Full Text of SB1474 102nd General Assembly
SB1474sam001 102ND GENERAL ASSEMBLY | Sen. Terri Bryant Filed: 4/15/2021
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| 1 | | AMENDMENT TO SENATE BILL 1474
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1474 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-3-2 as follows:
| 6 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 7 | | Sec. 3-3-2. Powers and duties.
| 8 | | (a) The Parole and Pardon Board is abolished and the term | 9 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 10 | | read "Prisoner Review
Board." After February 1, 1978 ( the | 11 | | effective date of Public Act 81-1099) this amendatory Act of | 12 | | 1977 , the
Prisoner Review Board shall provide by rule for the | 13 | | orderly transition of
all files, records, and documents of the | 14 | | Parole and Pardon Board and for
such other steps as may be | 15 | | necessary to effect an orderly transition and shall:
| 16 | | (1) hear by at least one member and through a panel of |
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| 1 | | at least 3 members
decide, cases of prisoners
who were | 2 | | sentenced under the law in effect prior to February 1, | 3 | | 1978 ( the effective
date of Public Act 81-1099) this | 4 | | amendatory Act of 1977 , and who are eligible for parole;
| 5 | | (2) hear by at least one member and through a panel of | 6 | | at least 3 members decide, the conditions of
parole and | 7 | | the time of discharge from parole, impose sanctions for
| 8 | | violations of parole, and revoke
parole for those | 9 | | sentenced under the law in effect prior to February 1, | 10 | | 1978 (the effective
date of Public Act 81-1099) this | 11 | | amendatory
Act of 1977 ; provided that the decision to | 12 | | parole and the conditions of
parole for all prisoners who | 13 | | were sentenced for first degree murder or who
received a | 14 | | minimum sentence of 20 years or more under the law in | 15 | | effect
prior to February 1, 1978 shall be determined by a | 16 | | majority vote of the
Prisoner Review Board. One | 17 | | representative supporting parole and one representative | 18 | | opposing parole will be allowed to speak. Their comments | 19 | | shall be limited to making corrections and filling in | 20 | | omissions to the Board's presentation and discussion;
| 21 | | (3) hear by at least one member and through a panel of | 22 | | at least 3 members decide, the conditions
of mandatory | 23 | | supervised release and the time of discharge from | 24 | | mandatory
supervised release, impose sanctions for | 25 | | violations of mandatory
supervised release, and revoke | 26 | | mandatory supervised release for those
sentenced under the |
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| 1 | | law in effect after February 1, 1978 ( the effective date | 2 | | of Public Act 81-1099) this
amendatory Act of 1977 ;
| 3 | | (3.5) hear by at least one member and through a panel | 4 | | of at least 3 members decide, the conditions of mandatory | 5 | | supervised release and the time of discharge from | 6 | | mandatory supervised release, to impose sanctions for | 7 | | violations of mandatory supervised release and revoke | 8 | | mandatory supervised release for those serving extended | 9 | | supervised release terms pursuant to paragraph (4) of | 10 | | subsection (d) of Section 5-8-1;
| 11 | | (3.6) hear by at least one member and through a panel | 12 | | of at least 3 members decide whether to revoke aftercare | 13 | | release for those committed to the Department of Juvenile | 14 | | Justice under the Juvenile Court Act of 1987; | 15 | | (4) hear by at least one member and through a panel of | 16 | | at least 3
members,
decide cases brought by the Department | 17 | | of Corrections against a prisoner in
the custody of the | 18 | | Department for alleged violation of Department rules
with | 19 | | respect to sentence credits under Section 3-6-3 of this | 20 | | Code
in which the Department seeks to revoke sentence | 21 | | credits, if the amount
of time at issue exceeds 30 days or | 22 | | when, during any 12-month 12 month period, the
cumulative | 23 | | amount of credit revoked exceeds 30 days except where the
| 24 | | infraction is committed or discovered within 60 days of | 25 | | scheduled release.
In such cases, the Department of | 26 | | Corrections may revoke up to 30 days of
sentence credit. |
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| 1 | | The Board may subsequently approve the revocation of
| 2 | | additional sentence credit, if the Department seeks to | 3 | | revoke sentence credit in excess of 30 thirty days. | 4 | | However, the Board shall not be
empowered to review the | 5 | | Department's decision with respect to the loss of
30 days | 6 | | of sentence credit for any prisoner or to increase any | 7 | | penalty
beyond the length requested by the Department;
| 8 | | (5) hear by at least one member and through a panel of | 9 | | at least 3
members decide, the
release dates for certain | 10 | | prisoners sentenced under the law in existence
prior to | 11 | | February 1, 1978 ( the effective date of Public Act | 12 | | 81-1099) this amendatory Act of 1977 , in
accordance with | 13 | | Section 3-3-2.1 of this Code;
| 14 | | (6) hear by at least one member and through a panel of | 15 | | at least 3 members
decide, all requests for pardon, | 16 | | reprieve or commutation, and make confidential
| 17 | | recommendations to the Governor;
| 18 | | (6.5) hear by at least one member who is qualified in | 19 | | the field of juvenile matters and through a panel of at | 20 | | least 3 members, 2 of whom are qualified in the field of | 21 | | juvenile matters, decide parole review cases in accordance | 22 | | with Section 5-4.5-115 of this Code and make release | 23 | | determinations of persons under the age of 21 at the time | 24 | | of the commission of an offense or offenses, other than | 25 | | those persons serving sentences for first degree murder or | 26 | | aggravated criminal sexual assault; |
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| 1 | | (6.6) hear by at least a quorum of
the Prisoner Review | 2 | | Board and decide by a majority of members present at the | 3 | | hearing, in accordance with Section 5-4.5-115 of this
| 4 | | Code, release determinations of persons under the age of | 5 | | 21 at the
time of the commission of an offense or offenses | 6 | | of those persons serving
sentences for first degree murder | 7 | | or aggravated criminal sexual assault; | 8 | | (7) comply with the requirements of the Open Parole | 9 | | Hearings Act;
| 10 | | (8) hear by at least one member and, through a panel of | 11 | | at least 3
members, decide cases brought by the Department | 12 | | of Corrections against a
prisoner in the custody of the | 13 | | Department for court dismissal of a frivolous
lawsuit | 14 | | pursuant to Section 3-6-3(d) of this Code in which the | 15 | | Department seeks
to revoke up to 180 days of sentence | 16 | | credit, and if the prisoner has not
accumulated 180 days | 17 | | of sentence credit at the time of the dismissal, then
all | 18 | | sentence credit accumulated by the prisoner shall be | 19 | | revoked;
| 20 | | (9) hear by at least 3 members, and, through a panel of | 21 | | at least 3
members, decide whether to grant certificates | 22 | | of relief from
disabilities or certificates of good | 23 | | conduct as provided in Article 5.5 of
Chapter V; | 24 | | (10) upon a petition by a person who has been | 25 | | convicted of a Class 3 or Class 4 felony and who meets the | 26 | | requirements of this paragraph, hear by at least 3 members |
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| 1 | | and, with the unanimous vote of a panel of 3 members, issue | 2 | | a certificate of eligibility for sealing recommending that | 3 | | the court order the sealing of all official
records of the | 4 | | arresting authority, the circuit court clerk, and the | 5 | | Department of State Police concerning the arrest and | 6 | | conviction for the Class 3 or 4 felony. A person may not | 7 | | apply to the Board for a certificate of eligibility for | 8 | | sealing: | 9 | | (A) until 5 years have elapsed since the | 10 | | expiration of his or her sentence; | 11 | | (B) until 5 years have elapsed since any arrests | 12 | | or detentions by a law enforcement officer for an | 13 | | alleged violation of law, other than a petty offense, | 14 | | traffic offense, conservation offense, or local | 15 | | ordinance offense; | 16 | | (C) if convicted of a violation of the Cannabis | 17 | | Control Act, Illinois Controlled Substances Act, the | 18 | | Methamphetamine Control and Community Protection Act, | 19 | | the Methamphetamine Precursor Control Act, or the | 20 | | Methamphetamine Precursor Tracking Act unless the | 21 | | petitioner has completed a drug abuse program for the | 22 | | offense on which sealing is sought and provides proof | 23 | | that he or she has completed the program successfully; | 24 | | (D) if convicted of: | 25 | | (i) a sex offense described in Article 11 or | 26 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of |
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| 1 | | the Criminal Code of 1961 or the Criminal Code of | 2 | | 2012; | 3 | | (ii) aggravated assault; | 4 | | (iii) aggravated battery; | 5 | | (iv) domestic battery; | 6 | | (v) aggravated domestic battery; | 7 | | (vi) violation of an order of protection; | 8 | | (vii) an offense under the Criminal Code of | 9 | | 1961 or the Criminal Code of 2012 involving a | 10 | | firearm; | 11 | | (viii) driving while under the influence of | 12 | | alcohol, other drug or drugs, intoxicating | 13 | | compound or compounds , or any combination thereof; | 14 | | (ix) aggravated driving while under the | 15 | | influence of alcohol, other drug or drugs, | 16 | | intoxicating compound or compounds , or any | 17 | | combination thereof; or | 18 | | (x) any crime defined as a crime of violence | 19 | | under Section 2 of the Crime Victims Compensation | 20 | | Act. | 21 | | If a person has applied to the Board for a certificate | 22 | | of eligibility for sealing and the Board denies the | 23 | | certificate, the person must wait at least 4 years before | 24 | | filing again or filing for pardon from the Governor unless | 25 | | the Chairman of the Prisoner Review Board grants a waiver. | 26 | | The decision to issue or refrain from issuing a |
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| 1 | | certificate of eligibility for sealing shall be at the | 2 | | Board's sole discretion, and shall not give rise to any | 3 | | cause of action against either the Board or its members. | 4 | | The Board may only authorize the sealing of Class 3 | 5 | | and 4 felony convictions of the petitioner from one | 6 | | information or indictment under this paragraph (10). A | 7 | | petitioner may only receive one certificate of eligibility | 8 | | for sealing under this provision for life; and
| 9 | | (11) upon a petition by a person who after having been | 10 | | convicted of a Class 3 or Class 4 felony thereafter served | 11 | | in the United States Armed Forces or National Guard of | 12 | | this or any other state and had received an honorable | 13 | | discharge from the United States Armed Forces or National | 14 | | Guard or who at the time of filing the petition is enlisted | 15 | | in the United States Armed Forces or National Guard of | 16 | | this or any other state and served one tour of duty and who | 17 | | meets the requirements of this paragraph, hear by at least | 18 | | 3 members and, with the unanimous vote of a panel of 3 | 19 | | members, issue a certificate of eligibility for | 20 | | expungement recommending that the court order the | 21 | | expungement of all official
records of the arresting | 22 | | authority, the circuit court clerk, and the Department of | 23 | | State Police concerning the arrest and conviction for the | 24 | | Class 3 or 4 felony. A person may not apply to the Board | 25 | | for a certificate of eligibility for expungement: | 26 | | (A) if convicted of: |
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| 1 | | (i) a sex offense described in Article 11 or | 2 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 3 | | the Criminal Code of 1961 or Criminal Code of | 4 | | 2012; | 5 | | (ii) an offense under the Criminal Code of | 6 | | 1961 or Criminal Code of 2012 involving a firearm; | 7 | | or | 8 | | (iii) a crime of violence as defined in | 9 | | Section 2 of the Crime Victims Compensation Act; | 10 | | or | 11 | | (B) if the person has not served in the United | 12 | | States Armed Forces or National Guard of this or any | 13 | | other state or has not received an honorable discharge | 14 | | from the United States Armed Forces or National Guard | 15 | | of this or any other state or who at the time of the | 16 | | filing of the petition is serving in the United States | 17 | | Armed Forces or National Guard of this or any other | 18 | | state and has not completed one tour of duty. | 19 | | If a person has applied to the Board for a certificate | 20 | | of eligibility for expungement and the Board denies the | 21 | | certificate, the person must wait at least 4 years before | 22 | | filing again or filing for a pardon with authorization for | 23 | | expungement from the Governor unless the Governor or | 24 | | Chairman of the Prisoner Review Board grants a waiver. | 25 | | (a-5) The Prisoner Review Board, with the cooperation of | 26 | | and in
coordination with the Department of Corrections and the |
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| 1 | | Department of Central
Management Services, shall implement a | 2 | | pilot project in 3 correctional
institutions providing for the | 3 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 4 | | (a) of this Section through interactive video conferences.
The
| 5 | | project shall be implemented within 6 months after January 1, | 6 | | 1997 ( the effective date of Public Act 89-490) this
amendatory | 7 | | Act of 1996 . Within 6 months after the implementation of the | 8 | | pilot
project, the Prisoner Review Board, with the cooperation | 9 | | of and in coordination
with the Department of Corrections and | 10 | | the Department of Central Management
Services, shall report to | 11 | | the Governor and the General Assembly regarding the
use, | 12 | | costs, effectiveness, and future viability of interactive | 13 | | video
conferences for Prisoner Review Board hearings.
| 14 | | (b) Upon recommendation of the Department the Board may | 15 | | restore sentence credit previously revoked.
| 16 | | (c) The Board shall cooperate with the Department in | 17 | | promoting an
effective system of parole and mandatory | 18 | | supervised release.
| 19 | | (d) The Board shall promulgate rules for the conduct of | 20 | | its work,
and the Chairman shall file a copy of such rules and | 21 | | any amendments
thereto with the Director and with the | 22 | | Secretary of State.
| 23 | | (e) The Board shall keep records of all of its official | 24 | | actions and
shall make them accessible in accordance with law | 25 | | and the rules of the
Board.
| 26 | | (f) The Board or one who has allegedly violated the |
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| 1 | | conditions of
his or her parole, aftercare release, or | 2 | | mandatory supervised release may require by subpoena the
| 3 | | attendance and testimony of witnesses and the production of | 4 | | documentary
evidence relating to any matter under | 5 | | investigation or hearing. The
Chairman of the Board may sign | 6 | | subpoenas which shall be served by any
agent or public | 7 | | official authorized by the Chairman of the Board, or by
any | 8 | | person lawfully authorized to serve a subpoena under the laws | 9 | | of the
State of Illinois. The attendance of witnesses, and the | 10 | | production of
documentary evidence, may be required from any | 11 | | place in the State to a
hearing location in the State before | 12 | | the Chairman of the Board or his or her
designated agent or | 13 | | agents or any duly constituted Committee or
Subcommittee of | 14 | | the Board. Witnesses so summoned shall be paid the same
fees | 15 | | and mileage that are paid witnesses in the circuit courts of | 16 | | the
State, and witnesses whose depositions are taken and the | 17 | | persons taking
those depositions are each entitled to the same | 18 | | fees as are paid for
like services in actions in the circuit | 19 | | courts of the State. Fees and
mileage shall be vouchered for | 20 | | payment when the witness is discharged
from further | 21 | | attendance.
| 22 | | In case of disobedience to a subpoena, the Board may | 23 | | petition any
circuit court of the State for an order requiring | 24 | | the attendance and
testimony of witnesses or the production of | 25 | | documentary evidence or
both. A copy of such petition shall be | 26 | | served by personal service or by
registered or certified mail |
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| 1 | | upon the person who has failed to obey the
subpoena, and such | 2 | | person shall be advised in writing that a hearing
upon the | 3 | | petition will be requested in a court room to be designated in
| 4 | | such notice before the judge hearing motions or extraordinary | 5 | | remedies
at a specified time, on a specified date, not less | 6 | | than 10 nor more than
15 days after the deposit of the copy of | 7 | | the written notice and petition
in the U.S. mail mails | 8 | | addressed to the person at his or her last known address or
| 9 | | after the personal service of the copy of the notice and | 10 | | petition upon
such person. The court upon the filing of such a | 11 | | petition, may order the
person refusing to obey the subpoena | 12 | | to appear at an investigation or
hearing, or to there produce | 13 | | documentary evidence, if so ordered, or to
give evidence | 14 | | relative to the subject matter of that investigation or
| 15 | | hearing. Any failure to obey such order of the circuit court | 16 | | may be
punished by that court as a contempt of court.
| 17 | | Each member of the Board and any hearing officer | 18 | | designated by the
Board shall have the power to administer | 19 | | oaths and to take the testimony
of persons under oath.
| 20 | | (g) Except under subsection (a) of this Section, a | 21 | | majority of the
members then appointed to the Prisoner Review | 22 | | Board shall constitute a
quorum for the transaction of all | 23 | | business of the Board.
| 24 | | (h) The Prisoner Review Board shall annually transmit to | 25 | | the
Director a detailed report of its work for the preceding | 26 | | calendar year.
The report shall list how many C-Number Cases |
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| 1 | | and Good Conduct Requests are considered, granted, and denied | 2 | | by the Board, disaggregated by offense, including, but not | 3 | | limited to, murder and offenses involving sexual conduct or | 4 | | sexual penetration, and indicate if the victims were under 18 | 5 | | or members of law enforcement. The annual report shall also be | 6 | | transmitted to the Governor for
submission to the Legislature | 7 | | and shall be published on the Board's website no later than | 8 | | March 1 of each year .
| 9 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20; | 10 | | revised 8-19-20.)".
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