Rep. Brandon W. Phelps

Filed: 3/17/2015

 

 


 

 


 
09900HB3927ham001LRB099 09174 RLC 32388 a

1
AMENDMENT TO HOUSE BILL 3927

2    AMENDMENT NO. ______. Amend House Bill 3927 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 3-3-1 as follows:
 
6    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
7    Sec. 3-3-1. Establishment and Appointment of Prisoner
8Review Board.
9    (a) There shall be a Prisoner Review Board independent of
10the Department of Corrections which shall be:
11        (1) the paroling authority for persons sentenced under
12    the law in effect prior to the effective date of this
13    amendatory Act of 1977;
14        (1.5) the authority for hearing and deciding the time
15    of aftercare release for persons adjudicated delinquent
16    under the Juvenile Court Act of 1987;

 

 

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1        (2) the board of review for cases involving the
2    revocation of sentence credits or a suspension or reduction
3    in the rate of accumulating the credit;
4        (3) the board of review and recommendation for the
5    exercise of executive clemency by the Governor;
6        (4) the authority for establishing release dates for
7    certain prisoners sentenced under the law in existence
8    prior to the effective date of this amendatory Act of 1977,
9    in accordance with Section 3-3-2.1 of this Code;
10        (5) the authority for setting conditions for parole,
11    mandatory supervised release under Section 5-8-1(a) of
12    this Code, and aftercare release, and determining whether a
13    violation of those conditions warrant revocation of
14    parole, aftercare release, or mandatory supervised release
15    or the imposition of other sanctions.
16    (b) The Board shall consist of 15 persons appointed by the
17Governor by and with the advice and consent of the Senate. One
18member of the Board shall be designated by the Governor to be
19Chairman and shall serve as Chairman at the pleasure of the
20Governor. The members of the Board shall have had at least 5
21years of actual experience in the fields of penology,
22corrections work, law enforcement, sociology, law, education,
23social work, medicine, psychology, other behavioral sciences,
24or a combination thereof. At least 6 members so appointed must
25have had at least 3 years experience in the field of juvenile
26matters. No more than 8 Board members may be members of the

 

 

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1same political party.
2    Except as otherwise provided in this subsection (b), each
3Each member of the Board shall serve on a full-time basis and
4shall not hold any other salaried public office, whether
5elective or appointive, nor any other office or position of
6profit, nor engage in any other business, employment, or
7vocation; however, a member of the Board may teach at an
8accredited public or private school, college, or university and
9may receive a salary for that teaching. A member of the Board
10shall be allowed to teach only at times in which he or she is
11not engaged in his or her duties as a member of the Board. The
12Chairman of the Board shall receive $35,000 a year, or an
13amount set by the Compensation Review Board, whichever is
14greater, and each other member $30,000, or an amount set by the
15Compensation Review Board, whichever is greater.
16    (c) Notwithstanding any other provision of this Section,
17the term of each member of the Board who was appointed by the
18Governor and is in office on June 30, 2003 shall terminate at
19the close of business on that date or when all of the successor
20members to be appointed pursuant to this amendatory Act of the
2193rd General Assembly have been appointed by the Governor,
22whichever occurs later. As soon as possible, the Governor shall
23appoint persons to fill the vacancies created by this
24amendatory Act.
25    Of the initial members appointed under this amendatory Act
26of the 93rd General Assembly, the Governor shall appoint 5

 

 

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1members whose terms shall expire on the third Monday in January
22005, 5 members whose terms shall expire on the third Monday in
3January 2007, and 5 members whose terms shall expire on the
4third Monday in January 2009. Their respective successors shall
5be appointed for terms of 6 years from the third Monday in
6January of the year of appointment. Each member shall serve
7until his or her successor is appointed and qualified.
8    Any member may be removed by the Governor for incompetence,
9neglect of duty, malfeasance or inability to serve.
10    (d) The Chairman of the Board shall be its chief executive
11and administrative officer. The Board may have an Executive
12Director; if so, the Executive Director shall be appointed by
13the Governor with the advice and consent of the Senate. The
14salary and duties of the Executive Director shall be fixed by
15the Board.
16(Source: P.A. 97-697, eff. 6-22-12; 98-558, eff. 1-1-14.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".