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

HB1064ham001 102ND GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 4/19/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1064

2    AMENDMENT NO. ______. Amend House Bill 1064 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 5-4.5-115 as follows:
 
6    (730 ILCS 5/5-4.5-115)
7    Sec. 5-4.5-115. Parole review of persons under the age of
821 at the time of the commission of an offense.
9    (a) For purposes of this Section, "victim" means a victim
10of a violent crime as defined in subsection (a) of Section 3 of
11the Rights of Crime Victims and Witnesses Act including a
12witness as defined in subsection (b) of Section 3 of the Rights
13of Crime Victims and Witnesses Act; any person legally related
14to the victim by blood, marriage, adoption, or guardianship;
15any friend of the victim; or any concerned citizen.
16    (b) A person under 21 years of age at the time of the

 

 

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1commission of an offense or offenses, other than first degree
2murder, and who is not serving a sentence for first degree
3murder and who is sentenced on or after June 1, 2019 (the
4effective date of Public Act 100-1182) shall be eligible for
5parole review by the Prisoner Review Board after serving 10
6years or more of his or her sentence or sentences, except for
7those serving a sentence or sentences for: (1) aggravated
8criminal sexual assault who shall be eligible for parole
9review by the Prisoner Review Board after serving 20 years or
10more of his or her sentence or sentences or (2) predatory
11criminal sexual assault of a child who shall not be eligible
12for parole review by the Prisoner Review Board under this
13Section. A person under 21 years of age at the time of the
14commission of first degree murder who is sentenced on or after
15June 1, 2019 (the effective date of Public Act 100-1182) shall
16be eligible for parole review by the Prisoner Review Board
17after serving 20 years or more of his or her sentence or
18sentences, except for those subject to a term of natural life
19imprisonment under Section 5-8-1 of this Code or any person
20subject to sentencing under subsection (c) of Section
215-4.5-105 of this Code, who shall be eligible for parole
22review by the Prisoner Review Board after serving 40 years or
23more of his or her sentence or sentences.
24    (c) Three years prior to becoming eligible for parole
25review, the eligible person may file his or her petition for
26parole review with the Prisoner Review Board. The petition

 

 

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1shall include a copy of the order of commitment and sentence to
2the Department of Corrections for the offense or offenses for
3which review is sought. Within 30 days of receipt of this
4petition, the Prisoner Review Board shall determine whether
5the petition is appropriately filed, and if so, shall set a
6date for parole review 3 years from receipt of the petition and
7notify the Department of Corrections within 10 business days.
8If the Prisoner Review Board determines that the petition is
9not appropriately filed, it shall notify the petitioner in
10writing, including a basis for its determination.
11    (d) Within 6 months of the Prisoner Review Board's
12determination that the petition was appropriately filed, a
13representative from the Department of Corrections shall meet
14with the eligible person and provide the inmate information
15about the parole hearing process and personalized
16recommendations for the inmate regarding his or her work
17assignments, rehabilitative programs, and institutional
18behavior. Following this meeting, the eligible person has 7
19calendar days to file a written request to the representative
20from the Department of Corrections who met with the eligible
21person of any additional programs and services which the
22eligible person believes should be made available to prepare
23the eligible person for return to the community.
24    (e) One year prior to the person being eligible for
25parole, counsel shall be appointed by the Prisoner Review
26Board upon a finding of indigency. The eligible person may

 

 

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1waive appointed counsel or retain his or her own counsel at his
2or her own expense.
3    (f) Nine months prior to the hearing, the Prisoner Review
4Board shall provide the eligible person, and his or her
5counsel, any written documents or materials it will be
6considering in making its decision unless the written
7documents or materials are specifically found to: (1) include
8information which, if disclosed, would damage the therapeutic
9relationship between the inmate and a mental health
10professional; (2) subject any person to the actual risk of
11physical harm; (3) threaten the safety or security of the
12Department or an institution. In accordance with Section
134.5(d)(4) of the Rights of Crime Victims and Witnesses Act and
14Section 10 of the Open Parole Hearings Act, victim statements
15provided to the Board shall be confidential and privileged,
16including any statements received prior to the effective date
17of this amendatory Act of the 101st General Assembly, except
18if the statement was an oral statement made by the victim at a
19hearing open to the public. Victim statements shall not be
20considered public documents under the provisions of the
21Freedom of Information Act. The inmate or his or her attorney
22shall not be given a copy of the statement, but shall be
23informed of the existence of a victim statement and the
24position taken by the victim on the inmate's request for
25parole. This shall not be construed to permit disclosure to an
26inmate of any information which might result in the risk of

 

 

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1threats or physical harm to a victim. The Prisoner Review
2Board shall have an ongoing duty to provide the eligible
3person, and his or her counsel, with any further documents or
4materials that come into its possession prior to the hearing
5subject to the limitations contained in this subsection.
6    (g) Not less than 12 months prior to the hearing, the
7Prisoner Review Board shall provide notification to the
8State's Attorney of the county from which the person was
9committed and written notification to the victim or family of
10the victim of the scheduled hearing place, date, and
11approximate time. The written notification shall contain: (1)
12information about their right to be present, appear in person
13at the parole hearing, and their right to make an oral
14statement and submit information in writing, by videotape,
15tape recording, or other electronic means; (2) a toll-free
16number to call for further information about the parole review
17process; and (3) information regarding available resources,
18including trauma-informed therapy, they may access. If the
19Board does not have knowledge of the current address of the
20victim or family of the victim, it shall notify the State's
21Attorney of the county of commitment and request assistance in
22locating the victim or family of the victim. Those victims or
23family of the victims who advise the Board in writing that they
24no longer wish to be notified shall not receive future
25notices. A victim shall have the right to submit information
26by videotape, tape recording, or other electronic means. The

 

 

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1victim may submit this material prior to or at the parole
2hearing. The victim also has the right to be heard at the
3parole hearing.
4    (h) The hearing conducted by the Prisoner Review Board
5shall be governed by Sections 15 and 20, subsection (f) of
6Section 5, subsections (a), (a-5), (b), (b-5), and (c) of
7Section 10, and subsection (d) of Section 25 of the Open Parole
8Hearings Act and Part 1610 of Title 20 of the Illinois
9Administrative Code. The eligible person has a right to be
10present at the Prisoner Review Board hearing, unless the
11Prisoner Review Board determines the eligible person's
12presence is unduly burdensome when conducting a hearing under
13paragraph (6.6) of subsection (a) of Section 3-3-2 of this
14Code. If a psychological evaluation is submitted for the
15Prisoner Review Board's consideration, it shall be prepared by
16a person who has expertise in adolescent brain development and
17behavior, and shall take into consideration the diminished
18culpability of youthful offenders, the hallmark features of
19youth, and any subsequent growth and increased maturity of the
20person. At the hearing, the eligible person shall have the
21right to make a statement on his or her own behalf.
22    (i) Only upon motion for good cause shall the date for the
23Prisoner Review Board hearing, as set by subsection (b) of
24this Section, be changed. No less than 15 days prior to the
25hearing, the Prisoner Review Board shall notify the victim or
26victim representative, the attorney, and the eligible person

 

 

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1of the exact date and time of the hearing. All hearings shall
2be open to the public.
3    (j) The Prisoner Review Board shall not parole the
4eligible person if it determines that:
5        (1) there is a substantial risk that the eligible
6    person will not conform to reasonable conditions of parole
7    or aftercare release; or
8        (2) the eligible person's release at that time would
9    deprecate the seriousness of his or her offense or promote
10    disrespect for the law; or
11        (3) the eligible person's release would have a
12    substantially adverse effect on institutional discipline.
13    In considering the factors affecting the release
14determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
15Review Board panel shall consider the diminished culpability
16of youthful offenders, the hallmark features of youth, and any
17subsequent growth and maturity of the youthful offender during
18incarceration.
19    (k) Unless denied parole under subsection (j) of this
20Section and subject to the provisions of Section 3-3-9 of this
21Code: (1) the eligible person serving a sentence for any
22non-first degree murder offense or offenses, shall be released
23on parole which shall operate to discharge any remaining term
24of years sentence imposed upon him or her, notwithstanding any
25required mandatory supervised release period the eligible
26person is required to serve; and (2) the eligible person

 

 

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1serving a sentence for any first degree murder offense, shall
2be released on mandatory supervised release for a period of 10
3years subject to Section 3-3-8, which shall operate to
4discharge any remaining term of years sentence imposed upon
5him or her, however in no event shall the eligible person serve
6a period of mandatory supervised release greater than the
7aggregate of the discharged underlying sentence and the
8mandatory supervised release period as sent forth in Section
95-4.5-20.
10    (l) If the Prisoner Review Board denies parole after
11conducting the hearing under subsection (j) of this Section,
12it shall issue a written decision which states the rationale
13for denial, including the primary factors considered. This
14decision shall be provided to the eligible person and his or
15her counsel within 30 days.
16    (m) A person denied parole under subsection (j) of this
17Section, who is not serving a sentence for either first degree
18murder or aggravated criminal sexual assault, shall be
19eligible for a second parole review by the Prisoner Review
20Board 5 years after the written decision under subsection (l)
21of this Section; a person denied parole under subsection (j)
22of this Section, who is serving a sentence or sentences for
23first degree murder or aggravated criminal sexual assault
24shall be eligible for a second and final parole review by the
25Prisoner Review Board 10 years after the written decision
26under subsection (k) of this Section. The procedures for a

 

 

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1second parole review shall be governed by subsections (c)
2through (k) of this Section.
3    (n) A person denied parole under subsection (m) of this
4Section, who is not serving a sentence for either first degree
5murder or aggravated criminal sexual assault, shall be
6eligible for a third and final parole review by the Prisoner
7Review Board 5 years after the written decision under
8subsection (l) of this Section. The procedures for the third
9and final parole review shall be governed by subsections (c)
10through (k) of this Section.
11    (o) Notwithstanding anything else to the contrary in this
12Section, nothing in this Section shall be construed to delay
13parole or mandatory supervised release consideration for
14petitioners who are or will be eligible for release earlier
15than this Section provides. Nothing in this Section shall be
16construed as a limit, substitution, or bar on a person's right
17to sentencing relief, or any other manner of relief, obtained
18by order of a court in proceedings other than as provided in
19this Section.
20(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)".