    credit, and if the prisoner has not accumulated 180 days of
2    sentence credit at the time of the dismissal, then all
3    sentence credit accumulated by the prisoner shall be
4    revoked;
5        (9) hear by at least 3 members, and, through a panel of
6    at least 3 members, decide whether to grant certificates of
7    relief from disabilities or certificates of good conduct as
8    provided in Article 5.5 of Chapter V; and
9        (10) upon a petition by a person who has been convicted
10    of a Class 3 or Class 4 felony and who meets the
11    requirements of this paragraph, hear by at least 3 members
12    and, with the unanimous vote of a panel of 3 members, issue
13    a certificate of eligibility for sealing recommending that
14    the court order the sealing of all official records of the
15    arresting authority, the circuit court clerk, and the
16    Department of State Police concerning the arrest and
17    conviction for the Class 3 or 4 felony. A person may not
18    apply to the Board for a certificate of eligibility for
19    sealing:
20            (A) until 5 years have elapsed since the expiration
21        of his or her sentence;
22            (B) until 5 years have elapsed since any arrests or
23        detentions by a law enforcement officer for an alleged
24        violation of law, other than a petty offense, traffic
25        offense, conservation offense, or local ordinance
26        offense;

 

 

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1            (C) if convicted of a violation of the Cannabis
2        Control Act, Illinois Controlled Substances Act, the
3        Methamphetamine Control and Community Protection Act,
4        the Methamphetamine Precursor Control Act, or the
5        Methamphetamine Precursor Tracking Act unless the
6        petitioner has completed a drug abuse program for the
7        offense on which sealing is sought and provides proof
8        that he or she has completed the program successfully;
9            (D) if convicted of:
10                (i) a sex offense described in Article 11 or
11            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
12            the Criminal Code of 1961 or the Criminal Code of
13            2012;
14                (ii) aggravated assault;
15                (iii) aggravated battery;
16                (iv) domestic battery;
17                (v) aggravated domestic battery;
18                (vi) violation of an order of protection;
19                (vii) an offense under the Criminal Code of
20            1961 or the Criminal Code of 2012 involving a
21            firearm;
22                (viii) driving while under the influence of
23            alcohol, other drug or drugs, intoxicating
24            compound or compounds or any combination thereof;
25                (ix) aggravated driving while under the
26            influence of alcohol, other drug or drugs,

 

 

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1            intoxicating compound or compounds or any
2            combination thereof; or
3                (x) any crime defined as a crime of violence
4            under Section 2 of the Crime Victims Compensation
5            Act.
6    If a person has applied to the Board for a certificate of
7eligibility for sealing and the Board denies the certificate,
8the person must wait at least 4 years before filing again or
9filing for pardon from the Governor unless the Chairman of the
10Prisoner Review Board grants a waiver.
11    The decision to issue or refrain from issuing a certificate
12of eligibility for sealing shall be at the Board's sole
13discretion, and shall not give rise to any cause of action
14against either the Board or its members.
15    The Board may only authorize the sealing of Class 3 and 4
16felony convictions of the petitioner from one information or
17indictment under this paragraph (10). A petitioner may only
18receive one certificate of eligibility for sealing under this
19provision for life; and .
20        (11) hear by at least one member and, through a panel
21    of at least 3 members, decide all requests for early
22    conditional release under the Rapid REPAT program
23    described in subsection (5) of Section 3-2-2 of this Code.
24    (a-5) The Prisoner Review Board, with the cooperation of
25and in coordination with the Department of Corrections and the
26Department of Central Management Services, shall implement a

 

 

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

 

 

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1require by subpoena the attendance and testimony of witnesses
2and the production of documentary evidence relating to any
3matter under investigation or hearing. The Chairman of the
4Board may sign subpoenas which shall be served by any agent or
5public official authorized by the Chairman of the Board, or by
6any person lawfully authorized to serve a subpoena under the
7laws of the State of Illinois. The attendance of witnesses, and
8the production of documentary evidence, may be required from
9any place in the State to a hearing location in the State
10before the Chairman of the Board or his designated agent or
11agents or any duly constituted Committee or Subcommittee of the
12Board. Witnesses so summoned shall be paid the same fees and
13mileage that are paid witnesses in the circuit courts of the
14State, 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 attendance.
19    In case of disobedience to a subpoena, the Board may
20petition any circuit court of the State for an order requiring
21the attendance and testimony of witnesses or the production of
22documentary evidence or both. A copy of such petition shall be
23served by personal service or by registered or certified mail
24upon the person who has failed to obey the subpoena, and such
25person shall be advised in writing that a hearing upon the
26petition will be requested in a court room to be designated in

 

 

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1such notice before the judge hearing motions or extraordinary
2remedies at a specified time, on a specified date, not less
3than 10 nor more than 15 days after the deposit of the copy of
4the written notice and petition in the U.S. mails addressed to
5the person at his last known address or after the personal
6service of the copy of the notice and petition upon such
7person. The court upon the filing of such a petition, may order
8the person refusing to obey the subpoena to appear at an
9investigation or hearing, or to there produce documentary
10evidence, if so ordered, or to give evidence relative to the
11subject matter of that investigation or hearing. Any failure to
12obey such order of the circuit court may be punished by that
13court as a contempt of court.
14    Each member of the Board and any hearing officer designated
15by the Board shall have the power to administer oaths and to
16take the testimony of persons under oath.
17    (g) Except under subsection (a) of this Section, a majority
18of the members then appointed to the Prisoner Review Board
19shall constitute a quorum for the transaction of all business
20of the Board.
21    (h) The Prisoner Review Board shall annually transmit to
22the Director a detailed report of its work for the preceding
23calendar year. The annual report shall also be transmitted to
24the Governor for submission to the Legislature.
25(Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12;
2697-1120, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 

 

 

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1    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
2    Sec. 3-3-3. Eligibility for Parole or Release.
3    (a) Except for those offenders who accept the fixed release
4date established by the Prisoner Review Board under Section
53-3-2.1, every person serving a term of imprisonment under the
6law in effect prior to the effective date of this amendatory
7Act of 1977 shall be eligible for parole when he has served:
8        (1) the minimum term of an indeterminate sentence less
9    time credit for good behavior, or 20 years less time credit
10    for good behavior, whichever is less; or
11        (2) 20 years of a life sentence less time credit for
12    good behavior; or
13        (3) 20 years or one-third of a determinate sentence,
14    whichever is less, less time credit for good behavior.
15    (b) No person sentenced under this amendatory Act of 1977
16or who accepts a release date under Section 3-3-2.1 shall be
17eligible for parole.
18    (c) Except for those sentenced to a term of natural life
19imprisonment, every person sentenced to imprisonment under
20this amendatory Act of 1977 or given a release date under
21Section 3-3-2.1 of this Act shall serve the full term of a
22determinate sentence less time credit for good behavior and
23shall then be released under the mandatory supervised release
24provisions of paragraph (d) of Section 5-8-1 of this Code.
25    (d) No person serving a term of natural life imprisonment

 

 

HB2732- 25 -LRB098 08717 RLC 38841 b

1may be paroled or released except through executive clemency.
2    (e) Every person committed to the Department of Juvenile
3Justice under Section 5-10 of the Juvenile Court Act or Section
45-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
5this Code and confined in the State correctional institutions
6or facilities if such juvenile has not been tried as an adult
7shall be eligible for parole without regard to the length of
8time the person has been confined or whether the person has
9served any minimum term imposed. However, if a juvenile has
10been tried as an adult he shall only be eligible for parole or
11mandatory supervised release as an adult under this Section.
12    (f) Notwithstanding any other provision of law, any person
13in the custody of IDOC who is not a citizen of the United
14States who meets the following criteria may be released by the
15Prisoner Review Board to the custody of the United States
16Department of Homeland Security, Immigration and Customs
17Enforcement under the Rapid REPAT program described in
18subsection (5) of Section 3-2-2 of this Code:
19        (1) the person has requested the release voluntarily,
20    but only after:
21            (A) IDOC has identified the person as potentially
22        eligible for the Rapid REPAT program based on the
23        person having fulfilled the requirements in paragraphs
24        (2), (3), and (4) of this subsection (f);
25            (B) subsequent to the identification described in
26        subparagraph (A) of this paragraph (1), IDOC has fully

 

 

HB2732- 26 -LRB098 08717 RLC 38841 b

1        informed the person, both verbally and in writing in
2        English and in the person's native language, about the
3        Rapid REPAT program, including the program
4        requirements for transfer to Immigration and Customs
5        Enforcement and removal from the United States and the
6        consequences of returning to the United States
7        illegally subsequent to removal; and
8            (C) IDOC has provided the person with a written
9        list of names and phone numbers of legal resources with
10        which the person may seek legal consultation,
11        including legal referral services, law firms, and
12        not-for-profit organizations that provide free or
13        low-cost legal assistance;
14        (2) a final order of deportation has been issued
15    against the person, provided that prior to the issuance of
16    the order, the person has been provided the information
17    described in the last sentence of subsection (5) of Section
18    3-2-2 of this Code, and provided further that Immigration
19    and Customs Enforcement has notified IDOC that the person
20    has exhausted or voluntarily waived in writing any further
21    rights to seek review of the order;
22        (3) the person has less than one year remaining on his
23    or her sentence of incarceration with the Department of
24    Corrections; and
25        (4) the person is not serving a sentence for a forcible
26    felony, as defined in the Criminal Code of 2012; for any

 

 

HB2732- 27 -LRB098 08717 RLC 38841 b

1    offense "directed against the person", as identified in
2    Part B of Title III of the Criminal Code of 2012; for any
3    offense "affecting governmental functions", as identified
4    in Part E of Title III of the Criminal Code of 2012; for
5    any "aggravated" offense, as identified in Part F of Title
6    III of the Criminal Code of 2012; or for an offense falling
7    into a Class of felony other than Class 3 or 4, as set out
8    in the Criminal Code of 2012 and the Unified Code of
9    Corrections.
10    The Board may condition the early conditional release of a
11person under this paragraph on receipt of assurance from
12Immigration and Customs Enforcement that the order of
13deportation will be executed promptly and that a person
14released hereunder will not be released from the custody of
15Immigration and Customs Enforcement, unless the release is a
16result of deportation, without notice to the Board and an
17opportunity for issuance of a parole violation warrant for the
18retaking of the person.
19    If a person released under this subsection returns
20illegally to the United States, on notification from any
21federal, state, or local law enforcement authority that the
22person is in custody, the Board shall revoke his or her early
23conditional release. Thereafter, the person shall not be
24eligible for release without first having served the full
25remainder of his or her term of incarceration. In that event,
26though, the time spent in the custody of Immigration and

 

 

HB2732- 28 -LRB098 08717 RLC 38841 b

1Customs Enforcement shall be credited against the remainder of
2the term of incarceration.
3(Source: P.A. 94-696, eff. 6-1-06.)
 
4    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
5    Sec. 3-3-8. Length of parole and mandatory supervised
6release; discharge.)
7    (a) The length of parole for a person sentenced under the
8law in effect prior to the effective date of this amendatory
9Act of 1977 and the length of mandatory supervised release for
10those sentenced under the law in effect on and after such
11effective date shall be as set out in Section 5-8-1 unless
12sooner terminated under paragraph (b) of this Section. The
13parole period of a juvenile committed to the Department under
14the Juvenile Court Act or the Juvenile Court Act of 1987 shall
15extend until he is 21 years of age unless sooner terminated
16under paragraph (b) of this Section.
17    (b) The Prisoner Review Board may enter an order releasing
18and discharging one from parole or mandatory supervised
19release, and his commitment to the Department, when it
20determines that he is likely to remain at liberty without
21committing another offense.
22    (b-1) Provided that the subject is in compliance with the
23terms and conditions of his or her parole or mandatory
24supervised release, the Prisoner Review Board may reduce the
25period of a parolee or releasee's parole or mandatory

 

 

HB2732- 29 -LRB098 08717 RLC 38841 b

1supervised release by 90 days upon the parolee or releasee
2receiving a high school diploma or upon passage of the high
3school level Test of General Educational Development during the
4period of his or her parole or mandatory supervised release.
5This reduction in the period of a subject's term of parole or
6mandatory supervised release shall be available only to
7subjects who have not previously earned a high school diploma
8or who have not previously passed the high school level Test of
9General Educational Development.
10    (b-2) The Prisoner Review Board may enter an order granting
11early conditional release under the Rapid REPAT program
12described in subsection (5) of Section 3-2-2 of this Code in
13accordance with subsection (f) of Section 3-3-3 of this Code.
14    (c) The order of discharge shall become effective upon
15entry of the order of the Board. The Board shall notify the
16clerk of the committing court of the order. Upon receipt of
17such copy, the clerk shall make an entry on the record judgment
18that the sentence or commitment has been satisfied pursuant to
19the order.
20    (d) Rights of the person discharged under this Section
21shall be restored under Section 5-5-5. This Section is subject
22to Section 5-750 of the Juvenile Court Act of 1987.
23(Source: P.A. 97-531, eff. 1-1-12.)