Public Act 095-0082
 		





HB0855 Enrolled
LRB095 03681 RLC 23708 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Unified Code of Corrections is amended  by 
changing Section 3-3-9 as follows:
 


    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)


    Sec. 3-3-9. Violations; changes of conditions; preliminary

hearing; revocation of parole or mandatory supervised release;

revocation hearing.

    (a) If prior to expiration or termination of the term of

parole or mandatory supervised release, a person violates a

condition set by the Prisoner Review Board or a condition of 
parole or
mandatory supervised release under Section 3-3-7 of 
this Code to govern that
term,
the Board may:


        (1) continue the existing term, with or without 
    modifying or
enlarging the conditions; or


        (2) parole or release the person to a half-way house; 
    or


        (3) revoke the parole or mandatory supervised release 
    and
reconfine the person for a term computed in the 
    following
manner:


            (i) (A) For those sentenced under the law in effect 
        prior to
this amendatory Act of 1977, the recommitment 
        shall be for any
portion of the imposed maximum term of 
        imprisonment or confinement
which had not been served 
        at the time of parole and the parole
term, less the 
        time elapsed between the parole of the person and
the 
        commission of the violation for which parole was 
        revoked;


            (B) Except as set forth in paragraph (C), for

those 
        subject to mandatory supervised release under

        paragraph (d) of Section 5-8-1 of this Code, the 
        recommitment
shall be for the total mandatory 
        supervised release term, less
the time elapsed between 
        the release of the person and the
commission of the 
        violation for which mandatory supervised
release is 
        revoked. The Board may also order that a prisoner
serve 
        up to one year of the sentence imposed by the court 
        which
was not served due to the accumulation of good 
        conduct credit;

            (C) For those subject to sex offender supervision 
        under clause (d)(4) of Section 5-8-1 of this Code, the 
        reconfinement period for violations of clauses (a)(3) 
        through (b-1)(15) of Section 3-3-7 shall not exceed 2 
        years from the date of reconfinement.


            (ii) the person shall be given credit against the 
        term of
reimprisonment or reconfinement for time spent 
        in custody
since he was paroled or released which has 
        not been credited
against another sentence or period of 
        confinement;


            (iii) persons committed under the Juvenile Court 
        Act or the Juvenile
Court Act of 1987 shall be 
        recommitted until the age of 21;


            (iv) this Section is subject to the release under

        supervision and the reparole and rerelease provisions 
        of Section
3-3-10.

    (b) The Board may revoke parole or mandatory supervised

release for violation of a condition for the duration of the

term and for any further period which is reasonably necessary

for the adjudication of matters arising before its expiration.

The issuance of a warrant of arrest for an alleged violation
of 
the conditions of parole or mandatory supervised release
shall 
toll the running of the term until the final determination of 
the
charge. When , but where
 parole or mandatory supervised 
release is not revoked
that period shall be credited to the 
term,  unless a community-based sanction is imposed as an 
alternative to revocation and reincarceration, including a 
diversion established by the Illinois Department of 
Corrections Parole Services Unit prior to the holding of a 
preliminary parole revocation hearing.  Parolees who are 
diverted to a community-based sanction shall serve the entire 
term of parole or mandatory supervised release, if otherwise 
appropriate.

    (b-5) The Board shall revoke parole or mandatory supervised 
release for violation of the conditions prescribed in paragraph 
(7.6) of subsection (a) of Section 3-3-7.
    (c) A person charged with violating a condition of parole 
or
mandatory supervised release shall have a preliminary 
hearing
before a hearing officer designated by the Board to 
determine
if there is cause to hold the person for a revocation 
hearing.
However, no preliminary hearing need be held when 
revocation is based
upon new criminal charges and a court finds 
probable cause on the new
criminal charges or when the 
revocation
is based upon a new criminal conviction and a 
certified copy of
that conviction is available.

    (d) Parole or mandatory supervised release shall not be

revoked without written notice to the offender setting forth

the violation of parole or mandatory supervised release charged

against him.

    (e) A hearing on revocation shall be conducted before at

least one member of the Prisoner Review Board. The Board may

meet and order its actions in panels of 3 or more members.
The 
action of a majority of the panel shall be the action of
the 
Board. In consideration of persons committed to the Department 
of Juvenile Justice, the member hearing the matter and at least 
a majority
of the panel shall be experienced in juvenile 
matters.  A record
of the hearing shall be made. At the hearing 
the offender shall
be permitted to:


        (1) appear and answer the charge; and


        (2) bring witnesses on his behalf.

    (f) The Board shall either revoke parole or mandatory

supervised release or order the person's term continued with
or 
without modification or enlargement of the conditions.

    (g) Parole or mandatory supervised release shall not be

revoked for failure to make payments under the conditions of

parole or release unless the Board determines that such failure 
is
due to the offender's willful refusal to pay.

(Source: P.A. 94-161, eff. 7-11-05; 94-165, eff. 7-11-05; 
94-696, eff. 6-1-06.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.