IL
Illinois Senate Bill SB2311

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2311 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2311 Introduced 2/10/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1 Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary, any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, or the Habeas Corpus Article or the relief from judgment provisions of the Code of Civil Procedure, a person serving a term of imprisonment, including a term of natural life, in a Department of Corrections institution or facility is eligible for earned discretionary reentry if he or she has served a term of imprisonment of at least 20 years. Provides that petitions for earned discretionary reentry shall be administered by the Prisoner Review Board. Establishes procedures for the hearing. Removes provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that if any incarcerated person is released on earned discretionary reentry, his or her sentence shall be considered complete after the term of mandatory supervised release. Applies retroactively. Contains a severability provision. LRB103 27259 RLC 53630 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2311 Introduced 2/10/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1 Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary, any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, or the Habeas Corpus Article or the relief from judgment provisions of the Code of Civil Procedure, a person serving a term of imprisonment, including a term of natural life, in a Department of Corrections institution or facility is eligible for earned discretionary reentry if he or she has served a term of imprisonment of at least 20 years. Provides that petitions for earned discretionary reentry shall be administered by the Prisoner Review Board. Establishes procedures for the hearing. Removes provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that if any incarcerated person is released on earned discretionary reentry, his or her sentence shall be considered complete after the term of mandatory supervised release. Applies retroactively. Contains a severability provision. LRB103 27259 RLC 53630 b LRB103 27259 RLC 53630 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2311 Introduced 2/10/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
44 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
55 730 ILCS 5/3-3-3.1 new
66 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
77 Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary, any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, or the Habeas Corpus Article or the relief from judgment provisions of the Code of Civil Procedure, a person serving a term of imprisonment, including a term of natural life, in a Department of Corrections institution or facility is eligible for earned discretionary reentry if he or she has served a term of imprisonment of at least 20 years. Provides that petitions for earned discretionary reentry shall be administered by the Prisoner Review Board. Establishes procedures for the hearing. Removes provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that if any incarcerated person is released on earned discretionary reentry, his or her sentence shall be considered complete after the term of mandatory supervised release. Applies retroactively. Contains a severability provision.
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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 1. Purpose. In recognition of the historical
1717 5 harms of systemic racism and overly punitive sentencing, as
1818 6 well as concerns to address mass incarceration and safely
1919 7 reduce the prison population, this Act is needed to ensure
2020 8 that persons are not serving excessive sentences with no
2121 9 public benefit. By utilizing and extending existing review
2222 10 mechanisms, this Act will reduce unnecessary incarceration,
2323 11 reduce costs of incarceration, provide incentive to people
2424 12 with long sentences to prepare for productive lives, make
2525 13 prisons safer for incarcerated persons and prison staff, and
2626 14 help bring the State in compliance with Section 11 of Article I
2727 15 of the Illinois Constitution, which mandates that all
2828 16 penalties aim to restore incarcerated people to useful
2929 17 citizenship.
3030 18 Section 5. The Unified Code of Corrections is amended by
3131 19 changing Sections 3-3-3 and 3-5-1 and by adding Section
3232 20 3-3-3.1 as follows:
3333 21 (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
3434 22 Sec. 3-3-3. Eligibility for parole or release.
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2311 Introduced 2/10/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
3939 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-3.1 new 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
4040 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
4141 730 ILCS 5/3-3-3.1 new
4242 730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
4343 Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary, any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, or the Habeas Corpus Article or the relief from judgment provisions of the Code of Civil Procedure, a person serving a term of imprisonment, including a term of natural life, in a Department of Corrections institution or facility is eligible for earned discretionary reentry if he or she has served a term of imprisonment of at least 20 years. Provides that petitions for earned discretionary reentry shall be administered by the Prisoner Review Board. Establishes procedures for the hearing. Removes provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that if any incarcerated person is released on earned discretionary reentry, his or her sentence shall be considered complete after the term of mandatory supervised release. Applies retroactively. Contains a severability provision.
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7373 1 (a) Except as otherwise provided in Section 3-3-3.1 and
7474 2 except Except for those offenders who accept the fixed release
7575 3 date established by the Prisoner Review Board under Section
7676 4 3-3-2.1, every person serving a term of imprisonment under the
7777 5 law in effect prior to the effective date of this amendatory
7878 6 Act of 1977 shall be eligible for parole when he or she has
7979 7 served:
8080 8 (1) the minimum term of an indeterminate sentence less
8181 9 time credit for good behavior, or 20 years less time
8282 10 credit for good behavior, whichever is less; or
8383 11 (2) 20 years of a life sentence less time credit for
8484 12 good behavior; or
8585 13 (3) 20 years or one-third of a determinate sentence,
8686 14 whichever is less, less time credit for good behavior.
8787 15 (b) Except as otherwise provided in Section 3-3-3.1, no No
8888 16 person sentenced under this amendatory Act of 1977 or who
8989 17 accepts a release date under Section 3-3-2.1 shall be eligible
9090 18 for parole.
9191 19 (c) Except as otherwise provided in Section 3-3-3.1, and
9292 20 except Except for those sentenced to a term of natural life
9393 21 imprisonment, every person sentenced to imprisonment under
9494 22 this amendatory Act of 1977 or given a release date under
9595 23 Section 3-3-2.1 of this Act shall serve the full term of a
9696 24 determinate sentence less time credit for good behavior and
9797 25 shall then be released under the mandatory supervised release
9898 26 provisions of paragraph (d) of Section 5-8-1 of this Code.
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109109 1 (d) (Blank). No person serving a term of natural life
110110 2 imprisonment may be paroled or released except through
111111 3 executive clemency.
112112 4 (e) Every person committed to the Department of Juvenile
113113 5 Justice under the Juvenile Court Act of 1987 and confined in
114114 6 the State correctional institutions or facilities if such
115115 7 juvenile has not been tried as an adult shall be eligible for
116116 8 aftercare release under Section 3-2.5-85 of this Code.
117117 9 However, if a juvenile has been tried as an adult he or she
118118 10 shall only be eligible for parole or mandatory supervised
119119 11 release as an adult under this Section.
120120 12 (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
121121 13 (730 ILCS 5/3-3-3.1 new)
122122 14 Sec. 3-3-3.1. Earned discretionary reentry; earned
123123 15 discretionary reentry hearings; sentences of 20 years or
124124 16 longer; life imprisonment; reentry.
125125 17 (a) Notwithstanding to the contrary, any provision of this
126126 18 Code, Article 122 of the Code of Criminal Procedure of 1963, or
127127 19 Article X or Section 2-1401 of the Code of Civil Procedure, a
128128 20 person serving a term of imprisonment, including a term of
129129 21 natural life, in a Department of Corrections institution or
130130 22 facility is eligible for earned discretionary reentry under
131131 23 this Article if he or she has served a term of imprisonment of
132132 24 at least 20 years. Petitions for earned discretionary reentry
133133 25 shall be administered by the Prisoner Review Board.
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144144 1 (b) The Prisoner Review Board shall contact persons
145145 2 eligible for earned discretionary reentry and conduct hearings
146146 3 to determine whether they shall obtain earned discretionary
147147 4 reentry as provided by this Article and the Open Parole
148148 5 Hearings Act unless otherwise specified in this Section.
149149 6 (c) Candidates who have been incarcerated for the longest
150150 7 time, beyond 20 years, shall be heard first.
151151 8 (d) Victims and victims' families shall be notified in a
152152 9 timely manner and provided an opportunity to participate in
153153 10 the hearing in accordance with the Rights of Crime Victims and
154154 11 Witnesses Act, the Open Parole Hearings Act, and this Article.
155155 12 (e) In determining whether a candidate should obtain
156156 13 earned discretionary reentry, the Prisoner Review Board shall
157157 14 consider the following factors:
158158 15 (1) a statement, oral or written, by the candidate as
159159 16 to the reasons why he or she should obtain earned
160160 17 discretionary reentry;
161161 18 (2) any of evidence of the candidate's rehabilitation
162162 19 during the period of his or her incarceration, including
163163 20 remorse for any criminal acts, if applicable;
164164 21 (3) any evidence of the likelihood that the candidate
165165 22 will not recidivate;
166166 23 (4) any character references, letters of support from
167167 24 family or community members, or references by staff,
168168 25 volunteers, or incarcerated persons in the Department of
169169 26 Corrections;
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180180 1 (5) any evidence of the candidate's participation in
181181 2 educational, vocational, substance abuse, behavior
182182 3 modification, life skills, or reentry planning programs;
183183 4 (6) the candidate's disciplinary record while
184184 5 incarcerated;
185185 6 (7) the candidate's employment history while
186186 7 incarcerated;
187187 8 (8) the candidate's criminal history; and
188188 9 (9) the candidate's parole plan, including plans for
189189 10 housing, employment, and community support upon release
190190 11 from incarceration; and
191191 12 (f) If the programs or employment opportunities described
192192 13 in this Section were not available to this candidate, the
193193 14 Board shall not penalize the candidate for failure to
194194 15 participate in them; nor shall the board penalize a candidate
195195 16 for choosing not to work for the Department of Corrections;
196196 17 nor shall the Board penalize a candidate for maintaining his
197197 18 or her claim of innocence.
198198 19 (g) Hearings under this Section shall be conducted by a
199199 20 panel of at least 3 members of the Board. A majority vote of
200200 21 the members present and voting at the hearing is required to
201201 22 grant the petition and release the candidate.
202202 23 (h) If earned discretionary reentry is denied under this
203203 24 Section, the Board shall provide a written statement to the
204204 25 candidate that shall include the reasons for the denial, what
205205 26 the candidate must accomplish to attain earned discretionary
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216216 1 reentry in the future; and when the candidate is eligible to
217217 2 reapply for earned discretionary reentry, which shall be no
218218 3 later than 2 years after the denial. The candidate may seek a
219219 4 continuance of up to 2 additional years.
220220 5 (i) An incarcerated person described in this Section may
221221 6 not be barred from any programming because his or her maximum
222222 7 out date is not in the near future.
223223 8 (j) Every incarcerated person described in this Section
224224 9 may bring legal counsel or an advocate of his or her choice to
225225 10 the earned discretionary reentry hearing.
226226 11 (k) Every incarcerated person described in this Section
227227 12 may attend and testify at his or her earned discretionary
228228 13 reentry hearing in person or by video-conference or may have
229229 14 counsel or an advocate read a statement.
230230 15 (l) Every incarcerated person described in this Section
231231 16 shall be provided full and complete access to his or her master
232232 17 record file, with the exception of the names of verified
233233 18 confidential informants, at least 60 days prior to any earned
234234 19 discretionary reentry hearing. The incarcerated person has a
235235 20 right to challenge any false, misleading, or otherwise
236236 21 inaccurate information contained therein. The Department of
237237 22 Corrections shall establish an expedited process for
238238 23 incarcerated persons to challenge such false, misleading, or
239239 24 otherwise inaccurate information so that it can be removed
240240 25 prior to any earned discretionary reentry hearing. Every
241241 26 incarcerated person described in this section may have counsel
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252252 1 assist them in challenging inaccurate information.
253253 2 (m) If any incarcerated person is released on earned
254254 3 discretionary reentry, his or her sentence shall be considered
255255 4 complete after the term of mandatory supervised release.
256256 5 (n) This Section applies retroactively to every person
257257 6 currently serving a term of imprisonment in a Department of
258258 7 Corrections institution or facility, which is necessary in
259259 8 order to serve the important objectives listed in the
260260 9 preamble, including that of restoring incarcerated individuals
261261 10 to useful citizenship, as required by Section 11 of Article 1
262262 11 of the Illinois Constitution.
263263 12 (o) Nothing in this Section guarantees release. It only
264264 13 provides the opportunity for the incarcerated person to
265265 14 demonstrate his or her readiness to obtain earned
266266 15 discretionary reentry.
267267 16 (p) At the conclusion of the second year after the
268268 17 effective date of this amendatory Act of the 103rd General
269269 18 Assembly, subsection (c) no longer applies, and all candidates
270270 19 who have been incarcerated at least 20 consecutive years shall
271271 20 have equal opportunity for hearings.
272272 21 (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
273273 22 Sec. 3-5-1. Master Record File.
274274 23 (a) The Department of Corrections and the Department of
275275 24 Juvenile Justice shall maintain a master record file on each
276276 25 person committed to it, which shall contain the following
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287287 1 information:
288288 2 (1) all information from the committing court;
289289 3 (1.5) ethnic and racial background data collected in
290290 4 accordance with Section 4.5 of the Criminal Identification
291291 5 Act;
292292 6 (2) reception summary;
293293 7 (3) evaluation and assignment reports and
294294 8 recommendations;
295295 9 (4) reports as to program assignment and progress;
296296 10 (5) reports of disciplinary infractions and
297297 11 disposition, including tickets and Administrative Review
298298 12 Board action;
299299 13 (6) any parole or aftercare release plan;
300300 14 (7) any parole or aftercare release reports;
301301 15 (8) the date and circumstances of final discharge;
302302 16 (9) criminal history;
303303 17 (10) current and past gang affiliations and ranks;
304304 18 (11) information regarding associations and family
305305 19 relationships;
306306 20 (12) any grievances filed and responses to those
307307 21 grievances; and
308308 22 (13) other information that the respective Department
309309 23 determines is relevant to the secure confinement and
310310 24 rehabilitation of the committed person.
311311 25 (b) Except as otherwise provided in Section 3-3-3.1, all
312312 26 All files shall be confidential and access shall be limited to
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323323 1 authorized personnel of the respective Department or by
324324 2 disclosure in accordance with a court order or subpoena.
325325 3 Personnel of other correctional, welfare or law enforcement
326326 4 agencies may have access to files under rules and regulations
327327 5 of the respective Department. The respective Department shall
328328 6 keep a record of all outside personnel who have access to
329329 7 files, the files reviewed, any file material copied, and the
330330 8 purpose of access. If the respective Department or the
331331 9 Prisoner Review Board makes a determination under this Code
332332 10 which affects the length of the period of confinement or
333333 11 commitment, the committed person and his counsel shall be
334334 12 advised of factual information relied upon by the respective
335335 13 Department or Board to make the determination, provided that
336336 14 the Department or Board shall not be required to advise a
337337 15 person committed to the Department of Juvenile Justice any
338338 16 such information which in the opinion of the Department of
339339 17 Juvenile Justice or Board would be detrimental to his
340340 18 treatment or rehabilitation.
341341 19 (c) The master file shall be maintained at a place
342342 20 convenient to its use by personnel of the respective
343343 21 Department in charge of the person. When custody of a person is
344344 22 transferred from the Department to another department or
345345 23 agency, a summary of the file shall be forwarded to the
346346 24 receiving agency with such other information required by law
347347 25 or requested by the agency under rules and regulations of the
348348 26 respective Department.
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359359 1 (d) The master file of a person no longer in the custody of
360360 2 the respective Department shall be placed on inactive status
361361 3 and its use shall be restricted subject to rules and
362362 4 regulations of the Department.
363363 5 (e) All public agencies may make available to the
364364 6 respective Department on request any factual data not
365365 7 otherwise privileged as a matter of law in their possession in
366366 8 respect to individuals committed to the respective Department.
367367 9 (f) A committed person may request a summary of the
368368 10 committed person's master record file once per year and the
369369 11 committed person's attorney may request one summary of the
370370 12 committed person's master record file once per year. The
371371 13 Department shall create a form for requesting this summary,
372372 14 and shall make that form available to committed persons and to
373373 15 the public on its website. Upon receipt of the request form,
374374 16 the Department shall provide the summary within 15 days. The
375375 17 summary must contain, unless otherwise prohibited by law:
376376 18 (1) the person's name, ethnic, racial, and other
377377 19 identifying information;
378378 20 (2) all digitally available information from the
379379 21 committing court;
380380 22 (3) all information in the Offender 360 system on the
381381 23 person's criminal history;
382382 24 (4) the person's complete assignment history in the
383383 25 Department of Corrections;
384384 26 (5) the person's disciplinary card;
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395395 1 (6) additional records about up to 3 specific
396396 2 disciplinary incidents as identified by the requester;
397397 3 (7) any available records about up to 5 specific
398398 4 grievances filed by the person, as identified by the
399399 5 requester; and
400400 6 (8) the records of all grievances filed on or after
401401 7 January 1, 2023.
402402 8 Notwithstanding any provision of this subsection (f) to
403403 9 the contrary, a committed person's master record file is not
404404 10 subject to disclosure and copying under the Freedom of
405405 11 Information Act.
406406 12 (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
407407 13 revised 12-14-22.)
408408 14 Section 97. Severability. The provisions of this Act are
409409 15 severable under Section 1.31 of the Statute on Statutes.
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