Illinois General Assembly - Full Text of HB3613
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Full Text of HB3613  102nd General Assembly


Rep. Justin Slaughter

Filed: 2/9/2022





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2    AMENDMENT NO. ______. Amend House Bill 3613 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-3 and 3-3-5 and by adding Section 3-3-16
6as 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
10release date established by the Prisoner Review Board under
11Section 3-3-2.1, every person serving a term of imprisonment
12under the law in effect prior to the effective date of this
13amendatory Act of 1977 shall be eligible for parole when he or
14she has served:
15        (1) the minimum term of an indeterminate sentence less
16    time credit for good behavior, or 20 years less time



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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
7or who accepts a release date under Section 3-3-2.1 shall be
8eligible for parole.
9    (c) Subject to Section 3-3-16 Except for those sentenced
10to a term of natural life imprisonment, every person sentenced
11to imprisonment under this amendatory Act of 1977 or given a
12release date under Section 3-3-2.1 of this Act shall serve the
13full term of a determinate sentence less time credit for good
14behavior and shall then be released under the mandatory
15supervised release provisions of paragraph (d) of Section
165-8-1 of this Code.
17    (d) (Blank). No person serving a term of natural life
18imprisonment may be paroled or released except through
19executive clemency.
20    (d-5) A person serving a term of natural life imprisonment
21is eligible for parole under Section 3-3-16 and mandatory
22supervised release under subsection (d) of Section 5-8-1.
23    (e) Every person committed to the Department of Juvenile
24Justice under the Juvenile Court Act of 1987 and confined in
25the State correctional institutions or facilities if such
26juvenile has not been tried as an adult shall be eligible for



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1aftercare release under Section 3-2.5-85 of this Code.
2However, if a juvenile has been tried as an adult he or she
3shall only be eligible for parole or mandatory supervised
4release 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
9requires to consider the cases of persons eligible for parole.
10Except 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
12Prisoner Review Board may meet and order its actions in panels
13of 3 or more members. The action of a majority of the panel
14shall be the action of the Board.
15    (b) If the person under consideration for parole is in the
16custody of the Department, at least one member of the Board
17shall interview him or her, and a report of that interview
18shall be available for the Board's consideration. However, in
19the discretion of the Board, the interview need not be
20conducted if a psychiatric examination determines that the
21person could not meaningfully contribute to the Board's
22consideration. The Board may in its discretion parole a person
23who is then outside the jurisdiction on his or her record
24without an interview. The Board need not hold a hearing or
25interview a person who is paroled under paragraphs (d) or (e)



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1of this Section or released on Mandatory release under Section
3    (c) The Board shall not parole a person eligible for
4parole 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
15imprisonment imposed at the time of sentencing less time
16credit for good behavior shall be released on parole to serve a
17period of parole under Section 5-8-1.
18    (f) The Board shall render its decision within a
19reasonable time after hearing and shall state the basis
20therefor both in the records of the Board and in written notice
21to the person on whose application it has acted. In its
22decision, the Board shall set the person's time for parole, or
23if it denies parole it shall provide for a rehearing not less
24frequently than once every year, except that the Board may,
25after denying parole, schedule a rehearing no later than 5
26years from the date of the parole denial, if the Board finds



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1that it is not reasonable to expect that parole would be
2granted at a hearing prior to the scheduled rehearing date. If
3the Board shall parole a person, and, if he or she is not
4released within 90 days from the effective date of the order
5granting parole, the matter shall be returned to the Board for
7    (f-1) If the Board paroles a person who is eligible for
8commitment as a sexually violent person, the effective date of
9the Board's order shall be stayed for 90 days for the purpose
10of evaluation and proceedings under the Sexually Violent
11Persons Commitment Act.
12    (g) The Board shall maintain a registry of decisions in
13which parole has been granted, which shall include the name
14and case number of the prisoner, the highest charge for which
15the prisoner was sentenced, the length of sentence imposed,
16the date of the sentence, the date of the parole, and the basis
17for the decision of the Board to grant parole and the vote of
18the Board on any such decisions. The registry shall be made
19available for public inspection and copying during business
20hours and shall be a public record pursuant to the provisions
21of the Freedom of Information Act.
22    (h) The Board shall promulgate rules regarding the
23exercise of its discretion under this Section.
24(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;
2599-628, eff. 1-1-17.)



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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
4and served at least 25 consecutive years of incarceration
5shall be eligible to submit a petition to the Prisoner Review
6Board seeking parole.
7    (b) The Board shall hold a hearing on each petition, and in
8determining whether an eligible person should be granted
9parole, the Prisoner Review Board shall consider the following
10factors 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



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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
10subsection (b) or employment opportunities were not available
11in the correctional institution, the Board shall not penalize
12the committed person in his or her petition for parole under
13this Section.
14    (c) Victims' families shall be notified in a timely manner
15and be provided the opportunity to participate at the parole
16hearing concerning the petitioner's application for parole
17under this Section in accordance with the Rights of Crime
18Victims and Witnesses Act, the Open Parole Hearings Act, and
19this Section.
20    (d) Prisoner Review Board hearings under this Section
21shall be conducted by a panel of at least 8 members of the
22Board and a majority vote of the panel is required to grant the
23petition and release the petitioner on parole.
24    (e) The Board shall render its decision within a
25reasonable time after hearing and shall state the basis of its
26decision both in the records of the Board and in written notice



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1to the person on whose petition it has acted. In its decision,
2the Board shall set the person's time for parole or if it
3denies parole, it shall provide for a rehearing no later than 3
4years after denial of parole.
5    (f) This Section applies retroactively to all persons
6serving any sentence that was or is imposed before, on, or
7after the effective date of this amendatory Act of the 102nd
8General Assembly, and the period of incarceration for
9eligibility of each such person to submit a petition for
10parole is based on all previous consecutive years of
11incarceration served by that person before, on, and after the
12effective date of this amendatory Act of the 102nd General
13Assembly. This application of this amendatory Act of the 102nd
14General Assembly is necessary in order to serve important
15public purposes, including providing a means for incarcerated
16individuals to be restored to useful citizenship, and
17decreasing the rising costs of incarceration.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".