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Illinois Senate Bill SB2077

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2077 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2077 Introduced 2/9/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9 Amends the Unified Code of Corrections. Deletes provision that the Prisoner Review Board shall revoke parole or mandatory supervised release for violations of the requirement that if the parolee or releasee was convicted for an offense that would qualify the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007, wear an approved electronic monitoring device for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term. Makes other changes concerning violations of parole or mandatory supervised release. Provides for different conditions if the parolee or releasee violates a criminal statute of any jurisdiction during the parole or release term than for violations of other conditions of parole or mandatory supervised release. LRB103 25691 RLC 52040 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2077 Introduced 2/9/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9 Amends the Unified Code of Corrections. Deletes provision that the Prisoner Review Board shall revoke parole or mandatory supervised release for violations of the requirement that if the parolee or releasee was convicted for an offense that would qualify the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007, wear an approved electronic monitoring device for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term. Makes other changes concerning violations of parole or mandatory supervised release. Provides for different conditions if the parolee or releasee violates a criminal statute of any jurisdiction during the parole or release term than for violations of other conditions of parole or mandatory supervised release. LRB103 25691 RLC 52040 b LRB103 25691 RLC 52040 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2077 Introduced 2/9/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9
44 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9
55 Amends the Unified Code of Corrections. Deletes provision that the Prisoner Review Board shall revoke parole or mandatory supervised release for violations of the requirement that if the parolee or releasee was convicted for an offense that would qualify the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007, wear an approved electronic monitoring device for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term. Makes other changes concerning violations of parole or mandatory supervised release. Provides for different conditions if the parolee or releasee violates a criminal statute of any jurisdiction during the parole or release term than for violations of other conditions of parole or mandatory supervised release.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Unified Code of Corrections is amended by
1515 5 changing Section 3-3-9 as follows:
1616 6 (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
1717 7 Sec. 3-3-9. Violations; changes of conditions; preliminary
1818 8 hearing; revocation of parole or mandatory supervised release;
1919 9 revocation hearing.
2020 10 (a) If prior to expiration or termination of the term of
2121 11 parole or mandatory supervised release, a person violates a
2222 12 condition set by the Prisoner Review Board or a condition of
2323 13 parole or mandatory supervised release under paragraphs (2)
2424 14 through (21) of subsection (a) of Section 3-3-7 of this Code to
2525 15 govern that term, the Board may:
2626 16 (1) continue the existing term, with or without
2727 17 modifying or enlarging the conditions; or
2828 18 (1.5) for those released as a result of youthful
2929 19 offender parole as set forth in Section 5-4.5-115 of this
3030 20 Code, order that the inmate be subsequently rereleased to
3131 21 serve a specified mandatory supervised release term not to
3232 22 exceed the full term permitted under the provisions of
3333 23 Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2077 Introduced 2/9/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
3838 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9
3939 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9
4040 Amends the Unified Code of Corrections. Deletes provision that the Prisoner Review Board shall revoke parole or mandatory supervised release for violations of the requirement that if the parolee or releasee was convicted for an offense that would qualify the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007, wear an approved electronic monitoring device for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term. Makes other changes concerning violations of parole or mandatory supervised release. Provides for different conditions if the parolee or releasee violates a criminal statute of any jurisdiction during the parole or release term than for violations of other conditions of parole or mandatory supervised release.
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6868 1 this Code and may modify or enlarge the conditions of the
6969 2 release as the Board deems proper; or
7070 3 (2) parole or release the person to a half-way house.
7171 4 ; or
7272 5 (3) (blank).
7373 6 (a-1) If prior to expiration or termination of the term of
7474 7 parole or mandatory supervised release, a person violates a
7575 8 condition set by the Prisoner Review Board or a condition of
7676 9 parole or mandatory supervised release under paragraph (1) of
7777 10 subsection (a) of Section 3-3-7 of this Code to govern that
7878 11 term, the Board may:
7979 12 (1) continue the existing term, with or without
8080 13 modifying or enlarging the conditions;
8181 14 (2) for those released as a result of youthful
8282 15 offender parole as set forth in Section 5-4.5-115 of this
8383 16 Code, order that the inmate be subsequently re-released to
8484 17 serve a specified mandatory supervised release term not to
8585 18 exceed the full term permitted under the provisions of
8686 19 Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
8787 20 this Code and may modify or enlarge the conditions of the
8888 21 release as the Board deems proper;
8989 22 (3) parole or release the person to a half-way house;
9090 23 (4) revoke the parole or mandatory supervised release
9191 24 and reconfine the person for a term computed in the
9292 25 following manner:
9393 26 (i)(A) For those sentenced under the law in effect
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104104 1 prior to February 1, 1978 (the effective date of
105105 2 Public Act 80-1099), the recommitment shall be for any
106106 3 portion of the imposed maximum term of imprisonment or
107107 4 confinement which had not been served at the time of
108108 5 parole and the parole term, less the time elapsed
109109 6 between the parole of the person and the commission of
110110 7 the violation for which parole was revoked;
111111 8 (B) Except as set forth in clauses (C) and (D) of
112112 9 this subparagraph (i), for those subject to mandatory
113113 10 supervised release under paragraph (d) of Section
114114 11 5-8-1 of this Code, the recommitment shall be for the
115115 12 total mandatory supervised release term, less the time
116116 13 elapsed between the release of the person and the
117117 14 commission of the violation for which mandatory
118118 15 supervised release is revoked. The Board may also
119119 16 order that a prisoner serve up to one year of the
120120 17 sentence imposed by the court which was not served due
121121 18 to the accumulation of sentence credit;
122122 19 (C) For those subject to sex offender supervision
123123 20 under clause (d)(4) of Section 5-8-1 of this Code, the
124124 21 reconfinement period for violations of clauses (a)(3)
125125 22 through (b-1)(15) of Section 3-3-7 shall not exceed 2
126126 23 years from the date of reconfinement;
127127 24 (D) For those released as a result of youthful
128128 25 offender parole as set forth in Section 5-4.5-115 of
129129 26 this Code, the reconfinement period shall be for the
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140140 1 total mandatory supervised release term, less the time
141141 2 elapsed between the release of the person and the
142142 3 commission of the violation for which mandatory
143143 4 supervised release is revoked. The Board may also
144144 5 order that a prisoner serve up to one year of the
145145 6 mandatory supervised release term previously earned.
146146 7 The Board may also order that the inmate be
147147 8 subsequently rereleased to serve a specified mandatory
148148 9 supervised release term not to exceed the full term
149149 10 permitted under the provisions of Section 5-4.5-115
150150 11 and subsection (d) of Section 5-8-1 of this Code and
151151 12 may modify or enlarge the conditions of the release as
152152 13 the Board deems proper;
153153 14 (ii) the person shall be given credit against the
154154 15 term of reimprisonment or reconfinement for time spent
155155 16 in custody since he or she was paroled or released
156156 17 which has not been credited against another sentence
157157 18 or period of confinement;
158158 19 (iii) this Section is subject to the release under
159159 20 supervision and the reparole and rerelease provisions
160160 21 of Section 3-3-10. revoke the parole or mandatory
161161 22 supervised release and reconfine the person for a term
162162 23 computed in the following manner:
163163 24 (i) (A) For those sentenced under the law in
164164 25 effect prior to this amendatory Act of 1977, the
165165 26 recommitment shall be for any portion of the imposed
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176176 1 maximum term of imprisonment or confinement which had
177177 2 not been served at the time of parole and the parole
178178 3 term, less the time elapsed between the parole of the
179179 4 person and the commission of the violation for which
180180 5 parole was revoked;
181181 6 (B) Except as set forth in paragraphs (C) and (D),
182182 7 for those subject to mandatory supervised release
183183 8 under paragraph (d) of Section 5-8-1 of this Code, the
184184 9 recommitment shall be for the total mandatory
185185 10 supervised release term, less the time elapsed between
186186 11 the release of the person and the commission of the
187187 12 violation for which mandatory supervised release is
188188 13 revoked. The Board may also order that a prisoner
189189 14 serve up to one year of the sentence imposed by the
190190 15 court which was not served due to the accumulation of
191191 16 sentence credit;
192192 17 (C) For those subject to sex offender supervision
193193 18 under clause (d)(4) of Section 5-8-1 of this Code, the
194194 19 reconfinement period for violations of clauses (a)(3)
195195 20 through (b-1)(15) of Section 3-3-7 shall not exceed 2
196196 21 years from the date of reconfinement;
197197 22 (D) For those released as a result of youthful
198198 23 offender parole as set forth in Section 5-4.5-115 of
199199 24 this Code, the reconfinement period shall be for the
200200 25 total mandatory supervised release term, less the time
201201 26 elapsed between the release of the person and the
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212212 1 commission of the violation for which mandatory
213213 2 supervised release is revoked. The Board may also
214214 3 order that a prisoner serve up to one year of the
215215 4 mandatory supervised release term previously earned.
216216 5 The Board may also order that the inmate be
217217 6 subsequently rereleased to serve a specified mandatory
218218 7 supervised release term not to exceed the full term
219219 8 permitted under the provisions of Section 5-4.5-115
220220 9 and subsection (d) of Section 5-8-1 of this Code and
221221 10 may modify or enlarge the conditions of the release as
222222 11 the Board deems proper;
223223 12 (ii) the person shall be given credit against the
224224 13 term of reimprisonment or reconfinement for time spent
225225 14 in custody since he or she was paroled or released
226226 15 which has not been credited against another sentence
227227 16 or period of confinement;
228228 17 (iii) (blank);
229229 18 (iv) this Section is subject to the release under
230230 19 supervision and the reparole and rerelease provisions
231231 20 of Section 3-3-10.
232232 21 (b) The Board may revoke parole or mandatory supervised
233233 22 release for violation of a condition for the duration of the
234234 23 term and for any further period which is reasonably necessary
235235 24 for the adjudication of matters arising before its expiration.
236236 25 The issuance of a warrant of arrest for an alleged violation of
237237 26 the conditions of parole or mandatory supervised release shall
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248248 1 toll the running of the term until the final determination of
249249 2 the charge. When parole or mandatory supervised release is not
250250 3 revoked that period shall be credited to the term, unless a
251251 4 community-based sanction is imposed as an alternative to
252252 5 revocation and reincarceration, including a diversion
253253 6 established by the Illinois Department of Corrections Parole
254254 7 Services Unit prior to the holding of a preliminary parole
255255 8 revocation hearing. Parolees who are diverted to a
256256 9 community-based sanction shall serve the entire term of parole
257257 10 or mandatory supervised release, if otherwise appropriate.
258258 11 (b-5) (Blank). The Board shall revoke parole or mandatory
259259 12 supervised release for violation of the conditions prescribed
260260 13 in paragraph (7.6) of subsection (a) of Section 3-3-7.
261261 14 (c) A person charged with violating a condition of parole
262262 15 or mandatory supervised release shall have a preliminary
263263 16 hearing before a hearing officer designated by the Board to
264264 17 determine if there is cause to hold the person for a revocation
265265 18 hearing. However, no preliminary hearing need be held when
266266 19 revocation is based upon new criminal charges and a court
267267 20 finds probable cause on the new criminal charges or when the
268268 21 revocation is based upon a new criminal conviction and a
269269 22 certified copy of that conviction is available.
270270 23 (d) Parole or mandatory supervised release shall not be
271271 24 revoked without written notice to the offender setting forth
272272 25 the violation of parole or mandatory supervised release
273273 26 charged against him or her.
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284284 1 (e) A hearing on revocation shall be conducted before at
285285 2 least one member of the Prisoner Review Board. The Board may
286286 3 meet and order its actions in panels of 3 or more members. The
287287 4 action of a majority of the panel shall be the action of the
288288 5 Board. A record of the hearing shall be made. At the hearing
289289 6 the offender shall be permitted to:
290290 7 (1) appear and answer the charge; and
291291 8 (2) bring witnesses on his or her behalf.
292292 9 (f) The Board shall either revoke parole or mandatory
293293 10 supervised release or order the person's term continued with
294294 11 or without modification or enlargement of the conditions.
295295 12 (g) Parole or mandatory supervised release shall not be
296296 13 revoked for failure to make payments under the conditions of
297297 14 parole or release unless the Board determines that such
298298 15 failure is due to the offender's willful refusal to pay.
299299 16 (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
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