Full Text of HB3613 102nd General Assembly
HB3613ham001 102ND GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 2/9/2022
| | 10200HB3613ham001 | | LRB102 14143 RLC 35958 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3613
| 2 | | AMENDMENT NO. ______. Amend House Bill 3613 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-3 and 3-3-5 and by adding Section 3-3-16 | 6 | | as follows:
| 7 | | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 8 | | Sec. 3-3-3. Eligibility for parole or release.
| 9 | | (a) Except for those offenders who accept the fixed | 10 | | release
date established by the Prisoner Review Board under | 11 | | Section
3-3-2.1, every person serving a term of imprisonment | 12 | | under
the law in effect prior to the effective date of this
| 13 | | amendatory Act of 1977 shall be eligible for parole when
he or | 14 | | she has served:
| 15 | | (1) the minimum term of an indeterminate sentence less
| 16 | | time credit for good behavior, or 20 years less time |
| | | 10200HB3613ham001 | - 2 - | LRB102 14143 RLC 35958 a |
|
| 1 | | credit
for good behavior, whichever is less; or
| 2 | | (2) 20 years of a life sentence less time credit for | 3 | | good behavior; or
| 4 | | (3) 20 years or one-third of a determinate sentence,
| 5 | | whichever is less, less time credit for good behavior.
| 6 | | (b) No person sentenced under this amendatory Act of 1977 | 7 | | or who accepts
a release date under Section 3-3-2.1 shall be | 8 | | eligible for parole.
| 9 | | (c) Subject to Section 3-3-16 Except for those sentenced | 10 | | to a term of natural
life imprisonment , every person sentenced | 11 | | to imprisonment
under this amendatory Act of 1977 or given a | 12 | | release date
under Section 3-3-2.1 of this Act shall serve the | 13 | | full term
of a determinate sentence less time credit for good | 14 | | behavior
and shall then be released under the mandatory | 15 | | supervised
release provisions of paragraph (d) of Section | 16 | | 5-8-1 of this Code.
| 17 | | (d) (Blank). No person serving a term of natural life | 18 | | imprisonment may be paroled
or released except through | 19 | | executive clemency.
| 20 | | (d-5) A person serving a term of natural life imprisonment | 21 | | is eligible for parole under Section 3-3-16 and mandatory | 22 | | supervised release under subsection (d) of Section 5-8-1. | 23 | | (e) Every person committed to the Department of Juvenile | 24 | | Justice under the Juvenile
Court Act
of 1987 and confined in | 25 | | the State correctional
institutions or facilities if such | 26 | | juvenile has not been
tried as an adult shall be eligible for |
| | | 10200HB3613ham001 | - 3 - | LRB102 14143 RLC 35958 a |
|
| 1 | | aftercare release under Section 3-2.5-85 of this Code.
| 2 | | However, if a juvenile has been tried as an adult he or she | 3 | | shall
only be eligible for parole or mandatory supervised | 4 | | release
as an adult under this Section.
| 5 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| 6 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 7 | | Sec. 3-3-5. Hearing and determination.
| 8 | | (a) The Prisoner
Review Board shall meet as often as need | 9 | | requires to consider
the cases of persons eligible for parole. | 10 | | Except as otherwise
provided in paragraph (2) of subsection | 11 | | (a) of Section 3-3-2
or in Section 3-3-16 of this Act, the | 12 | | Prisoner Review Board may meet and
order its actions in panels | 13 | | of 3 or more members. The action
of a majority of the panel | 14 | | shall be the action of the Board.
| 15 | | (b) If the person under consideration for parole is in the
| 16 | | custody of the Department, at least one member of the Board
| 17 | | shall interview him or her, and a report of that interview | 18 | | shall be
available for the Board's consideration. However, in | 19 | | the
discretion of the Board, the interview need not be | 20 | | conducted
if a psychiatric examination determines that the | 21 | | person could
not meaningfully contribute to the Board's | 22 | | consideration. The
Board may in its discretion parole a person | 23 | | who is then outside
the jurisdiction on his or her record | 24 | | without an interview. The Board
need not hold a hearing or | 25 | | interview a person who is paroled
under paragraphs (d) or (e) |
| | | 10200HB3613ham001 | - 4 - | LRB102 14143 RLC 35958 a |
|
| 1 | | of this Section or released on
Mandatory release under Section | 2 | | 3-3-10.
| 3 | | (c) The Board shall not parole a person eligible for
| 4 | | parole if it determines that:
| 5 | | (1) there is a substantial risk that he or she will not
| 6 | | conform to reasonable conditions of parole or aftercare | 7 | | release; or
| 8 | | (2) his or her release at that time would deprecate | 9 | | the
seriousness of his or her offense or promote | 10 | | disrespect for the law; or
| 11 | | (3) his or her release would have a substantially | 12 | | adverse
effect on institutional discipline.
| 13 | | (d) (Blank).
| 14 | | (e) A person who has served the maximum term of
| 15 | | imprisonment imposed at the time of sentencing less time
| 16 | | credit for good behavior shall be released on parole to
serve a | 17 | | period of parole under Section 5-8-1.
| 18 | | (f) The Board shall render its decision within a
| 19 | | reasonable time after hearing and shall state the basis
| 20 | | therefor both in the records of the Board and in written
notice | 21 | | to the person on whose application it has acted.
In its | 22 | | decision, the Board shall set the person's time
for parole, or | 23 | | if it denies parole it shall provide for
a rehearing not less | 24 | | frequently than once every
year, except that the Board may,
| 25 | | after denying parole,
schedule a rehearing no later than 5 | 26 | | years from the date of the parole
denial, if the Board finds |
| | | 10200HB3613ham001 | - 5 - | LRB102 14143 RLC 35958 a |
|
| 1 | | that it is not reasonable to expect that parole
would be | 2 | | granted at a hearing prior to the scheduled rehearing date. If | 3 | | the
Board shall parole a person, and, if he or she is not | 4 | | released within 90 days from
the effective date of the order | 5 | | granting parole, the matter shall be
returned to the Board for | 6 | | review.
| 7 | | (f-1) If the Board paroles a person who is eligible for | 8 | | commitment as a sexually violent person, the effective date of | 9 | | the Board's order shall be stayed for 90 days for the purpose | 10 | | of evaluation and proceedings under the Sexually Violent | 11 | | Persons Commitment Act. | 12 | | (g) The Board shall maintain a registry of decisions in | 13 | | which parole
has been granted, which shall include the name | 14 | | and case number of the
prisoner, the highest charge for which | 15 | | the prisoner was sentenced, the
length of sentence imposed, | 16 | | the date of the sentence, the date of the
parole, and the basis | 17 | | for the decision of the Board to grant parole and the
vote of | 18 | | the Board on any such decisions. The registry shall be made | 19 | | available
for public inspection and copying during business | 20 | | hours and shall be a public
record pursuant to the provisions | 21 | | of the Freedom of Information Act.
| 22 | | (h) The Board shall promulgate rules regarding the | 23 | | exercise
of its discretion under this Section.
| 24 | | (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; | 25 | | 99-628, eff. 1-1-17 .)
|
| | | 10200HB3613ham001 | - 6 - | LRB102 14143 RLC 35958 a |
|
| 1 | | (730 ILCS 5/3-3-16 new) | 2 | | Sec. 3-3-16. Long term incarceration; petition for parole. | 3 | | (a) A committed person who has attained the age of 55 years | 4 | | and served at least 25 consecutive years of incarceration | 5 | | shall be eligible to submit a petition to the Prisoner Review | 6 | | Board seeking parole. | 7 | | (b) The Board shall hold a hearing on each petition, and in | 8 | | determining whether an eligible person should be granted | 9 | | parole, the Prisoner Review Board shall consider the following | 10 | | factors as shown by the petition or as shown at the hearing: | 11 | | (1) a statement by the petitioner as to the reasons | 12 | | why the petitioner believes he or she should be paroled, | 13 | | including estimated costs of continuing imprisonment. This | 14 | | statement may include a risk assessment by a third party; | 15 | | (2) evidence of the petitioner's rehabilitation
during | 16 | | the period of the petitioner's incarceration, including | 17 | | remorse for his or her criminal behavior, if applicable, | 18 | | and his or her commitment not to recidivate. Maintaining | 19 | | innocence shall not prevent a person from being granted | 20 | | parole; | 21 | | (3) character references and community support for the | 22 | | petitioner's release; | 23 | | (4) evidence of the petitioner's participation in | 24 | | educational, vocational, substance abuse, behavior | 25 | | modification programs, life skills courses, re-entry | 26 | | planning, or correctional industry programs and |
| | | 10200HB3613ham001 | - 7 - | LRB102 14143 RLC 35958 a |
|
| 1 | | independent efforts at rehabilitation; | 2 | | (5) evidence of the petitioner's employment history in | 3 | | the correctional institution; | 4 | | (6) the petitioner's criminal history; | 5 | | (7) the petitioner's disciplinary history while | 6 | | incarcerated in the correctional institution; and | 7 | | (8) the petitioner's plans for housing upon release | 8 | | from incarceration. | 9 | | If the programs described in paragraph (4) of this
| 10 | | subsection (b) or employment opportunities were not available | 11 | | in the correctional institution, the Board shall not penalize | 12 | | the committed person in his or her petition for parole under | 13 | | this Section. | 14 | | (c) Victims' families shall be notified in a timely manner | 15 | | and be provided the opportunity to participate at the parole | 16 | | hearing concerning the petitioner's application for parole | 17 | | under this Section in accordance with the Rights of Crime | 18 | | Victims and Witnesses Act, the Open Parole Hearings Act, and | 19 | | this Section. | 20 | | (d) Prisoner Review Board hearings under this Section | 21 | | shall be conducted by a panel of at least 8 members of the
| 22 | | Board and a majority vote of the panel is required to grant the | 23 | | petition and release the petitioner on parole. | 24 | | (e) The Board shall render its decision within a | 25 | | reasonable time after hearing and shall state the basis of its | 26 | | decision both in the records of the Board and in written notice |
| | | 10200HB3613ham001 | - 8 - | LRB102 14143 RLC 35958 a |
|
| 1 | | to the person on whose petition it has acted. In its decision, | 2 | | the Board shall set the person's time for parole or if it | 3 | | denies parole, it shall provide for a rehearing no later than 3 | 4 | | years after denial of parole. | 5 | | (f) This Section applies retroactively to all persons | 6 | | serving any sentence that was or is imposed before, on, or | 7 | | after the effective date of this amendatory Act of the 102nd | 8 | | General Assembly, and the period of incarceration for | 9 | | eligibility of each such person to submit a petition for | 10 | | parole is based on all previous consecutive years of | 11 | | incarceration served by that person before, on, and after the | 12 | | effective date of this amendatory Act of the 102nd General | 13 | | Assembly. This application of this amendatory Act of the 102nd | 14 | | General Assembly is necessary in order to serve important | 15 | | public purposes, including providing a means for incarcerated | 16 | | individuals to be restored to useful citizenship, and | 17 | | decreasing the rising costs of incarceration.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
|
|