IL
Illinois House Bill HB2045

Illinois 2023-2024 Regular Session

Illinois House Bill HB2045 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2045 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5 730 ILCS 5/3-3-16 new Amends the Unified Code of Corrections. Provides that a person serving a term of natural life imprisonment is eligible for parole and mandatory supervised release under these provisions. Deletes a provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Provides that the Board shall hold a hearing on each petition, and in determining whether an eligible person should be granted parole, the Prisoner Review Board shall consider certain statutory factors as shown by the petition or as shown at the hearing. Provides that victims' families shall be notified in a timely manner and be provided opportunity to participate at the parole hearing concerning the petitioner's application for parole under these provisions in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and these provisions. Provides that Prisoner Review Board hearings under these provisions shall be conducted by a panel of at least 8 members of the Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing and shall state the basis therefor both in the records of the Board and in written notice to the person on whose petition it has acted. Provides that in its decision, the Board shall set the person's time for parole, or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that these provisions apply retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act. Effective immediately. LRB103 29224 RLC 55611 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2045 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5 730 ILCS 5/3-3-16 new 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5 730 ILCS 5/3-3-16 new Amends the Unified Code of Corrections. Provides that a person serving a term of natural life imprisonment is eligible for parole and mandatory supervised release under these provisions. Deletes a provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Provides that the Board shall hold a hearing on each petition, and in determining whether an eligible person should be granted parole, the Prisoner Review Board shall consider certain statutory factors as shown by the petition or as shown at the hearing. Provides that victims' families shall be notified in a timely manner and be provided opportunity to participate at the parole hearing concerning the petitioner's application for parole under these provisions in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and these provisions. Provides that Prisoner Review Board hearings under these provisions shall be conducted by a panel of at least 8 members of the Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing and shall state the basis therefor both in the records of the Board and in written notice to the person on whose petition it has acted. Provides that in its decision, the Board shall set the person's time for parole, or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that these provisions apply retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act. Effective immediately. LRB103 29224 RLC 55611 b LRB103 29224 RLC 55611 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2045 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5 730 ILCS 5/3-3-16 new 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5 730 ILCS 5/3-3-16 new
44 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
55 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5
66 730 ILCS 5/3-3-16 new
77 Amends the Unified Code of Corrections. Provides that a person serving a term of natural life imprisonment is eligible for parole and mandatory supervised release under these provisions. Deletes a provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Provides that the Board shall hold a hearing on each petition, and in determining whether an eligible person should be granted parole, the Prisoner Review Board shall consider certain statutory factors as shown by the petition or as shown at the hearing. Provides that victims' families shall be notified in a timely manner and be provided opportunity to participate at the parole hearing concerning the petitioner's application for parole under these provisions in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and these provisions. Provides that Prisoner Review Board hearings under these provisions shall be conducted by a panel of at least 8 members of the Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing and shall state the basis therefor both in the records of the Board and in written notice to the person on whose petition it has acted. Provides that in its decision, the Board shall set the person's time for parole, or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that these provisions apply retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act. Effective immediately.
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1313 1 AN ACT concerning criminal law.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Unified Code of Corrections is amended by
1717 5 changing Sections 3-3-3 and 3-3-5 and by adding Section 3-3-16
1818 6 as follows:
1919 7 (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
2020 8 Sec. 3-3-3. Eligibility for parole or release.
2121 9 (a) Except for those offenders who accept the fixed
2222 10 release date established by the Prisoner Review Board under
2323 11 Section 3-3-2.1, every person serving a term of imprisonment
2424 12 under the law in effect prior to the effective date of this
2525 13 amendatory Act of 1977 shall be eligible for parole when he or
2626 14 she has served:
2727 15 (1) the minimum term of an indeterminate sentence less
2828 16 time credit for good behavior, or 20 years less time
2929 17 credit for good behavior, whichever is less; or
3030 18 (2) 20 years of a life sentence less time credit for
3131 19 good behavior; or
3232 20 (3) 20 years or one-third of a determinate sentence,
3333 21 whichever is less, less time credit for good behavior.
3434 22 (b) No person sentenced under this amendatory Act of 1977
3535 23 or who accepts a release date under Section 3-3-2.1 shall be
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2045 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
4040 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5 730 ILCS 5/3-3-16 new 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5 730 ILCS 5/3-3-16 new
4141 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
4242 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5
4343 730 ILCS 5/3-3-16 new
4444 Amends the Unified Code of Corrections. Provides that a person serving a term of natural life imprisonment is eligible for parole and mandatory supervised release under these provisions. Deletes a provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Provides that the Board shall hold a hearing on each petition, and in determining whether an eligible person should be granted parole, the Prisoner Review Board shall consider certain statutory factors as shown by the petition or as shown at the hearing. Provides that victims' families shall be notified in a timely manner and be provided opportunity to participate at the parole hearing concerning the petitioner's application for parole under these provisions in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and these provisions. Provides that Prisoner Review Board hearings under these provisions shall be conducted by a panel of at least 8 members of the Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing and shall state the basis therefor both in the records of the Board and in written notice to the person on whose petition it has acted. Provides that in its decision, the Board shall set the person's time for parole, or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that these provisions apply retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act. Effective immediately.
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7474 1 eligible for parole.
7575 2 (c) Subject to Section 3-3-16 Except for those sentenced
7676 3 to a term of natural life imprisonment, every person sentenced
7777 4 to imprisonment under this amendatory Act of 1977 or given a
7878 5 release date under Section 3-3-2.1 of this Act shall serve the
7979 6 full term of a determinate sentence less time credit for good
8080 7 behavior and shall then be released under the mandatory
8181 8 supervised release provisions of paragraph (d) of Section
8282 9 5-8-1 of this Code.
8383 10 (d) (Blank). No person serving a term of natural life
8484 11 imprisonment may be paroled or released except through
8585 12 executive clemency.
8686 13 (d-5) A person serving a term of natural life imprisonment
8787 14 is eligible for parole under Section 3-3-16 and mandatory
8888 15 supervised release under subsection (d) of Section 5-8-1.
8989 16 (e) Every person committed to the Department of Juvenile
9090 17 Justice under the Juvenile Court Act of 1987 and confined in
9191 18 the State correctional institutions or facilities if such
9292 19 juvenile has not been tried as an adult shall be eligible for
9393 20 aftercare release under Section 3-2.5-85 of this Code.
9494 21 However, if a juvenile has been tried as an adult he or she
9595 22 shall only be eligible for parole or mandatory supervised
9696 23 release as an adult under this Section.
9797 24 (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
9898 25 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
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109109 1 Sec. 3-3-5. Hearing and determination.
110110 2 (a) The Prisoner Review Board shall meet as often as need
111111 3 requires to consider the cases of persons eligible for parole.
112112 4 Except as otherwise provided in paragraph (2) of subsection
113113 5 (a) of Section 3-3-2 or in Section 3-3-16 of this Act, the
114114 6 Prisoner Review Board may meet and order its actions in panels
115115 7 of 3 or more members. The action of a majority of the panel
116116 8 shall be the action of the Board.
117117 9 (b) If the person under consideration for parole is in the
118118 10 custody of the Department, at least one member of the Board
119119 11 shall interview him or her, and a report of that interview
120120 12 shall be available for the Board's consideration. However, in
121121 13 the discretion of the Board, the interview need not be
122122 14 conducted if a psychiatric examination determines that the
123123 15 person could not meaningfully contribute to the Board's
124124 16 consideration. The Board may in its discretion parole a person
125125 17 who is then outside the jurisdiction on his or her record
126126 18 without an interview. The Board need not hold a hearing or
127127 19 interview a person who is paroled under paragraphs (d) or (e)
128128 20 of this Section or released on Mandatory release under Section
129129 21 3-3-10.
130130 22 (c) The Board shall not parole a person eligible for
131131 23 parole if it determines that:
132132 24 (1) there is a substantial risk that he or she will not
133133 25 conform to reasonable conditions of parole or aftercare
134134 26 release; or
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145145 1 (2) his or her release at that time would deprecate
146146 2 the seriousness of his or her offense or promote
147147 3 disrespect for the law; or
148148 4 (3) his or her release would have a substantially
149149 5 adverse effect on institutional discipline.
150150 6 (d) (Blank).
151151 7 (e) A person who has served the maximum term of
152152 8 imprisonment imposed at the time of sentencing less time
153153 9 credit for good behavior shall be released on parole to serve a
154154 10 period of parole under Section 5-8-1.
155155 11 (f) The Board shall render its decision within a
156156 12 reasonable time after hearing and shall state the basis
157157 13 therefor both in the records of the Board and in written notice
158158 14 to the person on whose application it has acted. In its
159159 15 decision, the Board shall set the person's time for parole, or
160160 16 if it denies parole it shall provide for a rehearing not less
161161 17 frequently than once every year, except that the Board may,
162162 18 after denying parole, schedule a rehearing no later than 5
163163 19 years from the date of the parole denial, if the Board finds
164164 20 that it is not reasonable to expect that parole would be
165165 21 granted at a hearing prior to the scheduled rehearing date. If
166166 22 the Board shall parole a person, and, if he or she is not
167167 23 released within 90 days from the effective date of the order
168168 24 granting parole, the matter shall be returned to the Board for
169169 25 review.
170170 26 (f-1) If the Board paroles a person who is eligible for
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181181 1 commitment as a sexually violent person, the effective date of
182182 2 the Board's order shall be stayed for 90 days for the purpose
183183 3 of evaluation and proceedings under the Sexually Violent
184184 4 Persons Commitment Act.
185185 5 (g) The Board shall maintain a registry of decisions in
186186 6 which parole has been granted, which shall include the name
187187 7 and case number of the prisoner, the highest charge for which
188188 8 the prisoner was sentenced, the length of sentence imposed,
189189 9 the date of the sentence, the date of the parole, and the basis
190190 10 for the decision of the Board to grant parole and the vote of
191191 11 the Board on any such decisions. The registry shall be made
192192 12 available for public inspection and copying during business
193193 13 hours and shall be a public record pursuant to the provisions
194194 14 of the Freedom of Information Act.
195195 15 (h) The Board shall promulgate rules regarding the
196196 16 exercise of its discretion under this Section.
197197 17 (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;
198198 18 99-628, eff. 1-1-17.)
199199 19 (730 ILCS 5/3-3-16 new)
200200 20 Sec. 3-3-16. Long term incarceration; petition for parole.
201201 21 (a) A committed person who has attained the age of 55 years
202202 22 and served at least 25 consecutive years of incarceration
203203 23 shall be eligible to submit a petition to the Prisoner Review
204204 24 Board seeking parole.
205205 25 (b) The Board shall hold a hearing on each petition, and in
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216216 1 determining whether an eligible person should be granted
217217 2 parole, the Prisoner Review Board shall consider the following
218218 3 factors as shown by the petition or as shown at the hearing:
219219 4 (1) a statement by the petitioner as to the reasons
220220 5 why the petitioner believes he or she should be paroled,
221221 6 including estimated costs of continuing imprisonment. This
222222 7 statement may include a risk assessment by a third party;
223223 8 (2) evidence of the petitioner's rehabilitation during
224224 9 the period of the petitioner's incarceration, including
225225 10 remorse for his or her criminal behavior, if applicable,
226226 11 and his or her commitment not to recidivate. Maintaining
227227 12 innocence shall not prevent a person from being granted
228228 13 parole;
229229 14 (3) character references and community support for the
230230 15 petitioner's release;
231231 16 (4) evidence of the petitioner's participation in
232232 17 educational, vocational, substance abuse, behavior
233233 18 modification programs, life skills courses, re-entry
234234 19 planning, or correctional industry programs and
235235 20 independent efforts at rehabilitation;
236236 21 (5) evidence of the petitioner's employment history in
237237 22 the correctional institution;
238238 23 (6) the petitioner's criminal history;
239239 24 (7) the petitioner's disciplinary history while
240240 25 incarcerated in the correctional institution; and
241241 26 (8) the petitioner's plans for housing upon release
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252252 1 from incarceration.
253253 2 If the programs described in paragraph (4) of this
254254 3 subsection (b) or employment opportunities were not available
255255 4 in the correctional institution, the Board shall not penalize
256256 5 the committed person in his or her petition for parole under
257257 6 this Section.
258258 7 (c) Victims' families shall be notified in a timely manner
259259 8 and be provided the opportunity to participate at the parole
260260 9 hearing concerning the petitioner's application for parole
261261 10 under this Section in accordance with the Rights of Crime
262262 11 Victims and Witnesses Act, the Open Parole Hearings Act, and
263263 12 this Section.
264264 13 (d) Prisoner Review Board hearings under this Section
265265 14 shall be conducted by a panel of at least 8 members of the
266266 15 Board and a majority vote of the panel is required to grant the
267267 16 petition and release the petitioner on parole.
268268 17 (e) The Board shall render its decision within a
269269 18 reasonable time after hearing and shall state the basis of its
270270 19 decision both in the records of the Board and in written notice
271271 20 to the person on whose petition it has acted. In its decision,
272272 21 the Board shall set the person's time for parole or if it
273273 22 denies parole, it shall provide for a rehearing no later than 3
274274 23 years after denial of parole.
275275 24 (f) This Section applies retroactively to all persons
276276 25 serving any sentence that was or is imposed before, on, or
277277 26 after the effective date of this amendatory Act of the 103rd
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288288 1 General Assembly, and the period of incarceration for
289289 2 eligibility of each such person to submit a petition for
290290 3 parole is based on all previous consecutive years of
291291 4 incarceration served by that person before, on, and after the
292292 5 effective date of this amendatory Act of the 103rd General
293293 6 Assembly. This application of this amendatory Act of the 103rd
294294 7 General Assembly is necessary in order to serve important
295295 8 public purposes, including providing a means for incarcerated
296296 9 individuals to be restored to useful citizenship, and
297297 10 decreasing the rising costs of incarceration.
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