Illinois General Assembly - Full Text of HB3421
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Full Text of HB3421  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Luis Arroyo


730 ILCS 5/3-3-9  from Ch. 38, par. 1003-3-9

    Amends the Unified Code of Corrections. Provides that parole or mandatory supervised release shall not be automatically revoked or the person automatically recommitted if the violation of the terms of parole or mandatory supervised release is based upon a new criminal charge that is a misdemeanor.

LRB101 10167 SLF 55270 b





HB3421LRB101 10167 SLF 55270 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 Section 3-3-9 as follows:
6    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
7    Sec. 3-3-9. Violations; changes of conditions; preliminary
8hearing; revocation of parole or mandatory supervised release;
9revocation hearing.
10    (a) If prior to expiration or termination of the term of
11parole or mandatory supervised release, a person violates a
12condition set by the Prisoner Review Board or a condition of
13parole or mandatory supervised release under Section 3-3-7 of
14this Code to govern that term, the Board may:
15        (1) continue the existing term, with or without
16    modifying or enlarging the conditions; or
17        (2) parole or release the person to a half-way house;
18    or
19        (3) revoke the parole or mandatory supervised release
20    and reconfine the person for a term computed in the
21    following manner:
22            (i) (A) For those sentenced under the law in effect
23        prior to this amendatory Act of 1977, the recommitment



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1        shall be for any portion of the imposed maximum term of
2        imprisonment or confinement which had not been served
3        at the time of parole and the parole term, less the
4        time elapsed between the parole of the person and the
5        commission of the violation for which parole was
6        revoked;
7            (B) Except as set forth in paragraph (C), for those
8        subject to mandatory supervised release under
9        paragraph (d) of Section 5-8-1 of this Code, the
10        recommitment shall be for the total mandatory
11        supervised release term, less the time elapsed between
12        the release of the person and the commission of the
13        violation for which mandatory supervised release is
14        revoked. The Board may also order that a prisoner serve
15        up to one year of the sentence imposed by the court
16        which was not served due to the accumulation of
17        sentence credit;
18            (C) For those subject to sex offender supervision
19        under clause (d)(4) of Section 5-8-1 of this Code, the
20        reconfinement period for violations of clauses (a)(3)
21        through (b-1)(15) of Section 3-3-7 shall not exceed 2
22        years from the date of reconfinement;
23                 (ii) the person shall be given credit against
24            the term of reimprisonment or reconfinement for
25            time spent in custody since he or she was paroled
26            or released which has not been credited against



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1            another sentence or period of confinement;
2                 (iii) (blank);
3                 (iv) this Section is subject to the release
4            under supervision and the reparole and rerelease
5            provisions of Section 3-3-10.
6    (b) The Board may revoke parole or mandatory supervised
7release for violation of a condition for the duration of the
8term and for any further period which is reasonably necessary
9for the adjudication of matters arising before its expiration.
10The issuance of a warrant of arrest for an alleged violation of
11the conditions of parole or mandatory supervised release shall
12toll the running of the term until the final determination of
13the charge. When parole or mandatory supervised release is not
14revoked that period shall be credited to the term, unless a
15community-based sanction is imposed as an alternative to
16revocation and reincarceration, including a diversion
17established by the Illinois Department of Corrections Parole
18Services Unit prior to the holding of a preliminary parole
19revocation hearing. Parolees who are diverted to a
20community-based sanction shall serve the entire term of parole
21or mandatory supervised release, if otherwise appropriate.
22    (b-5) The Board shall revoke parole or mandatory supervised
23release for violation of the conditions prescribed in paragraph
24(7.6) of subsection (a) of Section 3-3-7.
25    (c) A person charged with violating a condition of parole
26or mandatory supervised release shall have a preliminary



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1hearing before a hearing officer designated by the Board to
2determine if there is cause to hold the person for a revocation
3hearing. However, no preliminary hearing need be held when
4revocation is based upon new criminal charges and a court finds
5probable cause on the new criminal charges or when the
6revocation is based upon a new criminal conviction and a
7certified copy of that conviction is available.
8    (d) Parole or mandatory supervised release shall not be
9revoked without written notice to the offender setting forth
10the violation of parole or mandatory supervised release charged
11against him or her.
12    (e) A hearing on revocation shall be conducted before at
13least one member of the Prisoner Review Board. The Board may
14meet and order its actions in panels of 3 or more members. The
15action of a majority of the panel shall be the action of the
16Board. A record of the hearing shall be made. At the hearing
17the offender shall be permitted to:
18        (1) appear and answer the charge; and
19        (2) bring witnesses on his or her behalf.
20    (f) The Board shall either revoke parole or mandatory
21supervised release or order the person's term continued with or
22without modification or enlargement of the conditions.
23    (g) Parole or mandatory supervised release shall not be
24revoked for failure to make payments under the conditions of
25parole or release unless the Board determines that such failure
26is due to the offender's willful refusal to pay.



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1    (h) Parole or mandatory supervised release shall not be
2automatically revoked or the person automatically recommitted
3if the violation of the terms of parole or mandatory supervised
4release is based upon a new criminal charge that is a
6(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
799-628, eff. 1-1-17.)