093_SB0125eng

 
SB125 Engrossed                      LRB093 06586 RLC 06716 b

 1        AN ACT in relation to 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
 5    by  changing  Sections 3-3-2 and 5-5-5 and adding Article 5.5
 6    to Chapter V as follows:

 7        (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
 8        Sec. 3-3-2.  Powers and Duties.
 9        (a)  The Parole and Pardon Board  is  abolished  and  the
10    term  "Parole  and  Pardon  Board"  as  used  in  any  law of
11    Illinois, shall  read  "Prisoner  Review  Board."  After  the
12    effective  date  of this amendatory Act of 1977, the Prisoner
13    Review Board shall provide by rule for the orderly transition
14    of all files, records, and documents of the Parole and Pardon
15    Board and for such other steps as may be necessary to  effect
16    an orderly transition and shall:
17             (1)  hear by at least one member and through a panel
18        of at least 3 members decide, cases of prisoners who were
19        sentenced  under the law in effect prior to the effective
20        date of this amendatory Act of 1977, and who are eligible
21        for parole;
22             (2)  hear by at least one member and through a panel
23        of at least 3 members decide, the  conditions  of  parole
24        and  the  time of discharge from parole, impose sanctions
25        for violations of parole, and  revoke  parole  for  those
26        sentenced   under   the  law  in  effect  prior  to  this
27        amendatory Act of 1977; provided  that  the  decision  to
28        parole and the conditions of parole for all prisoners who
29        were  sentenced for first degree murder or who received a
30        minimum sentence of 20 years or more  under  the  law  in
31        effect prior to February 1, 1978 shall be determined by a
 
SB125 Engrossed             -2-      LRB093 06586 RLC 06716 b
 1        majority vote of the Prisoner Review Board;
 2             (3)  hear by at least one member and through a panel
 3        of at least 3 members decide, the conditions of mandatory
 4        supervised   release  and  the  time  of  discharge  from
 5        mandatory  supervised  release,  impose   sanctions   for
 6        violations  of  mandatory  supervised release, and revoke
 7        mandatory supervised release for  those  sentenced  under
 8        the  law  in  effect  after  the  effective  date of this
 9        amendatory Act of 1977;
10             (4)  hear by at least 1 member and through  a  panel
11        of  at  least  3  members,  decide  cases  brought by the
12        Department of  Corrections  against  a  prisoner  in  the
13        custody  of  the  Department  for  alleged  violation  of
14        Department  rules  with  respect  to good conduct credits
15        pursuant to Section 3-6-3  of  this  Code  in  which  the
16        Department  seeks  to revoke good conduct credits, if the
17        amount of time at issue exceeds 30 days or  when,  during
18        any  12  month  period,  the  cumulative amount of credit
19        revoked exceeds 30 days except where  the  infraction  is
20        committed  or  discovered  within  60  days  of scheduled
21        release. In such cases, the Department of Corrections may
22        revoke up to 30 days of good conduct  credit.  The  Board
23        may  subsequently  approve  the  revocation of additional
24        good conduct credit, if the Department  seeks  to  revoke
25        good  conduct  credit  in excess of thirty days. However,
26        the  Board  shall  not  be  empowered   to   review   the
27        Department's decision with respect to the loss of 30 days
28        of  good  conduct  credit for any prisoner or to increase
29        any  penalty  beyond  the   length   requested   by   the
30        Department;
31             (5)  hear by at least one member and through a panel
32        of  at  least  3  members  decide,  the release dates for
33        certain prisoners sentenced under the  law  in  existence
34        prior  to  the  effective  date of this amendatory Act of
 
SB125 Engrossed             -3-      LRB093 06586 RLC 06716 b
 1        1977, in accordance with Section 3-3-2.1 of this Code;
 2             (6)  hear by at least one member and through a panel
 3        of at least 3 members decide, all  requests  for  pardon,
 4        reprieve    or   commutation,   and   make   confidential
 5        recommendations to the Governor;
 6             (7)  comply with the requirements of the Open Parole
 7        Hearings Act; and
 8             (8)  hear by at least  one  member  and,  through  a
 9        panel  of at least 3 members, decide cases brought by the
10        Department of  Corrections  against  a  prisoner  in  the
11        custody  of  the  Department  for  court  dismissal  of a
12        frivolous lawsuit pursuant to Section  3-6-3(d)  of  this
13        Code  in  which  the Department seeks to revoke up to 180
14        days of good conduct credit, and if the prisoner has  not
15        accumulated  180  days of good conduct credit at the time
16        of  the  dismissal,  then   all   good   conduct   credit
17        accumulated by the prisoner shall be revoked; and.
18             (9)  hear by at least 3 members, and through a panel
19        of  at  least  3  members,  decide as to whether to grant
20        certificates of relief from disabilities or  certificates
21        of good conduct as provided in Article 5.5 of Chapter V.
22        (a-5)  The Prisoner Review Board, with the cooperation of
23    and  in  coordination  with the Department of Corrections and
24    the  Department  of  Central   Management   Services,   shall
25    implement  a  pilot  project  in  3 correctional institutions
26    providing for the conduct of hearings  under  paragraphs  (1)
27    and (4) of subsection (a) of this Section through interactive
28    video conferences.  The project shall be implemented within 6
29    months  after  the  effective  date of this amendatory Act of
30    1996.  Within 6 months after the implementation of the  pilot
31    project,  the  Prisoner Review Board, with the cooperation of
32    and in coordination with the Department  of  Corrections  and
33    the  Department  of Central Management Services, shall report
34    to the Governor and the General Assembly regarding  the  use,
 
SB125 Engrossed             -4-      LRB093 06586 RLC 06716 b
 1    costs,  effectiveness,  and  future  viability of interactive
 2    video conferences for Prisoner Review Board hearings.
 3        (b)  Upon recommendation of the Department the Board  may
 4    restore good conduct credit previously revoked.
 5        (c)  The  Board  shall  cooperate  with the Department in
 6    promoting  an  effective  system  of  parole  and   mandatory
 7    supervised release.
 8        (d)  The  Board shall promulgate rules for the conduct of
 9    its work, and the Chairman shall file a copy  of  such  rules
10    and  any  amendments  thereto  with the Director and with the
11    Secretary of State.
12        (e)  The Board shall keep records of all of its  official
13    actions and shall make them accessible in accordance with law
14    and the rules of the Board.
15        (f)  The  Board  or  one  who  has allegedly violated the
16    conditions of his parole or mandatory supervised release  may
17    require by subpoena the attendance and testimony of witnesses
18    and  the  production  of documentary evidence relating to any
19    matter under investigation or hearing. The  Chairman  of  the
20    Board  may  sign subpoenas which shall be served by any agent
21    or public official authorized by the Chairman of  the  Board,
22    or  by  any  person  lawfully  authorized to serve a subpoena
23    under the laws of the State of Illinois.  The  attendance  of
24    witnesses, and the production of documentary evidence, may be
25    required from any place in the State to a hearing location in
26    the  State before the Chairman of the Board or his designated
27    agent  or  agents  or  any  duly  constituted  Committee   or
28    Subcommittee  of  the  Board.  Witnesses so summoned shall be
29    paid the same fees and mileage that are paid witnesses in the
30    circuit courts of the State, and witnesses whose  depositions
31    are  taken  and the persons taking those depositions are each
32    entitled to the same fees as are paid for  like  services  in
33    actions  in the circuit courts of the State. Fees and mileage
34    shall be vouchered for payment when the witness is discharged
 
SB125 Engrossed             -5-      LRB093 06586 RLC 06716 b
 1    from further attendance.
 2        In case of disobedience to  a  subpoena,  the  Board  may
 3    petition  any  circuit  court  of  the  State  for  an  order
 4    requiring  the  attendance  and testimony of witnesses or the
 5    production of documentary evidence or both. A  copy  of  such
 6    petition shall be served by personal service or by registered
 7    or  certified mail upon the person who has failed to obey the
 8    subpoena, and such person shall be advised in writing that  a
 9    hearing  upon  the petition will be requested in a court room
10    to be designated in such  notice  before  the  judge  hearing
11    motions  or  extraordinary remedies at a specified time, on a
12    specified date, not less than 10 nor more than 15 days  after
13    the deposit of the copy of the written notice and petition in
14    the  U.S.  mails  addressed  to  the person at his last known
15    address or after the personal service  of  the  copy  of  the
16    notice  and  petition  upon  such  person. The court upon the
17    filing of such a petition, may order the person  refusing  to
18    obey  the  subpoena to appear at an investigation or hearing,
19    or to there produce documentary evidence, if so  ordered,  or
20    to  give  evidence  relative  to  the  subject matter of that
21    investigation or hearing. Any failure to obey such  order  of
22    the circuit court may be punished by that court as a contempt
23    of court.
24        Each   member  of  the  Board  and  any  hearing  officer
25    designated by the Board shall have the  power  to  administer
26    oaths and to take the testimony of persons under oath.
27        (g)  Except  under  subsection  (a)  of  this  Section, a
28    majority of the members then appointed to the Prisoner Review
29    Board shall constitute a quorum for the  transaction  of  all
30    business of the Board.
31        (h)  The Prisoner Review Board shall annually transmit to
32    the  Director a detailed report of its work for the preceding
33    calendar year. The annual report shall also be transmitted to
34    the Governor for submission to the Legislature.
 
SB125 Engrossed             -6-      LRB093 06586 RLC 06716 b
 1    (Source:  P.A.  90-14,  eff.  7-1-97;  91-798,  eff.  7-9-00;
 2    91-946, eff. 2-9-01.)

 3        (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
 4        Sec. 5-5-5. Loss and Restoration of Rights.
 5        (a) Conviction and disposition shall not entail the  loss
 6    by  the  defendant  of  any  civil  rights, except under this
 7    Section and Sections 29-6 and 29-10 of The Election Code,  as
 8    now or hereafter amended.
 9        (b)  A  person  convicted of a felony shall be ineligible
10    to hold an office created by the Constitution of  this  State
11    until the completion of his sentence.
12        (c)  A  person  sentenced  to imprisonment shall lose his
13    right to vote until released from imprisonment.
14        (d)  On completion of sentence of  imprisonment  or  upon
15    discharge  from  probation, conditional discharge or periodic
16    imprisonment, or at any time thereafter, all  license  rights
17    and  privileges  granted  under  the  authority of this State
18    which have been revoked or suspended because of conviction of
19    an offense shall be  restored  unless  the  authority  having
20    jurisdiction of such license rights finds after investigation
21    and  hearing  that restoration is not in the public interest.
22    This paragraph (d) shall  not  apply  to  the  suspension  or
23    revocation  of a license to operate a motor vehicle under the
24    Illinois Vehicle Code.
25        (e)  Upon a  person's  discharge  from  incarceration  or
26    parole, or upon a person's discharge from probation or at any
27    time  thereafter,  the  committing  court  may enter an order
28    certifying  that  the  sentence   has   been   satisfactorily
29    completed  when  the  court  believes  it would assist in the
30    rehabilitation of the  person  and  be  consistent  with  the
31    public  welfare. Such order may be entered upon the motion of
32    the defendant or the State or upon the court's own motion.
33        (f)  Upon entry of the order, the court  shall  issue  to
 
SB125 Engrossed             -7-      LRB093 06586 RLC 06716 b
 1    the  person  in  whose  favor  the  order  has been entered a
 2    certificate stating that his behavior  after  conviction  has
 3    warranted the issuance of the order.
 4        (g)  This  Section  shall  not  affect  the  right  of  a
 5    defendant to collaterally attack his conviction or to rely on
 6    it in bar of subsequent proceedings for the same offense.
 7        (h)  No application for any license or privileges granted
 8    under  the  authority of this State shall be denied by reason
 9    of an eligible offender, as defined in Article  5.5  of  this
10    Chapter,  having  been  previously  convicted  of one or more
11    criminal offenses, or by reason of a finding of lack of "good
12    moral character" when the finding is based upon the fact that
13    the applicant has previously been convicted of  one  or  more
14    criminal offenses, unless:
15             (1)  there  is  a direct relationship between one or
16        more of the previous criminal offenses and  the  specific
17        license sought; or
18             (2)  the  issuance of the license or the granting of
19        the employment would  involve  an  unreasonable  risk  to
20        property   or  to  the  safety  or  welfare  of  specific
21        individuals or the general public.
22        In making such  a  determination,  the  licensing  agency
23    shall consider the following factors:
24             (1)  the  public  policy of this State, as expressed
25        in  Article  5.5  of  this  Chapter,  to  encourage   the
26        licensure  and employment of persons previously convicted
27        of one or more criminal offenses;
28             (2)  the  specific   duties   and   responsibilities
29        necessarily  related  to  the license or employment being
30        sought;
31             (3)  the bearing, if any, the criminal  offenses  or
32        offenses  for  which  the person was previously convicted
33        will have on his or her fitness or ability to perform one
34        or more such duties and responsibilities;
 
SB125 Engrossed             -8-      LRB093 06586 RLC 06716 b
 1             (4)  the time which has elapsed since the occurrence
 2        of the criminal offense or offenses;
 3             (5)  the age of the person at the time of occurrence
 4        of the criminal offense or offenses;
 5             (6)  the seriousness of the offense or offenses;
 6             (7)  any  information  produced  by  the  person  or
 7        produced on his or her behalf in regard  to  his  or  her
 8        rehabilitation  and good conduct, including a certificate
 9        of relief from  disabilities  issued  to  the  applicant,
10        which   certificate   shall   create   a  presumption  of
11        rehabilitation in  regard  to  the  offense  or  offenses
12        specified in the certificate; and
13             (8)  the legitimate interest of the licensing agency
14        in  protecting  property,  and the  safety and welfare of
15        specific individuals or the general public.
16        (i)  A certificate of relief from disabilities  shall  be
17    issued  only  to  restore  a  license or certification issued
18    under the following Acts:
19             (1)  the Animal Welfare Act;
20             (2)  the Illinois Athletic Trainers Practice Act;
21             (3)  the Barber, Cosmetology,  Esthetics,  and  Nail
22        Technology Act of 1985;
23             (4)  the   Boiler   and   Pressure  Vessel  Repairer
24        Regulation Act;
25             (5)  the Professional Boxing Act;
26             (6)  the Illinois Certified Shorthand Reporters  Act
27        of 1984;
28             (7)  the     Illinois    Farm    Labor    Contractor
29        Certification Act;
30             (8)  the Interior Design Title Act;
31             (9)  the Illinois Professional Land Surveyor Act  of
32        1989;
33             (10)  the  Illinois  Landscape  Architecture  Act of
34        1989;
 
SB125 Engrossed             -9-      LRB093 06586 RLC 06716 b
 1             (11)  the Marriage and Family Therapy Licensing Act;
 2             (12)  the Private Employment Agency Act;
 3             (13)  the  Professional   Counselor   and   Clinical
 4        Professional Counselor Licensing Act;
 5             (14)  the Real Estate License Act of 2000; and
 6             (15)  the Illinois Roofing Industry Licensing Act.
 7    (Source: P.A. 86-558.)

 8        (730 ILCS 5/Chap. V, Art. 5.5 heading new)
 9        ARTICLE  5.5.  DISCRETIONARY  RELIEF FROM FORFEITURES AND
10    DISABILITIES AUTOMATICALLY IMPOSED BY LAW

11        (730 ILCS 5/5-5.5-5 new)
12        Sec. 5-5.5-5. Definitions and rules of  construction.  In
13    this Article:
14        "Eligible  offender"  shall  mean  a  person who has been
15    convicted of a crime or of an offense that is not a crime  of
16    violence  as  defined  in  Section  2  of  the  Crime Victims
17    Compensation Act, but who has not been  convicted  more  than
18    once of a felony.
19        "Felony" means a conviction of a felony in this State, or
20    of  an offense in any other jurisdiction for which a sentence
21    to a term of  imprisonment  in  excess  of  one  year,  or  a
22    sentence of death, was authorized.
23        For  the  purposes of this Article the following rules of
24    construction apply:
25             (i)  two or more convictions of felonies charged  in
26        separate counts of one indictment or information shall be
27        deemed to be one conviction;
28             (ii)  two or more convictions of felonies charged in
29        2  or more indictments or informations, filed in the same
30        court prior to entry of judgment under any of them, shall
31        be deemed to be one conviction; and
32             (iii)  a plea or a verdict of guilty  upon  which  a
 
SB125 Engrossed             -10-     LRB093 06586 RLC 06716 b
 1        sentence   of   probation,   conditional   discharge,  or
 2        supervision has been imposed shall  be  deemed  to  be  a
 3        conviction.

 4        (730 ILCS 5/5-5.5-10 new)
 5        Sec. 5-5.5-10. Certificate of relief from disabilities.
 6        (a)  A  certificate  of  relief  from disabilities may be
 7    granted as provided in this Article to  relieve  an  eligible
 8    offender of any forfeiture or disability or to remove any bar
 9    to  his  or  her  employment  automatically imposed by law by
10    reason of his or her  conviction  of  the  crime  or  of  the
11    offense  specified in the certificate. The certificate may be
12    limited to one or more enumerated forfeitures,  disabilities,
13    or  bars,  or  may  relieve  the  eligible  offender  of  all
14    forfeitures,  disabilities,  and  bars.  No certificate shall
15    apply, or be construed so as to apply, to the  right  of  the
16    person to retain or to be eligible for public office.
17        (b)   Notwithstanding  any  other  provision  of  law,  a
18    conviction of a  crime  or  of  an  offense  specified  in  a
19    certificate  of  relief  from  disabilities  does  not  cause
20    automatic  forfeiture  of any license, permit, employment, or
21    franchise, including the right to register for or vote at  an
22    election,  or  automatic  forfeiture  of  any  other right or
23    privilege held by the eligible offender and  covered  by  the
24    certificate.  The  conviction  may  not  be  deemed  to  be a
25    conviction within the meaning of any provision  of  law  that
26    imposes,  by reason of a conviction, a bar to any employment,
27    a disability to exercise any right or a disability  to  apply
28    for  or to receive any license, permit, or other authority or
29    privilege covered by the certificate;  provided,  however,  a
30    conviction  for  a  second or subsequent violation of Section
31    11-501 of the Illinois  Vehicle  Code  committed  within  the
32    preceding  10 years shall impose a disability to apply for or
33    receive a  driver's  license  or  permit  during  the  period
 
SB125 Engrossed             -11-     LRB093 06586 RLC 06716 b
 1    provided  in  that  Code.  A  certificate  of  relief  from a
 2    disability imposed  under  Section  11-501  of  the  Illinois
 3    Vehicle  Code  may  only  be issued upon a determination that
 4    compelling circumstances warrant that relief.
 5        (c) A certificate of relief from disabilities  does  not,
 6    however,  in  any  way  prevent any judicial, administrative,
 7    licensing, or other body, board, or  authority  from  relying
 8    upon the conviction specified in the certificate as the basis
 9    for  the  exercise  of  its  discretionary  power to suspend,
10    revoke, or refuse to issue or refuse to  renew  any  license,
11    permit, or other authority or privilege.

12        (730 ILCS 5/5-5.5-15 new)
13        Sec.  5-5.5-15.  Certificates of relief from disabilities
14    issued by courts.
15        (a)  Any  circuit  court  of  this  State  may,  in   its
16    discretion,  issue  a certificate of relief from disabilities
17    to an eligible offender for a  conviction  that  occurred  in
18    that  court  if  the  court imposed a sentence other than one
19    executed by commitment to an institution under the Department
20    of Corrections. The certificate may be issued (i) at the time
21    sentence is pronounced, in which case  it  may  grant  relief
22    from forfeitures as well as from disabilities, or (ii) at any
23    time  thereafter,  in  which  case  it  shall  apply  only to
24    disabilities.
25        (b)  The certificate may  not  be  issued  by  the  court
26    unless the court is satisfied that:
27             (1)  the  person  to  whom it is to be granted is an
28        eligible offender, as defined in Section 5-5.5-5;
29             (2)  the relief to be granted by the certificate  is
30        consistent   with  the  rehabilitation  of  the  eligible
31        offender; and
32             (3)  the relief to be granted by the certificate  is
33        consistent with the public interest.
 
SB125 Engrossed             -12-     LRB093 06586 RLC 06716 b
 1        (c)  If  a certificate of relief from disabilities is not
 2    issued at the time sentence is pronounced it  shall  only  be
 3    issued thereafter upon verified application to the court. The
 4    court  may,  for  the  purpose  of  determining  whether  the
 5    certificate  shall  be issued, request the probation or court
 6    services  department  to  conduct  an  investigation  of  the
 7    applicant.  Any  probation  officer  requested  to  make   an
 8    investigation  under this Section shall prepare and submit to
 9    the court a written report in accordance with the request.
10        (d) Any court that has issued  a  certificate  of  relief
11    from  disabilities may at any time issue a new certificate to
12    enlarge the  relief  previously  granted  provided  that  the
13    provisions  of  clauses  (1) through (3) of subsection (b) of
14    this  Section  apply  to  the  issuance  of  any   such   new
15    certificate.
16        (e)  Any written report submitted to the court under this
17    Section  is confidential and may not be made available to any
18    person or public or private  agency  except  if  specifically
19    required   or   permitted   by   statute   or  upon  specific
20    authorization  of  the  court.  However,  it  shall  be  made
21    available by the court for  examination  by  the  applicant's
22    attorney,  or  the applicant himself or herself, if he or she
23    has no attorney. In its discretion, the court may except from
24    disclosure a part  or  parts  of  the  report  that  are  not
25    relevant  to  the  granting  of  a certificate, or sources of
26    information  which  have  been  obtained  on  a  promise   of
27    confidentiality,   or   any  other  portion  of  the  report,
28    disclosure of which would not be in the interest of  justice.
29    The action of the court excepting information from disclosure
30    shall  be  subject  to  appellate  review.  The court, in its
31    discretion, may  hold  a  conference  in  open  court  or  in
32    chambers  to afford an applicant an opportunity to controvert
33    or to comment upon any portions of the report. The court  may
34    also  conduct  a  summary  hearing  at  the conference on any
 
SB125 Engrossed             -13-     LRB093 06586 RLC 06716 b
 1    matter relevant to the granting of the  application  and  may
 2    take testimony under oath.

 3        (730 ILCS 5/5-5.5-20 new)
 4        Sec.  5-5.5-20.  Certificates of relief from disabilities
 5    issued by the Prisoner Review Board.
 6        (a) The Prisoner Review Board shall  have  the  power  to
 7    issue a certificate of relief from disabilities to:
 8             (1)    any  eligible offender who has been committed
 9        to  an  institution  under  the   jurisdiction   of   the
10        Department  of Corrections. The certificate may be issued
11        by the Board at the time the offender  is  released  from
12        the   institution  under  the  conditions  of  parole  or
13        mandatory supervised release or at any  time  thereafter;
14        or
15             (2)  any  eligible  offender who resides within this
16        State and whose judgment of conviction was rendered by  a
17        court in any other jurisdiction.
18        (b) If the Prisoner Review Board has issued a certificate
19    of  relief from disabilities, the Board may at any time issue
20    a new certificate enlarging the relief previously granted.
21        (c)  The  Prisoner  Review  Board  may  not   issue   any
22    certificate of relief from disabilities under subsections (a)
23    or (b), unless the Board is satisfied that:
24             (1)  the  person  to  whom it is to be granted is an
25        eligible offender, as defined in Section 5-5.5-5;
26             (2)  the relief to be granted by the certificate  is
27        consistent   with  the  rehabilitation  of  the  eligible
28        offender; and
29             (3)  the relief to be granted by the certificate  is
30        consistent with the public interest.
31        (d)  Any  certificate  of relief from disabilities issued
32    by the Prisoner Review Board to an eligible offender, who  at
33    time  of  the  issuance  of  the  certificate  is  under  the
 
SB125 Engrossed             -14-     LRB093 06586 RLC 06716 b
 1    conditions   of   parole   or  mandatory  supervised  release
 2    established by the Board, shall be deemed to be  a  temporary
 3    certificate  until  such  time  as  the  eligible offender is
 4    discharged from parole or mandatory supervised release,  and,
 5    while  temporary, the certificate may be revoked by the Board
 6    for violation  of  the  conditions  of  parole  or  mandatory
 7    supervised  release.  Revocation  shall be upon notice to the
 8    parolee or releasee, who shall be accorded an opportunity  to
 9    explain  the  violation prior to a decision on the revocation
10    of the certificate. If the certificate is not so revoked,  it
11    shall  become  a  permanent  certificate  upon  expiration or
12    termination of the offender's parole or mandatory  supervised
13    release term.
14        (e)  In granting or revoking a certificate of relief from
15    disabilities, the action of the Prisoner Review  Board  shall
16    be  by  unanimous  vote of the members authorized to grant or
17    revoke parole or mandatory supervised release.
18        (f)  The certificate  may  be  limited  to  one  or  more
19    enumerated   disabilities   or   bars,  or  may  relieve  the
20    individual of all disabilities and bars.

21        (730 ILCS 5/5-5.5-25 new)
22        Sec. 5-5.5-25. Certificate of good conduct.
23        (a)  A certificate of good  conduct  may  be  granted  as
24    provided  in  this Section to relieve an eligible offender of
25    any  disability,  or  to  remove  any  bar  to  his  or   her
26    employment,  automatically imposed by law by reason of his or
27    her conviction of the crime or of the  offense  specified  in
28    the  certificate.  The  certificate  may be limited to one or
29    more enumerated disabilities  or  bars  or  may  relieve  the
30    individual of all disabilities and bars.
31        (b)  Notwithstanding   any  other  provision  of  law,  a
32    conviction of a  crime  or  of  an  offense  specified  in  a
33    certificate  of  good  conduct  may  not  be  deemed  to be a
 
SB125 Engrossed             -15-     LRB093 06586 RLC 06716 b
 1    conviction within the meaning of any provision  of  law  that
 2    imposes,  by reason of a conviction, a bar to any employment,
 3    a disability to exercise any right or a disability  to  apply
 4    for  or  to receive any license, permit or other authority or
 5    privilege covered by the certificate.
 6        (c)  A certificate of good conduct may not,  however,  in
 7    any  way  prevent any judicial, administrative, licensing, or
 8    other  body,  board,  or  authority  from   considering   the
 9    conviction  specified  in  the certificate in accordance with
10    the provisions of this Article.

11        (730 ILCS 5/5-5.5-30 new)
12        Sec. 5-5.5-30. Issuance of certificate of good conduct.
13        (a)  The Prisoner Review Board, or any 3 members  of  the
14    Board  by  unanimous  vote,  shall  have the power to issue a
15    certificate  of  good  conduct  to  any   eligible   offender
16    previously convicted of a crime in this State, when the Board
17    is satisfied that:
18             (1)  the  applicant has conducted himself or herself
19        in a manner warranting the issuance for a minimum  period
20        in  accordance  with  the provisions of subsection (c) of
21        this Section;
22             (2)  the relief to be granted by the certificate  is
23        consistent with the rehabilitation of the applicant; and
24             (3)  the relief to be granted is consistent with the
25        public interest.
26        (b)  The  Prisoner  Review Board, or any 3 members of the
27    Board by unanimous vote, shall have  the  power  to  issue  a
28    certificate   of   good  conduct  to  any  person  previously
29    convicted of a crime in  any  other  jurisdiction,  when  the
30    Board is satisfied that:
31             (1)  the applicant has demonstrated that there exist
32        specific facts and circumstances and specific Sections of
33        Illinois  State  law  that  have an adverse impact on the
 
SB125 Engrossed             -16-     LRB093 06586 RLC 06716 b
 1        applicant and warrant the application for  relief  to  be
 2        made in Illinois; and
 3             (2)  the  provisions of paragraphs (1), (2), and (3)
 4        of subsection (a) of this Section have been met.
 5        (c)  The minimum period of good conduct by the individual
 6    referred to in  paragraph  (1)  of  subsection  (a)  of  this
 7    Section,  shall  be  as follows: if the most serious crime of
 8    which the individual was  convicted  is  a  misdemeanor,  the
 9    minimum period of good conduct shall be one year; if the most
10    serious  crime  of  which  the  individual was convicted is a
11    Class 1, 2, 3, or  4  felony,  the  minimum  period  of  good
12    conduct  shall  be 3 years; and, if the most serious crime of
13    which the individual was convicted is first degree murder  or
14    a Class X felony, the minimum period of good conduct shall be
15    5  years.  Criminal acts committed outside the State shall be
16    classified as acts committed within the State  based  on  the
17    maximum  sentence that could have been imposed based upon the
18    conviction under the laws of the  foreign  jurisdiction.  The
19    minimum  period  of  good  conduct by the individual shall be
20    measured either from the date of  the  payment  of  any  fine
21    imposed  upon  him  or  her,  or  from the date of his or her
22    release from custody by parole, mandatory supervised  release
23    or  commutation  or  termination  of his or her sentence. The
24    Board  shall  have  power  and  it  shall  be  its  duty   to
25    investigate  all  persons when the application is made and to
26    grant or deny the same within a  reasonable  time  after  the
27    making of the application.
28        (d) If the Prisoner Review Board has issued a certificate
29    of  good  conduct,  the  Board  may  at  any time issue a new
30    certificate enlarging the relief previously granted.
31        (e) Any certificate  of  good  conduct  by  the  Prisoner
32    Review Board to an individual who at the time of the issuance
33    of  the  certificate  is  under  the  conditions of parole or
34    mandatory supervised release imposed by the  Board  shall  be
 
SB125 Engrossed             -17-     LRB093 06586 RLC 06716 b
 1    deemed  to  be  a temporary certificate until the time as the
 2    individual  is  discharged  from  the  terms  of  parole   or
 3    mandatory  supervised  release,  and,  while  temporary,  the
 4    certificate  may be revoked by the Board for violation of the
 5    conditions  of  parole  or  mandatory   supervised   release.
 6    Revocation  shall  be upon notice to the parolee or releasee,
 7    who shall be accorded an opportunity to explain the violation
 8    prior to a decision on the revocation. If the certificate  is
 9    not  so revoked, it shall become a permanent certificate upon
10    expiration  or  termination  of  the  offender's  parole   or
11    mandatory supervised release term.

12        (730 ILCS 5/5-5.5-35 new)
13        Sec.  5-5.5-35.  Effect  of  revocation;  use  of revoked
14    certificate.
15        (a) If a  certificate  of  relief  from  disabilities  is
16    deemed  to  be  temporary  and  the  certificate  is revoked,
17    disabilities  and  forfeitures  thereby  relieved  shall   be
18    reinstated  as  of the date upon which the person to whom the
19    certificate  was  issued  receives  written  notice  of   the
20    revocation.  Any such person shall upon receipt of the notice
21    surrender the certificate to the issuing court or Board.
22        (b) A person who knowingly uses  or  attempts  to  use  a
23    revoked  certificate  of relief from disabilities in order to
24    obtain or to exercise any right or privilege that he  or  she
25    would  not  be  entitled  to  obtain or to exercise without a
26    valid certificate is guilty of a Class A misdemeanor.

27        (730 ILCS 5/5-5.5-40 new)
28        Sec. 5-5.5-40. Forms and filing.
29        (a)  All  applications,  certificates,  and   orders   of
30    revocation  necessary  for the purposes of this Article shall
31    be  upon  forms  prescribed  under  an  agreement  among  the
32    Director of Corrections and  the  Chairman  of  the  Prisoner
 
SB125 Engrossed             -18-     LRB093 06586 RLC 06716 b
 1    Review  Board  and  the Chief Justice of the Supreme Court or
 2    his or her designee. The forms relating  to  certificates  of
 3    relief from disabilities shall be distributed by the Director
 4    of  the  Division of Probation Services and forms relating to
 5    certificates of good conduct  shall  be  distributed  by  the
 6    Chairman of the Prisoner Review Board.
 7        (b)   Any   court   or  board  issuing  or  revoking  any
 8    certificate under this Article shall immediately file a  copy
 9    of  the  certificate  or  of the order of revocation with the
10    Director of State Police.

11        (730 ILCS 5/5-5.5-45 new)
12        Sec. 5-5.5-45. Certificate not  to  be  deemed  to  be  a
13    pardon.  Nothing contained in this Article shall be deemed to
14    alter or limit or affect the manner of applying  for  pardons
15    to the Governor, and no certificate issued under this Article
16    shall be deemed or construed to be a pardon.

17        (730 ILCS 5/5-5.5-50 new)
18        Sec.  5-5.5-50.  Report.  The  Department of Professional
19    Regulation shall report to the General Assembly  by  November
20    30  of  each  year, for each occupational licensure category,
21    the number of licensure applicants with  felony  convictions,
22    the  number  of  applicants  with certificates of relief from
23    disabilities, the number of licenses  awarded  to  applicants
24    with  felony  convictions,  the number of licenses awarded to
25    applicants with certificates of relief from disabilities, the
26    number of applicants with felony convictions denied licenses,
27    and the number of applicants with certificates of relief from
28    disabilities denied licenses.

29        Section 99.   Effective  date.   This  Act  takes  effect
30    January 1, 2004.