(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1) Sec. 3-3-1. Establishment and appointment of Prisoner Review Board. (a) There shall be a Prisoner Review Board independent of the Department which shall be: (1) the paroling authority for persons sentenced |
| under the law in effect prior to the effective date of this amendatory Act of 1977;
|
|
(1.2) the paroling authority for persons eligible for
|
| parole review under Section 5-4.5-115;
|
|
(1.5) (blank);
(2) the board of review for cases involving the
|
| revocation of sentence credits or a suspension or reduction in the rate of accumulating the credit;
|
|
(3) the board of review and recommendation for the
|
| exercise of executive clemency by the Governor;
|
|
(4) the authority for establishing release dates for
|
| certain prisoners sentenced under the law in existence prior to the effective date of this amendatory Act of 1977, in accordance with Section 3-3-2.1 of this Code;
|
|
(5) the authority for setting conditions for parole
|
| and mandatory supervised release under Section 5-8-1(a) of this Code, and determining whether a violation of those conditions warrant revocation of parole or mandatory supervised release or the imposition of other sanctions;
|
|
(6) the authority for determining whether a violation
|
| of aftercare release conditions warrant revocation of aftercare release; and
|
|
(7) the authority to release medically infirm or
|
| disabled prisoners under Section 3-3-14.
|
|
(b) The Board shall consist of 15 persons appointed by the Governor by and with the advice and consent of the Senate. One member of the Board shall be designated by the Governor to be Chairman and shall serve as Chairman at the pleasure of the Governor. The members of the Board shall have had at least 5 years of actual experience in the fields of penology, corrections work, advocacy for victims of crime and their families, advocacy for survivors of domestic violence, sexual violence, or intimate partner violence, law enforcement, sociology, law, education, social work, medicine, psychology, other behavioral sciences, or a combination thereof. At least 3 members so appointed must have at least 3 years experience in juvenile matters. A total of 7 members must have at least 5 years' experience as a law enforcement officer, parole officer, prosecutor, criminal defense attorney, or judge. No more than 8 Board members may be members of the same political party.
Each member of the Board shall serve on a full-time basis and shall not hold any other salaried public office, whether elective or appointive, nor any other office or position of profit, nor engage in any other business, employment, or vocation. The Chairman of the Board shall receive the same salary as the Chairperson of the Illinois Human Rights Commission, and each other member shall receive the same salary as members of the Illinois Human Rights Commission. The changes made to the salary of the Chairman of the Board and to the salaries of other members of the Board by this amendatory Act of the 104th General Assembly apply only to persons who are appointed or reappointed to those positions on or after the effective date of this amendatory Act of the 104th General Assembly.
(c) Notwithstanding any other provision of this Section, the term of each member of the Board who was appointed by the Governor and is in office on June 30, 2003 shall terminate at the close of business on that date or when all of the successor members to be appointed pursuant to this amendatory Act of the 93rd General Assembly have been appointed by the Governor, whichever occurs later. As soon as possible, the Governor shall appoint persons to fill the vacancies created by this amendatory Act.
Of the initial members appointed under this amendatory Act of the 93rd General Assembly, the Governor shall appoint 5 members whose terms shall expire on the third Monday in January 2005, 5 members whose terms shall expire on the third Monday in January 2007, and 5 members whose terms shall expire on the third Monday in January 2009. Their respective successors shall be appointed for terms of 6 years from the third Monday in January of the year of appointment. Each member shall serve until his or her successor is appointed and qualified.
Notwithstanding any other provision of this Section, any member appointed after January 1, 2026 shall be appointed for an 8-year term that begins upon the date of appointment or reappointment. Each member shall serve until the member's successor is appointed and qualified.
Any member may be removed by the Governor for incompetence, neglect of duty, malfeasance or inability to serve.
(d) The Chairman of the Board shall be its chief executive and administrative officer. The Board may have an Executive Director; if so, the Executive Director shall be appointed by the Governor with the advice and consent of the Senate. The salary and duties of the Executive Director shall be fixed by the Board.
(e) Each member and commissioner of the Prisoner Review Board shall be required to complete a training course developed and administered in consultation with the Department of Corrections. The training shall be provided to new members and commissioners of the Prisoner Review Board within 30 days of the start of their service and before they take part in any hearings. The training shall cover topics, including, but not limited to:
(1) the prison and incarceration system, including a
|
| tour of a correctional institution or facility and a meeting with the facility administration;
|
|
(2) the nature and benefits of rehabilitative
|
|
(3) rehabilitative programming provided by the
|
| Department of Corrections available to incarcerated individuals; and
|
|
(4) the impact of rehabilitative corrections and
|
| programming on rates of recidivism.
|
|
In addition to the training course, each member and commissioner of the Board shall also be required to participate in 20 hours of continuing education or training per year. Training shall cover, but shall not be limited to, the following topics: domestic violence, restorative justice, racial bias, risk assessment bias, law enforcement bias, prevalence of wrongful convictions, prosecutorial misconduct, police misconduct, mental health, cognitive behavioral therapy, trauma, the age-crime curve, recidivism, and the benefits of rehabilitative, educational, vocational, and health, programming in correctional facilities. Documentation of completion shall be submitted to and recorded by the Department of Corrections and made available to the public upon request.
The 20 hours of continuing education or training per year required in this subsection shall include a training course developed and administered by the entity administering the Illinois Domestic Violence Hotline. The training shall be provided to new members and commissioners of the Prisoner Review Board within 30 days of the start of their service and before they take part in any hearings.
This training shall be tailored specifically to the members of the Board and shall cover topics, including, but not limited to:
(1) the nature, extent, causes, and lethality of
|
| domestic violence and gender-based violence;
|
|
(2) implicit and explicit biases toward parties
|
| involved in domestic violence and gender-based violence;
|
|
(3) criminalization of survivors of domestic violence
|
| and gender-based violence;
|
|
(4) behavioral patterns and relationship dynamics
|
| within the cycle of violence;
|
|
(5) safety planning and procedures designed to
|
| promote the safety of victims of domestic violence and gender-based violence and their household members;
|
|
(6) resources available to victims of domestic
|
| violence and gender-based violence and their household members; and
|
|
(7) the Illinois Domestic Violence Act of 1986, the
|
| Stalking No Contact Order Act, the Civil No Contact Order Act, and the legal process regarding protective orders.
|
|
(f) The Board may appoint commissioners to assist it in such manner as it directs and may discharge them at will. Commissioners shall not be subject to the Personnel Code. Any commissioner appointed shall be an attorney licensed to practice law in the State of Illinois. The Board in its discretion may assign any hearing to a commissioner, except that, in hearings requiring a quorum of the Board, only members shall participate, and in hearings requiring at least 3 members, at least 2 members shall participate. No commissioner may act as the lead member or point of contact for any institutional hearing.
(Source: P.A. 104-11, eff. 6-20-25.)
|
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2) Sec. 3-3-2. Powers and duties. (a) The Parole and Pardon Board is abolished and the term "Parole and Pardon Board" as used in any law of Illinois, shall read "Prisoner Review Board." After February 1, 1978 (the effective date of Public Act 81-1099), the Prisoner Review Board shall provide by rule for the orderly transition of all files, records, and documents of the Parole and Pardon Board and for such other steps as may be necessary to effect an orderly transition and shall: (1) hear by at least one member and through a panel |
| of at least 3 members decide, cases of prisoners who were sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099), and who are eligible for parole;
|
|
(2) hear by at least one member and through a panel
|
| of at least 3 members decide, the conditions of parole and the time of discharge from parole, impose sanctions for violations of parole, and revoke parole for those sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099); provided that the decision to parole and the conditions of parole for all prisoners who were sentenced for first degree murder or who received a minimum sentence of 20 years or more under the law in effect prior to February 1, 1978 shall be determined by a majority vote of the Prisoner Review Board. One representative supporting parole and one representative opposing parole will be allowed to speak. Their comments shall be limited to making corrections and filling in omissions to the Board's presentation and discussion;
|
|
(3) hear by at least one member and through a panel
|
| of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under the law in effect after February 1, 1978 (the effective date of Public Act 81-1099);
|
|
(3.5) hear by at least one member and through a panel
|
| of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, to impose sanctions for violations of mandatory supervised release and revoke mandatory supervised release for those serving extended supervised release terms pursuant to paragraph (4) of subsection (d) of Section 5-8-1;
|
|
(3.6) hear by at least one member and through a panel
|
| of at least 3 members decide whether to revoke aftercare release for those committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987;
|
|
(4) hear by at least one member and through a panel
|
| of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for alleged violation of Department rules with respect to sentence credits under Section 3-6-3 of this Code in which the Department seeks to revoke sentence credits, if the amount of time at issue exceeds 30 days or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In such cases, the Department of Corrections may revoke up to 30 days of sentence credit. The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of sentence credit for any prisoner or to increase any penalty beyond the length requested by the Department;
|
|
(5) hear by at least one member and through a panel
|
| of at least 3 members decide, the release dates for certain prisoners sentenced under the law in existence prior to February 1, 1978 (the effective date of Public Act 81-1099), in accordance with Section 3-3-2.1 of this Code;
|
|
(6) hear by at least one member and through a panel
|
| of at least 3 members decide, all requests for pardon, reprieve or commutation, and make confidential recommendations to the Governor;
|
|
(6.5) hear by at least one member who is qualified in
|
| the field of juvenile matters and through a panel of at least 3 members, 2 of whom are qualified in the field of juvenile matters, decide parole review cases in accordance with Section 5-4.5-115 of this Code and make release determinations of persons under the age of 21 at the time of the commission of an offense or offenses, other than those persons serving sentences for first degree murder or aggravated criminal sexual assault;
|
|
(6.6) hear by at least a quorum of the Prisoner
|
| Review Board and decide by a majority of members present at the hearing, in accordance with Section 5-4.5-115 of this Code, release determinations of persons under the age of 21 at the time of the commission of an offense or offenses of those persons serving sentences for first degree murder or aggravated criminal sexual assault;
|
|
(7) comply with the requirements of the Open Parole
|
|
(8) hear by at least one member and, through a panel
|
| of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for court dismissal of a frivolous lawsuit pursuant to Section 3-6-3(d) of this Code in which the Department seeks to revoke up to 180 days of sentence credit, and if the prisoner has not accumulated 180 days of sentence credit at the time of the dismissal, then all sentence credit accumulated by the prisoner shall be revoked;
|
|
(9) hear by at least 3 members, and, through a panel
|
| of at least 3 members, decide whether to grant certificates of relief from disabilities or certificates of good conduct as provided in Article 5.5 of Chapter V;
|
|
(10) upon a petition by a person who has been
|
| convicted of a Class 3 or Class 4 felony and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for sealing recommending that the court order the sealing of all official records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the arrest and conviction for the Class 3 or 4 felony. A person may not apply to the Board for a certificate of eligibility for sealing:
|
|
(A) until 5 years have elapsed since the
|
| expiration of his or her sentence;
|
|
(B) until 5 years have elapsed since any arrests
|
| or detentions by a law enforcement officer for an alleged violation of law, other than a petty offense, traffic offense, conservation offense, or local ordinance offense;
|
|
(C) if convicted of a violation of the Cannabis
|
| Control Act, Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or the Methamphetamine Precursor Tracking Act unless the petitioner has completed a drug abuse program for the offense on which sealing is sought and provides proof that he or she has completed the program successfully;
|
|
(D) if convicted of:
(i) a sex offense described in Article 11 or
|
| Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;
|
|
(ii) aggravated assault;
(iii) aggravated battery;
(iv) domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of
|
| 1961 or the Criminal Code of 2012 involving a firearm;
|
|
(viii) driving while under the influence of
|
| alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;
|
|
(ix) aggravated driving while under the
|
| influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof; or
|
|
(x) any crime defined as a crime of violence
|
| under Section 2 of the Crime Victims Compensation Act.
|
|
If a person has applied to the Board for a
|
| certificate of eligibility for sealing and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for pardon from the Governor unless the Chairman of the Prisoner Review Board grants a waiver.
|
|
The decision to issue or refrain from issuing a
|
| certificate of eligibility for sealing shall be at the Board's sole discretion, and shall not give rise to any cause of action against either the Board or its members.
|
|
The Board may only authorize the sealing of Class 3
|
| and 4 felony convictions of the petitioner from one information or indictment under this paragraph (10). A petitioner may only receive one certificate of eligibility for sealing under this provision for life; and
|
|
(11) upon a petition by a person who after having
|
| been convicted of a Class 3 or Class 4 felony thereafter served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or who at the time of filing the petition is enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for expungement recommending that the court order the expungement of all official records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the arrest and conviction for the Class 3 or 4 felony. A person may not apply to the Board for a certificate of eligibility for expungement:
|
|
(A) if convicted of:
(i) a sex offense described in Article 11 or
|
| Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or Criminal Code of 2012;
|
|
(ii) an offense under the Criminal Code of
|
| 1961 or Criminal Code of 2012 involving a firearm; or
|
|
(iii) a crime of violence as defined in
|
| Section 2 of the Crime Victims Compensation Act; or
|
|
(B) if the person has not served in the United
|
| States Armed Forces or National Guard of this or any other state or has not received an honorable discharge from the United States Armed Forces or National Guard of this or any other state or who at the time of the filing of the petition is serving in the United States Armed Forces or National Guard of this or any other state and has not completed one tour of duty.
|
|
If a person has applied to the Board for a
|
| certificate of eligibility for expungement and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for a pardon with authorization for expungement from the Governor unless the Governor or Chairman of the Prisoner Review Board grants a waiver.
|
|
(a-5) The Prisoner Review Board, with the cooperation of and in coordination with the Department of Corrections and the Department of Central Management Services, shall provide for the conduct of hearings under paragraphs (1) and (4) of subsection (a) of this Section through interactive video conferences. The Prisoner Review Board, with the cooperation of and in coordination with the Department of Corrections and the Department of Central Management Services, shall report annually to the Governor and the General Assembly regarding the use, costs, effectiveness, and future viability of interactive video conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in promoting an effective system of parole and mandatory supervised release.
(d) The Board shall promulgate rules for the conduct of its work, and the Chairman shall file a copy of such rules and any amendments thereto with the Director and with the Secretary of State.
(e) The Board shall keep records of all of its official actions and shall make them accessible in accordance with law and the rules of the Board.
(f) The Board or one who has allegedly violated the conditions of his or her parole, aftercare release, or mandatory supervised release may require by subpoena the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation or hearing. The Chairman of the Board may sign subpoenas which shall be served by any agent or public official authorized by the Chairman of the Board, or by any person lawfully authorized to serve a subpoena under the laws of the State of Illinois. The attendance of witnesses, and the production of documentary evidence, may be required from any place in the State to a hearing location in the State before the Chairman of the Board or his or her designated agent or agents or any duly constituted Committee or Subcommittee of the Board. Witnesses so summoned shall be paid the same fees and mileage that are paid witnesses in the circuit courts of the State, and witnesses whose depositions are taken and the persons taking those depositions are each entitled to the same fees as are paid for like services in actions in the circuit courts of the State. Fees and mileage shall be vouchered for payment when the witness is discharged from further attendance.
In case of disobedience to a subpoena, the Board may petition any circuit court of the State for an order requiring the attendance and testimony of witnesses or the production of documentary evidence or both. A copy of such petition shall be served by personal service or by registered or certified mail upon the person who has failed to obey the subpoena, and such person shall be advised in writing that a hearing upon the petition will be requested in a court room to be designated in such notice before the judge hearing motions or extraordinary remedies at a specified time, on a specified date, not less than 10 nor more than 15 days after the deposit of the copy of the written notice and petition in the U.S. mail addressed to the person at his or her last known address or after the personal service of the copy of the notice and petition upon such person. The court upon the filing of such a petition, may order the person refusing to obey the subpoena to appear at an investigation or hearing, or to there produce documentary evidence, if so ordered, or to give evidence relative to the subject matter of that investigation or hearing. Any failure to obey such order of the circuit court may be punished by that court as a contempt of court.
Each member of the Board and any hearing officer designated by the Board shall have the power to administer oaths and to take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a majority of the members then appointed to the Prisoner Review Board shall constitute a quorum for the transaction of all business of the Board.
(h) The Prisoner Review Board shall annually transmit to the Director a detailed report of its work for the preceding calendar year, including votes cast by each member. The annual report shall also be transmitted to the Governor for submission to the Legislature.
(Source: P.A. 104-11, eff. 6-20-25.)
|
(730 ILCS 5/3-3-2.1) (from Ch. 38, par. 1003-3-2.1)
Sec. 3-3-2.1. Prisoner Review Board - Release Date. (a) Except as
provided in subsection (b), the Prisoner Review Board shall, no later
than 7 days following a prisoner's next parole hearing after the
effective date of this Amendatory Act of 1977, provide each prisoner
sentenced under the law in effect prior to the effective date of this
amendatory Act of 1977, with a fixed release date.
(b) No release date under this Section shall be set for any person
sentenced to an indeterminate sentence under the law in effect prior to
the effective date of this amendatory Act of 1977 in which the minimum
term of such sentence is 20 years or more.
(c) The Prisoner Review Board shall notify each eligible offender of
his or her release date in a form substantially as follows:
Date of Notice
"To (Name of offender):
Under a recent change in the law you are provided with this choice:
(1) You may remain under your present indeterminate sentence and
continue to be eligible for parole; or (2) you may waive your right to
parole and accept the release date which has been set for you. From
this release date will be deducted any good conduct credit you may earn.
If you accept the release date established by the Board, you will no
longer be eligible for parole.
Your release date from prison has been set for: (release date) ........ ,
subject to a term of mandatory supervised release as provided by law.
If you accumulate the maximum amount of good conduct credit as
allowed by law recently enacted, you can be released on:
........ , subject to a term of mandatory supervised release as provided by law.
Should you choose not to accept the release date, your next parole
hearing will be: ........ .
The Board has based its determination of your release date on the
following:
(1) The material that normally would be examined in |
| connection with your parole hearing, as set forth in paragraph (d) of Section 3-3-4 of the Unified Code of Corrections:
|
|
(2) the intent of the court in imposing sentence on
|
|
(3) the present schedule of sentences for similar
|
| offenses provided by Articles 4.5 and 5 of Chapter V of the Unified Code of Corrections, as amended;
|
|
(4) the factors in mitigation and aggravation
|
| provided by Sections 5-5-3.1 and 5-5-3.2 of the Unified Code of Corrections, as amended;
|
|
(5) The rate of accumulating good conduct credits
|
| provided by Section 3-6-3 of the Unified Code of Corrections, as amended;
|
|
(6) your behavior since commitment.
You now have 60 days in which to decide whether to remain under your
indeterminate sentence and continue to be eligible for parole or waive
your right to parole and accept the release date established for you by
the Board. If you do nothing within 60 days, you will remain under the
parole system.
If you accept the release date, you may accumulate good conduct
credit at the maximum rate provided under the law recently enacted.
If you feel that the release date set for you is unfair or is not
based on complete information required to be considered by the Board,
you may request that the Board reconsider the date. In your request you
must set forth specific reasons why you feel the Board's release date is
unfair and you may submit relevant material in support of your request.
The Department of Corrections is obligated to assist you in that
effort, if you ask it to do so.
The Board will notify you within 60 days whether or not it will
reconsider its decision. The Board's decision with respect to
reconsidering your release date is final and cannot be appealed to any
court.
If the Board decides not to reconsider your case you will have 60
days in which to decide whether to accept the release date and waive
your right to parole or to continue under the parole system. If you do
nothing within 60 days after you receive notification of the Board's
decision you will remain under the parole system.
If the Board decides to reconsider its decision with respect to your
release date, the Board will schedule a date for reconsideration as soon
as practicable, but no later than 60 days from the date it receives your
request, and give you at least 30 days notice. You may submit material
to the Board which you believe will be helpful in deciding a proper date
for your release. The Department of Corrections is obligated to assist
you in that effort, if you ask it to do so.
Neither you nor your lawyer has the right to be present on the date
of reconsideration, nor the right to call witnesses. However, the
Board may ask you or your lawyer to appear or may ask to hear witnesses.
The Board will base its determination on the same data on which it made
its earlier determination, plus any new information which may be
available to it.
When the Board has made its decision you will be informed of the
release date. In no event will it be longer than the release date
originally determined. From this date you may continue to accumulate
good conduct credits at the maximum rate. You will not be able to
appeal the Board's decision to a court.
Following the Board's reconsideration and upon being notified of your
release date you will have 60 days in which to decide whether to accept
the release date and waive your right to parole or to continue under the
parole system. If you do nothing within 60 days after notification of
the Board's decision you will remain under the parole system."
(d) The Board shall provide each eligible offender with a form
substantially as follows:
"I (name of offender) am fully aware of my right to choose between
parole eligibility and a fixed release date. I know that if I accept
the release date established, I will give up my right to seek parole. I
have read and understood the Prisoner Review Board's letter, and I know
how and under what circumstances the Board has set my release date. I
know that I will be released on that date and will be released earlier
if I accumulate good conduct credit. I know that the date set by the
Board is final, and can't be appealed to a court.
Fully aware of all the implications, I expressly and knowingly waive
my right to seek parole and accept the release date as established by
the Prisoner Review Board."
(e) The Board shall use the following information and standards in
establishing a release date for each eligible offender who requests that
a date be set:
(1) Such information as would be considered in a
|
| parole hearing under Section 3-3-4 of this Code;
|
|
(2) The intent of the court in imposing the
|
|
(3) The present schedule for similar offenses
|
| provided by Articles 4.5 and 5 of Chapter V of this Code;
|
|
(4) Factors in aggravation and mitigation of sentence
|
| as provided in Sections 5-5-3.1 and 5-5-3.2 of this Code;
|
|
(5) The rate of accumulating good conduct credits
|
| provided by Section 3-6-3 of this Code;
|
|
(6) The offender's behavior since commitment to the
|
|
(f) After the release date is set by the Board, the offender can
accumulate good conduct credits in accordance with Section 3-6-3 of this
Code.
(g) The release date established by the Board shall not be sooner
than the earliest date that the offender would have been eligible for
release under the sentence imposed on him by the court, less time credit
previously earned for good behavior, nor shall it be later than the
latest date at which the offender would have been eligible for release
under such sentence, less time credit previously earned for good behavior.
(h) (1) Except as provided in subsection (b), each prisoner
appearing at his next parole hearing subsequent to the effective date of
the amendatory Act of 1977, shall be notified within 7 days of the
hearing that he will either be released on parole or that a release date
has been set by the Board. The notice and waiver form provided for in
subsections (c) and (d) shall be presented to eligible prisoners no
later than 7 days following their parole hearing. A written statement
of the basis for the decision with regard to the release date set shall
be given to such prisoners no later than 14 days following the parole
hearing.
(2) Each prisoner upon notification of his release date shall have
60 days to choose whether to remain under the parole system or to accept
the release date established by the Board. No release date shall be
effective unless the prisoner waives his right to parole in writing. If
no choice is made by such prisoner within 60 days from the date of his
notification of a release date, such prisoner shall remain under the
parole system.
(3) Within the 60 day period as provided in paragraph (2) of this
subsection, a prisoner may request that the Board reconsider its
decision with regard to such prisoner's release date. No later than 60
days following receipt of such request for reconsideration, the Board
shall notify the prisoner as to whether or not it will reconsider such
prisoner's release date. No court shall have jurisdiction to review the
Board's decision. No prisoner shall be entitled to more than one request
for reconsideration of his release date.
(A) If the Board decides not to reconsider the
|
| release date, the prisoner shall have 60 days to choose whether to remain under the parole system or to accept the release date established by the Board. No release date shall be effective unless the prisoner waives his right to parole in writing. If no choice is made by such prisoner within 60 days from the date of the notification by the Board refusing to reconsider his release date, such prisoner shall remain under the parole system.
|
|
(B) If the Board decides to reconsider its decision
|
| with respect to such release date, the Board shall schedule a date for reconsideration as soon as practicable, but no later than 60 days from the date of the prisoner's request, and give such prisoner at least 30 days notice. Such prisoner may submit any relevant material to the Board which would aid in ascertaining a proper release date. The Department of Corrections shall assist any such prisoner if asked to do so.
|
|
Neither the prisoner nor his lawyer has the right to
|
| be present on the date of reconsideration, nor the right to call witnesses. However, the Board may ask such prisoner or his or her lawyer to appear or may ask to hear witnesses. The Board shall base its determination on the factors specified in subsection (e), plus any new information which may be available to it.
|
|
(C) When the Board has made its decision, the
|
| prisoner shall be informed of the release date as provided for in subsection (c) no later than 7 days following the reconsideration. In no event shall such release date be longer than the release date originally determined. The decision of the Board is final. No court shall have jurisdiction to review the Board's decision.
|
|
Following the Board's reconsideration and its notification to the
prisoner of his or her release date, such prisoner shall have 60 days
from the date of such notice in which to decide whether to accept the
release date and waive his or her right to parole or to continue under
the parole system. If such prisoner does nothing within 60 days after
notification of the Board's decision, he or she shall remain under the
parole system.
(Source: P.A. 95-1052, eff. 7-1-09; 96-1000, eff. 7-2-10.)
|
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5) Sec. 3-3-5. Hearing and determination. (a) The Prisoner Review Board shall meet as often as need requires to consider the cases of persons eligible for parole. Except as otherwise provided in paragraph (2) of subsection (a) of Section 3-3-2 of this Act, the Prisoner Review Board may meet and order its actions in panels of 3 or more members. The action of a majority of the panel shall be the action of the Board. (b) If the person under consideration for parole is in the custody of the Department, at least one member of the Board shall interview him or her, and a report of that interview shall be available for the Board's consideration. However, in the discretion of the Board, the interview need not be conducted if a psychiatric examination determines that the person could not meaningfully contribute to the Board's consideration. The Board may in its discretion parole a person who is then outside the jurisdiction on his or her record without an interview. The Board need not hold a hearing or interview a person who is paroled under paragraphs (d) or (e) of this Section or released on Mandatory release under Section 3-3-10. (c) (Blank). (c-1) In deciding whether to grant or deny parole, the Board shall consider the following factors: (1) participation in rehabilitative programming |
| available to the petitioner, including, but not limited to, educational courses, vocational courses, life skills courses, individual or group counseling courses, civics education courses, peer education courses, independent studies courses, substance abuse counseling courses, and behavior modification courses;
|
|
(2) participation in professional licensing courses
|
| or on-the-job training courses;
|
|
(3) letters from correctional staff, educational
|
| faculty, community members, friends, and other incarcerated persons;
|
|
(4) the petitioner's potential for rehabilitation or
|
| the evidence of rehabilitation in the petitioner;
|
|
(5) the applicant's age at the time of the offense;
(6) the circumstances of the offense and the
|
| petitioner's role and degree of participation in the offense;
|
|
(7) the presence of a cognitive or developmental
|
| disability in the petitioner at the time of the offense;
|
|
(8) the petitioner's family, home environment, and
|
| educational and social background at the time of the offense;
|
|
(9) evidence that the petitioner has suffered from
|
| gender-based violence as defined by Section 5 of the Gender Violence Act, postpartum psychosis or postpartum depression as defined by Section 2-1401 of the Code of Civil Procedure, post-traumatic stress disorder, adverse childhood experiences, or other traumas that could have been a contributing factor to a person's criminal behavior and participation in the offense;
|
|
(10) the presence or expression by the petitioner of
|
| remorse, compassion, or insight of harm and collateral effects experienced by the victims;
|
|
(11) the commission of a serious disciplinary
|
| infraction within the previous 5 years;
|
|
(12) a pattern of fewer serious institutional
|
| disciplinary infractions within the previous 2 years;
|
|
(13) evidence that the petitioner has any serious
|
|
(14) evidence that the Department is unable to meet
|
| the petitioner's medical needs; and
|
|
(15) the petitioner's reentry plan, including, but
|
| not limited to, residence plans, employment plans, continued education plans, rehabilitation plans, and counseling plans.
|
|
No one factor listed in this subsection (c-1) shall be dispositive.
(d) (Blank).
(d-1) The Board shall, upon due notice, give a hearing to all petitioners for medical release and all candidates for parole, allowing representation by counsel, if desired, or the assistance of advocates and supporters, if desired.
(d-2) All petitioners for medical release and all candidates for parole appearing before the Prisoner Review Board shall be afforded the opportunity to appear in person or via interactive video teleconference.
(d-3) Clemency petitioners who are currently incarcerated and their legal counsel, if retained, shall be afforded the opportunity to a pre-hearing conference in person or via interactive video teleconference with at least one Board member.
(e) A person who has served the maximum term of imprisonment imposed at the time of sentencing less time credit for good behavior shall be released on parole to serve a period of parole under Section 5-8-1.
(f) The Board shall render its decision within a reasonable time after hearing and shall state the basis therefor both in the records of the Board and in written notice to the person on whose application it has acted. In its decision, the Board shall set the person's time for parole, or if it denies parole it shall provide for a rehearing not less frequently than once every year, except that the Board may, after denying parole, schedule a rehearing no later than 5 years from the date of the parole denial, if the Board finds that it is not reasonable to expect that parole would be granted at a hearing prior to the scheduled rehearing date. If the Board shall parole a person, and, if he or she is not released within 90 days from the effective date of the order granting parole, the matter shall be returned to the Board for review. If the Board denies parole, the written notice must include an explanation of each factor the Board relied on in making its decision to deny parole and what factors and goals the applicant should focus on and try to meet to be granted parole at a subsequent hearing.
(f-1) If the Board paroles a person who is eligible for commitment as a sexually violent person, the effective date of the Board's order shall be stayed for 90 days for the purpose of evaluation and proceedings under the Sexually Violent Persons Commitment Act.
(g) The Board shall maintain a registry of decisions in which parole has been granted, which shall include the name and case number of the prisoner, the highest charge for which the prisoner was sentenced, the length of sentence imposed, the date of the sentence, the date of the parole, and the basis for the decision of the Board to grant parole and the vote of the Board on any such decisions. The registry shall be made available for public inspection and copying during business hours and shall be a public record pursuant to the provisions of the Freedom of Information Act.
(h) The Board shall promulgate rules regarding the exercise of its discretion under this Section.
(Source: P.A. 104-11, eff. 6-20-25.)
|
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) Sec. 3-3-7. Conditions of parole or mandatory supervised release. (a) The conditions of parole or mandatory supervised release shall be such as the Prisoner Review Board deems necessary to assist the subject in leading a law-abiding life. The conditions of every parole and mandatory supervised release are that the subject: (1) not violate any criminal statute of any |
| jurisdiction during the parole or release term;
|
|
(2) refrain from possessing a firearm or other
|
|
(3) report to an agent of the Department of
|
|
(4) permit the agent to visit him or her at his or
|
| her home, employment, or elsewhere to the extent necessary for the agent to discharge his or her duties;
|
|
(5) attend or reside in a facility established for
|
| the instruction or residence of persons on parole or mandatory supervised release;
|
|
(6) secure permission before visiting or writing a
|
| committed person in an Illinois Department of Corrections facility;
|
|
(7) report all arrests to an agent of the Department
|
| of Corrections as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department of Corrections;
|
|
(7.5) if convicted of a sex offense as defined in the
|
| Sex Offender Management Board Act, the individual shall undergo and successfully complete sex offender treatment conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment provider approved by the Board;
|
|
(7.6) if convicted of a sex offense as defined in the
|
| Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
|
|
(7.7) if convicted for an offense that would qualify
|
| the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007 (the effective date of Public Act 94-988), wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 (the effective date of Public Act 96-236) when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term;
|
|
(7.8) if convicted for an offense committed on or
|
| after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.8), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the accused if the person is not: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
|
|
(7.9) if convicted under Section 11-6, 11-20.1,
|
| 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
|
|
(7.10) if convicted for an offense that would qualify
|
| the accused as a sex offender or sexual predator under the Sex Offender Registration Act on or after June 1, 2008 (the effective date of Public Act 95-640), not possess prescription drugs for erectile dysfunction;
|
|
(7.11) if convicted for an offense under Section
|
| 11-6, 11-9.1, 11-14.4 that involves soliciting for a sexually exploited child, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses, committed on or after June 1, 2009 (the effective date of Public Act 95-983):
|
|
(i) not access or use a computer or any other
|
| device with Internet capability without the prior written approval of the Department;
|
|
(ii) submit to periodic unannounced examinations
|
| of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
|
|
(iii) submit to the installation on the
|
| offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
|
|
(iv) submit to any other appropriate restrictions
|
| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent;
|
|
(7.12) if convicted of a sex offense as defined in
|
| the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-262), refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;
|
|
(7.13) if convicted of a sex offense as defined in
|
| Section 2 of the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses;
|
|
(8) obtain permission of an agent of the Department
|
| of Corrections before leaving the State of Illinois;
|
|
(9) obtain permission of an agent of the Department
|
| of Corrections before changing his or her residence or employment;
|
|
(10) consent to a search of his or her person,
|
| property, or residence under his or her control;
|
|
(11) refrain from the use or possession of narcotics
|
| or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the Department of Corrections if there is reasonable suspicion of illicit drug use and the source of the reasonable suspicion is documented in the Department's case management system;
|
|
(12) not knowingly frequent places where controlled
|
| substances are illegally sold, used, distributed, or administered;
|
|
(13) except when the association described in either
|
| subparagraph (A) or (B) of this paragraph (13) involves activities related to community programs, worship services, volunteering, engaging families, or some other pro-social activity in which there is no evidence of criminal intent:
|
|
(A) not knowingly associate with other persons on
|
| parole or mandatory supervised release without prior written permission of his or her parole agent; or
|
|
(B) not knowingly associate with persons who are
|
| members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
|
|
(14) provide true and accurate information, as it
|
| relates to his or her adjustment in the community while on parole or mandatory supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections;
|
|
(15) follow any specific instructions provided by the
|
| parole agent that are consistent with furthering conditions set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention, to achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public. These instructions by the parole agent may be modified at any time, as the agent deems appropriate;
|
|
(16) if convicted of a sex offense as defined in
|
| subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
|
|
(17) if convicted of a violation of an order of
|
| protection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code;
|
|
(18) comply with the terms and conditions of an order
|
| of protection issued pursuant to the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued pursuant to the Civil No Contact Order Act; or a no contact order issued pursuant to the Stalking No Contact Order Act;
|
|
(19) if convicted of a violation of the
|
| Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense, be:
|
|
(A) prohibited from purchasing, possessing, or
|
| having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
|
|
(B) prohibited from purchasing, possessing, or
|
| having under his or her control any product containing ammonium nitrate;
|
|
(20) if convicted of a hate crime under Section
|
| 12-7.1 of the Criminal Code of 2012, perform public or community service of no less than 200 hours and enroll in an educational program discouraging hate crimes involving the protected class identified in subsection (a) of Section 12-7.1 of the Criminal Code of 2012 that gave rise to the offense the offender committed ordered by the court; and
|
|
(21) be evaluated by the Department of Corrections
|
| prior to release using a validated risk assessment and be subject to a corresponding level of supervision. In accordance with the findings of that evaluation:
|
|
(A) All subjects found to be at a moderate or
|
| high risk to recidivate, or on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, shall be subject to high level supervision. The Department shall define high level supervision based upon evidence-based and research-based practices. Notwithstanding this placement on high level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
|
|
(B) All subjects found to be at a low risk to
|
| recidivate shall be subject to low-level supervision, except for those subjects on parole or mandatory supervised release for first degree murder, a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, any felony that requires registration as a sex offender under the Sex Offender Registration Act, or a Class X felony or Class 1 felony that is not a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act. Low level supervision shall require the subject to check in with the supervising officer via phone or other electronic means. Notwithstanding this placement on low level supervision, placement of the subject on electronic monitoring or detention shall not occur unless it is required by law or expressly ordered or approved by the Prisoner Review Board.
|
|
(b) The Board may after making an individualized assessment pursuant to subsection (a) of Section 3-14-2 in addition to other conditions require that the subject:
(1) work or pursue a course of study or vocational
|
|
(2) undergo medical or psychiatric treatment, or
|
| treatment for drug addiction or alcoholism;
|
|
(3) attend or reside in a facility established for
|
| the instruction or residence of persons on probation or parole;
|
|
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or
|
| after the effective date of this amendatory Act of the 95th General Assembly that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age; for purposes of this paragraph (7.5), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the accused if the person is: (i) the spouse, brother, or sister of the accused; (ii) a descendant of the accused; (iii) a first or second cousin of the accused; or (iv) a step-child or adopted child of the accused;
|
|
(7.6) if convicted for an offense committed on or
|
| after June 1, 2009 (the effective date of Public Act 95-983) that would qualify as a sex offense as defined in the Sex Offender Registration Act:
|
|
(i) not access or use a computer or any other
|
| device with Internet capability without the prior written approval of the Department;
|
|
(ii) submit to periodic unannounced examinations
|
| of the offender's computer or any other device with Internet capability by the offender's supervising agent, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;
|
|
(iii) submit to the installation on the
|
| offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and
|
|
(iv) submit to any other appropriate restrictions
|
| concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Board, the Department or the offender's supervising agent; and
|
|
(8) (blank).
(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release following an individualized assessment pursuant to subsection (a) of Section 3-14-2:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
|
|
(3) notify third parties of the risks that may be
|
| occasioned by his or her criminal record;
|
|
(4) obtain the approval of an agent of the Department
|
| of Corrections prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
|
|
(5) not be employed or participate in any volunteer
|
| activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department of Corrections;
|
|
(6) be electronically monitored for a minimum of 12
|
| months from the date of release as determined by the Board;
|
|
(7) refrain from entering into a designated
|
| geographic area except upon terms approved in advance by an agent of the Department of Corrections. The terms may include consideration of the purpose of the entry, the time of day, and others accompanying the person;
|
|
(8) refrain from having any contact, including
|
| written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department of Corrections;
|
|
(9) refrain from all contact, directly or indirectly,
|
| personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department of Corrections;
|
|
(10) neither possess or have under his or her control
|
| any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
|
|
(11) not patronize any business providing sexually
|
| stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
|
|
(12) not reside near, visit, or be in or about parks,
|
| schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;
|
|
(13) not possess or have under his or her control
|
| certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department of Corrections;
|
|
(14) may be required to provide a written daily log
|
| of activities if directed by an agent of the Department of Corrections;
|
|
(15) comply with all other special conditions that
|
| the Department may impose that restrict the person from high-risk situations and limit access to potential victims;
|
|
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole
|
| officer before driving alone in a motor vehicle.
|
|
(c) The conditions under which the parole or mandatory supervised release is to be served shall be communicated to the person in writing prior to his or her release, and he or she shall sign the same before release. A signed copy of these conditions, including a copy of an order of protection where one had been issued by the criminal court, shall be retained by the person and another copy forwarded to the officer in charge of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner Review Board may modify or enlarge the conditions of parole or mandatory supervised release.
(e) The Department shall inform all offenders committed to the Department of the optional services available to them upon release and shall assist inmates in availing themselves of such optional services upon their release on a voluntary basis.
(f) (Blank).
(Source: P.A. 103-271, eff. 1-1-24; 103-1071, eff. 7-1-25.)
|
(730 ILCS 5/3-3-11.05)
Sec. 3-3-11.05. State Council for Interstate Compacts for the State of Illinois.
(a) Membership and appointing authority.
(1) A State Compact Administrator for the Interstate |
| Compact for Adult Offender Supervision shall be appointed by the Governor. The Adult Offender Supervision Compact Administrator shall be a representative of the Illinois Department of Corrections and shall act as the day-to-day administrator for the Interstate Compact for Adult Offender Supervision. The State Compact Administrator shall serve as the State's Commissioner to the Interstate Commission for Adult Offenders, as provided in Article IV of the Compact. The Adult Offender Supervision Compact Administrator shall serve as Chairperson of the State Council for Interstate Compacts, except that the State Compact Administrator for the Interstate Compact for Juveniles may be designated by the State Council to serve as Chairperson for the State Council when juvenile issues come before the council.
|
|
(2) A Deputy Compact Administrator from probation
|
| shall be appointed by the Supreme Court.
|
|
(3) A representative shall be appointed by the
|
| Speaker of the House of Representatives.
|
|
(4) A representative shall be appointed by the
|
| Minority Leader of the House of Representatives.
|
|
(5) A representative shall be appointed by the
|
|
(6) A representative shall be appointed by the
|
| Minority Leader of the Senate.
|
|
(7) A judicial representative shall be appointed by
|
|
(8) A representative from a crime victims' advocacy
|
| group shall be appointed by the Governor.
|
|
(9) A parole representative shall be appointed by the
|
|
(10) A probation representative shall be appointed by
|
| the Director of the Administrative Office of the Illinois Courts.
|
|
(11) A representative shall be appointed by the
|
| Director of Juvenile Justice.
|
|
(12) The Deputy Compact Administrator (Juvenile)
|
| appointed by the Secretary of Human Services.
|
|
(13) The State Compact Administrator of the
|
| Interstate Compact for Juveniles.
|
|
(14) The persons appointed under clauses (1) through
|
| (13) of this subsection (a) shall be voting members of the State Council. With the approval of the State Council, persons representing other organizations that may have an interest in the Compact may also be appointed to serve as non-voting members of the State Council by those interested organizations. Those organizations may include, but are not limited to, the Illinois Sheriffs' Association, the Illinois Association of Chiefs of Police, the Illinois State's Attorneys Association, and the Office of Attorney General.
|
|
(b) Terms of appointment.
(1) The Compact Administrators and the Deputy
|
| Compact Administrators shall serve at the will of their respective appointing authorities.
|
|
(2) The crime victims' advocacy group representative
|
| and the judicial representative shall each serve an initial term of 2 years. Thereafter, they shall each serve for a term of 4 years.
|
|
(3) The representatives appointed by the Speaker of
|
| the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate shall each serve for a term of 4 years. If one of these representatives shall not be able to fulfill the completion of his or her term, then another representative shall be appointed by his or her respective appointing authority for the remainder of his or her term.
|
|
(4) The probation representative and the parole
|
| representative shall each serve a term of 2 years.
|
|
(5) The time frame limiting the initial term of
|
| appointments for voting representatives listed in clauses (2) through (4) of this subsection (b) shall not begin until more than 50% of the appointments have been made by the respective appointing authorities.
|
|
(c) Duties and responsibilities.
(1) The duties and responsibilities of the State
|
|
(A) To appoint the State Compact Administrator as
|
| Illinois' Commissioner on the Interstate Commission.
|
|
(B) To develop by-laws for the operation of the
|
|
(C) To establish policies and procedures for the
|
| Interstate Compact operations in Illinois.
|
|
(D) To monitor and remediate Compact compliance
|
|
(E) To promote system training and public
|
| awareness regarding the Compact's mission and mandates.
|
|
(F) To meet at least twice a year and otherwise
|
| as called by the Chairperson.
|
|
(G) To allow for the appointment of non-voting
|
| members as deemed appropriate.
|
|
(H) To issue rules in accordance with Article 5
|
| of the Illinois Administrative Procedure Act.
|
|
(I) To publish Interstate Commission rules.
(d) Funding. The State shall appropriate funds to the Department of
Corrections to
support the operations of the State Council and its membership dues to the
Interstate
Commission.
(e) Penalties. Procedures for assessment of penalties imposed pursuant to
Article
XII of the Compact shall be established by the State Council.
(f) Notification of ratification of Compact. The State Compact
Administrator
shall notify the Governor and Secretary of State when 35 States have enacted
the Compact.
(Source: P.A. 95-937, eff. 8-26-08.)
|
(730 ILCS 5/3-3-14) Sec. 3-3-14. Procedure for medical release. (a) Definitions. (1) As used in this Section, "medically |
| incapacitated" means that a petitioner has any diagnosable medical condition, including dementia and severe, permanent medical or cognitive disability, that prevents the petitioner from completing more than one activity of daily living without assistance or that incapacitates the petitioner to the extent that institutional confinement does not offer additional restrictions, and that the condition is unlikely to improve noticeably in the future.
|
|
(2) As used in this Section, "terminal illness" means
|
| a condition that satisfies all of the following criteria:
|
|
(i) the condition is irreversible and incurable;
|
|
(ii) in accordance with medical standards and a
|
| reasonable degree of medical certainty, based on an individual assessment of the petitioner, the condition is likely to cause death to the petitioner within 18 months.
|
|
(b) The Prisoner Review Board shall consider an application for compassionate release on behalf of any petitioner who meets any of the following:
(1) is suffering from a terminal illness; or
(2) has been diagnosed with a condition that will
|
| result in medical incapacity within the next 6 months; or
|
|
(3) has become medically incapacitated subsequent to
|
| sentencing due to illness or injury.
|
|
(c) Initial application.
(1) An initial application for medical release may be
|
| filed with the Prisoner Review Board by the petitioner, a prison official, a medical professional who has treated or diagnosed the petitioner, or the petitioner's spouse, parent, guardian, grandparent, aunt or uncle, sibling, child over the age of eighteen years, or attorney. If the initial application is made by someone other than the petitioner, the petitioner, or if the petitioner is medically unable to consent, the guardian or family member designated to represent the petitioner's interests must consent to the application at the time of the institutional hearing.
|
|
(2) Application materials shall be maintained on the
|
| Prisoner Review Board's website and the Department of Corrections' website and maintained in a clearly visible place within the law library and the infirmary of every penal institution and facility operated by the Department of Corrections.
|
|
(3) The initial application need not be notarized,
|
| can be sent via email or facsimile, and must contain the following information:
|
|
(i) the petitioner's name and Illinois Department
|
|
(ii) the petitioner's diagnosis;
(iii) a statement that the petitioner meets one
|
| of the following diagnostic criteria:
|
|
(A) the petitioner is suffering from a
|
|
(B) the petitioner has been diagnosed with a
|
| condition that will result in medical incapacity within the next 6 months; or
|
|
(C) the petitioner has become medically
|
| incapacitated subsequent to sentencing due to illness or injury.
|
|
(3.5) The Prisoner Review Board shall place no
|
| additional restrictions, limitations, or requirements on applications from petitioners.
|
|
(4) Upon receiving the petitioner's initial
|
| application, the Board shall order the Department of Corrections to have a physician or nurse practitioner evaluate the petitioner and create a written evaluation within ten days of the Board's order. The evaluation shall include but need not be limited to:
|
|
(i) a concise statement of the petitioner medical
|
| diagnosis, including prognosis, likelihood of recovery, and primary symptoms, to include incapacitation; and
|
|
(ii) a statement confirming or denying that the
|
| petitioner meets one of the criteria stated in subsection (b) of this Section.
|
|
(5) Upon a determination that the petitioner is
|
| eligible for a hearing, the Prisoner Review Board shall:
|
|
(i) provide public notice of the petitioner's
|
| name, docket number, counsel, and hearing date; and
|
|
(ii) provide a copy of the evaluation and any
|
| medical records provided by the Department of Corrections to the petitioner or the petitioner's attorney upon scheduling the institutional hearing.
|
|
(d) Institutional hearing. Hearings are public unless the petitioner requests a non-public hearing. The petitioner has a right to attend the hearing and to speak on the petitioner's own behalf. The petitioner may be represented by counsel and may present witnesses to the Board members. Hearings shall be governed by the Open Parole Hearings Act. Members of the public shall be permitted to freely attend public hearings without restriction.
(e) Voting procedure. Petitions shall be considered by three-member panels, and decisions shall be made by simple majority. Voting shall take place during the public hearing.
(f) Consideration. In considering a petition for release under the statute, the Prisoner Review Board may consider the following factors:
(i) the petitioner's diagnosis and likelihood of
|
|
(ii) the approximate cost of health care to the
|
| State should the petitioner remain in custody;
|
|
(iii) the impact that the petitioner's continued
|
| incarceration may have on the provision of medical care within the Department;
|
|
(iv) the present likelihood of and ability to
|
| pose a substantial danger to the physical safety of a specifically identifiable person or persons;
|
|
(v) any statements by the victim regarding
|
|
(vi) whether the petitioner's condition was
|
| explicitly disclosed to the original sentencing judge and taken into account at the time of sentencing.
|
|
(f-1) Upon denying an eligible petitioner's application for medical release, the Prisoner Review Board shall publish a decision letter outlining the reason for denial. The decision letter must include an explanation of each statutory factor and the estimated annual cost of the petitioner's continued incarceration, including the petitioner's medical care.
(g) Petitioners granted medical release shall be released on mandatory supervised release for a period of 5 years subject to Section 3-3-8, which shall operate to discharge any remaining term of years imposed upon him or her. However, in no event shall the eligible person serve a period of mandatory supervised release greater than the aggregate of the discharged underlying sentence and the mandatory supervised release period as set forth in Section 5-4.5-20.
(h) Within 90 days of the receipt of the initial application, the Prisoner Review Board shall conduct a hearing if a hearing is requested and render a decision granting or denying the petitioner's request for release.
(i) Nothing in this statute shall preclude a petitioner from seeking alternative forms of release, including clemency, relief from the sentencing court, post-conviction relief, or any other legal remedy.
(j) This act applies retroactively, and shall be applicable to all currently incarcerated people in Illinois.
(k) Data report. The Department of Corrections and the Prisoner Review Board shall release a report annually published on their websites that reports the following information about the Medical Release Program:
(1) The number of applications for medical release
|
| received by the Board in the preceding year, and information about those applications, including:
|
|
(i) demographic data about the petitioner,
|
| including race or ethnicity, gender, age, and institution;
|
|
(ii) the highest class of offense for which the
|
| petitioner is incarcerated;
|
|
(iii) the relationship of the petitioner to the
|
| person completing the application;
|
|
(iv) whether the petitioner had applied for
|
| medical release before and been denied, and, if so, when;
|
|
(v) whether the petitioner applied as a person
|
| who is medically incapacitated or a person who is terminally ill;
|
|
(vi) a basic description of the underlying
|
| medical condition that led to the application ; and
|
|
(vii) the institution in which the petitioner was
|
| confined at the time of the application.
|
|
(2) The number of medical statements from the
|
| Department of Corrections received by the Board.
|
|
(3) The number of institutional hearings on medical
|
| release applications conducted by the Board including:
|
|
(i) whether the petitioner was represented by an
|
|
(ii) whether the application was considered in a
|
| public or non-public hearing.
|
|
(4) The number of people approved for medical
|
| release, and information about them, including:
|
|
(i) demographic data about the individual
|
| including race or ethnicity, gender, age, and zip code to which they were released;
|
|
(ii) whether the person applied as a person who
|
| is medically incapacitated or a person who is terminally ill;
|
|
(iii) a basic description of the underlying
|
| medical condition that led to the application;
|
|
(iv) a basic description of the medical setting
|
| the person was released to;
|
|
(v) whether the petitioner was represented by an
|
|
(vi) whether the application was considered in a
|
| public or non-public hearing.
|
|
(5) The number of people released on the medical
|
|
(6) The number of people approved for medical release
|
| who experienced more than a one-month delay between release decision and ultimate release, including:
|
|
(i) demographic data about the individuals
|
| including race or ethnicity, gender and age;
|
|
(ii) the reason for the delay;
(iii) whether the person remains incarcerated; and
(iv) a basic description of the underlying
|
| medical condition of the applying person.
|
|
(7) For those individuals released on mandatory
|
| supervised release due to a granted application for medical release:
|
|
(i) the number of individuals who were serving
|
| terms of mandatory supervised release because of medical release applications during the previous year;
|
|
(ii) the number of individuals who had their
|
| mandatory supervised release revoked; and
|
|
(iii) the number of individuals who died during
|
|
(8) Information on seriously ill individuals
|
| incarcerated at the Department of Corrections, including:
|
|
(i) the number of people currently receiving
|
| full-time one-on-one medical care or assistance with activities of daily living within Department of Corrections facilities and whether that care is provided by a medical practitioner or an incarcerated person, along with the institutions at which they are incarcerated; and
|
|
(ii) the number of people who spent more than one
|
| month in outside hospital care during the previous year and their home institutions.
|
|
All the information provided in this report shall be provided in aggregate, and nothing shall be construed to require the public dissemination of any personal medical information.
(Source: P.A. 104-11, eff. 6-20-25.)
|
Translate