Illinois General Assembly - Full Text of HB5021
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB5021  102nd General Assembly

HB5021 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5021

 

Introduced 1/27/2022, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-1  from Ch. 38, par. 1003-3-1
730 ILCS 5/3-3-2  from Ch. 38, par. 1003-3-2
730 ILCS 5/3-3-9  from Ch. 38, par. 1003-3-9
730 ILCS 5/5-4.5-20
730 ILCS 5/5-4.5-25
730 ILCS 5/5-4.5-30
730 ILCS 5/5-4.5-120 new
730 ILCS 5/5-8-1  from Ch. 38, par. 1005-8-1

    Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall create a process by which an incarcerated individual may submit an application to be declared a survivor of gender-based violence. Provides that an application to be declared a survivor of gender-based violence may be filed with the Prisoner Review Board. Provides that application materials shall be maintained on the Prisoner Review Board's website and maintained in a clearly visible place within the law library and the infirmary of every correctional institution or facility operated by the Department of Corrections. Provides that within 90 days after the receipt of the application, the Prisoner Review Board shall conduct a hearing if a hearing is requested and render a decision granting or denying the application. Provides that the Prisoner Review Board shall create an enumerated list of factors for determination of the applicant's qualification as a survivor of gender-based violence. Provides that these factors shall be made publicly available. Provides that petitions to be declared a survivor of gender-based violence shall be considered by 3-member panels, and decisions shall be made by simple majority vote of the panel. Provides that applicants receiving a declaration shall be eligible for parole consideration by the Prisoner Review Board. Provides that the hearings shall be conducted in accordance with the Open Parole Hearings Act.


LRB102 25404 RLC 34688 b

 

 

A BILL FOR

 

HB5021LRB102 25404 RLC 34688 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-1, 3-3-2, 3-3-9, 5-4.5-20, 5-4.5-25,
65-4.5-30, and 5-8-1 and by adding Section 5-4.5-120 as
7follows:
 
8    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
9    Sec. 3-3-1. Establishment and appointment of Prisoner
10Review Board.
11    (a) There shall be a Prisoner Review Board independent of
12the Department which shall be:
13        (1) the paroling authority for persons sentenced under
14    the law in effect prior to the effective date of this
15    amendatory Act of 1977;
16        (1.2) the paroling authority for persons eligible for
17    parole review under Section 5-4.5-115;
18        (1.3) the paroling authority for persons eligible for
19    parole review under Section 5-4.5-120;
20        (1.5) (blank);
21        (2) the board of review for cases involving the
22    revocation of sentence credits or a suspension or
23    reduction in the rate of accumulating the credit;

 

 

HB5021- 2 -LRB102 25404 RLC 34688 b

1        (3) the board of review and recommendation for the
2    exercise of executive clemency by the Governor;
3        (4) the authority for establishing release dates for
4    certain prisoners sentenced under the law in existence
5    prior to the effective date of this amendatory Act of
6    1977, in accordance with Section 3-3-2.1 of this Code;
7        (5) the authority for setting conditions for parole
8    and mandatory supervised release under Section 5-8-1(a) of
9    this Code, and determining whether a violation of those
10    conditions warrant revocation of parole or mandatory
11    supervised release or the imposition of other sanctions;
12        (6) the authority for determining whether a violation
13    of aftercare release conditions warrant revocation of
14    aftercare release; and
15        (7) the authority to release medically infirm or
16    disabled prisoners under Section 3-3-14.
17    (b) The Board shall consist of 15 persons appointed by the
18Governor by and with the advice and consent of the Senate. One
19member of the Board shall be designated by the Governor to be
20Chairman and shall serve as Chairman at the pleasure of the
21Governor. The members of the Board shall have had at least 5
22years of actual experience in the fields of penology,
23corrections work, law enforcement, sociology, law, education,
24social work, medicine, psychology, other behavioral sciences,
25or a combination thereof. At least 6 members so appointed must
26have at least 3 years experience in the field of juvenile

 

 

HB5021- 3 -LRB102 25404 RLC 34688 b

1matters. No more than 8 Board members may be members of the
2same political party.
3    Each member of the Board shall serve on a full-time basis
4and shall not hold any other salaried public office, whether
5elective or appointive, nor any other office or position of
6profit, nor engage in any other business, employment, or
7vocation. The Chairman of the Board shall receive $35,000 a
8year, or an amount set by the Compensation Review Board,
9whichever is greater, and each other member $30,000, or an
10amount set by the Compensation Review Board, whichever is
11greater.
12    (c) Notwithstanding any other provision of this Section,
13the term of each member of the Board who was appointed by the
14Governor and is in office on June 30, 2003 shall terminate at
15the close of business on that date or when all of the successor
16members to be appointed pursuant to this amendatory Act of the
1793rd General Assembly have been appointed by the Governor,
18whichever occurs later. As soon as possible, the Governor
19shall appoint persons to fill the vacancies created by this
20amendatory Act.
21    Of the initial members appointed under this amendatory Act
22of the 93rd General Assembly, the Governor shall appoint 5
23members whose terms shall expire on the third Monday in
24January 2005, 5 members whose terms shall expire on the third
25Monday in January 2007, and 5 members whose terms shall expire
26on the third Monday in January 2009. Their respective

 

 

HB5021- 4 -LRB102 25404 RLC 34688 b

1successors shall be appointed for terms of 6 years from the
2third Monday in January of the year of appointment. Each
3member shall serve until his or her successor is appointed and
4qualified.
5    Any member may be removed by the Governor for
6incompetence, neglect of duty, malfeasance or inability to
7serve.
8    (d) The Chairman of the Board shall be its chief executive
9and administrative officer. The Board may have an Executive
10Director; if so, the Executive Director shall be appointed by
11the Governor with the advice and consent of the Senate. The
12salary and duties of the Executive Director shall be fixed by
13the Board.
14(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
 
15    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
16    Sec. 3-3-2. Powers and duties.
17    (a) The Parole and Pardon Board is abolished and the term
18"Parole and Pardon Board" as used in any law of Illinois, shall
19read "Prisoner Review Board." After February 1, 1978 (the
20effective date of Public Act 81-1099), the Prisoner Review
21Board shall provide by rule for the orderly transition of all
22files, records, and documents of the Parole and Pardon Board
23and for such other steps as may be necessary to effect an
24orderly transition and shall:
25        (1) hear by at least one member and through a panel of

 

 

HB5021- 5 -LRB102 25404 RLC 34688 b

1    at least 3 members decide, cases of prisoners who were
2    sentenced under the law in effect prior to February 1,
3    1978 (the effective date of Public Act 81-1099), and who
4    are eligible for parole;
5        (2) hear by at least one member and through a panel of
6    at least 3 members decide, the conditions of parole and
7    the time of discharge from parole, impose sanctions for
8    violations of parole, and revoke parole for those
9    sentenced under the law in effect prior to February 1,
10    1978 (the effective date of Public Act 81-1099); provided
11    that the decision to parole and the conditions of parole
12    for all prisoners who were sentenced for first degree
13    murder or who received a minimum sentence of 20 years or
14    more under the law in effect prior to February 1, 1978
15    shall be determined by a majority vote of the Prisoner
16    Review Board. One representative supporting parole and one
17    representative opposing parole will be allowed to speak.
18    Their comments shall be limited to making corrections and
19    filling in omissions to the Board's presentation and
20    discussion;
21        (3) hear by at least one member and through a panel of
22    at least 3 members decide, the conditions of mandatory
23    supervised release and the time of discharge from
24    mandatory supervised release, impose sanctions for
25    violations of mandatory supervised release, and revoke
26    mandatory supervised release for those sentenced under the

 

 

HB5021- 6 -LRB102 25404 RLC 34688 b

1    law in effect after February 1, 1978 (the effective date
2    of Public Act 81-1099);
3        (3.5) hear by at least one member and through a panel
4    of at least 3 members decide, the conditions of mandatory
5    supervised release and the time of discharge from
6    mandatory supervised release, to impose sanctions for
7    violations of mandatory supervised release and revoke
8    mandatory supervised release for those serving extended
9    supervised release terms pursuant to paragraph (4) of
10    subsection (d) of Section 5-8-1;
11        (3.6) hear by at least one member and through a panel
12    of at least 3 members decide whether to revoke aftercare
13    release for those committed to the Department of Juvenile
14    Justice under the Juvenile Court Act of 1987;
15        (4) hear by at least one member and through a panel of
16    at least 3 members, decide cases brought by the Department
17    of Corrections against a prisoner in the custody of the
18    Department for alleged violation of Department rules with
19    respect to sentence credits under Section 3-6-3 of this
20    Code in which the Department seeks to revoke sentence
21    credits, if the amount of time at issue exceeds 30 days or
22    when, during any 12-month period, the cumulative amount of
23    credit revoked exceeds 30 days except where the infraction
24    is committed or discovered within 60 days of scheduled
25    release. In such cases, the Department of Corrections may
26    revoke up to 30 days of sentence credit. The Board may

 

 

HB5021- 7 -LRB102 25404 RLC 34688 b

1    subsequently approve the revocation of additional sentence
2    credit, if the Department seeks to revoke sentence credit
3    in excess of 30 days. However, the Board shall not be
4    empowered to review the Department's decision with respect
5    to the loss of 30 days of sentence credit for any prisoner
6    or to increase any penalty beyond the length requested by
7    the Department;
8        (5) hear by at least one member and through a panel of
9    at least 3 members decide, the release dates for certain
10    prisoners sentenced under the law in existence prior to
11    February 1, 1978 (the effective date of Public Act
12    81-1099), in accordance with Section 3-3-2.1 of this Code;
13        (6) hear by at least one member and through a panel of
14    at least 3 members decide, all requests for pardon,
15    reprieve or commutation, and make confidential
16    recommendations to the Governor;
17        (6.5) hear by at least one member who is qualified in
18    the field of juvenile matters and through a panel of at
19    least 3 members, 2 of whom are qualified in the field of
20    juvenile matters, decide parole review cases in accordance
21    with Section 5-4.5-115 of this Code and make release
22    determinations of persons under the age of 21 at the time
23    of the commission of an offense or offenses, other than
24    those persons serving sentences for first degree murder or
25    aggravated criminal sexual assault;
26        (6.6) hear by at least a quorum of the Prisoner Review

 

 

HB5021- 8 -LRB102 25404 RLC 34688 b

1    Board and decide by a majority of members present at the
2    hearing, in accordance with Section 5-4.5-115 of this
3    Code, release determinations of persons under the age of
4    21 at the time of the commission of an offense or offenses
5    of those persons serving sentences for first degree murder
6    or aggravated criminal sexual assault;
7        (6.7) hear by at least a quorum of the Prisoner Review
8    Board and decide by a majority of members present at the
9    hearing, in accordance with Section 5-4.5-120, and make
10    release determination of persons declared to be survivors
11    of gender-based violence at any time prior to the
12    commission of an offense or offenses;
13        (7) comply with the requirements of the Open Parole
14    Hearings Act;
15        (8) hear by at least one member and, through a panel of
16    at least 3 members, decide cases brought by the Department
17    of Corrections against a prisoner in the custody of the
18    Department for court dismissal of a frivolous lawsuit
19    pursuant to Section 3-6-3(d) of this Code in which the
20    Department seeks to revoke up to 180 days of sentence
21    credit, and if the prisoner has not accumulated 180 days
22    of sentence credit at the time of the dismissal, then all
23    sentence credit accumulated by the prisoner shall be
24    revoked;
25        (9) hear by at least 3 members, and, through a panel of
26    at least 3 members, decide whether to grant certificates

 

 

HB5021- 9 -LRB102 25404 RLC 34688 b

1    of relief from disabilities or certificates of good
2    conduct as provided in Article 5.5 of Chapter V;
3        (10) upon a petition by a person who has been
4    convicted of a Class 3 or Class 4 felony and who meets the
5    requirements of this paragraph, hear by at least 3 members
6    and, with the unanimous vote of a panel of 3 members, issue
7    a certificate of eligibility for sealing recommending that
8    the court order the sealing of all official records of the
9    arresting authority, the circuit court clerk, and the
10    Illinois State Police concerning the arrest and conviction
11    for the Class 3 or 4 felony. A person may not apply to the
12    Board for a certificate of eligibility for sealing:
13            (A) until 5 years have elapsed since the
14        expiration of his or her sentence;
15            (B) until 5 years have elapsed since any arrests
16        or detentions by a law enforcement officer for an
17        alleged violation of law, other than a petty offense,
18        traffic offense, conservation offense, or local
19        ordinance offense;
20            (C) if convicted of a violation of the Cannabis
21        Control Act, Illinois Controlled Substances Act, the
22        Methamphetamine Control and Community Protection Act,
23        the Methamphetamine Precursor Control Act, or the
24        Methamphetamine Precursor Tracking Act unless the
25        petitioner has completed a drug abuse program for the
26        offense on which sealing is sought and provides proof

 

 

HB5021- 10 -LRB102 25404 RLC 34688 b

1        that he or she has completed the program successfully;
2            (D) if convicted of:
3                (i) a sex offense described in Article 11 or
4            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
5            the Criminal Code of 1961 or the Criminal Code of
6            2012;
7                (ii) aggravated assault;
8                (iii) aggravated battery;
9                (iv) domestic battery;
10                (v) aggravated domestic battery;
11                (vi) violation of an order of protection;
12                (vii) an offense under the Criminal Code of
13            1961 or the Criminal Code of 2012 involving a
14            firearm;
15                (viii) driving while under the influence of
16            alcohol, other drug or drugs, intoxicating
17            compound or compounds, or any combination thereof;
18                (ix) aggravated driving while under the
19            influence of alcohol, other drug or drugs,
20            intoxicating compound or compounds, or any
21            combination thereof; or
22                (x) any crime defined as a crime of violence
23            under Section 2 of the Crime Victims Compensation
24            Act.
25        If a person has applied to the Board for a certificate
26    of eligibility for sealing and the Board denies the

 

 

HB5021- 11 -LRB102 25404 RLC 34688 b

1    certificate, the person must wait at least 4 years before
2    filing again or filing for pardon from the Governor unless
3    the Chairman of the Prisoner Review Board grants a waiver.
4        The decision to issue or refrain from issuing a
5    certificate of eligibility for sealing shall be at the
6    Board's sole discretion, and shall not give rise to any
7    cause of action against either the Board or its members.
8        The Board may only authorize the sealing of Class 3
9    and 4 felony convictions of the petitioner from one
10    information or indictment under this paragraph (10). A
11    petitioner may only receive one certificate of eligibility
12    for sealing under this provision for life; and
13        (11) upon a petition by a person who after having been
14    convicted of a Class 3 or Class 4 felony thereafter served
15    in the United States Armed Forces or National Guard of
16    this or any other state and had received an honorable
17    discharge from the United States Armed Forces or National
18    Guard or who at the time of filing the petition is enlisted
19    in the United States Armed Forces or National Guard of
20    this or any other state and served one tour of duty and who
21    meets the requirements of this paragraph, hear by at least
22    3 members and, with the unanimous vote of a panel of 3
23    members, issue a certificate of eligibility for
24    expungement recommending that the court order the
25    expungement of all official records of the arresting
26    authority, the circuit court clerk, and the Illinois State

 

 

HB5021- 12 -LRB102 25404 RLC 34688 b

1    Police concerning the arrest and conviction for the Class
2    3 or 4 felony. A person may not apply to the Board for a
3    certificate of eligibility for expungement:
4            (A) if convicted of:
5                (i) a sex offense described in Article 11 or
6            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
7            the Criminal Code of 1961 or Criminal Code of
8            2012;
9                (ii) an offense under the Criminal Code of
10            1961 or Criminal Code of 2012 involving a firearm;
11            or
12                (iii) a crime of violence as defined in
13            Section 2 of the Crime Victims Compensation Act;
14            or
15            (B) if the person has not served in the United
16        States Armed Forces or National Guard of this or any
17        other state or has not received an honorable discharge
18        from the United States Armed Forces or National Guard
19        of this or any other state or who at the time of the
20        filing of the petition is serving in the United States
21        Armed Forces or National Guard of this or any other
22        state and has not completed one tour of duty.
23        If a person has applied to the Board for a certificate
24    of eligibility for expungement and the Board denies the
25    certificate, the person must wait at least 4 years before
26    filing again or filing for a pardon with authorization for

 

 

HB5021- 13 -LRB102 25404 RLC 34688 b

1    expungement from the Governor unless the Governor or
2    Chairman of the Prisoner Review Board grants a waiver.
3    (a-5) The Prisoner Review Board, with the cooperation of
4and in coordination with the Department of Corrections and the
5Department of Central Management Services, shall implement a
6pilot project in 3 correctional institutions providing for the
7conduct of hearings under paragraphs (1) and (4) of subsection
8(a) of this Section through interactive video conferences. The
9project shall be implemented within 6 months after January 1,
101997 (the effective date of Public Act 89-490). Within 6
11months after the implementation of the pilot project, the
12Prisoner Review Board, with the cooperation of and in
13coordination with the Department of Corrections and the
14Department of Central Management Services, shall report to the
15Governor and the General Assembly regarding the use, costs,
16effectiveness, and future viability of interactive video
17conferences for Prisoner Review Board hearings.
18    (b) Upon recommendation of the Department the Board may
19restore sentence credit previously revoked.
20    (c) The Board shall cooperate with the Department in
21promoting an effective system of parole and mandatory
22supervised release.
23    (d) The Board shall promulgate rules for the conduct of
24its work, and the Chairman shall file a copy of such rules and
25any amendments thereto with the Director and with the
26Secretary of State.

 

 

HB5021- 14 -LRB102 25404 RLC 34688 b

1    (e) The Board shall keep records of all of its official
2actions and shall make them accessible in accordance with law
3and the rules of the Board.
4    (f) The Board or one who has allegedly violated the
5conditions of his or her parole, aftercare release, or
6mandatory supervised release may require by subpoena the
7attendance and testimony of witnesses and the production of
8documentary evidence relating to any matter under
9investigation or hearing. The Chairman of the Board may sign
10subpoenas which shall be served by any agent or public
11official authorized by the Chairman of the Board, or by any
12person lawfully authorized to serve a subpoena under the laws
13of the State of Illinois. The attendance of witnesses, and the
14production of documentary evidence, may be required from any
15place in the State to a hearing location in the State before
16the Chairman of the Board or his or her designated agent or
17agents or any duly constituted Committee or Subcommittee of
18the Board. Witnesses so summoned shall be paid the same fees
19and mileage that are paid witnesses in the circuit courts of
20the State, and witnesses whose depositions are taken and the
21persons taking those depositions are each entitled to the same
22fees as are paid for like services in actions in the circuit
23courts of the State. Fees and mileage shall be vouchered for
24payment when the witness is discharged from further
25attendance.
26    In case of disobedience to a subpoena, the Board may

 

 

HB5021- 15 -LRB102 25404 RLC 34688 b

1petition any circuit court of the State for an order requiring
2the attendance and testimony of witnesses or the production of
3documentary evidence or both. A copy of such petition shall be
4served by personal service or by registered or certified mail
5upon the person who has failed to obey the subpoena, and such
6person shall be advised in writing that a hearing upon the
7petition will be requested in a court room to be designated in
8such notice before the judge hearing motions or extraordinary
9remedies at a specified time, on a specified date, not less
10than 10 nor more than 15 days after the deposit of the copy of
11the written notice and petition in the U.S. mail addressed to
12the person at his or her last known address or after the
13personal service of the copy of the notice and petition upon
14such person. The court upon the filing of such a petition, may
15order the person refusing to obey the subpoena to appear at an
16investigation or hearing, or to there produce documentary
17evidence, if so ordered, or to give evidence relative to the
18subject matter of that investigation or hearing. Any failure
19to obey such order of the circuit court may be punished by that
20court as a contempt of court.
21    Each member of the Board and any hearing officer
22designated by the Board shall have the power to administer
23oaths and to take the testimony of persons under oath.
24    (g) Except under subsection (a) of this Section, a
25majority of the members then appointed to the Prisoner Review
26Board shall constitute a quorum for the transaction of all

 

 

HB5021- 16 -LRB102 25404 RLC 34688 b

1business of the Board.
2    (h) The Prisoner Review Board shall annually transmit to
3the Director a detailed report of its work for the preceding
4calendar year. The annual report shall also be transmitted to
5the Governor for submission to the Legislature.
6(Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
7102-558, eff. 8-20-21.)
 
8    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
9    Sec. 3-3-9. Violations; changes of conditions; preliminary
10hearing; revocation of parole or mandatory supervised release;
11revocation hearing.
12    (a) If prior to expiration or termination of the term of
13parole or mandatory supervised release, a person violates a
14condition set by the Prisoner Review Board or a condition of
15parole or mandatory supervised release under Section 3-3-7 of
16this Code to govern that term, the Board may:
17        (1) continue the existing term, with or without
18    modifying or enlarging the conditions; or
19        (1.5) for those released as a result of youthful
20    offender parole as set forth in Section 5-4.5-115 of this
21    Code, order that the inmate be subsequently rereleased to
22    serve a specified mandatory supervised release term not to
23    exceed the full term permitted under the provisions of
24    Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
25    this Code and may modify or enlarge the conditions of the

 

 

HB5021- 17 -LRB102 25404 RLC 34688 b

1    release as the Board deems proper; or
2        (1.6) for those released as a result of gender-based
3    violence survivor parole as set forth in Section
4    5-4.5-120, order that the inmate be subsequently
5    rereleased to serve a specified mandatory supervised
6    release term not to exceed the full term permitted under
7    Section 5-4.5-120 and subsection (d) of Section 5-8-1 and
8    may modify or enlarge the conditions of the release as the
9    Board deems proper; or
10        (2) parole or release the person to a half-way house;
11    or
12        (3) revoke the parole or mandatory supervised release
13    and reconfine the person for a term computed in the
14    following manner:
15            (i) (A) For those sentenced under the law in
16        effect prior to this amendatory Act of 1977, the
17        recommitment shall be for any portion of the imposed
18        maximum term of imprisonment or confinement which had
19        not been served at the time of parole and the parole
20        term, less the time elapsed between the parole of the
21        person and the commission of the violation for which
22        parole was revoked;
23            (B) Except as set forth in paragraphs (C) and (D),
24        for those subject to mandatory supervised release
25        under paragraph (d) of Section 5-8-1 of this Code, the
26        recommitment shall be for the total mandatory

 

 

HB5021- 18 -LRB102 25404 RLC 34688 b

1        supervised release term, less the time elapsed between
2        the release of the person and the commission of the
3        violation for which mandatory supervised release is
4        revoked. The Board may also order that a prisoner
5        serve up to one year of the sentence imposed by the
6        court which was not served due to the accumulation of
7        sentence credit;
8            (C) For those subject to sex offender supervision
9        under clause (d)(4) of Section 5-8-1 of this Code, the
10        reconfinement period for violations of clauses (a)(3)
11        through (b-1)(15) of Section 3-3-7 shall not exceed 2
12        years from the date of reconfinement;
13            (D) For those released as a result of youthful
14        offender parole as set forth in Section 5-4.5-115 of
15        this Code, the reconfinement period shall be for the
16        total mandatory supervised release term, less the time
17        elapsed between the release of the person and the
18        commission of the violation for which mandatory
19        supervised release is revoked. The Board may also
20        order that a prisoner serve up to one year of the
21        mandatory supervised release term previously earned.
22        The Board may also order that the inmate be
23        subsequently rereleased to serve a specified mandatory
24        supervised release term not to exceed the full term
25        permitted under the provisions of Section 5-4.5-115
26        and subsection (d) of Section 5-8-1 of this Code and

 

 

HB5021- 19 -LRB102 25404 RLC 34688 b

1        may modify or enlarge the conditions of the release as
2        the Board deems proper;
3             (ii) the person shall be given credit against the
4        term of reimprisonment or reconfinement for time spent
5        in custody since he or she was paroled or released
6        which has not been credited against another sentence
7        or period of confinement;
8             (iii) (blank);
9             (iv) this Section is subject to the release under
10        supervision and the reparole and rerelease provisions
11        of Section 3-3-10.
12            (E) For those released as a result of gender-based
13        violence survivor parole as set forth in Section
14        5-4.5-120, the reconfinement period shall be for the
15        total mandatory supervised release term, less the time
16        elapsed between the release of the person and the
17        commission of the violation for which mandatory
18        supervised release is revoked. The Board may also
19        order that a prisoner serve up to one year of the
20        mandatory supervised release term previously earned.
21    (b) The Board may revoke parole or mandatory supervised
22release for violation of a condition for the duration of the
23term and for any further period which is reasonably necessary
24for the adjudication of matters arising before its expiration.
25The issuance of a warrant of arrest for an alleged violation of
26the conditions of parole or mandatory supervised release shall

 

 

HB5021- 20 -LRB102 25404 RLC 34688 b

1toll the running of the term until the final determination of
2the charge. When parole or mandatory supervised release is not
3revoked that period shall be credited to the term, unless a
4community-based sanction is imposed as an alternative to
5revocation and reincarceration, including a diversion
6established by the Illinois Department of Corrections Parole
7Services Unit prior to the holding of a preliminary parole
8revocation hearing. Parolees who are diverted to a
9community-based sanction shall serve the entire term of parole
10or mandatory supervised release, if otherwise appropriate.
11    (b-5) The Board shall revoke parole or mandatory
12supervised release for violation of the conditions prescribed
13in paragraph (7.6) of subsection (a) of Section 3-3-7.
14    (c) A person charged with violating a condition of parole
15or mandatory supervised release shall have a preliminary
16hearing before a hearing officer designated by the Board to
17determine if there is cause to hold the person for a revocation
18hearing. However, no preliminary hearing need be held when
19revocation is based upon new criminal charges and a court
20finds probable cause on the new criminal charges or when the
21revocation is based upon a new criminal conviction and a
22certified copy of that conviction is available.
23    (d) Parole or mandatory supervised release shall not be
24revoked without written notice to the offender setting forth
25the violation of parole or mandatory supervised release
26charged against him or her.

 

 

HB5021- 21 -LRB102 25404 RLC 34688 b

1    (e) A hearing on revocation shall be conducted before at
2least one member of the Prisoner Review Board. The Board may
3meet and order its actions in panels of 3 or more members. The
4action of a majority of the panel shall be the action of the
5Board. A record of the hearing shall be made. At the hearing
6the offender shall be permitted to:
7        (1) appear and answer the charge; and
8        (2) bring witnesses on his or her behalf.
9    (f) The Board shall either revoke parole or mandatory
10supervised release or order the person's term continued with
11or without modification or enlargement of the conditions.
12    (g) Parole or mandatory supervised release shall not be
13revoked for failure to make payments under the conditions of
14parole or release unless the Board determines that such
15failure is due to the offender's willful refusal to pay.
16(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
 
17    (730 ILCS 5/5-4.5-20)
18    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
19degree murder:
20    (a) TERM. The defendant shall be sentenced to imprisonment
21or, if appropriate, death under Section 9-1 of the Criminal
22Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
23Imprisonment shall be for a determinate term, subject to
24Section 5-4.5-115 and Section 5-4.5-120 of this Code, of (1)
25not less than 20 years and not more than 60 years; (2) not less

 

 

HB5021- 22 -LRB102 25404 RLC 34688 b

1than 60 years and not more than 100 years when an extended term
2is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3)
3natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
4    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
5shall not be imposed.
6    (c) IMPACT INCARCERATION. The impact incarceration program
7or the county impact incarceration program is not an
8authorized disposition.
9    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
10probation or conditional discharge shall not be imposed.
11    (e) FINE. Fines may be imposed as provided in Section
125-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
13    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
14concerning restitution.
15    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
16be concurrent or consecutive as provided in Section 5-8-4 (730
17ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
18    (h) DRUG COURT. Drug court is not an authorized
19disposition.
20    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
21ILCS 5/5-4.5-100) concerning no credit for time spent in home
22detention prior to judgment.
23    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
24for rules and regulations for sentence credit.
25    (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
26monitoring and home detention are not authorized dispositions,

 

 

HB5021- 23 -LRB102 25404 RLC 34688 b

1except in limited circumstances as provided in Section 5-8A-3
2(730 ILCS 5/5-8A-3).
3    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
4provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
5mandatory supervised release term shall be 3 years upon
6release from imprisonment.
7(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
8101-288, eff. 1-1-20.)
 
9    (730 ILCS 5/5-4.5-25)
10    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
11felony:
12    (a) TERM. The sentence of imprisonment shall be a
13determinate sentence, subject to Section 5-4.5-115 of this
14Code, of not less than 6 years and not more than 30 years. The
15sentence of imprisonment for an extended term Class X felony,
16as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
17Section 5-4.5-115 and Section 5-4.5-120 of this Code, shall be
18not less than 30 years and not more than 60 years.
19    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
20shall not be imposed.
21    (c) IMPACT INCARCERATION. The impact incarceration program
22or the county impact incarceration program is not an
23authorized disposition.
24    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
25probation or conditional discharge shall not be imposed.

 

 

HB5021- 24 -LRB102 25404 RLC 34688 b

1    (e) FINE. Fines may be imposed as provided in Section
25-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
3    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
4concerning restitution.
5    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
6be concurrent or consecutive as provided in Section 5-8-4 (730
7ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
8    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
9Act (730 ILCS 166/20) concerning eligibility for a drug court
10program.
11    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
12ILCS 5/5-4.5-100) concerning no credit for time spent in home
13detention prior to judgment.
14    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
15for rules and regulations for sentence credit.
16    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
175-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
18electronic monitoring and home detention.
19    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
20provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
215/5-8-1), the parole or mandatory supervised release term
22shall be 3 years upon release from imprisonment.
23(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
24101-288, eff. 1-1-20.)
 
25    (730 ILCS 5/5-4.5-30)

 

 

HB5021- 25 -LRB102 25404 RLC 34688 b

1    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
2felony:
3    (a) TERM. The sentence of imprisonment, other than for
4second degree murder, shall be a determinate sentence of not
5less than 4 years and not more than 15 years, subject to
6Section 5-4.5-115 and Section 5-4.5-120 of this Code. The
7sentence of imprisonment for second degree murder shall be a
8determinate sentence of not less than 4 years and not more than
920 years, subject to Section 5-4.5-115 and Section 5-4.5-120
10of this Code. The sentence of imprisonment for an extended
11term Class 1 felony, as provided in Section 5-8-2 (730 ILCS
125/5-8-2), subject to Section 5-4.5-115 and Section 5-4.5-120
13of this Code, shall be a term not less than 15 years and not
14more than 30 years.
15    (b) PERIODIC IMPRISONMENT. A sentence of periodic
16imprisonment shall be for a definite term of from 3 to 4 years,
17except as otherwise provided in Section 5-5-3 or 5-7-1 (730
18ILCS 5/5-5-3 or 5/5-7-1).
19    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
20(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
21the impact incarceration program or the county impact
22incarceration program.
23    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
24in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
25period of probation or conditional discharge shall not exceed
264 years. The court shall specify the conditions of probation

 

 

HB5021- 26 -LRB102 25404 RLC 34688 b

1or conditional discharge as set forth in Section 5-6-3 (730
2ILCS 5/5-6-3). In no case shall an offender be eligible for a
3disposition of probation or conditional discharge for a Class
41 felony committed while he or she was serving a term of
5probation or conditional discharge for a felony.
6    (e) FINE. Fines may be imposed as provided in Section
75-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
8    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
9concerning restitution.
10    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
11be concurrent or consecutive as provided in Section 5-8-4 (730
12ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
13    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
14Act (730 ILCS 166/20) concerning eligibility for a drug court
15program.
16    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
17ILCS 5/5-4.5-100) concerning credit for time spent in home
18detention prior to judgment.
19    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
20ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
21(730 ILCS 130/) for rules and regulations for sentence credit.
22    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
235-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
24electronic monitoring and home detention.
25    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
26provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or

 

 

HB5021- 27 -LRB102 25404 RLC 34688 b

15/5-8-1), the parole or mandatory supervised release term
2shall be 2 years upon release from imprisonment.
3(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
4101-288, eff. 1-1-20.)
 
5    (730 ILCS 5/5-4.5-120 new)
6    Sec. 5-4.5-120. Parole review of persons declared
7survivors of gender-based violence.
8    (a) Process. The Prisoner Review Board shall create a
9process by which an incarcerated individual may submit an
10application to be declared a survivor of gender-based
11violence.
12    (b) Application. An application to be declared a survivor
13of gender-based violence may be filed with the Prisoner Review
14Board. Application materials shall be maintained on the
15Prisoner Review Board's website and maintained in a clearly
16visible place within the law library and the infirmary of
17every correctional institution or facility operated by the
18Department of Corrections.
19    (c) Hearing. Within 90 days after the receipt of the
20application, the Prisoner Review Board shall conduct a hearing
21if a hearing is requested and render a decision granting or
22denying the application.
23    (d) Factors. The Prisoner Review Board shall create an
24enumerated list of factors for determination of the
25applicant's qualification as a survivor of gender-based

 

 

HB5021- 28 -LRB102 25404 RLC 34688 b

1violence. These factors shall be made publicly available.
2    (e) Voting procedure. Petitions to be declared a survivor
3of gender-based violence shall be considered by 3-member
4panels, and decisions shall be made by simple majority vote of
5the panel.
6    (f) Declaration. Applicants receiving a declaration shall
7be eligible for parole consideration by the Prisoner Review
8Board.
9    (g) Parole hearing. The hearing conducted by the Prisoner
10Review Board shall be governed by Sections 15 and 20,
11subsection (f) of Section 5, subsections (a), (a-5), (b),
12(b-5), and (c) of Section 10, and subsection (d) of Section 25
13of the Open Parole Hearings Act and Part 1610 of Title 20 of
14the Illinois Administrative Code. In this Section
15"gender-based violence" means abuse as defined in Section 103
16of the Illinois Domestic Violence Act of 1986 or the
17perpetration of "serious harm" as defined in Section 10-9 of
18the Criminal Code of 2012.
 
19    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
20    Sec. 5-8-1. Natural life imprisonment; enhancements for
21use of a firearm; mandatory supervised release terms.
22    (a) Except as otherwise provided in the statute defining
23the offense or in Article 4.5 of Chapter V, a sentence of
24imprisonment for a felony shall be a determinate sentence set
25by the court under this Section, subject to Section 5-4.5-115

 

 

HB5021- 29 -LRB102 25404 RLC 34688 b

1and Section 5-4.5-120 of this Code, according to the following
2limitations:
3        (1) for first degree murder,
4            (a) (blank),
5            (b) if a trier of fact finds beyond a reasonable
6        doubt that the murder was accompanied by exceptionally
7        brutal or heinous behavior indicative of wanton
8        cruelty or, except as set forth in subsection
9        (a)(1)(c) of this Section, that any of the aggravating
10        factors listed in subsection (b) or (b-5) of Section
11        9-1 of the Criminal Code of 1961 or the Criminal Code
12        of 2012 are present, the court may sentence the
13        defendant, subject to Section 5-4.5-105, to a term of
14        natural life imprisonment, or
15            (c) the court shall sentence the defendant to a
16        term of natural life imprisonment if the defendant, at
17        the time of the commission of the murder, had attained
18        the age of 18, and:
19                (i) has previously been convicted of first
20            degree murder under any state or federal law, or
21                (ii) is found guilty of murdering more than
22            one victim, or
23                (iii) is found guilty of murdering a peace
24            officer, fireman, or emergency management worker
25            when the peace officer, fireman, or emergency
26            management worker was killed in the course of

 

 

HB5021- 30 -LRB102 25404 RLC 34688 b

1            performing his official duties, or to prevent the
2            peace officer or fireman from performing his
3            official duties, or in retaliation for the peace
4            officer, fireman, or emergency management worker
5            from performing his official duties, and the
6            defendant knew or should have known that the
7            murdered individual was a peace officer, fireman,
8            or emergency management worker, or
9                (iv) is found guilty of murdering an employee
10            of an institution or facility of the Department of
11            Corrections, or any similar local correctional
12            agency, when the employee was killed in the course
13            of performing his official duties, or to prevent
14            the employee from performing his official duties,
15            or in retaliation for the employee performing his
16            official duties, or
17                (v) is found guilty of murdering an emergency
18            medical technician - ambulance, emergency medical
19            technician - intermediate, emergency medical
20            technician - paramedic, ambulance driver or other
21            medical assistance or first aid person while
22            employed by a municipality or other governmental
23            unit when the person was killed in the course of
24            performing official duties or to prevent the
25            person from performing official duties or in
26            retaliation for performing official duties and the

 

 

HB5021- 31 -LRB102 25404 RLC 34688 b

1            defendant knew or should have known that the
2            murdered individual was an emergency medical
3            technician - ambulance, emergency medical
4            technician - intermediate, emergency medical
5            technician - paramedic, ambulance driver, or other
6            medical assistant or first aid personnel, or
7                (vi) (blank), or
8                (vii) is found guilty of first degree murder
9            and the murder was committed by reason of any
10            person's activity as a community policing
11            volunteer or to prevent any person from engaging
12            in activity as a community policing volunteer. For
13            the purpose of this Section, "community policing
14            volunteer" has the meaning ascribed to it in
15            Section 2-3.5 of the Criminal Code of 2012.
16            For purposes of clause (v), "emergency medical
17        technician - ambulance", "emergency medical technician -
18         intermediate", "emergency medical technician -
19        paramedic", have the meanings ascribed to them in the
20        Emergency Medical Services (EMS) Systems Act.
21            (d)(i) if the person committed the offense while
22            armed with a firearm, 15 years shall be added to
23            the term of imprisonment imposed by the court;
24            (ii) if, during the commission of the offense, the
25        person personally discharged a firearm, 20 years shall
26        be added to the term of imprisonment imposed by the

 

 

HB5021- 32 -LRB102 25404 RLC 34688 b

1        court;
2            (iii) if, during the commission of the offense,
3        the person personally discharged a firearm that
4        proximately caused great bodily harm, permanent
5        disability, permanent disfigurement, or death to
6        another person, 25 years or up to a term of natural
7        life shall be added to the term of imprisonment
8        imposed by the court.
9        (2) (blank);
10        (2.5) for a person who has attained the age of 18 years
11    at the time of the commission of the offense and who is
12    convicted under the circumstances described in subdivision
13    (b)(1)(B) of Section 11-1.20 or paragraph (3) of
14    subsection (b) of Section 12-13, subdivision (d)(2) of
15    Section 11-1.30 or paragraph (2) of subsection (d) of
16    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
17    paragraph (1.2) of subsection (b) of Section 12-14.1,
18    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
19    subsection (b) of Section 12-14.1 of the Criminal Code of
20    1961 or the Criminal Code of 2012, the sentence shall be a
21    term of natural life imprisonment.
22    (b) (Blank).
23    (c) (Blank).
24    (d) Subject to earlier termination under Section 3-3-8,
25the parole or mandatory supervised release term shall be
26written as part of the sentencing order and shall be as

 

 

HB5021- 33 -LRB102 25404 RLC 34688 b

1follows:
2        (1) for first degree murder or for the offenses of
3    predatory criminal sexual assault of a child, aggravated
4    criminal sexual assault, and criminal sexual assault if
5    committed on or before December 12, 2005, 3 years;
6        (1.5) except as provided in paragraph (7) of this
7    subsection (d), for a Class X felony except for the
8    offenses of predatory criminal sexual assault of a child,
9    aggravated criminal sexual assault, and criminal sexual
10    assault if committed on or after December 13, 2005 (the
11    effective date of Public Act 94-715) and except for the
12    offense of aggravated child pornography under Section
13    11-20.1B, 11-20.3, or 11-20.1 with sentencing under
14    subsection (c-5) of Section 11-20.1 of the Criminal Code
15    of 1961 or the Criminal Code of 2012, if committed on or
16    after January 1, 2009, 18 months;
17        (2) except as provided in paragraph (7) of this
18    subsection (d), for a Class 1 felony or a Class 2 felony
19    except for the offense of criminal sexual assault if
20    committed on or after December 13, 2005 (the effective
21    date of Public Act 94-715) and except for the offenses of
22    manufacture and dissemination of child pornography under
23    clauses (a)(1) and (a)(2) of Section 11-20.1 of the
24    Criminal Code of 1961 or the Criminal Code of 2012, if
25    committed on or after January 1, 2009, 12 months;
26        (3) except as provided in paragraph (4), (6), or (7)

 

 

HB5021- 34 -LRB102 25404 RLC 34688 b

1    of this subsection (d), a mandatory supervised release
2    term shall not be imposed for a Class 3 felony or a Class 4
3    felony; unless:
4            (A) the Prisoner Review Board, based on a
5        validated risk and needs assessment, determines it is
6        necessary for an offender to serve a mandatory
7        supervised release term;
8            (B) if the Prisoner Review Board determines a
9        mandatory supervised release term is necessary
10        pursuant to subparagraph (A) of this paragraph (3),
11        the Prisoner Review Board shall specify the maximum
12        number of months of mandatory supervised release the
13        offender may serve, limited to a term of: (i) 12 months
14        for a Class 3 felony; and (ii) 12 months for a Class 4
15        felony;
16        (4) for defendants who commit the offense of predatory
17    criminal sexual assault of a child, aggravated criminal
18    sexual assault, or criminal sexual assault, on or after
19    December 13, 2005 (the effective date of Public Act
20    94-715), or who commit the offense of aggravated child
21    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
22    with sentencing under subsection (c-5) of Section 11-20.1
23    of the Criminal Code of 1961 or the Criminal Code of 2012,
24    manufacture of child pornography, or dissemination of
25    child pornography after January 1, 2009, the term of
26    mandatory supervised release shall range from a minimum of

 

 

HB5021- 35 -LRB102 25404 RLC 34688 b

1    3 years to a maximum of the natural life of the defendant;
2        (5) if the victim is under 18 years of age, for a
3    second or subsequent offense of aggravated criminal sexual
4    abuse or felony criminal sexual abuse, 4 years, at least
5    the first 2 years of which the defendant shall serve in an
6    electronic monitoring or home detention program under
7    Article 8A of Chapter V of this Code;
8        (6) for a felony domestic battery, aggravated domestic
9    battery, stalking, aggravated stalking, and a felony
10    violation of an order of protection, 4 years;
11        (7) for any felony described in paragraph (a)(2)(ii),
12    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
13    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
14    3-6-3 of the Unified Code of Corrections requiring an
15    inmate to serve a minimum of 85% of their court-imposed
16    sentence, except for the offenses of predatory criminal
17    sexual assault of a child, aggravated criminal sexual
18    assault, and criminal sexual assault if committed on or
19    after December 13, 2005 (the effective date of Public Act
20    94-715) and except for the offense of aggravated child
21    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
22    with sentencing under subsection (c-5) of Section 11-20.1
23    of the Criminal Code of 1961 or the Criminal Code of 2012,
24    if committed on or after January 1, 2009 and except as
25    provided in paragraph (4) or paragraph (6) of this
26    subsection (d), the term of mandatory supervised release

 

 

HB5021- 36 -LRB102 25404 RLC 34688 b

1    shall be as follows:
2            (A) Class X felony, 3 years;
3            (B) Class 1 or Class 2 felonies, 2 years;
4            (C) Class 3 or Class 4 felonies, 1 year.
5    (e) (Blank).
6    (f) (Blank).
7    (g) Notwithstanding any other provisions of this Act and
8of Public Act 101-652: (i) the provisions of paragraph (3) of
9subsection (d) are effective on January 1, 2022 and shall
10apply to all individuals convicted on or after the effective
11date of paragraph (3) of subsection (d); and (ii) the
12provisions of paragraphs (1.5) and (2) of subsection (d) are
13effective on July 1, 2021 and shall apply to all individuals
14convicted on or after the effective date of paragraphs (1.5)
15and (2) of subsection (d).
16(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
17102-28, eff. 6-25-21; 102-687, eff. 12-17-21.)