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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB4267enr HB4267 Enrolled LRB9105204RCprA 1 AN ACT to amend the Unified Code of Corrections by 2 changing Section 3-3-1, 3-3-2, and 3-3-5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unified Code of Corrections is amended by 6 changing Sections 3-3-1, 3-3-2, and 3-3-5 as follows: 7 (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1) 8 Sec. 3-3-1. Establishment and Appointment of Prisoner 9 Review Board. 10 (a) There shall be a Prisoner Review Board independent 11 of the Department of Corrections which shall be: 12 (1) the paroling authority for persons sentenced 13 under the law in effect prior to the effective date of 14 this amendatory Act of 1977; 15 (2) the board of review for cases involving the 16 revocation of good conduct credits or a suspension or 17 reduction in the rate of accumulating such credit; 18 (3) the board of review and recommendation for the 19 exercise of executive clemency by the Governor; 20 (4) the authority for establishing release dates 21 for certain prisoners sentenced under the law in 22 existence prior to the effective date of this amendatory 23 Act of 1977, in accordance with Section 3-3-2.1 of this 24 Code; 25 (5) the authority for setting conditions for parole 26 and mandatory supervised release under Section 5-8-1(a) 27 of this Code, and determining whether a violation of 28 those conditions warrant revocation of parole or 29 mandatory supervised release or the imposition of other 30 sanctions. 31 (b) The Board shall consist of 15 persons appointed by HB4267 Enrolled -2- LRB9105204RCprA 1 the Governor by and with the advice and consent of the 2 Senate. One member of the Board shall be designated by the 3 Governor to be Chairman and shall serve as Chairman at the 4 pleasure of the Governor. The members of the Board shall have 5 had at least 5 years of actual experience in the fields of 6 penology, corrections work, law enforcement, sociology, law, 7 education, social work, medicine, psychology, other 8 behavioral sciences, or a combination thereof. At least 679 members so appointed must have had at least 3 years 10 experience in the field of juvenile matters. No more than 8 11 Board members may be members of the same political party. 12 Each member of the Board shall serve on a full time basis and 13 shall not hold any other salaried public office, whether 14 elective or appointive. The Chairman of the Board shall 15 receive $35,000 a year, or an amount set by the Compensation 16 Review Board, whichever is greater, and each other member 17 $30,000, or an amount set by the Compensation Review Board, 18 whichever is greater. 19 (c) The terms of the present members of the Prisoner 20 Review Board shall expire on the effective date of this 21 amendatory Act of 1985, but the incumbent members shall 22 continue to exercise all of the powers and be subject to all 23 the duties of members of the Board until their respective 24 successors are appointed and qualified. The Governor shall 25 appoint 3 members to the Prisoner Review Board whose terms 26 shall expire on the third Monday in January 1987, 4 members 27 whose terms shall expire on the third Monday in January 1989, 28 and 3 members whose terms shall expire on the third Monday in 29 January 1991. The term of one of the members created by this 30 amendatory Act of 1986 shall expire on the third Monday in 31 January 1989 and the term of the other shall expire on the 32 third Monday in January 1991. The initial terms of the 3 33 additional members appointed pursuant to this amendatory Act 34 of the 91st General Assembly shall expire on the third Monday HB4267 Enrolled -3- LRB9105204RCprA 1 in January 2006. Their respective successors shall be 2 appointed for terms of 6 years from the third Monday in 3 January of the year of appointment. Each member shall serve 4 until his successor is appointed and qualified. Any member 5 may be removed by the Governor for incompetence, neglect of 6 duty, malfeasance or inability to serve. 7 (d) The Chairman of the Board shall be its chief 8 executive and administrative officer. 9 (Source: P.A. 91-798, eff. 7-9-00.) 10 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2) 11 Sec. 3-3-2. Powers and Duties. 12 (a) The Parole and Pardon Board is abolished and the 13 term "Parole and Pardon Board" as used in any law of 14 Illinois, shall read "Prisoner Review Board." After the 15 effective date of this amendatory Act of 1977, the Prisoner 16 Review Board shall provide by rule for the orderly transition 17 of all files, records, and documents of the Parole and Pardon 18 Board and for such other steps as may be necessary to effect 19 an orderly transition and shall: 20 (1) hear by at least one member and through a panel 21 of at least 35members decide, cases of prisoners who 22 were sentenced under the law in effect prior to the 23 effective date of this amendatory Act of 1977, and who 24 are eligible for parole; 25 (2) hear by at least one member and through a panel 26 of at least 35members decide, the conditions of parole 27 and the time of discharge from parole, impose sanctions 28 for violations of parole, and revoke parole for those 29 sentenced under the law in effect prior to this 30 amendatory Act of 1977; provided that the decision to 31 parole and the conditions of parole for all prisoners who 32 were sentenced for first degree murder or who received a 33 minimum sentence of 20 years or more under the law in HB4267 Enrolled -4- LRB9105204RCprA 1 effect prior to February 1, 1978 shall be determined by a 2 majority vote of the Prisoner Review Board; 3 (3) hear by at least one member and through a panel 4 of at least 35members decide, the conditions of 5 mandatory supervised release and the time of discharge 6 from mandatory supervised release, impose sanctions for 7 violations of mandatory supervised release, and revoke 8 mandatory supervised release for those sentenced under 9 the law in effect after the effective date of this 10 amendatory Act of 1977; 11 (4) hear by at least 1 member and through a panel 12 of at least 35members, decide cases brought by the 13 Department of Corrections against a prisoner in the 14 custody of the Department for alleged violation of 15 Department rules with respect to good conduct credits 16 pursuant to Section 3-6-3 of this Code in which the 17 Department seeks to revoke good conduct credits, if the 18 amount of time at issue exceeds 30 days or when, during 19 any 12 month period, the cumulative amount of credit 20 revoked exceeds 30 days except where the infraction is 21 committed or discovered within 60 days of scheduled 22 release. In such cases, the Department of Corrections may 23 revoke up to 30 days of good conduct credit. The Board 24 may subsequently approve the revocation of additional 25 good conduct credit, if the Department seeks to revoke 26 good conduct credit in excess of thirty days. However, 27 the Board shall not be empowered to review the 28 Department's decision with respect to the loss of 30 days 29 of good conduct credit for any prisoner or to increase 30 any penalty beyond the length requested by the 31 Department; 32 (5) hear by at least one member and through a panel 33 of at least 35members decide, the release dates for 34 certain prisoners sentenced under the law in existence HB4267 Enrolled -5- LRB9105204RCprA 1 prior to the effective date of this amendatory Act of 2 1977, in accordance with Section 3-3-2.1 of this Code; 3 (6) hear by at least one member and through a panel 4 of at least 35members decide, all requests for pardon, 5 reprieve or commutation, and make confidential 6 recommendations to the Governor; 7 (7) comply with the requirements of the Open Parole 8 Hearings Act; and 9 (8) hear by at least one member and, through a 10 panel of at least 35members, decide cases brought by 11 the Department of Corrections against a prisoner in the 12 custody of the Department for court dismissal of a 13 frivolous lawsuit pursuant to Section 3-6-3(d) of this 14 Code in which the Department seeks to revoke up to 180 15 days of good conduct credit, and if the prisoner has not 16 accumulated 180 days of good conduct credit at the time 17 of the dismissal, then all good conduct credit 18 accumulated by the prisoner shall be revoked. 19 (a-5) The Prisoner Review Board, with the cooperation of 20 and in coordination with the Department of Corrections and 21 the Department of Central Management Services, shall 22 implement a pilot project in 3 correctional institutions 23 providing for the conduct of hearings under paragraphs (1) 24 and (4) of subsection (a) of this Section through interactive 25 video conferences. The project shall be implemented within 6 26 months after the effective date of this amendatory Act of 27 1996. Within 6 months after the implementation of the pilot 28 project, the Prisoner Review Board, with the cooperation of 29 and in coordination with the Department of Corrections and 30 the Department of Central Management Services, shall report 31 to the Governor and the General Assembly regarding the use, 32 costs, effectiveness, and future viability of interactive 33 video conferences for Prisoner Review Board hearings. 34 (b) Upon recommendation of the Department the Board may HB4267 Enrolled -6- LRB9105204RCprA 1 restore good conduct credit previously revoked. 2 (c) The Board shall cooperate with the Department in 3 promoting an effective system of parole and mandatory 4 supervised release. 5 (d) The Board shall promulgate rules for the conduct of 6 its work, and the Chairman shall file a copy of such rules 7 and any amendments thereto with the Director and with the 8 Secretary of State. 9 (e) The Board shall keep records of all of its official 10 actions and shall make them accessible in accordance with law 11 and the rules of the Board. 12 (f) The Board or one who has allegedly violated the 13 conditions of his parole or mandatory supervised release may 14 require by subpoena the attendance and testimony of witnesses 15 and the production of documentary evidence relating to any 16 matter under investigation or hearing. The Chairman of the 17 Board may sign subpoenas which shall be served by any agent 18 or public official authorized by the Chairman of the Board, 19 or by any person lawfully authorized to serve a subpoena 20 under the laws of the State of Illinois. The attendance of 21 witnesses, and the production of documentary evidence, may be 22 required from any place in the State to a hearing location in 23 the State before the Chairman of the Board or his designated 24 agent or agents or any duly constituted Committee or 25 Subcommittee of the Board. Witnesses so summoned shall be 26 paid the same fees and mileage that are paid witnesses in the 27 circuit courts of the State, and witnesses whose depositions 28 are taken and the persons taking those depositions are each 29 entitled to the same fees as are paid for like services in 30 actions in the circuit courts of the State. Fees and mileage 31 shall be vouchered for payment when the witness is discharged 32 from further attendance. 33 In case of disobedience to a subpoena, the Board may 34 petition any circuit court of the State for an order HB4267 Enrolled -7- LRB9105204RCprA 1 requiring the attendance and testimony of witnesses or the 2 production of documentary evidence or both. A copy of such 3 petition shall be served by personal service or by registered 4 or certified mail upon the person who has failed to obey the 5 subpoena, and such person shall be advised in writing that a 6 hearing upon the petition will be requested in a court room 7 to be designated in such notice before the judge hearing 8 motions or extraordinary remedies at a specified time, on a 9 specified date, not less than 10 nor more than 15 days after 10 the deposit of the copy of the written notice and petition in 11 the U.S. mails addressed to the person at his last known 12 address or after the personal service of the copy of the 13 notice and petition upon such person. The court upon the 14 filing of such a petition, may order the person refusing to 15 obey the subpoena to appear at an investigation or hearing, 16 or to there produce documentary evidence, if so ordered, or 17 to give evidence relative to the subject matter of that 18 investigation or hearing. Any failure to obey such order of 19 the circuit court may be punished by that court as a contempt 20 of court. 21 Each member of the Board and any hearing officer 22 designated by the Board shall have the power to administer 23 oaths and to take the testimony of persons under oath. 24 (g) Except under subsection (a) of this Section, a 25 majority of the members then appointed to the Prisoner Review 26 Board shall constitute a quorum for the transaction of all 27 business of the Board. 28 (h) The Prisoner Review Board shall annually transmit to 29 the Director a detailed report of its work for the preceding 30 calendar year. The annual report shall also be transmitted to 31 the Governor for submission to the Legislature. 32 (Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00.) 33 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5) HB4267 Enrolled -8- LRB9105204RCprA 1 Sec. 3-3-5. Hearing and Determination. 2 (a) The Prisoner Review Board shall meet as often as 3 need requires to consider the cases of persons eligible for 4 parole. Except as otherwise provided in paragraph (2) of 5 subsection (a) of Section 3-3-2 of this Act, the Prisoner 6 Review Board may meet and order its actions in panels of 357 or more members. The action of a majority of the panel shall 8 be the action of the Board. In consideration of persons 9 committed to the Juvenile Division, the panel shall have at 10 least a majority of members experienced in juvenile matters. 11 (b) If the person under consideration for parole is in 12 the custody of the Department, at least one member of the 13 Board shall interview him, and a report of that interview 14 shall be available for the Board's consideration. However, 15 in the discretion of the Board, the interview need not be 16 conducted if a psychiatric examination determines that the 17 person could not meaningfully contribute to the Board's 18 consideration. The Board may in its discretion parole a 19 person who is then outside the jurisdiction on his record 20 without an interview. The Board need not hold a hearing or 21 interview a person who is paroled under paragraphs (d) or (e) 22 of this Section or released on Mandatory release under 23 Section 3-3-10. 24 (c) The Board shall not parole a person eligible for 25 parole if it determines that: 26 (1) there is a substantial risk that he will not 27 conform to reasonable conditions of parole; or 28 (2) his release at that time would deprecate the 29 seriousness of his offense or promote disrespect for the 30 law; or 31 (3) his release would have a substantially adverse 32 effect on institutional discipline. 33 (d) A person committed under the Juvenile Court Act or 34 the Juvenile Court Act of 1987 who has not been sooner HB4267 Enrolled -9- LRB9105204RCprA 1 released shall be paroled on or before his 20th birthday to 2 begin serving a period of parole under Section 3-3-8. 3 (e) A person who has served the maximum term of 4 imprisonment imposed at the time of sentencing less time 5 credit for good behavior shall be released on parole to serve 6 a period of parole under Section 5-8-1. 7 (f) The Board shall render its decision within a 8 reasonable time after hearing and shall state the basis 9 therefor both in the records of the Board and in written 10 notice to the person on whose application it has acted. In 11 its decision, the Board shall set the person's time for 12 parole, or if it denies parole it shall provide for a 13 rehearing not less frequently than once every year, except 14 that the Board may, after denying parole, schedule a 15 rehearing no later than 3 years from the date of the parole 16 denial, if the Board finds that it is not reasonable to 17 expect that parole would be granted at a hearing prior to the 18 scheduled rehearing date. If the Board shall parole a person, 19 and, if he is not released within 90 days from the effective 20 date of the order granting parole, the matter shall be 21 returned to the Board for review. 22 (g) The Board shall maintain a registry of decisions in 23 which parole has been granted, which shall include the name 24 and case number of the prisoner, the highest charge for which 25 the prisoner was sentenced, the length of sentence imposed, 26 the date of the sentence, the date of the parole, the basis 27 for the decision of the Board to grant parole and the vote of 28 the Board on any such decisions. The registry shall be made 29 available for public inspection and copying during business 30 hours and shall be a public record pursuant to the provisions 31 of the Freedom of Information Act. 32 (h) The Board shall promulgate rules regarding the 33 exercise of its discretion under this Section. 34 (Source: P.A. 91-798, eff. 7-9-00.) HB4267 Enrolled -10- LRB9105204RCprA 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.