Illinois General Assembly - Full Text of HB1064
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Full Text of HB1064  102nd General Assembly

HB1064eng 102ND GENERAL ASSEMBLY



 


 
HB1064 EngrossedLRB102 03077 RLC 13090 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 5-4.5-115 as follows:
 
6    (730 ILCS 5/5-4.5-115)
7    Sec. 5-4.5-115. Parole review of persons under the age of
821 at the time of the commission of an offense.
9    (a) For purposes of this Section, "victim" means a victim
10of a violent crime as defined in subsection (a) of Section 3 of
11the Rights of Crime Victims and Witnesses Act including a
12witness as defined in subsection (b) of Section 3 of the Rights
13of Crime Victims and Witnesses Act; any person legally related
14to the victim by blood, marriage, adoption, or guardianship;
15any friend of the victim; or any concerned citizen.
16    (b) A person under 21 years of age at the time of the
17commission of an offense or offenses, other than first degree
18murder, and who is not serving a sentence for first degree
19murder and who is sentenced on or after June 1, 2019 (the
20effective date of Public Act 100-1182) shall be eligible for
21parole review by the Prisoner Review Board after serving 10
22years or more of his or her sentence or sentences, except for
23those serving a sentence or sentences for: (1) aggravated

 

 

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1criminal sexual assault who shall be eligible for parole
2review by the Prisoner Review Board after serving 20 years or
3more of his or her sentence or sentences or (2) predatory
4criminal sexual assault of a child who shall not be eligible
5for parole review by the Prisoner Review Board under this
6Section. A person under 21 years of age at the time of the
7commission of first degree murder who is sentenced on or after
8June 1, 2019 (the effective date of Public Act 100-1182) shall
9be eligible for parole review by the Prisoner Review Board
10after serving 20 years or more of his or her sentence or
11sentences, except for those subject to a term of natural life
12imprisonment under Section 5-8-1 of this Code or any person
13subject to sentencing under subsection (c) of Section
145-4.5-105 of this Code, who shall be eligible for parole
15review by the Prisoner Review Board after serving 40 years or
16more of his or her sentence or sentences.
17    (c) Three years prior to becoming eligible for parole
18review, the eligible person may file his or her petition for
19parole review with the Prisoner Review Board. The petition
20shall include a copy of the order of commitment and sentence to
21the Department of Corrections for the offense or offenses for
22which review is sought. Within 30 days of receipt of this
23petition, the Prisoner Review Board shall determine whether
24the petition is appropriately filed, and if so, shall set a
25date for parole review 3 years from receipt of the petition and
26notify the Department of Corrections within 10 business days.

 

 

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1If the Prisoner Review Board determines that the petition is
2not appropriately filed, it shall notify the petitioner in
3writing, including a basis for its determination.
4    (d) Within 6 months of the Prisoner Review Board's
5determination that the petition was appropriately filed, a
6representative from the Department of Corrections shall meet
7with the eligible person and provide the inmate information
8about the parole hearing process and personalized
9recommendations for the inmate regarding his or her work
10assignments, rehabilitative programs, and institutional
11behavior. Following this meeting, the eligible person has 7
12calendar days to file a written request to the representative
13from the Department of Corrections who met with the eligible
14person of any additional programs and services which the
15eligible person believes should be made available to prepare
16the eligible person for return to the community.
17    (e) One year prior to the person being eligible for
18parole, counsel shall be appointed by the Prisoner Review
19Board upon a finding of indigency. The eligible person may
20waive appointed counsel or retain his or her own counsel at his
21or her own expense.
22    (f) Nine months prior to the hearing, the Prisoner Review
23Board shall provide the eligible person, and his or her
24counsel, any written documents or materials it will be
25considering in making its decision unless the written
26documents or materials are specifically found to: (1) include

 

 

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1information which, if disclosed, would damage the therapeutic
2relationship between the inmate and a mental health
3professional; (2) subject any person to the actual risk of
4physical harm; (3) threaten the safety or security of the
5Department or an institution. In accordance with Section
64.5(d)(4) of the Rights of Crime Victims and Witnesses Act and
7Section 10 of the Open Parole Hearings Act, victim statements
8provided to the Board shall be confidential and privileged,
9including any statements received prior to the effective date
10of this amendatory Act of the 101st General Assembly, except
11if the statement was an oral statement made by the victim at a
12hearing open to the public. Victim statements shall not be
13considered public documents under the provisions of the
14Freedom of Information Act. The inmate or his or her attorney
15shall not be given a copy of the statement, but shall be
16informed of the existence of a victim statement and the
17position taken by the victim on the inmate's request for
18parole. This shall not be construed to permit disclosure to an
19inmate of any information which might result in the risk of
20threats or physical harm to a victim. The Prisoner Review
21Board shall have an ongoing duty to provide the eligible
22person, and his or her counsel, with any further documents or
23materials that come into its possession prior to the hearing
24subject to the limitations contained in this subsection.
25    (g) Not less than 12 months prior to the hearing, the
26Prisoner Review Board shall provide notification to the

 

 

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1State's Attorney of the county from which the person was
2committed and written notification to the victim or family of
3the victim of the scheduled hearing place, date, and
4approximate time. The written notification shall contain: (1)
5information about their right to be present, appear in person
6at the parole hearing, and their right to make an oral
7statement and submit information in writing, by videotape,
8tape recording, or other electronic means; (2) a toll-free
9number to call for further information about the parole review
10process; and (3) information regarding available resources,
11including trauma-informed therapy, they may access. If the
12Board does not have knowledge of the current address of the
13victim or family of the victim, it shall notify the State's
14Attorney of the county of commitment and request assistance in
15locating the victim or family of the victim. Those victims or
16family of the victims who advise the Board in writing that they
17no longer wish to be notified shall not receive future
18notices. A victim shall have the right to submit information
19by videotape, tape recording, or other electronic means. The
20victim may submit this material prior to or at the parole
21hearing. The victim also has the right to be heard at the
22parole hearing.
23    (h) The hearing conducted by the Prisoner Review Board
24shall be governed by Sections 15 and 20, subsection (f) of
25Section 5, subsections (a), (a-5), (b), (b-5), and (c) of
26Section 10, and subsection (d) of Section 25 of the Open Parole

 

 

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1Hearings Act and Part 1610 of Title 20 of the Illinois
2Administrative Code. The eligible person has a right to be
3present at the Prisoner Review Board hearing, unless the
4Prisoner Review Board determines the eligible person's
5presence is unduly burdensome when conducting a hearing under
6paragraph (6.6) of subsection (a) of Section 3-3-2 of this
7Code. If a psychological evaluation is submitted for the
8Prisoner Review Board's consideration, it shall be prepared by
9a person who has expertise in adolescent brain development and
10behavior, and shall take into consideration the diminished
11culpability of youthful offenders, the hallmark features of
12youth, and any subsequent growth and increased maturity of the
13person. At the hearing, the eligible person shall have the
14right to make a statement on his or her own behalf.
15    (i) Only upon motion for good cause shall the date for the
16Prisoner Review Board hearing, as set by subsection (b) of
17this Section, be changed. No less than 15 days prior to the
18hearing, the Prisoner Review Board shall notify the victim or
19victim representative, the attorney, and the eligible person
20of the exact date and time of the hearing. All hearings shall
21be open to the public.
22    (j) The Prisoner Review Board shall not parole the
23eligible person if it determines that:
24        (1) there is a substantial risk that the eligible
25    person will not conform to reasonable conditions of parole
26    or aftercare release; or

 

 

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1        (2) the eligible person's release at that time would
2    deprecate the seriousness of his or her offense or promote
3    disrespect for the law; or
4        (3) the eligible person's release would have a
5    substantially adverse effect on institutional discipline.
6    In considering the factors affecting the release
7determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
8Review Board panel shall consider the diminished culpability
9of youthful offenders, the hallmark features of youth, and any
10subsequent growth and maturity of the youthful offender during
11incarceration.
12    (k) Unless denied parole under subsection (j) of this
13Section and subject to the provisions of Section 3-3-9 of this
14Code: (1) the eligible person serving a sentence for any
15non-first degree murder offense or offenses, shall be released
16on parole which shall operate to discharge any remaining term
17of years sentence imposed upon him or her, notwithstanding any
18required mandatory supervised release period the eligible
19person is required to serve; and (2) the eligible person
20serving a sentence for any first degree murder offense, shall
21be released on mandatory supervised release for a period of 10
22years subject to Section 3-3-8, which shall operate to
23discharge any remaining term of years sentence imposed upon
24him or her, however in no event shall the eligible person serve
25a period of mandatory supervised release greater than the
26aggregate of the discharged underlying sentence and the

 

 

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1mandatory supervised release period as sent forth in Section
25-4.5-20.
3    (l) If the Prisoner Review Board denies parole after
4conducting the hearing under subsection (j) of this Section,
5it shall issue a written decision which states the rationale
6for denial, including the primary factors considered. This
7decision shall be provided to the eligible person and his or
8her counsel within 30 days.
9    (m) A person denied parole under subsection (j) of this
10Section, who is not serving a sentence for either first degree
11murder or aggravated criminal sexual assault, shall be
12eligible for a second parole review by the Prisoner Review
13Board 5 years after the written decision under subsection (l)
14of this Section; a person denied parole under subsection (j)
15of this Section, who is serving a sentence or sentences for
16first degree murder or aggravated criminal sexual assault
17shall be eligible for a second and final parole review by the
18Prisoner Review Board 10 years after the written decision
19under subsection (k) of this Section. The procedures for a
20second parole review shall be governed by subsections (c)
21through (k) of this Section.
22    (n) A person denied parole under subsection (m) of this
23Section, who is not serving a sentence for either first degree
24murder or aggravated criminal sexual assault, shall be
25eligible for a third and final parole review by the Prisoner
26Review Board 5 years after the written decision under

 

 

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1subsection (l) of this Section. The procedures for the third
2and final parole review shall be governed by subsections (c)
3through (k) of this Section.
4    (o) Notwithstanding anything else to the contrary in this
5Section, nothing in this Section shall be construed to delay
6parole or mandatory supervised release consideration for
7petitioners who are or will be eligible for release earlier
8than this Section provides. Nothing in this Section shall be
9construed as a limit, substitution, or bar on a person's right
10to sentencing relief, or any other manner of relief, obtained
11by order of a court in proceedings other than as provided in
12this Section.
13(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)