Full Text of HB1821 102nd General Assembly
HB1821 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1821 Introduced 2/17/2021, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
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Amends the Unified Code of Corrections. Provides that a person under 21 years of age at the time of the commission of the offense of predatory criminal sexual assault of a child is eligible (rather than not eligible) for parole review by the Prisoner Review Board after serving 20 years or more of his or her sentence or sentences. Provides that a person who was under the age of 21 and is serving a sentence for first degree murder or a term of natural life imprisonment shall be eligible for parole review by the Prisoner Review Board after serving 40 years or more of his or her sentence or sentences.
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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 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 | 8 | | 21 at the time of the commission of an offense. | 9 | | (a) For purposes of this Section, "victim" means a victim | 10 | | of a violent crime as defined in subsection (a) of Section 3 of | 11 | | the Rights of Crime Victims and Witnesses Act including a | 12 | | witness as defined in subsection (b) of Section 3 of the Rights | 13 | | of Crime Victims and Witnesses Act; any person legally related | 14 | | to the victim by blood, marriage, adoption, or guardianship; | 15 | | any friend of the victim; or any concerned citizen. | 16 | | (b) A person under 21 years of age at the time of the | 17 | | commission of an offense or offenses, other than first degree | 18 | | murder, and who is not serving a sentence for first degree | 19 | | murder and who is sentenced on or after June 1, 2019 (the | 20 | | effective date of Public Act 100-1182) shall be eligible for | 21 | | parole review by the Prisoner Review Board after serving 10 | 22 | | years or more of his or her sentence or sentences, except for | 23 | | those serving a sentence or sentences for : (1) aggravated |
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| 1 | | criminal sexual assault or predatory criminal sexual assault | 2 | | of a child, who shall be eligible for parole review by the | 3 | | Prisoner Review Board after serving 20 years or more of his or | 4 | | her sentence or sentences or (2) predatory criminal sexual | 5 | | assault of a child who shall not be eligible for parole review | 6 | | by the Prisoner Review Board under this Section . A person | 7 | | under 21 years of age at the time of the commission of first | 8 | | degree murder who is sentenced on or after June 1, 2019 (the | 9 | | effective date of Public Act 100-1182) shall be eligible for | 10 | | parole review by the Prisoner Review Board after serving
20 | 11 | | years or more of his or her sentence or sentences, except for | 12 | | those subject to a term of natural life imprisonment under | 13 | | Section 5-8-1 of this Code or any person subject to sentencing | 14 | | under subsection (c) of Section 5-4.5-105 of this Code , who | 15 | | shall be eligible for parole review by the Prisoner Review | 16 | | Board after serving 40 years or more of his or her sentence or | 17 | | sentences . | 18 | | (c) Three years prior to becoming eligible for parole | 19 | | review, the eligible person may file his or her petition for | 20 | | parole review with the Prisoner Review Board.
The petition | 21 | | shall include a copy of the order of commitment and sentence to | 22 | | the Department of Corrections for the offense or offenses for | 23 | | which review is sought. Within 30 days of receipt of this | 24 | | petition, the Prisoner Review Board shall determine whether | 25 | | the petition is appropriately filed, and if so, shall set a | 26 | | date for parole review 3 years from receipt of the petition and |
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| 1 | | notify the Department of Corrections within 10 business days. | 2 | | If the Prisoner Review Board determines that the petition is | 3 | | not appropriately filed, it shall notify the petitioner in | 4 | | writing, including a basis for its determination. | 5 | | (d) Within 6 months of the Prisoner Review Board's | 6 | | determination that the petition was appropriately filed, a | 7 | | representative from the Department of Corrections shall meet | 8 | | with the eligible person and
provide the inmate information | 9 | | about the parole hearing process and personalized | 10 | | recommendations for the inmate regarding his or her work | 11 | | assignments, rehabilitative programs, and institutional | 12 | | behavior. Following this meeting, the eligible person has 7 | 13 | | calendar days to file a written request to the representative | 14 | | from the Department of Corrections who met with the eligible | 15 | | person of any additional programs and services which the | 16 | | eligible person believes should be made available to prepare | 17 | | the eligible person for return to the community. | 18 | | (e) One year prior to the person being eligible for | 19 | | parole, counsel shall be appointed by the Prisoner Review | 20 | | Board upon a finding of indigency. The eligible person may | 21 | | waive appointed counsel or retain his or her own counsel at his | 22 | | or her own expense. | 23 | | (f) Nine months prior to the hearing, the Prisoner Review | 24 | | Board shall provide the eligible person, and his or her | 25 | | counsel, any written documents or materials it will be | 26 | | considering in making its decision unless the written |
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| 1 | | documents or materials are specifically found to: (1) include | 2 | | information which, if disclosed, would damage the therapeutic | 3 | | relationship between the inmate and a mental health | 4 | | professional; (2) subject any person to the actual risk of | 5 | | physical harm; (3) threaten the safety or security of the | 6 | | Department or an institution. In accordance with Section | 7 | | 4.5(d)(4) of the Rights of Crime Victims and Witnesses Act and | 8 | | Section 10 of the Open Parole Hearings Act, victim statements | 9 | | provided to the Board shall be confidential and privileged, | 10 | | including any statements received prior to the effective date | 11 | | of this amendatory Act of the 101st General Assembly, except | 12 | | if the statement was an oral statement made by the victim at a | 13 | | hearing open to the public. Victim statements shall not be | 14 | | considered public documents under the provisions of the | 15 | | Freedom of Information Act. The inmate or his or her attorney | 16 | | shall not be given a copy of the statement, but shall be | 17 | | informed of the existence of a victim statement and the | 18 | | position taken by the victim on the inmate's request for | 19 | | parole. This shall not be construed to permit disclosure to an | 20 | | inmate of any information which might result in the risk of | 21 | | threats or physical harm to a victim. The Prisoner Review | 22 | | Board shall have an ongoing duty to provide the eligible | 23 | | person, and his or her counsel, with any further documents or | 24 | | materials that come into its possession prior to the hearing | 25 | | subject to the limitations contained in this subsection. | 26 | | (g) Not less than 12 months prior to the hearing, the |
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| 1 | | Prisoner Review Board shall provide notification to the | 2 | | State's Attorney of the county from which the person was | 3 | | committed and written notification to the victim or family of | 4 | | the victim of the scheduled hearing place, date, and | 5 | | approximate time. The written notification shall contain: (1) | 6 | | information about
their right to be present, appear in person | 7 | | at the parole hearing, and their right to
make an oral | 8 | | statement and submit information in writing, by videotape, | 9 | | tape
recording, or other electronic means; (2) a toll-free | 10 | | number to call for further
information about the parole review | 11 | | process; and (3) information regarding
available resources, | 12 | | including trauma-informed therapy, they may access. If the | 13 | | Board does not have knowledge of the current address of the | 14 | | victim or family of the victim, it shall notify the State's | 15 | | Attorney of the county of commitment and request assistance in | 16 | | locating the victim or family of the victim. Those victims or | 17 | | family of the victims who advise the Board in writing that they | 18 | | no longer wish to be notified shall not receive future | 19 | | notices. A victim shall have the right to submit information | 20 | | by videotape, tape recording, or other electronic means. The | 21 | | victim may submit this material prior to or at the parole | 22 | | hearing. The victim also has the right to be heard at the | 23 | | parole hearing. | 24 | | (h) The hearing conducted by the Prisoner Review Board | 25 | | shall be governed by Sections 15 and 20, subsection (f) of | 26 | | Section 5, subsections (a), (a-5), (b), (b-5), and (c) of |
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| 1 | | Section 10, and subsection (d) of Section 25 of the Open Parole | 2 | | Hearings Act and Part 1610 of Title 20 of the Illinois | 3 | | Administrative Code. The eligible person has a right to be | 4 | | present at the Prisoner Review Board hearing, unless the | 5 | | Prisoner Review Board determines the eligible person's | 6 | | presence is unduly burdensome when conducting a hearing under | 7 | | paragraph (6.6) of subsection (a) of Section 3-3-2 of this | 8 | | Code. If a psychological evaluation is submitted for the | 9 | | Prisoner Review Board's consideration, it shall be prepared by | 10 | | a person who has expertise in adolescent brain development and | 11 | | behavior, and shall take into consideration the diminished | 12 | | culpability of youthful offenders, the hallmark features of | 13 | | youth, and any subsequent growth and increased maturity of the | 14 | | person. At the hearing, the eligible person shall have the | 15 | | right to make a statement on his or her own behalf. | 16 | | (i) Only upon motion for good cause shall the date for the | 17 | | Prisoner Review Board hearing, as set by subsection (b) of | 18 | | this Section, be changed. No less than 15 days prior to the | 19 | | hearing, the Prisoner Review Board shall notify the victim or | 20 | | victim representative, the attorney, and the eligible person | 21 | | of the exact date and time of the hearing. All hearings shall | 22 | | be open to the public. | 23 | | (j) The Prisoner Review Board shall not parole the | 24 | | eligible person if it determines that: | 25 | | (1) there is a substantial risk that the eligible | 26 | | person will not conform to reasonable conditions of parole |
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| 1 | | or aftercare release; or | 2 | | (2) the eligible person's release at that time would | 3 | | deprecate the seriousness of his or her offense or promote | 4 | | disrespect for the law; or | 5 | | (3) the eligible person's release would have a | 6 | | substantially adverse effect on institutional discipline. | 7 | | In considering the factors affecting the release | 8 | | determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner | 9 | | Review Board panel shall consider the diminished culpability | 10 | | of youthful offenders, the hallmark features of youth, and any | 11 | | subsequent growth and maturity of the youthful offender during | 12 | | incarceration. | 13 | | (k) Unless denied parole under subsection (j) of this | 14 | | Section and subject to the provisions of Section 3-3-9 of this | 15 | | Code: (1) the eligible person serving a sentence for any | 16 | | non-first degree murder offense or offenses, shall be released | 17 | | on parole which shall operate to discharge any remaining term | 18 | | of years sentence imposed upon him or her, notwithstanding any | 19 | | required mandatory supervised release period the eligible | 20 | | person is required to serve; and (2) the eligible person | 21 | | serving a sentence for any first degree murder offense, shall | 22 | | be released on mandatory supervised release for a period of 10 | 23 | | years subject to Section 3-3-8, which shall operate to | 24 | | discharge any remaining term of years sentence imposed upon | 25 | | him or her, however in no event shall the eligible person serve | 26 | | a period of mandatory supervised release greater than the |
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| 1 | | aggregate of the discharged underlying sentence and the | 2 | | mandatory supervised release period as sent forth in Section | 3 | | 5-4.5-20. | 4 | | (l) If the Prisoner Review Board denies parole after | 5 | | conducting the hearing under
subsection (j) of this Section, | 6 | | it shall issue a written decision which states the
rationale | 7 | | for denial, including the primary factors considered. This | 8 | | decision shall
be provided to the eligible person and his or | 9 | | her counsel within 30 days. | 10 | | (m) A person denied parole under subsection (j) of this | 11 | | Section, who is not
serving a sentence for either first degree | 12 | | murder , or aggravated criminal sexual
assault, or predatory | 13 | | criminal sexual assault of a child, shall be eligible for a | 14 | | second parole review by the Prisoner Review Board
5 years | 15 | | after the written decision under subsection (l) of this | 16 | | Section; a person
denied parole under subsection (j) of this | 17 | | Section, who is serving a sentence or
sentences for first | 18 | | degree murder , or aggravated criminal sexual assault , or | 19 | | predatory criminal sexual assault of a child shall be
eligible | 20 | | for a second and final parole review by the Prisoner Review | 21 | | Board 10
years after the written decision under subsection (k) | 22 | | of this Section. The
procedures for a second parole review | 23 | | shall be governed by subsections (c)
through (k) of this | 24 | | Section. | 25 | | (n) A person denied parole under subsection (m) of this | 26 | | Section, who is not
serving a sentence for either first degree |
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| 1 | | murder , or aggravated criminal sexual
assault, or predatory | 2 | | criminal sexual assault of a child, shall be eligible for a | 3 | | third and final parole review by the Prisoner Review
Board 5 | 4 | | years after the written decision under subsection (l) of this | 5 | | Section. The
procedures for the third and final parole review | 6 | | shall be governed by subsections
(c) through (k) of this | 7 | | Section. | 8 | | (o) Notwithstanding anything else to the contrary in this | 9 | | Section, nothing in this Section shall be construed to delay | 10 | | parole or mandatory supervised release consideration for | 11 | | petitioners who are or will be eligible for release earlier | 12 | | than this Section provides. Nothing in this Section shall be | 13 | | construed as a limit, substitution, or bar on a person's right | 14 | | to sentencing relief, or any other manner of relief, obtained | 15 | | by order of a court in proceedings other than as provided in | 16 | | this Section.
| 17 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
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