Full Text of HB2045 103rd General Assembly
HB2045 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2045 Introduced 2/7/2023, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-3-3 | from Ch. 38, par. 1003-3-3 | 730 ILCS 5/3-3-5 | from Ch. 38, par. 1003-3-5 | 730 ILCS 5/3-3-16 new | |
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Amends the Unified Code of Corrections. Provides that a person serving a term of natural life imprisonment is eligible for parole and mandatory supervised release under these provisions. Deletes a provision that no person serving a term of natural life imprisonment may be paroled
or released except through executive clemency. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Provides that the Board shall hold a hearing on each petition, and in determining whether an eligible person should be granted parole, the Prisoner Review Board shall consider certain statutory factors as shown by the petition or as shown at the hearing. Provides that victims' families shall be notified in a timely manner and be provided opportunity to participate at the parole hearing concerning the petitioner's application for parole under these provisions in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and these provisions. Provides that Prisoner Review Board hearings under these provisions shall be conducted by a panel of at least 8 members of the
Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing and shall state the basis therefor both in the records of the Board and in written notice to the person on whose petition it has acted. Provides that in its decision, the Board shall set the person's time for parole, or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that these provisions apply retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-3 and 3-3-5 and by adding Section 3-3-16 | 6 | | as follows:
| 7 | | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 8 | | Sec. 3-3-3. Eligibility for parole or release.
| 9 | | (a) Except for those offenders who accept the fixed | 10 | | release
date established by the Prisoner Review Board under | 11 | | Section
3-3-2.1, every person serving a term of imprisonment | 12 | | under
the law in effect prior to the effective date of this
| 13 | | amendatory Act of 1977 shall be eligible for parole when
he or | 14 | | she has served:
| 15 | | (1) the minimum term of an indeterminate sentence less
| 16 | | time credit for good behavior, or 20 years less time | 17 | | credit
for good behavior, whichever is less; or
| 18 | | (2) 20 years of a life sentence less time credit for | 19 | | good behavior; or
| 20 | | (3) 20 years or one-third of a determinate sentence,
| 21 | | whichever is less, less time credit for good behavior.
| 22 | | (b) No person sentenced under this amendatory Act of 1977 | 23 | | or who accepts
a release date under Section 3-3-2.1 shall be |
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| 1 | | eligible for parole.
| 2 | | (c) Subject to Section 3-3-16 Except for those sentenced | 3 | | to a term of natural
life imprisonment , every person sentenced | 4 | | to imprisonment
under this amendatory Act of 1977 or given a | 5 | | release date
under Section 3-3-2.1 of this Act shall serve the | 6 | | full term
of a determinate sentence less time credit for good | 7 | | behavior
and shall then be released under the mandatory | 8 | | supervised
release provisions of paragraph (d) of Section | 9 | | 5-8-1 of this Code.
| 10 | | (d) (Blank). No person serving a term of natural life | 11 | | imprisonment may be paroled
or released except through | 12 | | executive clemency.
| 13 | | (d-5) A person serving a term of natural life imprisonment | 14 | | is eligible for parole under Section 3-3-16 and mandatory | 15 | | supervised release under subsection (d) of Section 5-8-1. | 16 | | (e) Every person committed to the Department of Juvenile | 17 | | Justice under the Juvenile
Court Act
of 1987 and confined in | 18 | | the State correctional
institutions or facilities if such | 19 | | juvenile has not been
tried as an adult shall be eligible for | 20 | | aftercare release under Section 3-2.5-85 of this Code.
| 21 | | However, if a juvenile has been tried as an adult he or she | 22 | | shall
only be eligible for parole or mandatory supervised | 23 | | release
as an adult under this Section.
| 24 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| 25 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
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| 1 | | Sec. 3-3-5. Hearing and determination.
| 2 | | (a) The Prisoner
Review Board shall meet as often as need | 3 | | requires to consider
the cases of persons eligible for parole. | 4 | | Except as otherwise
provided in paragraph (2) of subsection | 5 | | (a) of Section 3-3-2
or in Section 3-3-16 of this Act, the | 6 | | Prisoner Review Board may meet and
order its actions in panels | 7 | | of 3 or more members. The action
of a majority of the panel | 8 | | shall be the action of the Board.
| 9 | | (b) If the person under consideration for parole is in the
| 10 | | custody of the Department, at least one member of the Board
| 11 | | shall interview him or her, and a report of that interview | 12 | | shall be
available for the Board's consideration. However, in | 13 | | the
discretion of the Board, the interview need not be | 14 | | conducted
if a psychiatric examination determines that the | 15 | | person could
not meaningfully contribute to the Board's | 16 | | consideration. The
Board may in its discretion parole a person | 17 | | who is then outside
the jurisdiction on his or her record | 18 | | without an interview. The Board
need not hold a hearing or | 19 | | interview a person who is paroled
under paragraphs (d) or (e) | 20 | | of this Section or released on
Mandatory release under Section | 21 | | 3-3-10.
| 22 | | (c) The Board shall not parole a person eligible for
| 23 | | parole if it determines that:
| 24 | | (1) there is a substantial risk that he or she will not
| 25 | | conform to reasonable conditions of parole or aftercare | 26 | | release; or
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| 1 | | (2) his or her release at that time would deprecate | 2 | | the
seriousness of his or her offense or promote | 3 | | disrespect for the law; or
| 4 | | (3) his or her release would have a substantially | 5 | | adverse
effect on institutional discipline.
| 6 | | (d) (Blank).
| 7 | | (e) A person who has served the maximum term of
| 8 | | imprisonment imposed at the time of sentencing less time
| 9 | | credit for good behavior shall be released on parole to
serve a | 10 | | period of parole under Section 5-8-1.
| 11 | | (f) The Board shall render its decision within a
| 12 | | reasonable time after hearing and shall state the basis
| 13 | | therefor both in the records of the Board and in written
notice | 14 | | to the person on whose application it has acted.
In its | 15 | | decision, the Board shall set the person's time
for parole, or | 16 | | if it denies parole it shall provide for
a rehearing not less | 17 | | frequently than once every
year, except that the Board may,
| 18 | | after denying parole,
schedule a rehearing no later than 5 | 19 | | years from the date of the parole
denial, if the Board finds | 20 | | that it is not reasonable to expect that parole
would be | 21 | | granted at a hearing prior to the scheduled rehearing date. If | 22 | | the
Board shall parole a person, and, if he or she is not | 23 | | released within 90 days from
the effective date of the order | 24 | | granting parole, the matter shall be
returned to the Board for | 25 | | review.
| 26 | | (f-1) If the Board paroles a person who is eligible for |
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| 1 | | commitment as a sexually violent person, the effective date of | 2 | | the Board's order shall be stayed for 90 days for the purpose | 3 | | of evaluation and proceedings under the Sexually Violent | 4 | | Persons Commitment Act. | 5 | | (g) The Board shall maintain a registry of decisions in | 6 | | which parole
has been granted, which shall include the name | 7 | | and case number of the
prisoner, the highest charge for which | 8 | | the prisoner was sentenced, the
length of sentence imposed, | 9 | | the date of the sentence, the date of the
parole, and the basis | 10 | | for the decision of the Board to grant parole and the
vote of | 11 | | the Board on any such decisions. The registry shall be made | 12 | | available
for public inspection and copying during business | 13 | | hours and shall be a public
record pursuant to the provisions | 14 | | of the Freedom of Information Act.
| 15 | | (h) The Board shall promulgate rules regarding the | 16 | | exercise
of its discretion under this Section.
| 17 | | (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; | 18 | | 99-628, eff. 1-1-17 .)
| 19 | | (730 ILCS 5/3-3-16 new) | 20 | | Sec. 3-3-16. Long term incarceration; petition for parole. | 21 | | (a) A committed person who has attained the age of 55 years | 22 | | and served at least 25 consecutive years of incarceration | 23 | | shall be eligible to submit a petition to the Prisoner Review | 24 | | Board seeking parole. | 25 | | (b) The Board shall hold a hearing on each petition, and in |
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| 1 | | determining whether an eligible person should be granted | 2 | | parole, the Prisoner Review Board shall consider the following | 3 | | factors as shown by the petition or as shown at the hearing: | 4 | | (1) a statement by the petitioner as to the reasons | 5 | | why the petitioner believes he or she should be paroled, | 6 | | including estimated costs of continuing imprisonment. This | 7 | | statement may include a risk assessment by a third party; | 8 | | (2) evidence of the petitioner's rehabilitation
during | 9 | | the period of the petitioner's incarceration, including | 10 | | remorse for his or her criminal behavior, if applicable, | 11 | | and his or her commitment not to recidivate. Maintaining | 12 | | innocence shall not prevent a person from being granted | 13 | | parole; | 14 | | (3) character references and community support for the | 15 | | petitioner's release; | 16 | | (4) evidence of the petitioner's participation in | 17 | | educational, vocational, substance abuse, behavior | 18 | | modification programs, life skills courses, re-entry | 19 | | planning, or correctional industry programs and | 20 | | independent efforts at rehabilitation; | 21 | | (5) evidence of the petitioner's employment history in | 22 | | the correctional institution; | 23 | | (6) the petitioner's criminal history; | 24 | | (7) the petitioner's disciplinary history while | 25 | | incarcerated in the correctional institution; and | 26 | | (8) the petitioner's plans for housing upon release |
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| 1 | | from incarceration. | 2 | | If the programs described in paragraph (4) of this
| 3 | | subsection (b) or employment opportunities were not available | 4 | | in the correctional institution, the Board shall not penalize | 5 | | the committed person in his or her petition for parole under | 6 | | this Section. | 7 | | (c) Victims' families shall be notified in a timely manner | 8 | | and be provided the opportunity to participate at the parole | 9 | | hearing concerning the petitioner's application for parole | 10 | | under this Section in accordance with the Rights of Crime | 11 | | Victims and Witnesses Act, the Open Parole Hearings Act, and | 12 | | this Section. | 13 | | (d) Prisoner Review Board hearings under this Section | 14 | | shall be conducted by a panel of at least 8 members of the
| 15 | | Board and a majority vote of the panel is required to grant the | 16 | | petition and release the petitioner on parole. | 17 | | (e) The Board shall render its decision within a | 18 | | reasonable time after hearing and shall state the basis of its | 19 | | decision both in the records of the Board and in written notice | 20 | | to the person on whose petition it has acted. In its decision, | 21 | | the Board shall set the person's time for parole or if it | 22 | | denies parole, it shall provide for a rehearing no later than 3 | 23 | | years after denial of parole. | 24 | | (f) This Section applies retroactively to all persons | 25 | | serving any sentence that was or is imposed before, on, or | 26 | | after the effective date of this amendatory Act of the 103rd |
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| 1 | | General Assembly, and the period of incarceration for | 2 | | eligibility of each such person to submit a petition for | 3 | | parole is based on all previous consecutive years of | 4 | | incarceration served by that person before, on, and after the | 5 | | effective date of this amendatory Act of the 103rd General | 6 | | Assembly. This application of this amendatory Act of the 103rd | 7 | | General Assembly is necessary in order to serve important | 8 | | public purposes, including providing a means for incarcerated | 9 | | individuals to be restored to useful citizenship, and | 10 | | decreasing the rising costs of incarceration.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law. |
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