Full Text of HB3816 100th General Assembly
HB3816 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3816 Introduced , by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-1-2 | from Ch. 38, par. 1003-1-2 | 730 ILCS 5/3-3-2 | from Ch. 38, par. 1003-3-2 | 730 ILCS 5/3-3-3.1 new | |
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Amends the Unified Code of Corrections. Provides that a committed person who is at least 55 years of age and who has served at least 20 consecutive years of imprisonment in a Department of Corrections institution or facility may petition the Prisoner Review Board for participation in the Elderly Rehabilitated Prisoner Supervised Release Program. Provides that if the committed person files the petition, the victims and the families of the victims of the petitioner's offenses shall be notified in a timely manner after the petition is filed. Provides that within 30 days after receiving the petition, the Board shall notify the victims and the families of the victims of the committed person's petition, and it shall provide an opportunity for the victims and their families to submit statements in support of or opposition to the petitioner's participation in the Program. Provides that the Board shall consider the petition in its entirety, including information supplied by the Department of Corrections, and shall not order the release of the petitioner if it finds that the petitioner's release would pose an unacceptable risk of danger to public safety. Provides that if the Board determines that the petitioner should participate in the Program, the Board shall set a date for his or her release that is before the expiration of his or her current sentence. Provides that the Board also shall set conditions for the petitioner's release in accordance with the person's risks, assets, and needs which are identified through an assessment tool provided in the Illinois Crime Reduction Act of 2009.
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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 3-1-2 and 3-3-2 by adding Section 3-3-3.1 as | 6 | | follows:
| 7 | | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| 8 | | Sec. 3-1-2. Definitions. | 9 | | (a) "Chief Administrative Officer" means the
person | 10 | | designated by the Director to exercise the powers and duties of | 11 | | the
Department of Corrections in regard to committed persons | 12 | | within
a correctional institution or facility, and includes the
| 13 | | superintendent of any juvenile institution or facility.
| 14 | | (a-3) "Aftercare release" means the conditional and | 15 | | revocable release of a person committed to the Department of | 16 | | Juvenile Justice under the Juvenile Court Act of 1987, under | 17 | | the supervision of the Department of Juvenile Justice. | 18 | | (a-5) "Sex offense" for the purposes of paragraph (16) of | 19 | | subsection (a) of Section 3-3-7, paragraph (10) of subsection | 20 | | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | 21 | | Section 5-6-3.1 only means: | 22 | | (i) A violation of any of the following Sections of the | 23 | | Criminal Code of
1961 or the Criminal Code of 2012: 10-7 |
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| 1 | | (aiding or abetting child abduction under Section | 2 | | 10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent | 3 | | solicitation of a child), 11-6.5
(indecent solicitation of | 4 | | an adult), 11-14.4 (promoting juvenile prostitution),
| 5 | | 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 | 6 | | (keeping a place of juvenile prostitution), 11-18.1
| 7 | | (patronizing a juvenile prostitute), 11-19.1 (juvenile | 8 | | pimping),
11-19.2 (exploitation of a child), 11-20.1 | 9 | | (child pornography), 11-20.1B or 11-20.3 (aggravated child | 10 | | pornography), 11-1.40 or 12-14.1
(predatory criminal | 11 | | sexual assault of a child), or 12-33 (ritualized abuse of a
| 12 | | child). An attempt to commit any of
these offenses. | 13 | | (ii) A violation of any of the following Sections of | 14 | | the Criminal Code
of 1961 or the Criminal Code of 2012: | 15 | | 11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or | 16 | | 12-14 (aggravated criminal sexual assault), 11-1.60 or | 17 | | 12-16 (aggravated criminal sexual abuse), and subsection | 18 | | (a) of Section 11-1.50 or subsection (a) of Section 12-15
| 19 | | (criminal sexual abuse). An attempt to commit
any of these | 20 | | offenses. | 21 | | (iii) A violation of any of the following Sections of | 22 | | the Criminal Code
of 1961 or the Criminal Code of 2012 when | 23 | | the defendant is
not a parent of the victim: | 24 | | 10-1 (kidnapping),
| 25 | | 10-2 (aggravated kidnapping), | 26 | | 10-3 (unlawful restraint),
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| 1 | | 10-3.1 (aggravated unlawful restraint). | 2 | | An attempt to commit any of these offenses. | 3 | | (iv) A violation of any former law of this State | 4 | | substantially
equivalent to any offense listed in this | 5 | | subsection (a-5). | 6 | | An offense violating federal law or the law of another | 7 | | state
that is substantially equivalent to any offense listed in | 8 | | this
subsection (a-5) shall constitute a sex offense for the | 9 | | purpose of
this subsection (a-5). A finding or adjudication as | 10 | | a sexually dangerous person under
any federal law or law of | 11 | | another state that is substantially equivalent to the
Sexually | 12 | | Dangerous Persons Act shall constitute an adjudication for a | 13 | | sex offense for the
purposes of this subsection (a-5).
| 14 | | (b) "Commitment" means a judicially determined placement
| 15 | | in the custody of the Department of Corrections on the basis of
| 16 | | delinquency or conviction.
| 17 | | (c) "Committed person" is a person committed to the | 18 | | Department,
however a committed person shall not be considered | 19 | | to be an employee of
the Department of Corrections for any | 20 | | purpose, including eligibility for
a pension, benefits, or any | 21 | | other compensation or rights or privileges which
may be | 22 | | provided to employees of the Department.
| 23 | | (c-5) "Computer scrub software" means any third-party | 24 | | added software, designed to delete information from the | 25 | | computer unit, the hard drive, or other software, which would | 26 | | eliminate and prevent discovery of browser activity, including |
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| 1 | | but not limited to Internet history, address bar or bars, cache | 2 | | or caches, and/or cookies, and which would over-write files in | 3 | | a way so as to make previous computer activity, including but | 4 | | not limited to website access, more difficult to discover. | 5 | | (d) "Correctional institution or facility" means any | 6 | | building or
part of a building where committed persons are kept | 7 | | in a secured manner.
| 8 | | (e) "Department" means both the Department of Corrections | 9 | | and the Department of Juvenile Justice of this State, unless | 10 | | the context is specific to either the Department of Corrections | 11 | | or the Department of Juvenile Justice.
| 12 | | (f) "Director" means both the Director of Corrections and | 13 | | the Director of Juvenile Justice, unless the context is | 14 | | specific to either the Director of Corrections or the Director | 15 | | of Juvenile Justice.
| 16 | | (f-5) (Blank).
| 17 | | (g) "Discharge" means the final termination of a commitment
| 18 | | to the Department of Corrections.
| 19 | | (h) "Discipline" means the rules and regulations for the
| 20 | | maintenance of order and the protection of persons and property
| 21 | | within the institutions and facilities of the Department and
| 22 | | their enforcement.
| 23 | | (i) "Escape" means the intentional and unauthorized | 24 | | absence
of a committed person from the custody of the | 25 | | Department.
| 26 | | (j) "Furlough" means an authorized leave of absence from |
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| 1 | | the
Department of Corrections for a designated purpose and | 2 | | period of time.
| 3 | | (k) "Parole" means the conditional and revocable release
of | 4 | | a person committed to the Department of Corrections under the | 5 | | supervision of a parole officer.
| 6 | | (l) "Prisoner Review Board" means the Board established in
| 7 | | Section 3-3-1(a), independent of the Department, to review
| 8 | | rules and regulations with respect to good time credits, to
| 9 | | hear charges brought by the Department against certain | 10 | | prisoners
alleged to have violated Department rules with | 11 | | respect to good
time credits, to set release dates for certain | 12 | | prisoners
sentenced under the law in effect prior to the | 13 | | effective
date of this Amendatory Act of 1977, to hear and | 14 | | decide the time of aftercare release for persons committed to | 15 | | the Department of Juvenile Justice under the Juvenile Court Act | 16 | | of 1987 to hear requests and
make recommendations to the | 17 | | Governor with respect to pardon,
reprieve or commutation, to | 18 | | set conditions for parole, aftercare release, and
mandatory | 19 | | supervised release and determine whether violations
of those | 20 | | conditions justify revocation of parole or release,
and to | 21 | | assume all other functions previously exercised by the
Illinois | 22 | | Parole and Pardon Board.
| 23 | | (l-5) "Program" means the Elderly Rehabilitated Prisoner | 24 | | Supervised Release Program created in Section 3-3-3.1 of this | 25 | | Code. | 26 | | (m) Whenever medical treatment, service, counseling, or
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| 1 | | care is referred to in this Unified Code of Corrections,
such | 2 | | term may be construed by the Department or Court, within
its | 3 | | discretion, to include treatment, service or counseling by
a | 4 | | Christian Science practitioner or nursing care appropriate
| 5 | | therewith whenever request therefor is made by a person subject
| 6 | | to the provisions of this Act.
| 7 | | (n) "Victim" shall have the meaning ascribed to it in | 8 | | subsection (a) of
Section 3 of the Bill of Rights for Victims | 9 | | and Witnesses of Violent Crime Act.
| 10 | | (o) "Wrongfully imprisoned person" means a person who has | 11 | | been discharged from a prison of this State and
has received: | 12 | | (1) a pardon from the Governor stating that such pardon | 13 | | is issued on the ground of innocence of the crime for which | 14 | | he or she was imprisoned; or | 15 | | (2) a certificate of innocence from the Circuit Court | 16 | | as provided in Section 2-702 of the Code of Civil | 17 | | Procedure. | 18 | | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | 19 | | 98-558, eff. 1-1-14; 98-685, eff. 1-1-15 .)
| 20 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 21 | | Sec. 3-3-2. Powers and duties.
| 22 | | (a) The Parole and Pardon Board is abolished and the term | 23 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 24 | | read "Prisoner Review
Board." After the effective date of this | 25 | | amendatory Act of 1977, the
Prisoner Review Board shall provide |
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| 1 | | by rule for the orderly transition of
all files, records, and | 2 | | documents of the Parole and Pardon Board and for
such other | 3 | | steps as may be necessary to effect an orderly transition and | 4 | | shall:
| 5 | | (1) hear by at least one member and through a panel of | 6 | | at least 3 members
decide, cases of prisoners
who were | 7 | | sentenced under the law in effect prior to the effective
| 8 | | date of this amendatory Act of 1977, and who are eligible | 9 | | for parole;
| 10 | | (2) hear by at least one member and through a panel of | 11 | | at least 3 members decide, the conditions of
parole and the | 12 | | time of discharge from parole, impose sanctions for
| 13 | | violations of parole, and revoke
parole for those sentenced | 14 | | under the law in effect prior to this amendatory
Act of | 15 | | 1977; provided that the decision to parole and the | 16 | | conditions of
parole for all prisoners who were sentenced | 17 | | for first degree murder or who
received a minimum sentence | 18 | | of 20 years or more under the law in effect
prior to | 19 | | February 1, 1978 shall be determined by a majority vote of | 20 | | the
Prisoner Review Board. One representative supporting | 21 | | parole and one representative opposing parole will be | 22 | | allowed to speak. Their comments shall be limited to making | 23 | | corrections and filling in omissions to the Board's | 24 | | presentation and discussion;
| 25 | | (3) hear by at least one member and through a panel of | 26 | | at least 3 members decide, the conditions
of mandatory |
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| 1 | | supervised release and the time of discharge from mandatory
| 2 | | supervised release, impose sanctions for violations of | 3 | | mandatory
supervised release, and revoke mandatory | 4 | | supervised release for those
sentenced under the law in | 5 | | effect after the effective date of this
amendatory Act of | 6 | | 1977;
| 7 | | (3.5) hear by at least one member and through a panel | 8 | | of at least 3 members decide, the conditions of mandatory | 9 | | supervised release and the time of discharge from mandatory | 10 | | supervised release, to impose sanctions for violations of | 11 | | mandatory supervised release and revoke mandatory | 12 | | supervised release for those serving extended supervised | 13 | | release terms pursuant to paragraph (4) of subsection (d) | 14 | | of Section 5-8-1;
| 15 | | (3.6) hear by at least one member and through a panel | 16 | | of at least 3 members decide whether to revoke aftercare | 17 | | release for those committed to the Department of Juvenile | 18 | | Justice under the Juvenile Court Act of 1987; | 19 | | (4) hear by at least one member and through a panel of | 20 | | at least 3
members,
decide cases brought by the Department | 21 | | of Corrections against a prisoner in
the custody of the | 22 | | Department for alleged violation of Department rules
with | 23 | | respect to sentence credits under Section 3-6-3 of this | 24 | | Code
in which the Department seeks to revoke sentence | 25 | | credits, if the amount
of time at issue exceeds 30 days or | 26 | | when, during any 12 month period, the
cumulative amount of |
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| 1 | | credit revoked exceeds 30 days except where the
infraction | 2 | | is committed or discovered within 60 days of scheduled | 3 | | release.
In such cases, the Department of Corrections may | 4 | | revoke up to 30 days of
sentence credit. The Board may | 5 | | subsequently approve the revocation of
additional sentence | 6 | | credit, if the Department seeks to revoke sentence credit | 7 | | in excess of thirty days. However, the Board shall not be
| 8 | | empowered to review the Department's decision with respect | 9 | | to the loss of
30 days of sentence credit for any prisoner | 10 | | or to increase any penalty
beyond the length requested by | 11 | | the Department;
| 12 | | (5) hear by at least one member and through a panel of | 13 | | at least 3
members decide, the
release dates for certain | 14 | | prisoners sentenced under the law in existence
prior to the | 15 | | effective date of this amendatory Act of 1977, in
| 16 | | accordance with Section 3-3-2.1 of this Code;
| 17 | | (6) hear by at least one member and through a panel of | 18 | | at least 3 members
decide, all requests for pardon, | 19 | | reprieve or commutation, and make confidential
| 20 | | recommendations to the Governor;
| 21 | | (7) comply with the requirements of the Open Parole | 22 | | Hearings Act;
| 23 | | (8) hear by at least one member and, through a panel of | 24 | | at least 3
members, decide cases brought by the Department | 25 | | of Corrections against a
prisoner in the custody of the | 26 | | Department for court dismissal of a frivolous
lawsuit |
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| 1 | | pursuant to Section 3-6-3(d) of this Code in which the | 2 | | Department seeks
to revoke up to 180 days of sentence | 3 | | credit, and if the prisoner has not
accumulated 180 days of | 4 | | sentence credit at the time of the dismissal, then
all | 5 | | sentence credit accumulated by the prisoner shall be | 6 | | revoked;
| 7 | | (9) hear by at least 3 members, and, through a panel of | 8 | | at least 3
members, decide whether to grant certificates of | 9 | | relief from
disabilities or certificates of good conduct as | 10 | | provided in Article 5.5 of
Chapter V; | 11 | | (10) upon a petition by a person who has been convicted | 12 | | of a Class 3 or Class 4 felony and who meets the | 13 | | requirements of this paragraph, hear by at least 3 members | 14 | | and, with the unanimous vote of a panel of 3 members, issue | 15 | | a certificate of eligibility for sealing recommending that | 16 | | the court order the sealing of all official
records of the | 17 | | arresting authority, the circuit court clerk, and the | 18 | | Department of State Police concerning the arrest and | 19 | | conviction for the Class 3 or 4 felony. A person may not | 20 | | apply to the Board for a certificate of eligibility for | 21 | | sealing: | 22 | | (A) until 5 years have elapsed since the expiration | 23 | | of his or her sentence; | 24 | | (B) until 5 years have elapsed since any arrests or | 25 | | detentions by a law enforcement officer for an alleged | 26 | | violation of law, other than a petty offense, traffic |
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| 1 | | offense, conservation offense, or local ordinance | 2 | | offense; | 3 | | (C) if convicted of a violation of the Cannabis | 4 | | Control Act, Illinois Controlled Substances Act, the | 5 | | Methamphetamine Control and Community Protection Act, | 6 | | the Methamphetamine Precursor Control Act, or the | 7 | | Methamphetamine Precursor Tracking Act unless the | 8 | | petitioner has completed a drug abuse program for the | 9 | | offense on which sealing is sought and provides proof | 10 | | that he or she has completed the program successfully; | 11 | | (D) if convicted of: | 12 | | (i) a sex offense described in Article 11 or | 13 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 14 | | the Criminal Code of 1961 or the Criminal Code of | 15 | | 2012; | 16 | | (ii) aggravated assault; | 17 | | (iii) aggravated battery; | 18 | | (iv) domestic battery; | 19 | | (v) aggravated domestic battery; | 20 | | (vi) violation of an order of protection; | 21 | | (vii) an offense under the Criminal Code of | 22 | | 1961 or the Criminal Code of 2012 involving a | 23 | | firearm; | 24 | | (viii) driving while under the influence of | 25 | | alcohol, other drug or drugs, intoxicating | 26 | | compound or compounds or any combination thereof; |
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| 1 | | (ix) aggravated driving while under the | 2 | | influence of alcohol, other drug or drugs, | 3 | | intoxicating compound or compounds or any | 4 | | combination thereof; or | 5 | | (x) any crime defined as a crime of violence | 6 | | under Section 2 of the Crime Victims Compensation | 7 | | Act. | 8 | | If a person has applied to the Board for a certificate | 9 | | of eligibility for sealing and the Board denies the | 10 | | certificate, the person must wait at least 4 years before | 11 | | filing again or filing for pardon from the Governor unless | 12 | | the Chairman of the Prisoner Review Board grants a waiver. | 13 | | The decision to issue or refrain from issuing a | 14 | | certificate of eligibility for sealing shall be at the | 15 | | Board's sole discretion, and shall not give rise to any | 16 | | cause of action against either the Board or its members. | 17 | | The Board may only authorize the sealing of Class 3 and | 18 | | 4 felony convictions of the petitioner from one information | 19 | | or indictment under this paragraph (10). A petitioner may | 20 | | only receive one certificate of eligibility for sealing | 21 | | under this provision for life; and
| 22 | | (11) upon a petition by a person who after having been | 23 | | convicted of a Class 3 or Class 4 felony thereafter served | 24 | | in the United States Armed Forces or National Guard of this | 25 | | or any other state and had received an honorable discharge | 26 | | from the United States Armed Forces or National Guard or |
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| 1 | | who at the time of filing the petition is enlisted in the | 2 | | United States Armed Forces or National Guard of this or any | 3 | | other state and served one tour of duty and who meets the | 4 | | requirements of this paragraph, hear by at least 3 members | 5 | | and, with the unanimous vote of a panel of 3 members, issue | 6 | | a certificate of eligibility for expungement recommending | 7 | | that the court order the expungement of all official
| 8 | | records of the arresting authority, the circuit court | 9 | | clerk, and the Department of State Police concerning the | 10 | | arrest and conviction for the Class 3 or 4 felony. A person | 11 | | may not apply to the Board for a certificate of eligibility | 12 | | for expungement: | 13 | | (A) if convicted of: | 14 | | (i) a sex offense described in Article 11 or | 15 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 16 | | the Criminal Code of 1961 or Criminal Code of 2012; | 17 | | (ii) an offense under the Criminal Code of 1961 | 18 | | or Criminal Code of 2012 involving a firearm; or | 19 | | (iii) a crime of violence as defined in Section | 20 | | 2 of the Crime Victims Compensation Act; or | 21 | | (B) if the person has not served in the United | 22 | | States Armed Forces or National Guard of this or any | 23 | | other state or has not received an honorable discharge | 24 | | from the United States Armed Forces or National Guard | 25 | | of this or any other state or who at the time of the | 26 | | filing of the petition is serving in the United States |
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| 1 | | Armed Forces or National Guard of this or any other | 2 | | state and has not completed one tour of duty. | 3 | | If a person has applied to the Board for a certificate | 4 | | of eligibility for expungement and the Board denies the | 5 | | certificate, the person must wait at least 4 years before | 6 | | filing again or filing for a pardon with authorization for | 7 | | expungement from the Governor unless the Governor or | 8 | | Chairman of the Prisoner Review Board grants a waiver ; and | 9 | | . | 10 | | (12) upon a petition by a person who is at least 55 | 11 | | years of age and who has served at least 20 consecutive | 12 | | years of imprisonment in a Department of Corrections | 13 | | institution or facility, hear by at least 8 members and, | 14 | | with the majority vote of the panel voting, grant the | 15 | | petitioner participation in the Elderly Rehabilitated | 16 | | Prisoner Supervised Release Program established in Section | 17 | | 3-3-3.1 of this Code. | 18 | | (a-5) The Prisoner Review Board, with the cooperation of | 19 | | and in
coordination with the Department of Corrections and the | 20 | | Department of Central
Management Services, shall implement a | 21 | | pilot project in 3 correctional
institutions providing for the | 22 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 23 | | (a) of this Section through interactive video conferences.
The
| 24 | | project shall be implemented within 6 months after the | 25 | | effective date of this
amendatory Act of 1996. Within 6 months | 26 | | after the implementation of the pilot
project, the Prisoner |
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| 1 | | Review Board, with the cooperation of and in coordination
with | 2 | | the Department of Corrections and the Department of Central | 3 | | Management
Services, shall report to the Governor and the | 4 | | General Assembly regarding the
use, costs, effectiveness, and | 5 | | future viability of interactive video
conferences for Prisoner | 6 | | Review Board hearings.
| 7 | | (b) Upon recommendation of the Department the Board may | 8 | | restore sentence credit previously revoked.
| 9 | | (c) The Board shall cooperate with the Department in | 10 | | promoting an
effective system of parole and mandatory | 11 | | supervised release.
| 12 | | (d) The Board shall promulgate rules for the conduct of its | 13 | | work,
and the Chairman shall file a copy of such rules and any | 14 | | amendments
thereto with the Director and with the Secretary of | 15 | | State.
| 16 | | (e) The Board shall keep records of all of its official | 17 | | actions and
shall make them accessible in accordance with law | 18 | | and the rules of the
Board.
| 19 | | (f) The Board or one who has allegedly violated the | 20 | | conditions of
his or her parole, aftercare release, or | 21 | | mandatory supervised release may require by subpoena the
| 22 | | attendance and testimony of witnesses and the production of | 23 | | documentary
evidence relating to any matter under | 24 | | investigation or hearing. The
Chairman of the Board may sign | 25 | | subpoenas which shall be served by any
agent or public official | 26 | | authorized by the Chairman of the Board, or by
any person |
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| 1 | | lawfully authorized to serve a subpoena under the laws of the
| 2 | | State of Illinois. The attendance of witnesses, and the | 3 | | production of
documentary evidence, may be required from any | 4 | | place in the State to a
hearing location in the State before | 5 | | the Chairman of the Board or his or her
designated agent or | 6 | | agents or any duly constituted Committee or
Subcommittee of the | 7 | | Board. Witnesses so summoned shall be paid the same
fees and | 8 | | mileage that are paid witnesses in the circuit courts of the
| 9 | | State, and witnesses whose depositions are taken and the | 10 | | persons taking
those depositions are each entitled to the same | 11 | | fees as are paid for
like services in actions in the circuit | 12 | | courts of the State. Fees and
mileage shall be vouchered for | 13 | | payment when the witness is discharged
from further attendance.
| 14 | | In case of disobedience to a subpoena, the Board may | 15 | | petition any
circuit court of the State for an order requiring | 16 | | the attendance and
testimony of witnesses or the production of | 17 | | documentary evidence or
both. A copy of such petition shall be | 18 | | served by personal service or by
registered or certified mail | 19 | | upon the person who has failed to obey the
subpoena, and such | 20 | | person shall be advised in writing that a hearing
upon the | 21 | | petition will be requested in a court room to be designated in
| 22 | | such notice before the judge hearing motions or extraordinary | 23 | | remedies
at a specified time, on a specified date, not less | 24 | | than 10 nor more than
15 days after the deposit of the copy of | 25 | | the written notice and petition
in the U.S. mails addressed to | 26 | | the person at his last known address or
after the personal |
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| 1 | | service of the copy of the notice and petition upon
such | 2 | | person. The court upon the filing of such a petition, may order | 3 | | the
person refusing to obey the subpoena to appear at an | 4 | | investigation or
hearing, or to there produce documentary | 5 | | evidence, if so ordered, or to
give evidence relative to the | 6 | | subject matter of that investigation or
hearing. Any failure to | 7 | | obey such order of the circuit court may be
punished by that | 8 | | court as a contempt of court.
| 9 | | Each member of the Board and any hearing officer designated | 10 | | by the
Board shall have the power to administer oaths and to | 11 | | take the testimony
of persons under oath.
| 12 | | (g) Except under subsection (a) of this Section, a majority | 13 | | of the
members then appointed to the Prisoner Review Board | 14 | | shall constitute a
quorum for the transaction of all business | 15 | | of the Board.
| 16 | | (h) The Prisoner Review Board shall annually transmit to | 17 | | the
Director a detailed report of its work for the preceding | 18 | | calendar year.
The annual report shall also be transmitted to | 19 | | the Governor for
submission to the Legislature.
| 20 | | (Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | 21 | | 98-756, eff. 7-16-14; 99-628, eff. 1-1-17 .)
| 22 | | (730 ILCS 5/3-3-3.1 new) | 23 | | Sec. 3-3-3.1. Elderly Rehabilitated Prisoner Supervised | 24 | | Release Program. | 25 | | (a) A committed person who is at least 55 years of age and |
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| 1 | | who has served at least 20 consecutive years of imprisonment in | 2 | | a Department of Corrections institution or facility may | 3 | | petition the Prisoner Review Board for participation in the | 4 | | Elderly Rehabilitated Prisoner Supervised Release Program as | 5 | | provided in this Section. If the committed person files the | 6 | | petition, the victims and the families of the victims of the | 7 | | petitioner's offenses shall be notified in a timely manner | 8 | | after the petition is filed. | 9 | | (b) The petition shall contain a statement by the | 10 | | petitioner explaining why he or she is entitled to participate | 11 | | in the Program as well as the petitioner's plans for reentry, | 12 | | including information about where the petitioner will live, how | 13 | | the petitioner will be supported financially, and any plans for | 14 | | the petitioner's ongoing medical care if the care is necessary. | 15 | | The petition may also contain supporting statements or | 16 | | documentation related to the factors in paragraphs (1) through | 17 | | (7) of subsection (c) of this Section. | 18 | | (c) The petition shall, in the first instance, be screened | 19 | | by the Department of Corrections, which shall determine whether | 20 | | to recommend that the petitioner be considered for | 21 | | participation in the Program. The Department shall make use to | 22 | | determine whether he or she may be released and if so, under | 23 | | what conditions. In so doing it will draw on information in the | 24 | | petition and on its own resources, including its use of a tool | 25 | | which assesses the petitioner's risks, assets, and needs. Among | 26 | | other factors, the Department shall consider the following: |
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| 1 | | (1) the petitioner's successful participation in | 2 | | programs designed to restore him or her to a useful and | 3 | | productive life upon release (including educational | 4 | | programs and programs designed to deal with substance abuse | 5 | | or other issues) or, if the programs are not available, | 6 | | information demonstrating that the petitioner has engaged | 7 | | in self-education programs, correspondence courses, or | 8 | | other self-improvement efforts; | 9 | | (2) the genuine reform and changed behavior the | 10 | | petitioner has demonstrated over a period of years; | 11 | | (3) the petitioner's remorse for the consequences of | 12 | | his or her criminal conduct; | 13 | | (4) the petitioner's ability to socialize with others | 14 | | in an acceptable manner; | 15 | | (5) the petitioner's renunciation of criminal activity | 16 | | and gang affiliation if the petitioner was a member of a | 17 | | gang; | 18 | | (6) an appropriate plan for living arrangements, | 19 | | financial support, and any medical care that will be needed | 20 | | when the petitioner returns to society; and | 21 | | (7) input from the victims of the petitioner's offense | 22 | | and from their families. | 23 | | (d) The Department shall make its decision within a | 24 | | reasonable time after the committed person submits a petition. | 25 | | If the Department determines that the petitioner should be | 26 | | considered, it shall submit the petition to the Board, |
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| 1 | | including its own relevant information and the results of its | 2 | | risk and needs assessment. Within 30 days after receiving the | 3 | | petition, the Board shall notify the victims and the families | 4 | | of the victims of the committed person's petition, and it shall | 5 | | provide an opportunity for the victims and their families to | 6 | | submit statements in support of or opposition to the | 7 | | petitioner's participation in the Program. The Board shall | 8 | | consider the petition in its entirety, including information | 9 | | supplied by the Department, and shall not order the release of | 10 | | the petitioner if it finds that the petitioner's release would | 11 | | pose an unacceptable risk of danger to public safety. If the | 12 | | Board determines that the petitioner should participate in the | 13 | | Program, the Board shall set a date for his or her release that | 14 | | is before the expiration of his or her current sentence. The | 15 | | Board also shall set conditions for the petitioner's release in | 16 | | accordance with the person's risks, assets, and needs which are | 17 | | identified through an assessment tool, as required by paragraph | 18 | | (2) of subsection (b) of Section 10 of the Illinois Crime | 19 | | Reduction Act of 2009. If the Board does not accept the | 20 | | recommendation of the Department, it shall explain why the | 21 | | recommendation was rejected. | 22 | | (e) The Board shall render its decision about each petition | 23 | | within a reasonable time after it has been filed. | 24 | | (f) A petition for participation in the Program under the | 25 | | provisions of this Section may be submitted every 3 years, | 26 | | provided, however, that if the Board denies a petition, it may |
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| 1 | | order that the petitioner may not file a new petition for up to | 2 | | 5 years from the date of denial, if the Board finds that it is | 3 | | not reasonable to expect that it would grant a petition filed | 4 | | earlier. | 5 | | (g) The action of a majority of the Board members voting on | 6 | | the petition shall be the action of the Board. | 7 | | (h) The end date of the period of supervised release shall | 8 | | remain the same as it would have been had the petitioner not | 9 | | been given early supervised release, and the petitioner shall | 10 | | remain under the control of the Department until the date, | 11 | | except that the Board may enter an order releasing and | 12 | | discharging the petitioner from supervised release if it | 13 | | determines that he or she is likely to remain at liberty | 14 | | without committing another offense. | 15 | | (i) Beginning on the effective date of this amendatory Act | 16 | | of the 100th General Assembly, notwithstanding any other law to | 17 | | the contrary, all persons serving sentences in the Department | 18 | | who meet the requirements of subsection (a) of this Section are | 19 | | eligible to petition to participate in the Program. The Board | 20 | | shall establish a system to allow for the orderly disposition | 21 | | of the applications of those presently incarcerated as they | 22 | | become eligible.
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