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91_HB4267sam001
LRB9105204RCsbam
1 AMENDMENT TO HOUSE BILL 4267
2 AMENDMENT NO. . Amend House Bill 4267 by replacing
3 the title with the following:
4 "AN ACT to amend the Unified Code of Corrections by
5 changing Sections 3-3-1, 3-3-2, and 3-3-5."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Unified Code of Corrections is amended
9 by changing Sections 3-3-1, 3-3-2, and 3-3-5 as follows:
10 (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
11 Sec. 3-3-1. Establishment and Appointment of Prisoner
12 Review Board.
13 (a) There shall be a Prisoner Review Board independent
14 of the Department of Corrections which shall be:
15 (1) the paroling authority for persons sentenced
16 under the law in effect prior to the effective date of
17 this amendatory Act of 1977;
18 (2) the board of review for cases involving the
19 revocation of good conduct credits or a suspension or
20 reduction in the rate of accumulating such credit;
21 (3) the board of review and recommendation for the
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1 exercise of executive clemency by the Governor;
2 (4) the authority for establishing release dates
3 for certain prisoners sentenced under the law in
4 existence prior to the effective date of this amendatory
5 Act of 1977, in accordance with Section 3-3-2.1 of this
6 Code;
7 (5) the authority for setting conditions for parole
8 and mandatory supervised release under Section 5-8-1(a)
9 of this Code, and determining whether a violation of
10 those conditions warrant revocation of parole or
11 mandatory supervised release or the imposition of other
12 sanctions.
13 (b) The Board shall consist of 15 persons appointed by
14 the Governor by and with the advice and consent of the
15 Senate. One member of the Board shall be designated by the
16 Governor to be Chairman and shall serve as Chairman at the
17 pleasure of the Governor. The members of the Board shall have
18 had at least 5 years of actual experience in the fields of
19 penology, corrections work, law enforcement, sociology, law,
20 education, social work, medicine, psychology, other
21 behavioral sciences, or a combination thereof. At least 6 7
22 members so appointed must have had at least 3 years
23 experience in the field of juvenile matters. No more than 8
24 Board members may be members of the same political party.
25 Each member of the Board shall serve on a full time basis and
26 shall not hold any other salaried public office, whether
27 elective or appointive. The Chairman of the Board shall
28 receive $35,000 a year, or an amount set by the Compensation
29 Review Board, whichever is greater, and each other member
30 $30,000, or an amount set by the Compensation Review Board,
31 whichever is greater.
32 (c) The terms of the present members of the Prisoner
33 Review Board shall expire on the effective date of this
34 amendatory Act of 1985, but the incumbent members shall
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1 continue to exercise all of the powers and be subject to all
2 the duties of members of the Board until their respective
3 successors are appointed and qualified. The Governor shall
4 appoint 3 members to the Prisoner Review Board whose terms
5 shall expire on the third Monday in January 1987, 4 members
6 whose terms shall expire on the third Monday in January 1989,
7 and 3 members whose terms shall expire on the third Monday in
8 January 1991. The term of one of the members created by this
9 amendatory Act of 1986 shall expire on the third Monday in
10 January 1989 and the term of the other shall expire on the
11 third Monday in January 1991. The initial terms of the 3
12 additional members appointed pursuant to this amendatory Act
13 of the 91st General Assembly shall expire on the third Monday
14 in January 2006. Their respective successors shall be
15 appointed for terms of 6 years from the third Monday in
16 January of the year of appointment. Each member shall serve
17 until his successor is appointed and qualified. Any member
18 may be removed by the Governor for incompetence, neglect of
19 duty, malfeasance or inability to serve.
20 (d) The Chairman of the Board shall be its chief
21 executive and administrative officer.
22 (Source: P.A. 91-798, eff. 7-9-00.)
23 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
24 Sec. 3-3-2. Powers and Duties.
25 (a) The Parole and Pardon Board is abolished and the
26 term "Parole and Pardon Board" as used in any law of
27 Illinois, shall read "Prisoner Review Board." After the
28 effective date of this amendatory Act of 1977, the Prisoner
29 Review Board shall provide by rule for the orderly transition
30 of all files, records, and documents of the Parole and Pardon
31 Board and for such other steps as may be necessary to effect
32 an orderly transition and shall:
33 (1) hear by at least one member and through a panel
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1 of at least 3 5 members decide, cases of prisoners who
2 were sentenced under the law in effect prior to the
3 effective date of this amendatory Act of 1977, and who
4 are eligible for parole;
5 (2) hear by at least one member and through a panel
6 of at least 3 5 members decide, the conditions of parole
7 and the time of discharge from parole, impose sanctions
8 for violations of parole, and revoke parole for those
9 sentenced under the law in effect prior to this
10 amendatory Act of 1977; provided that the decision to
11 parole and the conditions of parole for all prisoners who
12 were sentenced for first degree murder or who received a
13 minimum sentence of 20 years or more under the law in
14 effect prior to February 1, 1978 shall be determined by a
15 majority vote of the Prisoner Review Board;
16 (3) hear by at least one member and through a panel
17 of at least 3 5 members decide, the conditions of
18 mandatory supervised release and the time of discharge
19 from mandatory supervised release, impose sanctions for
20 violations of mandatory supervised release, and revoke
21 mandatory supervised release for those sentenced under
22 the law in effect after the effective date of this
23 amendatory Act of 1977;
24 (4) hear by at least 1 member and through a panel
25 of at least 3 5 members, decide cases brought by the
26 Department of Corrections against a prisoner in the
27 custody of the Department for alleged violation of
28 Department rules with respect to good conduct credits
29 pursuant to Section 3-6-3 of this Code in which the
30 Department seeks to revoke good conduct credits, if the
31 amount of time at issue exceeds 30 days or when, during
32 any 12 month period, the cumulative amount of credit
33 revoked exceeds 30 days except where the infraction is
34 committed or discovered within 60 days of scheduled
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1 release. In such cases, the Department of Corrections may
2 revoke up to 30 days of good conduct credit. The Board
3 may subsequently approve the revocation of additional
4 good conduct credit, if the Department seeks to revoke
5 good conduct credit in excess of thirty days. However,
6 the Board shall not be empowered to review the
7 Department's decision with respect to the loss of 30 days
8 of good conduct credit for any prisoner or to increase
9 any penalty beyond the length requested by the
10 Department;
11 (5) hear by at least one member and through a panel
12 of at least 3 5 members decide, the release dates for
13 certain prisoners sentenced under the law in existence
14 prior to the effective date of this amendatory Act of
15 1977, in accordance with Section 3-3-2.1 of this Code;
16 (6) hear by at least one member and through a panel
17 of at least 3 5 members decide, all requests for pardon,
18 reprieve or commutation, and make confidential
19 recommendations to the Governor;
20 (7) comply with the requirements of the Open Parole
21 Hearings Act; and
22 (8) hear by at least one member and, through a
23 panel of at least 3 5 members, decide cases brought by
24 the Department of Corrections against a prisoner in the
25 custody of the Department for court dismissal of a
26 frivolous lawsuit pursuant to Section 3-6-3(d) of this
27 Code in which the Department seeks to revoke up to 180
28 days of good conduct credit, and if the prisoner has not
29 accumulated 180 days of good conduct credit at the time
30 of the dismissal, then all good conduct credit
31 accumulated by the prisoner shall be revoked.
32 (a-5) The Prisoner Review Board, with the cooperation of
33 and in coordination with the Department of Corrections and
34 the Department of Central Management Services, shall
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1 implement a pilot project in 3 correctional institutions
2 providing for the conduct of hearings under paragraphs (1)
3 and (4) of subsection (a) of this Section through interactive
4 video conferences. The project shall be implemented within 6
5 months after the effective date of this amendatory Act of
6 1996. Within 6 months after the implementation of the pilot
7 project, the Prisoner Review Board, with the cooperation of
8 and in coordination with the Department of Corrections and
9 the Department of Central Management Services, shall report
10 to the Governor and the General Assembly regarding the use,
11 costs, effectiveness, and future viability of interactive
12 video conferences for Prisoner Review Board hearings.
13 (b) Upon recommendation of the Department the Board may
14 restore good conduct credit previously revoked.
15 (c) The Board shall cooperate with the Department in
16 promoting an effective system of parole and mandatory
17 supervised release.
18 (d) The Board shall promulgate rules for the conduct of
19 its work, and the Chairman shall file a copy of such rules
20 and any amendments thereto with the Director and with the
21 Secretary of State.
22 (e) The Board shall keep records of all of its official
23 actions and shall make them accessible in accordance with law
24 and the rules of the Board.
25 (f) The Board or one who has allegedly violated the
26 conditions of his parole or mandatory supervised release may
27 require by subpoena the attendance and testimony of witnesses
28 and the production of documentary evidence relating to any
29 matter under investigation or hearing. The Chairman of the
30 Board may sign subpoenas which shall be served by any agent
31 or public official authorized by the Chairman of the Board,
32 or by any person lawfully authorized to serve a subpoena
33 under the laws of the State of Illinois. The attendance of
34 witnesses, and the production of documentary evidence, may be
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1 required from any place in the State to a hearing location in
2 the State before the Chairman of the Board or his designated
3 agent or agents or any duly constituted Committee or
4 Subcommittee of the Board. Witnesses so summoned shall be
5 paid the same fees and mileage that are paid witnesses in the
6 circuit courts of the State, and witnesses whose depositions
7 are taken and the persons taking those depositions are each
8 entitled to the same fees as are paid for like services in
9 actions in the circuit courts of the State. Fees and mileage
10 shall be vouchered for payment when the witness is discharged
11 from further attendance.
12 In case of disobedience to a subpoena, the Board may
13 petition any circuit court of the State for an order
14 requiring the attendance and testimony of witnesses or the
15 production of documentary evidence or both. A copy of such
16 petition shall be served by personal service or by registered
17 or certified mail upon the person who has failed to obey the
18 subpoena, and such person shall be advised in writing that a
19 hearing upon the petition will be requested in a court room
20 to be designated in such notice before the judge hearing
21 motions or extraordinary remedies at a specified time, on a
22 specified date, not less than 10 nor more than 15 days after
23 the deposit of the copy of the written notice and petition in
24 the U.S. mails addressed to the person at his last known
25 address or after the personal service of the copy of the
26 notice and petition upon such person. The court upon the
27 filing of such a petition, may order the person refusing to
28 obey the subpoena to appear at an investigation or hearing,
29 or to there produce documentary evidence, if so ordered, or
30 to give evidence relative to the subject matter of that
31 investigation or hearing. Any failure to obey such order of
32 the circuit court may be punished by that court as a contempt
33 of court.
34 Each member of the Board and any hearing officer
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1 designated by the Board shall have the power to administer
2 oaths and to take the testimony of persons under oath.
3 (g) Except under subsection (a) of this Section, a
4 majority of the members then appointed to the Prisoner Review
5 Board shall constitute a quorum for the transaction of all
6 business of the Board.
7 (h) The Prisoner Review Board shall annually transmit to
8 the Director a detailed report of its work for the preceding
9 calendar year. The annual report shall also be transmitted to
10 the Governor for submission to the Legislature.
11 (Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00.)
12 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
13 Sec. 3-3-5. Hearing and Determination.
14 (a) The Prisoner Review Board shall meet as often as
15 need requires to consider the cases of persons eligible for
16 parole. Except as otherwise provided in paragraph (2) of
17 subsection (a) of Section 3-3-2 of this Act, the Prisoner
18 Review Board may meet and order its actions in panels of 3 5
19 or more members. The action of a majority of the panel shall
20 be the action of the Board. In consideration of persons
21 committed to the Juvenile Division, the panel shall have at
22 least a majority of members experienced in juvenile matters.
23 (b) If the person under consideration for parole is in
24 the custody of the Department, at least one member of the
25 Board shall interview him, and a report of that interview
26 shall be available for the Board's consideration. However,
27 in the discretion of the Board, the interview need not be
28 conducted if a psychiatric examination determines that the
29 person could not meaningfully contribute to the Board's
30 consideration. The Board may in its discretion parole a
31 person who is then outside the jurisdiction on his record
32 without an interview. The Board need not hold a hearing or
33 interview a person who is paroled under paragraphs (d) or (e)
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1 of this Section or released on Mandatory release under
2 Section 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 will not
6 conform to reasonable conditions of parole; or
7 (2) his release at that time would deprecate the
8 seriousness of his offense or promote disrespect for the
9 law; or
10 (3) his release would have a substantially adverse
11 effect on institutional discipline.
12 (d) A person committed under the Juvenile Court Act or
13 the Juvenile Court Act of 1987 who has not been sooner
14 released shall be paroled on or before his 20th birthday to
15 begin serving a period of parole under Section 3-3-8.
16 (e) A person who has served the maximum term of
17 imprisonment imposed at the time of sentencing less time
18 credit for good behavior shall be released on parole to serve
19 a period of parole under Section 5-8-1.
20 (f) The Board shall render its decision within a
21 reasonable time after hearing and shall state the basis
22 therefor both in the records of the Board and in written
23 notice to the person on whose application it has acted. In
24 its decision, the Board shall set the person's time for
25 parole, or if it denies parole it shall provide for a
26 rehearing not less frequently than once every year, except
27 that the Board may, after denying parole, schedule a
28 rehearing no later than 3 years from the date of the parole
29 denial, if the Board finds that it is not reasonable to
30 expect that parole would be granted at a hearing prior to the
31 scheduled rehearing date. If the Board shall parole a person,
32 and, if he is not released within 90 days from the effective
33 date of the order granting parole, the matter shall be
34 returned to the Board for review.
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1 (g) The Board shall maintain a registry of decisions in
2 which parole has been granted, which shall include the name
3 and case number of the prisoner, the highest charge for which
4 the prisoner was sentenced, the length of sentence imposed,
5 the date of the sentence, the date of the parole, the basis
6 for the decision of the Board to grant parole and the vote of
7 the Board on any such decisions. The registry shall be made
8 available for public inspection and copying during business
9 hours and shall be a public record pursuant to the provisions
10 of the Freedom of Information Act.
11 (h) The Board shall promulgate rules regarding the
12 exercise of its discretion under this Section.
13 (Source: P.A. 91-798, eff. 7-9-00.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.".