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Illinois House Bill HB2348

Illinois 2025-2026 Regular Session

Illinois House Bill HB2348 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2348 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall be the authority for setting conditions for mandatory supervised release under specified provisions and determining whether a violation of those conditions warrant revocation of mandatory supervised release or the imposition of other sanctions. Provides that the Board shall hear by at least one member and through a panel of at least 3 members determine the conditions of mandatory supervised release, determine the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under specified provisions. Provides that if a person was originally prosecuted under the provisions of the Criminal Code of 1961 or the Criminal Code of 2012, sentenced under the provisions of the Act pursuant to the Juvenile Court Act of 1987, and convicted as an adult and committed to the Department of Juvenile Justice, the Department of Juvenile Justice shall, no less than 120 days prior to the date that the person reaches the age of 21, send written notification to the Prisoner Review Board indicating the day upon which the committed person will achieve the age of 21. Requires the Prisoner Review Board to conduct a hearing with no less than 3 members to determine whether or not the minor shall be assigned mandatory supervised release or be transferred to the Department of Corrections prior to the minor's 21st birthday. LRB104 09580 RLC 19643 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2348 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall be the authority for setting conditions for mandatory supervised release under specified provisions and determining whether a violation of those conditions warrant revocation of mandatory supervised release or the imposition of other sanctions. Provides that the Board shall hear by at least one member and through a panel of at least 3 members determine the conditions of mandatory supervised release, determine the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under specified provisions. Provides that if a person was originally prosecuted under the provisions of the Criminal Code of 1961 or the Criminal Code of 2012, sentenced under the provisions of the Act pursuant to the Juvenile Court Act of 1987, and convicted as an adult and committed to the Department of Juvenile Justice, the Department of Juvenile Justice shall, no less than 120 days prior to the date that the person reaches the age of 21, send written notification to the Prisoner Review Board indicating the day upon which the committed person will achieve the age of 21. Requires the Prisoner Review Board to conduct a hearing with no less than 3 members to determine whether or not the minor shall be assigned mandatory supervised release or be transferred to the Department of Corrections prior to the minor's 21st birthday. LRB104 09580 RLC 19643 b LRB104 09580 RLC 19643 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2348 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
44 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1
55 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
66 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
77 Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall be the authority for setting conditions for mandatory supervised release under specified provisions and determining whether a violation of those conditions warrant revocation of mandatory supervised release or the imposition of other sanctions. Provides that the Board shall hear by at least one member and through a panel of at least 3 members determine the conditions of mandatory supervised release, determine the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under specified provisions. Provides that if a person was originally prosecuted under the provisions of the Criminal Code of 1961 or the Criminal Code of 2012, sentenced under the provisions of the Act pursuant to the Juvenile Court Act of 1987, and convicted as an adult and committed to the Department of Juvenile Justice, the Department of Juvenile Justice shall, no less than 120 days prior to the date that the person reaches the age of 21, send written notification to the Prisoner Review Board indicating the day upon which the committed person will achieve the age of 21. Requires the Prisoner Review Board to conduct a hearing with no less than 3 members to determine whether or not the minor shall be assigned mandatory supervised release or be transferred to the Department of Corrections prior to the minor's 21st birthday.
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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 3-3-1, 3-3-2, and 3-3-3 as follows:
1818 6 (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
1919 7 Sec. 3-3-1. Establishment and appointment of Prisoner
2020 8 Review Board.
2121 9 (a) There shall be a Prisoner Review Board independent of
2222 10 the Department which shall be:
2323 11 (1) the paroling authority for persons sentenced under
2424 12 the law in effect prior to the effective date of this
2525 13 amendatory Act of 1977;
2626 14 (1.2) the paroling authority for persons eligible for
2727 15 parole review under Section 5-4.5-115;
2828 16 (1.5) (blank);
2929 17 (1.10) the authority for setting conditions for
3030 18 mandatory supervised release under subsection (f) of
3131 19 Section 3-3-3 of this Code and determining whether a
3232 20 violation of those conditions warrant revocation of
3333 21 mandatory supervised release or the imposition of other
3434 22 sanctions;
3535 23 (2) the board of review for cases involving the
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2348 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
4040 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
4141 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1
4242 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
4343 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
4444 Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall be the authority for setting conditions for mandatory supervised release under specified provisions and determining whether a violation of those conditions warrant revocation of mandatory supervised release or the imposition of other sanctions. Provides that the Board shall hear by at least one member and through a panel of at least 3 members determine the conditions of mandatory supervised release, determine the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under specified provisions. Provides that if a person was originally prosecuted under the provisions of the Criminal Code of 1961 or the Criminal Code of 2012, sentenced under the provisions of the Act pursuant to the Juvenile Court Act of 1987, and convicted as an adult and committed to the Department of Juvenile Justice, the Department of Juvenile Justice shall, no less than 120 days prior to the date that the person reaches the age of 21, send written notification to the Prisoner Review Board indicating the day upon which the committed person will achieve the age of 21. Requires the Prisoner Review Board to conduct a hearing with no less than 3 members to determine whether or not the minor shall be assigned mandatory supervised release or be transferred to the Department of Corrections prior to the minor's 21st birthday.
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7474 1 revocation of sentence credits or a suspension or
7575 2 reduction in the rate of accumulating the credit;
7676 3 (3) the board of review and recommendation for the
7777 4 exercise of executive clemency by the Governor;
7878 5 (4) the authority for establishing release dates for
7979 6 certain prisoners sentenced under the law in existence
8080 7 prior to the effective date of this amendatory Act of
8181 8 1977, in accordance with Section 3-3-2.1 of this Code;
8282 9 (5) the authority for setting conditions for parole
8383 10 and mandatory supervised release under Section 5-8-1(a) of
8484 11 this Code, and determining whether a violation of those
8585 12 conditions warrant revocation of parole or mandatory
8686 13 supervised release or the imposition of other sanctions;
8787 14 (6) the authority for determining whether a violation
8888 15 of aftercare release conditions warrant revocation of
8989 16 aftercare release; and
9090 17 (7) the authority to release medically infirm or
9191 18 disabled prisoners under Section 3-3-14.
9292 19 (b) The Board shall consist of 15 persons appointed by the
9393 20 Governor by and with the advice and consent of the Senate. One
9494 21 member of the Board shall be designated by the Governor to be
9595 22 Chairman and shall serve as Chairman at the pleasure of the
9696 23 Governor. The members of the Board shall have had at least 5
9797 24 years of actual experience in the fields of penology,
9898 25 corrections work, law enforcement, sociology, law, education,
9999 26 social work, medicine, psychology, other behavioral sciences,
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110110 1 or a combination thereof. At least 6 members so appointed must
111111 2 have at least 3 years experience in the field of juvenile
112112 3 matters. No more than 8 Board members may be members of the
113113 4 same political party.
114114 5 Each member of the Board shall serve on a full-time basis
115115 6 and shall not hold any other salaried public office, whether
116116 7 elective or appointive, nor any other office or position of
117117 8 profit, nor engage in any other business, employment, or
118118 9 vocation. The Chairman of the Board shall receive $35,000 a
119119 10 year, or an amount set by the Compensation Review Board,
120120 11 whichever is greater, and each other member $30,000, or an
121121 12 amount set by the Compensation Review Board, whichever is
122122 13 greater.
123123 14 (c) Notwithstanding any other provision of this Section,
124124 15 the term of each member of the Board who was appointed by the
125125 16 Governor and is in office on June 30, 2003 shall terminate at
126126 17 the close of business on that date or when all of the successor
127127 18 members to be appointed pursuant to this amendatory Act of the
128128 19 93rd General Assembly have been appointed by the Governor,
129129 20 whichever occurs later. As soon as possible, the Governor
130130 21 shall appoint persons to fill the vacancies created by this
131131 22 amendatory Act.
132132 23 Of the initial members appointed under this amendatory Act
133133 24 of the 93rd General Assembly, the Governor shall appoint 5
134134 25 members whose terms shall expire on the third Monday in
135135 26 January 2005, 5 members whose terms shall expire on the third
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146146 1 Monday in January 2007, and 5 members whose terms shall expire
147147 2 on the third Monday in January 2009. Their respective
148148 3 successors shall be appointed for terms of 6 years from the
149149 4 third Monday in January of the year of appointment. Each
150150 5 member shall serve until his or her successor is appointed and
151151 6 qualified.
152152 7 Any member may be removed by the Governor for
153153 8 incompetence, neglect of duty, malfeasance or inability to
154154 9 serve.
155155 10 (d) The Chairman of the Board shall be its chief executive
156156 11 and administrative officer. The Board may have an Executive
157157 12 Director; if so, the Executive Director shall be appointed by
158158 13 the Governor with the advice and consent of the Senate. The
159159 14 salary and duties of the Executive Director shall be fixed by
160160 15 the Board.
161161 16 (Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
162162 17 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
163163 18 Sec. 3-3-2. Powers and duties.
164164 19 (a) The Parole and Pardon Board is abolished and the term
165165 20 "Parole and Pardon Board" as used in any law of Illinois, shall
166166 21 read "Prisoner Review Board." After February 1, 1978 (the
167167 22 effective date of Public Act 81-1099), the Prisoner Review
168168 23 Board shall provide by rule for the orderly transition of all
169169 24 files, records, and documents of the Parole and Pardon Board
170170 25 and for such other steps as may be necessary to effect an
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181181 1 orderly transition and shall:
182182 2 (1) hear by at least one member and through a panel of
183183 3 at least 3 members decide, cases of prisoners who were
184184 4 sentenced under the law in effect prior to February 1,
185185 5 1978 (the effective date of Public Act 81-1099), and who
186186 6 are eligible for parole;
187187 7 (2) hear by at least one member and through a panel of
188188 8 at least 3 members decide, the conditions of parole and
189189 9 the time of discharge from parole, impose sanctions for
190190 10 violations of parole, and revoke parole for those
191191 11 sentenced under the law in effect prior to February 1,
192192 12 1978 (the effective date of Public Act 81-1099); provided
193193 13 that the decision to parole and the conditions of parole
194194 14 for all prisoners who were sentenced for first degree
195195 15 murder or who received a minimum sentence of 20 years or
196196 16 more under the law in effect prior to February 1, 1978
197197 17 shall be determined by a majority vote of the Prisoner
198198 18 Review Board. One representative supporting parole and one
199199 19 representative opposing parole will be allowed to speak.
200200 20 Their comments shall be limited to making corrections and
201201 21 filling in omissions to the Board's presentation and
202202 22 discussion;
203203 23 (3) hear by at least one member and through a panel of
204204 24 at least 3 members decide, the conditions of mandatory
205205 25 supervised release and the time of discharge from
206206 26 mandatory supervised release, impose sanctions for
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217217 1 violations of mandatory supervised release, and revoke
218218 2 mandatory supervised release for those sentenced under the
219219 3 law in effect after February 1, 1978 (the effective date
220220 4 of Public Act 81-1099);
221221 5 (3.5) hear by at least one member and through a panel
222222 6 of at least 3 members decide, the conditions of mandatory
223223 7 supervised release and the time of discharge from
224224 8 mandatory supervised release, to impose sanctions for
225225 9 violations of mandatory supervised release and revoke
226226 10 mandatory supervised release for those serving extended
227227 11 supervised release terms pursuant to paragraph (4) of
228228 12 subsection (d) of Section 5-8-1;
229229 13 (3.6) hear by at least one member and through a panel
230230 14 of at least 3 members decide whether to revoke aftercare
231231 15 release for those committed to the Department of Juvenile
232232 16 Justice under the Juvenile Court Act of 1987;
233233 17 (4) hear by at least one member and through a panel of
234234 18 at least 3 members, decide cases brought by the Department
235235 19 of Corrections against a prisoner in the custody of the
236236 20 Department for alleged violation of Department rules with
237237 21 respect to sentence credits under Section 3-6-3 of this
238238 22 Code in which the Department seeks to revoke sentence
239239 23 credits, if the amount of time at issue exceeds 30 days or
240240 24 when, during any 12-month period, the cumulative amount of
241241 25 credit revoked exceeds 30 days except where the infraction
242242 26 is committed or discovered within 60 days of scheduled
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253253 1 release. In such cases, the Department of Corrections may
254254 2 revoke up to 30 days of sentence credit. The Board may
255255 3 subsequently approve the revocation of additional sentence
256256 4 credit, if the Department seeks to revoke sentence credit
257257 5 in excess of 30 days. However, the Board shall not be
258258 6 empowered to review the Department's decision with respect
259259 7 to the loss of 30 days of sentence credit for any prisoner
260260 8 or to increase any penalty beyond the length requested by
261261 9 the Department;
262262 10 (5) hear by at least one member and through a panel of
263263 11 at least 3 members decide, the release dates for certain
264264 12 prisoners sentenced under the law in existence prior to
265265 13 February 1, 1978 (the effective date of Public Act
266266 14 81-1099), in accordance with Section 3-3-2.1 of this Code;
267267 15 (6) hear by at least one member and through a panel of
268268 16 at least 3 members decide, all requests for pardon,
269269 17 reprieve or commutation, and make confidential
270270 18 recommendations to the Governor;
271271 19 (6.5) hear by at least one member who is qualified in
272272 20 the field of juvenile matters and through a panel of at
273273 21 least 3 members, 2 of whom are qualified in the field of
274274 22 juvenile matters, decide parole review cases in accordance
275275 23 with Section 5-4.5-115 of this Code and make release
276276 24 determinations of persons under the age of 21 at the time
277277 25 of the commission of an offense or offenses, other than
278278 26 those persons serving sentences for first degree murder or
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289289 1 aggravated criminal sexual assault;
290290 2 (6.6) hear by at least a quorum of the Prisoner Review
291291 3 Board and decide by a majority of members present at the
292292 4 hearing, in accordance with Section 5-4.5-115 of this
293293 5 Code, release determinations of persons under the age of
294294 6 21 at the time of the commission of an offense or offenses
295295 7 of those persons serving sentences for first degree murder
296296 8 or aggravated criminal sexual assault;
297297 9 (6.7) hear by at least one member and through a panel
298298 10 of at least 3 members determine the conditions of
299299 11 mandatory supervised release, determine the time of
300300 12 discharge from mandatory supervised release, impose
301301 13 sanctions for violations of mandatory supervised release,
302302 14 and revoke mandatory supervised release for those
303303 15 sentenced under subsection (f) of Section 3-3-3 of this
304304 16 Code;
305305 17 (7) comply with the requirements of the Open Parole
306306 18 Hearings Act;
307307 19 (8) hear by at least one member and, through a panel of
308308 20 at least 3 members, decide cases brought by the Department
309309 21 of Corrections against a prisoner in the custody of the
310310 22 Department for court dismissal of a frivolous lawsuit
311311 23 pursuant to Section 3-6-3(d) of this Code in which the
312312 24 Department seeks to revoke up to 180 days of sentence
313313 25 credit, and if the prisoner has not accumulated 180 days
314314 26 of sentence credit at the time of the dismissal, then all
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325325 1 sentence credit accumulated by the prisoner shall be
326326 2 revoked;
327327 3 (9) hear by at least 3 members, and, through a panel of
328328 4 at least 3 members, decide whether to grant certificates
329329 5 of relief from disabilities or certificates of good
330330 6 conduct as provided in Article 5.5 of Chapter V;
331331 7 (10) upon a petition by a person who has been
332332 8 convicted of a Class 3 or Class 4 felony and who meets the
333333 9 requirements of this paragraph, hear by at least 3 members
334334 10 and, with the unanimous vote of a panel of 3 members, issue
335335 11 a certificate of eligibility for sealing recommending that
336336 12 the court order the sealing of all official records of the
337337 13 arresting authority, the circuit court clerk, and the
338338 14 Illinois State Police concerning the arrest and conviction
339339 15 for the Class 3 or 4 felony. A person may not apply to the
340340 16 Board for a certificate of eligibility for sealing:
341341 17 (A) until 5 years have elapsed since the
342342 18 expiration of his or her sentence;
343343 19 (B) until 5 years have elapsed since any arrests
344344 20 or detentions by a law enforcement officer for an
345345 21 alleged violation of law, other than a petty offense,
346346 22 traffic offense, conservation offense, or local
347347 23 ordinance offense;
348348 24 (C) if convicted of a violation of the Cannabis
349349 25 Control Act, Illinois Controlled Substances Act, the
350350 26 Methamphetamine Control and Community Protection Act,
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361361 1 the Methamphetamine Precursor Control Act, or the
362362 2 Methamphetamine Precursor Tracking Act unless the
363363 3 petitioner has completed a drug abuse program for the
364364 4 offense on which sealing is sought and provides proof
365365 5 that he or she has completed the program successfully;
366366 6 (D) if convicted of:
367367 7 (i) a sex offense described in Article 11 or
368368 8 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
369369 9 the Criminal Code of 1961 or the Criminal Code of
370370 10 2012;
371371 11 (ii) aggravated assault;
372372 12 (iii) aggravated battery;
373373 13 (iv) domestic battery;
374374 14 (v) aggravated domestic battery;
375375 15 (vi) violation of an order of protection;
376376 16 (vii) an offense under the Criminal Code of
377377 17 1961 or the Criminal Code of 2012 involving a
378378 18 firearm;
379379 19 (viii) driving while under the influence of
380380 20 alcohol, other drug or drugs, intoxicating
381381 21 compound or compounds, or any combination thereof;
382382 22 (ix) aggravated driving while under the
383383 23 influence of alcohol, other drug or drugs,
384384 24 intoxicating compound or compounds, or any
385385 25 combination thereof; or
386386 26 (x) any crime defined as a crime of violence
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397397 1 under Section 2 of the Crime Victims Compensation
398398 2 Act.
399399 3 If a person has applied to the Board for a certificate
400400 4 of eligibility for sealing and the Board denies the
401401 5 certificate, the person must wait at least 4 years before
402402 6 filing again or filing for pardon from the Governor unless
403403 7 the Chairman of the Prisoner Review Board grants a waiver.
404404 8 The decision to issue or refrain from issuing a
405405 9 certificate of eligibility for sealing shall be at the
406406 10 Board's sole discretion, and shall not give rise to any
407407 11 cause of action against either the Board or its members.
408408 12 The Board may only authorize the sealing of Class 3
409409 13 and 4 felony convictions of the petitioner from one
410410 14 information or indictment under this paragraph (10). A
411411 15 petitioner may only receive one certificate of eligibility
412412 16 for sealing under this provision for life; and
413413 17 (11) upon a petition by a person who after having been
414414 18 convicted of a Class 3 or Class 4 felony thereafter served
415415 19 in the United States Armed Forces or National Guard of
416416 20 this or any other state and had received an honorable
417417 21 discharge from the United States Armed Forces or National
418418 22 Guard or who at the time of filing the petition is enlisted
419419 23 in the United States Armed Forces or National Guard of
420420 24 this or any other state and served one tour of duty and who
421421 25 meets the requirements of this paragraph, hear by at least
422422 26 3 members and, with the unanimous vote of a panel of 3
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433433 1 members, issue a certificate of eligibility for
434434 2 expungement recommending that the court order the
435435 3 expungement of all official records of the arresting
436436 4 authority, the circuit court clerk, and the Illinois State
437437 5 Police concerning the arrest and conviction for the Class
438438 6 3 or 4 felony. A person may not apply to the Board for a
439439 7 certificate of eligibility for expungement:
440440 8 (A) if convicted of:
441441 9 (i) a sex offense described in Article 11 or
442442 10 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
443443 11 the Criminal Code of 1961 or Criminal Code of
444444 12 2012;
445445 13 (ii) an offense under the Criminal Code of
446446 14 1961 or Criminal Code of 2012 involving a firearm;
447447 15 or
448448 16 (iii) a crime of violence as defined in
449449 17 Section 2 of the Crime Victims Compensation Act;
450450 18 or
451451 19 (B) if the person has not served in the United
452452 20 States Armed Forces or National Guard of this or any
453453 21 other state or has not received an honorable discharge
454454 22 from the United States Armed Forces or National Guard
455455 23 of this or any other state or who at the time of the
456456 24 filing of the petition is serving in the United States
457457 25 Armed Forces or National Guard of this or any other
458458 26 state and has not completed one tour of duty.
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469469 1 If a person has applied to the Board for a certificate
470470 2 of eligibility for expungement and the Board denies the
471471 3 certificate, the person must wait at least 4 years before
472472 4 filing again or filing for a pardon with authorization for
473473 5 expungement from the Governor unless the Governor or
474474 6 Chairman of the Prisoner Review Board grants a waiver.
475475 7 (a-5) The Prisoner Review Board, with the cooperation of
476476 8 and in coordination with the Department of Corrections and the
477477 9 Department of Central Management Services, shall implement a
478478 10 pilot project in 3 correctional institutions providing for the
479479 11 conduct of hearings under paragraphs (1) and (4) of subsection
480480 12 (a) of this Section through interactive video conferences. The
481481 13 project shall be implemented within 6 months after January 1,
482482 14 1997 (the effective date of Public Act 89-490). Within 6
483483 15 months after the implementation of the pilot project, the
484484 16 Prisoner Review Board, with the cooperation of and in
485485 17 coordination with the Department of Corrections and the
486486 18 Department of Central Management Services, shall report to the
487487 19 Governor and the General Assembly regarding the use, costs,
488488 20 effectiveness, and future viability of interactive video
489489 21 conferences for Prisoner Review Board hearings.
490490 22 (b) Upon recommendation of the Department the Board may
491491 23 restore sentence credit previously revoked.
492492 24 (c) The Board shall cooperate with the Department in
493493 25 promoting an effective system of parole and mandatory
494494 26 supervised release.
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505505 1 (d) The Board shall promulgate rules for the conduct of
506506 2 its work, and the Chairman shall file a copy of such rules and
507507 3 any amendments thereto with the Director and with the
508508 4 Secretary of State.
509509 5 (e) The Board shall keep records of all of its official
510510 6 actions and shall make them accessible in accordance with law
511511 7 and the rules of the Board.
512512 8 (f) The Board or one who has allegedly violated the
513513 9 conditions of his or her parole, aftercare release, or
514514 10 mandatory supervised release may require by subpoena the
515515 11 attendance and testimony of witnesses and the production of
516516 12 documentary evidence relating to any matter under
517517 13 investigation or hearing. The Chairman of the Board may sign
518518 14 subpoenas which shall be served by any agent or public
519519 15 official authorized by the Chairman of the Board, or by any
520520 16 person lawfully authorized to serve a subpoena under the laws
521521 17 of the State of Illinois. The attendance of witnesses, and the
522522 18 production of documentary evidence, may be required from any
523523 19 place in the State to a hearing location in the State before
524524 20 the Chairman of the Board or his or her designated agent or
525525 21 agents or any duly constituted Committee or Subcommittee of
526526 22 the Board. Witnesses so summoned shall be paid the same fees
527527 23 and mileage that are paid witnesses in the circuit courts of
528528 24 the State, and witnesses whose depositions are taken and the
529529 25 persons taking those depositions are each entitled to the same
530530 26 fees as are paid for like services in actions in the circuit
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541541 1 courts of the State. Fees and mileage shall be vouchered for
542542 2 payment when the witness is discharged from further
543543 3 attendance.
544544 4 In case of disobedience to a subpoena, the Board may
545545 5 petition any circuit court of the State for an order requiring
546546 6 the attendance and testimony of witnesses or the production of
547547 7 documentary evidence or both. A copy of such petition shall be
548548 8 served by personal service or by registered or certified mail
549549 9 upon the person who has failed to obey the subpoena, and such
550550 10 person shall be advised in writing that a hearing upon the
551551 11 petition will be requested in a court room to be designated in
552552 12 such notice before the judge hearing motions or extraordinary
553553 13 remedies at a specified time, on a specified date, not less
554554 14 than 10 nor more than 15 days after the deposit of the copy of
555555 15 the written notice and petition in the U.S. mail addressed to
556556 16 the person at his or her last known address or after the
557557 17 personal service of the copy of the notice and petition upon
558558 18 such person. The court upon the filing of such a petition, may
559559 19 order the person refusing to obey the subpoena to appear at an
560560 20 investigation or hearing, or to there produce documentary
561561 21 evidence, if so ordered, or to give evidence relative to the
562562 22 subject matter of that investigation or hearing. Any failure
563563 23 to obey such order of the circuit court may be punished by that
564564 24 court as a contempt of court.
565565 25 Each member of the Board and any hearing officer
566566 26 designated by the Board shall have the power to administer
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577577 1 oaths and to take the testimony of persons under oath.
578578 2 (g) Except under subsection (a) of this Section, a
579579 3 majority of the members then appointed to the Prisoner Review
580580 4 Board shall constitute a quorum for the transaction of all
581581 5 business of the Board.
582582 6 (h) The Prisoner Review Board shall annually transmit to
583583 7 the Director a detailed report of its work for the preceding
584584 8 calendar year. The annual report shall also be transmitted to
585585 9 the Governor for submission to the Legislature.
586586 10 (Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
587587 11 102-558, eff. 8-20-21.)
588588 12 (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
589589 13 Sec. 3-3-3. Eligibility for parole or release.
590590 14 (a) Except for those offenders who accept the fixed
591591 15 release date established by the Prisoner Review Board under
592592 16 Section 3-3-2.1, every person serving a term of imprisonment
593593 17 under the law in effect prior to the effective date of this
594594 18 amendatory Act of 1977 shall be eligible for parole when he or
595595 19 she has served:
596596 20 (1) the minimum term of an indeterminate sentence less
597597 21 time credit for good behavior, or 20 years less time
598598 22 credit for good behavior, whichever is less; or
599599 23 (2) 20 years of a life sentence less time credit for
600600 24 good behavior; or
601601 25 (3) 20 years or one-third of a determinate sentence,
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612612 1 whichever is less, less time credit for good behavior.
613613 2 (b) No person sentenced under this amendatory Act of 1977
614614 3 or who accepts a release date under Section 3-3-2.1 shall be
615615 4 eligible for parole.
616616 5 (c) Except for those sentenced to a term of natural life
617617 6 imprisonment, every person sentenced to imprisonment under
618618 7 this amendatory Act of 1977 or given a release date under
619619 8 Section 3-3-2.1 of this Act shall serve the full term of a
620620 9 determinate sentence less time credit for good behavior and
621621 10 shall then be released under the mandatory supervised release
622622 11 provisions of paragraph (d) of Section 5-8-1 of this Code.
623623 12 (d) No person serving a term of natural life imprisonment
624624 13 may be paroled or released except through executive clemency.
625625 14 (e) Every person committed to the Department of Juvenile
626626 15 Justice under the Juvenile Court Act of 1987 and confined in
627627 16 the State correctional institutions or facilities if such
628628 17 juvenile has not been tried as an adult shall be eligible for
629629 18 aftercare release under Section 3-2.5-85 of this Code.
630630 19 However, if a juvenile has been tried as an adult he or she
631631 20 shall only be eligible for parole or mandatory supervised
632632 21 release as an adult under this Section.
633633 22 (f) If a person was originally prosecuted under the
634634 23 provisions of the Criminal Code of 1961 or the Criminal Code of
635635 24 2012, sentenced under the provisions of this Act pursuant to
636636 25 Section 5-805 of the Juvenile Court Act of 1987, and convicted
637637 26 as an adult and committed to the Department of Juvenile
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