Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0019 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	SB0019 EngrossedLRB104 08032 JDS 18078 b SB0019 Engrossed LRB104 08032 JDS 18078 b
2		-	SB0019 Engrossed LRB104 08032 JDS 18078 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0019 Introduced 1/13/2025, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: See Index Amends the Judges Article of the Illinois Pension Code. Specifies that a person who serves as a full-time member of the Prisoner Review Board does not violate the Code's return-to-work provisions on the basis of service on the Prisoner Review Board. Amends the Rights of Crime Victims and Witnesses Act. Provides that persons who have final, plenary, or non-emergency protective orders granted against the petitioner or parole candidate may submit victim statements. Provides that the Prisoner Review Board shall publish on its official website, and provide to registered victims, procedural information on how to submit victim statements. Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may contain members who have experience in advocacy for victims of crime and their families, advocacy for survivors of domestic violence, sexual violence, or intimate partner violence. Provides that at least 3 members of the Board (currently, 6) must have at least 3 years experience in the field of juvenile matters. Provides that a total of 7 members must have at least 5 years' experience as a law enforcement officer, parole officer, prosecutor, criminal defense attorney, or judge. Contains provisions concerning training for members and commissioners of the Prisoner Review Board. Makes changes concerning factors to be considered by the Board in deciding whether to grant or deny parole. Provides that, prior to entering an order discharging a person from parole or mandatory supervised release, the Prisoner Review Board shall provide notice and a 30-day opportunity to comment to any registered victim. Requires the Department of Corrections to prepare a report describing whether the subject has completed the mandatory conditions of parole or mandatory supervised release. Contains provisions concerning LEADS reports. Provides that all petitioners for clemency and medical release and all candidates for parole appearing before the Prisoner Review Board shall be afforded the opportunity to appear in person or via interactive video teleconference. Makes other changes. Effective immediately. LRB104 08032 JDS 18078 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0019 Introduced 1/13/2025, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: See Index See Index Amends the Judges Article of the Illinois Pension Code. Specifies that a person who serves as a full-time member of the Prisoner Review Board does not violate the Code's return-to-work provisions on the basis of service on the Prisoner Review Board. Amends the Rights of Crime Victims and Witnesses Act. Provides that persons who have final, plenary, or non-emergency protective orders granted against the petitioner or parole candidate may submit victim statements. Provides that the Prisoner Review Board shall publish on its official website, and provide to registered victims, procedural information on how to submit victim statements. Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may contain members who have experience in advocacy for victims of crime and their families, advocacy for survivors of domestic violence, sexual violence, or intimate partner violence. Provides that at least 3 members of the Board (currently, 6) must have at least 3 years experience in the field of juvenile matters. Provides that a total of 7 members must have at least 5 years' experience as a law enforcement officer, parole officer, prosecutor, criminal defense attorney, or judge. Contains provisions concerning training for members and commissioners of the Prisoner Review Board. Makes changes concerning factors to be considered by the Board in deciding whether to grant or deny parole. Provides that, prior to entering an order discharging a person from parole or mandatory supervised release, the Prisoner Review Board shall provide notice and a 30-day opportunity to comment to any registered victim. Requires the Department of Corrections to prepare a report describing whether the subject has completed the mandatory conditions of parole or mandatory supervised release. Contains provisions concerning LEADS reports. Provides that all petitioners for clemency and medical release and all candidates for parole appearing before the Prisoner Review Board shall be afforded the opportunity to appear in person or via interactive video teleconference. Makes other changes. Effective immediately. LRB104 08032 JDS 18078 b LRB104 08032 JDS 18078 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0019 Introduced 1/13/2025, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
	3	+	See Index See Index
	4	+	See Index
	5	+	Amends the Judges Article of the Illinois Pension Code. Specifies that a person who serves as a full-time member of the Prisoner Review Board does not violate the Code's return-to-work provisions on the basis of service on the Prisoner Review Board. Amends the Rights of Crime Victims and Witnesses Act. Provides that persons who have final, plenary, or non-emergency protective orders granted against the petitioner or parole candidate may submit victim statements. Provides that the Prisoner Review Board shall publish on its official website, and provide to registered victims, procedural information on how to submit victim statements. Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may contain members who have experience in advocacy for victims of crime and their families, advocacy for survivors of domestic violence, sexual violence, or intimate partner violence. Provides that at least 3 members of the Board (currently, 6) must have at least 3 years experience in the field of juvenile matters. Provides that a total of 7 members must have at least 5 years' experience as a law enforcement officer, parole officer, prosecutor, criminal defense attorney, or judge. Contains provisions concerning training for members and commissioners of the Prisoner Review Board. Makes changes concerning factors to be considered by the Board in deciding whether to grant or deny parole. Provides that, prior to entering an order discharging a person from parole or mandatory supervised release, the Prisoner Review Board shall provide notice and a 30-day opportunity to comment to any registered victim. Requires the Department of Corrections to prepare a report describing whether the subject has completed the mandatory conditions of parole or mandatory supervised release. Contains provisions concerning LEADS reports. Provides that all petitioners for clemency and medical release and all candidates for parole appearing before the Prisoner Review Board shall be afforded the opportunity to appear in person or via interactive video teleconference. Makes other changes. Effective immediately.
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	8	+	A BILL FOR
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3	11		1 AN ACT concerning criminal law.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 3. The Illinois Pension Code is amended by
7	15		5 changing Section 18-127 as follows:
8	16		6 (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
9	17		7 Sec. 18-127. Retirement annuity - suspension on
10	18		8 reemployment.
11	19		9 (a) A participant receiving a retirement annuity who is
12	20		10 regularly employed for compensation by an employer other than
13	21		11 a county, in any capacity, shall have his or her retirement
14	22		12 annuity payments suspended during such employment. Upon
15	23		13 termination of such employment, retirement annuity payments at
16	24		14 the previous rate shall be resumed.
17	25		15 If such a participant resumes service as a judge, he or she
18	26		16 shall receive credit for any additional service. Upon
19	27		17 subsequent retirement, his or her retirement annuity shall be
20	28		18 the amount previously granted, plus the amount earned by the
21	29		19 additional judicial service under the provisions in effect
22	30		20 during the period of such additional service. However, if the
23	31		21 participant was receiving the maximum rate of annuity at the
24	32		22 time of re-employment, he or she may elect, in a written
25	33		23 direction filed with the board, not to receive any additional
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	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0019 Introduced 1/13/2025, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
	38	+	See Index See Index
	39	+	See Index
	40	+	Amends the Judges Article of the Illinois Pension Code. Specifies that a person who serves as a full-time member of the Prisoner Review Board does not violate the Code's return-to-work provisions on the basis of service on the Prisoner Review Board. Amends the Rights of Crime Victims and Witnesses Act. Provides that persons who have final, plenary, or non-emergency protective orders granted against the petitioner or parole candidate may submit victim statements. Provides that the Prisoner Review Board shall publish on its official website, and provide to registered victims, procedural information on how to submit victim statements. Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may contain members who have experience in advocacy for victims of crime and their families, advocacy for survivors of domestic violence, sexual violence, or intimate partner violence. Provides that at least 3 members of the Board (currently, 6) must have at least 3 years experience in the field of juvenile matters. Provides that a total of 7 members must have at least 5 years' experience as a law enforcement officer, parole officer, prosecutor, criminal defense attorney, or judge. Contains provisions concerning training for members and commissioners of the Prisoner Review Board. Makes changes concerning factors to be considered by the Board in deciding whether to grant or deny parole. Provides that, prior to entering an order discharging a person from parole or mandatory supervised release, the Prisoner Review Board shall provide notice and a 30-day opportunity to comment to any registered victim. Requires the Department of Corrections to prepare a report describing whether the subject has completed the mandatory conditions of parole or mandatory supervised release. Contains provisions concerning LEADS reports. Provides that all petitioners for clemency and medical release and all candidates for parole appearing before the Prisoner Review Board shall be afforded the opportunity to appear in person or via interactive video teleconference. Makes other changes. Effective immediately.
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	43	+	A BILL FOR
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	49	+	See Index
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34	68		1 service credit during the period of re-employment. In such
35	69		2 case, contributions shall not be required during the period of
36	70		3 re-employment. Any such election shall be irrevocable.
37	71		4 (b) Beginning January 1, 1991, any participant receiving a
38	72		5 retirement annuity who accepts temporary employment from an
39	73		6 employer other than a county for a period not exceeding 75
40	74		7 working days in any calendar year shall not be deemed to be
41	75		8 regularly employed for compensation or to have resumed service
42	76		9 as a judge for the purposes of this Article. A day shall be
43	77		10 considered a working day if the annuitant performs on it any of
44	78		11 his duties under the temporary employment agreement.
45	79		12 (c) Except as provided in subsection (a), beginning
46	80		13 January 1, 1993, retirement annuities shall not be subject to
47	81		14 suspension upon resumption of employment for an employer, and
48	82		15 any retirement annuity that is then so suspended shall be
49	83		16 reinstated on that date.
50	84		17 (d) The changes made in this Section by this amendatory
51	85		18 Act of 1993 shall apply to judges no longer in service on its
52	86		19 effective date, as well as to judges serving on or after that
53	87		20 date.
54	88		21 (e) A participant receiving a retirement annuity under
55	89		22 this Article who serves as a part-time employee in any of the
56	90		23 following positions: Legislative Inspector General, Special
57	91		24 Legislative Inspector General, employee of the Office of the
58	92		25 Legislative Inspector General, Executive Director of the
59	93		26 Legislative Ethics Commission, or staff of the Legislative
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70	104		1 Ethics Commission, or as a full-time member of the Prisoner
71	105		2 Review Board, but has not elected to participate in the
72	106		3 Article 14 System with respect to that service, shall not be
73	107		4 deemed to be regularly employed for compensation by an
74	108		5 employer other than a county, nor to have resumed service as a
75	109		6 judge, on the basis of that service, and the retirement
76	110		7 annuity payments and other benefits of that person under this
77	111		8 Code shall not be suspended, diminished, or otherwise impaired
78	112		9 solely as a consequence of that service. This subsection (e)
79	113		10 applies without regard to whether the person is in service as a
80	114		11 judge under this Article on or after the effective date of this
81	115		12 amendatory Act of the 93rd General Assembly. In this
82	116		13 subsection, a "part-time employee" is a person who is not
83	117		14 required to work at least 35 hours per week.
84	118		15 (f) A participant receiving a retirement annuity under
85	119		16 this Article who has made an election under Section 1-123 and
86	120		17 who is serving either as legal counsel in the Office of the
87	121		18 Governor or as Chief Deputy Attorney General shall not be
88	122		19 deemed to be regularly employed for compensation by an
89	123		20 employer other than a county, nor to have resumed service as a
90	124		21 judge, on the basis of that service, and the retirement
91	125		22 annuity payments and other benefits of that person under this
92	126		23 Code shall not be suspended, diminished, or otherwise impaired
93	127		24 solely as a consequence of that service. This subsection (f)
94	128		25 applies without regard to whether the person is in service as a
95	129		26 judge under this Article on or after the effective date of this
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106	140		1 amendatory Act of the 93rd General Assembly.
107	141		2 (g) Notwithstanding any other provision of this Article,
108	142		3 if a person who first becomes a participant under this System
109	143		4 on or after January 1, 2011 (the effective date of this
110	144		5 amendatory Act of the 96th General Assembly) is receiving a
111	145		6 retirement annuity under this Article and becomes a member or
112	146		7 participant under this Article or any other Article of this
113	147		8 Code and is employed on a full-time basis, then the person's
114	148		9 retirement annuity under this System shall be suspended during
115	149		10 that employment. Upon termination of that employment, the
116	150		11 person's retirement annuity shall resume and, if appropriate,
117	151		12 be recalculated under the applicable provisions of this
118	152		13 Article.
119	153		14 (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
120	154		15 Section 5. The Rights of Crime Victims and Witnesses Act
121		-	16 is amended by changing Sections 4.5~~, 5,~~ and 8.5 as follows:
	155	+	16 is amended by changing Sections 4.5 and 5 as follows:
122	156		17 (725 ILCS 120/4.5)
123	157		18 Sec. 4.5. Procedures to implement the rights of crime
124	158		19 victims. To afford crime victims their rights, law
125	159		20 enforcement, prosecutors, judges, and corrections will provide
126	160		21 information, as appropriate, of the following procedures:
127	161		22 (a) At the request of the crime victim, law enforcement
128	162		23 authorities investigating the case shall provide notice of the
129	163		24 status of the investigation, except where the State's Attorney
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140	174		1 determines that disclosure of such information would
141	175		2 unreasonably interfere with the investigation, until such time
142	176		3 as the alleged assailant is apprehended or the investigation
143	177		4 is closed.
144	178		5 (a-5) When law enforcement authorities reopen a closed
145	179		6 case to resume investigating, they shall provide notice of the
146	180		7 reopening of the case, except where the State's Attorney
147	181		8 determines that disclosure of such information would
148	182		9 unreasonably interfere with the investigation.
149	183		10 (a-6) The Prisoner Review Board shall publish on its
150	184		11 official public website and provide to registered victims
151	185		12 information regarding how to submit a victim impact statement.
152	186		13 The Prisoner Review Board shall consider victim impact
153	187		14 statements from any registered victims. Any registered victim,
154		-	15 including a person who has had a final, plenary,
155		-	16 non-emergency, or emergency protective order granted against
156		-	17 the petitioner or parole candidate under Article 112A of the
157		-	18 Code of Criminal Procedure of 1963, the Illinois Domestic
158		-	19 Violence Act of 1986, the Stalking No Contact Order Act, or the
159		-	20 Civil No Contact Order Act, may present victim statements that
160		-	21 the Prisoner Review Board shall consider in its deliberations.
161		-	22 (b) The office of the State's Attorney:
162		-	23 (1) shall provide notice of the filing of an
163		-	24 information, the return of an indictment, or the filing of
164		-	25 a petition to adjudicate a minor as a delinquent for a
165		-	26 violent crime;
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176		-	1 (2) shall provide timely notice of the date, time, and
177		-	2 place of court proceedings; of any change in the date,
178		-	3 time, and place of court proceedings; and of any
179		-	4 cancellation of court proceedings. Notice shall be
180		-	5 provided in sufficient time, wherever possible, for the
181		-	6 victim to make arrangements to attend or to prevent an
182		-	7 unnecessary appearance at court proceedings;
183		-	8 (3) or victim advocate personnel shall provide
184		-	9 information of social services and financial assistance
185		-	10 available for victims of crime, including information of
186		-	11 how to apply for these services and assistance;
187		-	12 (3.5) or victim advocate personnel shall provide
188		-	13 information about available victim services, including
189		-	14 referrals to programs, counselors, and agencies that
190		-	15 assist a victim to deal with trauma, loss, and grief;
191		-	16 (4) shall assist in having any stolen or other
192		-	17 personal property held by law enforcement authorities for
193		-	18 evidentiary or other purposes returned as expeditiously as
194		-	19 possible, pursuant to the procedures set out in Section
195		-	20 115-9 of the Code of Criminal Procedure of 1963;
196		-	21 (5) or victim advocate personnel shall provide
197		-	22 appropriate employer intercession services to ensure that
198		-	23 employers of victims will cooperate with the criminal
199		-	24 justice system in order to minimize an employee's loss of
200		-	25 pay and other benefits resulting from court appearances;
201		-	26 (6) shall provide, whenever possible, a secure waiting
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212		-	1 area during court proceedings that does not require
213		-	2 victims to be in close proximity to defendants or
214		-	3 juveniles accused of a violent crime, and their families
215		-	4 and friends;
216		-	5 (7) shall provide notice to the crime victim of the
217		-	6 right to have a translator present at all court
218		-	7 proceedings and, in compliance with the federal Americans
219		-	8 with Disabilities Act of 1990, the right to communications
220		-	9 access through a sign language interpreter or by other
221		-	10 means;
222		-	11 (8) (blank);
223		-	12 (8.5) shall inform the victim of the right to be
224		-	13 present at all court proceedings, unless the victim is to
225		-	14 testify and the court determines that the victim's
226		-	15 testimony would be materially affected if the victim hears
227		-	16 other testimony at trial;
228		-	17 (9) shall inform the victim of the right to have
229		-	18 present at all court proceedings, subject to the rules of
230		-	19 evidence and confidentiality, an advocate and other
231		-	20 support person of the victim's choice;
232		-	21 (9.3) shall inform the victim of the right to retain
233		-	22 an attorney, at the victim's own expense, who, upon
234		-	23 written notice filed with the clerk of the court and
235		-	24 State's Attorney, is to receive copies of all notices,
236		-	25 motions, and court orders filed thereafter in the case, in
237		-	26 the same manner as if the victim were a named party in the
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248		-	1 case;
249		-	2 (9.5) shall inform the victim of (A) the victim's
250		-	3 right under Section 6 of this Act to make a statement at
251		-	4 the sentencing hearing; (B) the right of the victim's
252		-	5 spouse, guardian, parent, grandparent, and other immediate
253		-	6 family and household members under Section 6 of this Act
254		-	7 to present a statement at sentencing; and (C) if a
255		-	8 presentence report is to be prepared, the right of the
256		-	9 victim's spouse, guardian, parent, grandparent, and other
257		-	10 immediate family and household members to submit
258		-	11 information to the preparer of the presentence report
259		-	12 about the effect the offense has had on the victim and the
260		-	13 person;
261		-	14 (10) at the sentencing shall make a good faith attempt
262		-	15 to explain the minimum amount of time during which the
263		-	16 defendant may actually be physically imprisoned. The
264		-	17 Office of the State's Attorney shall further notify the
265		-	18 crime victim of the right to request from the Prisoner
266		-	19 Review Board or Department of Juvenile Justice information
267		-	20 concerning the release of the defendant;
268		-	21 (11) shall request restitution at sentencing and as
269		-	22 part of a plea agreement if the victim requests
270		-	23 restitution;
271		-	24 (12) shall, upon the court entering a verdict of not
272		-	25 guilty by reason of insanity, inform the victim of the
273		-	26 notification services available from the Department of
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284		-	1 Human Services, including the statewide telephone number,
285		-	2 under subparagraph (d)(2) of this Section;
286		-	3 (13) shall provide notice within a reasonable time
287		-	4 after receipt of notice from the custodian, of the release
288		-	5 of the defendant on pretrial release or personal
289		-	6 recognizance or the release from detention of a minor who
290		-	7 has been detained;
291		-	8 (14) shall explain in nontechnical language the
292		-	9 details of any plea or verdict of a defendant, or any
293		-	10 adjudication of a juvenile as a delinquent;
294		-	11 (15) shall make all reasonable efforts to consult with
295		-	12 the crime victim before the Office of the State's Attorney
296		-	13 makes an offer of a plea bargain to the defendant or enters
297		-	14 into negotiations with the defendant concerning a possible
298		-	15 plea agreement, and shall consider the written statement,
299		-	16 if prepared prior to entering into a plea agreement. The
300		-	17 right to consult with the prosecutor does not include the
301		-	18 right to veto a plea agreement or to insist the case go to
302		-	19 trial. If the State's Attorney has not consulted with the
303		-	20 victim prior to making an offer or entering into plea
304		-	21 negotiations with the defendant, the Office of the State's
305		-	22 Attorney shall notify the victim of the offer or the
306		-	23 negotiations within 2 business days and confer with the
307		-	24 victim;
308		-	25 (16) shall provide notice of the ultimate disposition
309		-	26 of the cases arising from an indictment or an information,
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320		-	1 or a petition to have a juvenile adjudicated as a
321		-	2 delinquent for a violent crime;
322		-	3 (17) shall provide notice of any appeal taken by the
323		-	4 defendant and information on how to contact the
324		-	5 appropriate agency handling the appeal, and how to request
325		-	6 notice of any hearing, oral argument, or decision of an
326		-	7 appellate court;
327		-	8 (18) shall provide timely notice of any request for
328		-	9 post-conviction review filed by the defendant under
329		-	10 Article 122 of the Code of Criminal Procedure of 1963, and
330		-	11 of the date, time and place of any hearing concerning the
331		-	12 petition. Whenever possible, notice of the hearing shall
332		-	13 be given within 48 hours of the court's scheduling of the
333		-	14 hearing;
334		-	15 (19) shall forward a copy of any statement presented
335		-	16 under Section 6 to the Prisoner Review Board or Department
336		-	17 of Juvenile Justice to be considered in making a
337		-	18 determination under Section 3-2.5-85 or subsection (b) of
338		-	19 Section 3-3-8 of the Unified Code of Corrections;
339		-	20 (20) shall, within a reasonable time, offer to meet
340		-	21 with the crime victim regarding the decision of the
341		-	22 State's Attorney not to charge an offense, and shall meet
342		-	23 with the victim, if the victim agrees. The victim has a
343		-	24 right to have an attorney, advocate, and other support
344		-	25 person of the victim's choice attend this meeting with the
345		-	26 victim; and
346		-
347		-
348		-
349		-
350		-
351		-	SB0019 Engrossed - 10 - LRB104 08032 JDS 18078 b
352		-
353		-
354		-	SB0019 Engrossed- 11 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 11 - LRB104 08032 JDS 18078 b
355		-	SB0019 Engrossed - 11 - LRB104 08032 JDS 18078 b
356		-	1 (21) shall give the crime victim timely notice of any
357		-	2 decision not to pursue charges and consider the safety of
358		-	3 the victim when deciding how to give such notice.
359		-	4 (c) The court shall ensure that the rights of the victim
360		-	5 are afforded.
361		-	6 (c-5) The following procedures shall be followed to afford
362		-	7 victims the rights guaranteed by Article I, Section 8.1 of the
363		-	8 Illinois Constitution:
364		-	9 (1) Written notice. A victim may complete a written
365		-	10 notice of intent to assert rights on a form prepared by the
366		-	11 Office of the Attorney General and provided to the victim
367		-	12 by the State's Attorney. The victim may at any time
368		-	13 provide a revised written notice to the State's Attorney.
369		-	14 The State's Attorney shall file the written notice with
370		-	15 the court. At the beginning of any court proceeding in
371		-	16 which the right of a victim may be at issue, the court and
372		-	17 prosecutor shall review the written notice to determine
373		-	18 whether the victim has asserted the right that may be at
374		-	19 issue.
375		-	20 (2) Victim's retained attorney. A victim's attorney
376		-	21 shall file an entry of appearance limited to assertion of
377		-	22 the victim's rights. Upon the filing of the entry of
378		-	23 appearance and service on the State's Attorney and the
379		-	24 defendant, the attorney is to receive copies of all
380		-	25 notices, motions and court orders filed thereafter in the
381		-	26 case.
382		-
383		-
384		-
385		-
386		-
387		-	SB0019 Engrossed - 11 - LRB104 08032 JDS 18078 b
388		-
389		-
390		-	SB0019 Engrossed- 12 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 12 - LRB104 08032 JDS 18078 b
391		-	SB0019 Engrossed - 12 - LRB104 08032 JDS 18078 b
392		-	1 (3) Standing. The victim has standing to assert the
393		-	2 rights enumerated in subsection (a) of Article I, Section
394		-	3 8.1 of the Illinois Constitution and the statutory rights
395		-	4 under Section 4 of this Act in any court exercising
396		-	5 jurisdiction over the criminal case. The prosecuting
397		-	6 attorney, a victim, or the victim's retained attorney may
398		-	7 assert the victim's rights. The defendant in the criminal
399		-	8 case has no standing to assert a right of the victim in any
400		-	9 court proceeding, including on appeal.
401		-	10 (4) Assertion of and enforcement of rights.
402		-	11 (A) The prosecuting attorney shall assert a
403		-	12 victim's right or request enforcement of a right by
404		-	13 filing a motion or by orally asserting the right or
405		-	14 requesting enforcement in open court in the criminal
406		-	15 case outside the presence of the jury. The prosecuting
407		-	16 attorney shall consult with the victim and the
408		-	17 victim's attorney regarding the assertion or
409		-	18 enforcement of a right. If the prosecuting attorney
410		-	19 decides not to assert or enforce a victim's right, the
411		-	20 prosecuting attorney shall notify the victim or the
412		-	21 victim's attorney in sufficient time to allow the
413		-	22 victim or the victim's attorney to assert the right or
414		-	23 to seek enforcement of a right.
415		-	24 (B) If the prosecuting attorney elects not to
416		-	25 assert a victim's right or to seek enforcement of a
417		-	26 right, the victim or the victim's attorney may assert
418		-
419		-
420		-
421		-
422		-
423		-	SB0019 Engrossed - 12 - LRB104 08032 JDS 18078 b
424		-
425		-
426		-	SB0019 Engrossed- 13 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 13 - LRB104 08032 JDS 18078 b
427		-	SB0019 Engrossed - 13 - LRB104 08032 JDS 18078 b
428		-	1 the victim's right or request enforcement of a right
429		-	2 by filing a motion or by orally asserting the right or
430		-	3 requesting enforcement in open court in the criminal
431		-	4 case outside the presence of the jury.
432		-	5 (C) If the prosecuting attorney asserts a victim's
433		-	6 right or seeks enforcement of a right, unless the
434		-	7 prosecuting attorney objects or the trial court does
435		-	8 not allow it, the victim or the victim's attorney may
436		-	9 be heard regarding the prosecuting attorney's motion
437		-	10 or may file a simultaneous motion to assert or request
438		-	11 enforcement of the victim's right. If the victim or
439		-	12 the victim's attorney was not allowed to be heard at
440		-	13 the hearing regarding the prosecuting attorney's
441		-	14 motion, and the court denies the prosecuting
442		-	15 attorney's assertion of the right or denies the
443		-	16 request for enforcement of a right, the victim or
444		-	17 victim's attorney may file a motion to assert the
445		-	18 victim's right or to request enforcement of the right
446		-	19 within 10 days of the court's ruling. The motion need
447		-	20 not demonstrate the grounds for a motion for
448		-	21 reconsideration. The court shall rule on the merits of
449		-	22 the motion.
450		-	23 (D) The court shall take up and decide any motion
451		-	24 or request asserting or seeking enforcement of a
452		-	25 victim's right without delay, unless a specific time
453		-	26 period is specified by law or court rule. The reasons
454		-
455		-
456		-
457		-
458		-
459		-	SB0019 Engrossed - 13 - LRB104 08032 JDS 18078 b
460		-
461		-
462		-	SB0019 Engrossed- 14 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 14 - LRB104 08032 JDS 18078 b
463		-	SB0019 Engrossed - 14 - LRB104 08032 JDS 18078 b
464		-	1 for any decision denying the motion or request shall
465		-	2 be clearly stated on the record.
466		-	3 (E) No later than January 1, 2023, the Office of
467		-	4 the Attorney General shall:
468		-	5 (i) designate an administrative authority
469		-	6 within the Office of the Attorney General to
470		-	7 receive and investigate complaints relating to the
471		-	8 provision or violation of the rights of a crime
472		-	9 victim as described in Article I, Section 8.1 of
473		-	10 the Illinois Constitution and in this Act;
474		-	11 (ii) create and administer a course of
475		-	12 training for employees and offices of the State of
476		-	13 Illinois that fail to comply with provisions of
477		-	14 Illinois law pertaining to the treatment of crime
478		-	15 victims as described in Article I, Section 8.1 of
479		-	16 the Illinois Constitution and in this Act as
480		-	17 required by the court under Section 5 of this Act;
	188	+	15 including a person who has had a final, plenary, or
	189	+	16 non-emergency order of protection granted under Article 112A
	190	+	17 of the Code of Criminal Procedure of 1963 or under the Illinois
	191	+	18 Domestic Violence Act of 1986, may present victim statements
	192	+	19 that the Prisoner Review Board shall consider in its
	193	+	20 deliberations.
	194	+	21 (b) The office of the State's Attorney:
	195	+	22 (1) shall provide notice of the filing of an
	196	+	23 information, the return of an indictment, or the filing of
	197	+	24 a petition to adjudicate a minor as a delinquent for a
	198	+	25 violent crime;
	199	+	26 (2) shall provide timely notice of the date, time, and
	200	+
	201	+
	202	+
	203	+
	204	+
	205	+	SB0019 - 5 - LRB104 08032 JDS 18078 b
	206	+
	207	+
	208	+	SB0019- 6 -LRB104 08032 JDS 18078 b SB0019 - 6 - LRB104 08032 JDS 18078 b
	209	+	SB0019 - 6 - LRB104 08032 JDS 18078 b
	210	+	1 place of court proceedings; of any change in the date,
	211	+	2 time, and place of court proceedings; and of any
	212	+	3 cancellation of court proceedings. Notice shall be
	213	+	4 provided in sufficient time, wherever possible, for the
	214	+	5 victim to make arrangements to attend or to prevent an
	215	+	6 unnecessary appearance at court proceedings;
	216	+	7 (3) or victim advocate personnel shall provide
	217	+	8 information of social services and financial assistance
	218	+	9 available for victims of crime, including information of
	219	+	10 how to apply for these services and assistance;
	220	+	11 (3.5) or victim advocate personnel shall provide
	221	+	12 information about available victim services, including
	222	+	13 referrals to programs, counselors, and agencies that
	223	+	14 assist a victim to deal with trauma, loss, and grief;
	224	+	15 (4) shall assist in having any stolen or other
	225	+	16 personal property held by law enforcement authorities for
	226	+	17 evidentiary or other purposes returned as expeditiously as
	227	+	18 possible, pursuant to the procedures set out in Section
	228	+	19 115-9 of the Code of Criminal Procedure of 1963;
	229	+	20 (5) or victim advocate personnel shall provide
	230	+	21 appropriate employer intercession services to ensure that
	231	+	22 employers of victims will cooperate with the criminal
	232	+	23 justice system in order to minimize an employee's loss of
	233	+	24 pay and other benefits resulting from court appearances;
	234	+	25 (6) shall provide, whenever possible, a secure waiting
	235	+	26 area during court proceedings that does not require
	236	+
	237	+
	238	+
	239	+
	240	+
	241	+	SB0019 - 6 - LRB104 08032 JDS 18078 b
	242	+
	243	+
	244	+	SB0019- 7 -LRB104 08032 JDS 18078 b SB0019 - 7 - LRB104 08032 JDS 18078 b
	245	+	SB0019 - 7 - LRB104 08032 JDS 18078 b
	246	+	1 victims to be in close proximity to defendants or
	247	+	2 juveniles accused of a violent crime, and their families
	248	+	3 and friends;
	249	+	4 (7) shall provide notice to the crime victim of the
	250	+	5 right to have a translator present at all court
	251	+	6 proceedings and, in compliance with the federal Americans
	252	+	7 with Disabilities Act of 1990, the right to communications
	253	+	8 access through a sign language interpreter or by other
	254	+	9 means;
	255	+	10 (8) (blank);
	256	+	11 (8.5) shall inform the victim of the right to be
	257	+	12 present at all court proceedings, unless the victim is to
	258	+	13 testify and the court determines that the victim's
	259	+	14 testimony would be materially affected if the victim hears
	260	+	15 other testimony at trial;
	261	+	16 (9) shall inform the victim of the right to have
	262	+	17 present at all court proceedings, subject to the rules of
	263	+	18 evidence and confidentiality, an advocate and other
	264	+	19 support person of the victim's choice;
	265	+	20 (9.3) shall inform the victim of the right to retain
	266	+	21 an attorney, at the victim's own expense, who, upon
	267	+	22 written notice filed with the clerk of the court and
	268	+	23 State's Attorney, is to receive copies of all notices,
	269	+	24 motions, and court orders filed thereafter in the case, in
	270	+	25 the same manner as if the victim were a named party in the
	271	+	26 case;
	272	+
	273	+
	274	+
	275	+
	276	+
	277	+	SB0019 - 7 - LRB104 08032 JDS 18078 b
	278	+
	279	+
	280	+	SB0019- 8 -LRB104 08032 JDS 18078 b SB0019 - 8 - LRB104 08032 JDS 18078 b
	281	+	SB0019 - 8 - LRB104 08032 JDS 18078 b
	282	+	1 (9.5) shall inform the victim of (A) the victim's
	283	+	2 right under Section 6 of this Act to make a statement at
	284	+	3 the sentencing hearing; (B) the right of the victim's
	285	+	4 spouse, guardian, parent, grandparent, and other immediate
	286	+	5 family and household members under Section 6 of this Act
	287	+	6 to present a statement at sentencing; and (C) if a
	288	+	7 presentence report is to be prepared, the right of the
	289	+	8 victim's spouse, guardian, parent, grandparent, and other
	290	+	9 immediate family and household members to submit
	291	+	10 information to the preparer of the presentence report
	292	+	11 about the effect the offense has had on the victim and the
	293	+	12 person;
	294	+	13 (10) at the sentencing shall make a good faith attempt
	295	+	14 to explain the minimum amount of time during which the
	296	+	15 defendant may actually be physically imprisoned. The
	297	+	16 Office of the State's Attorney shall further notify the
	298	+	17 crime victim of the right to request from the Prisoner
	299	+	18 Review Board or Department of Juvenile Justice information
	300	+	19 concerning the release of the defendant;
	301	+	20 (11) shall request restitution at sentencing and as
	302	+	21 part of a plea agreement if the victim requests
	303	+	22 restitution;
	304	+	23 (12) shall, upon the court entering a verdict of not
	305	+	24 guilty by reason of insanity, inform the victim of the
	306	+	25 notification services available from the Department of
	307	+	26 Human Services, including the statewide telephone number,
	308	+
	309	+
	310	+
	311	+
	312	+
	313	+	SB0019 - 8 - LRB104 08032 JDS 18078 b
	314	+
	315	+
	316	+	SB0019- 9 -LRB104 08032 JDS 18078 b SB0019 - 9 - LRB104 08032 JDS 18078 b
	317	+	SB0019 - 9 - LRB104 08032 JDS 18078 b
	318	+	1 under subparagraph (d)(2) of this Section;
	319	+	2 (13) shall provide notice within a reasonable time
	320	+	3 after receipt of notice from the custodian, of the release
	321	+	4 of the defendant on pretrial release or personal
	322	+	5 recognizance or the release from detention of a minor who
	323	+	6 has been detained;
	324	+	7 (14) shall explain in nontechnical language the
	325	+	8 details of any plea or verdict of a defendant, or any
	326	+	9 adjudication of a juvenile as a delinquent;
	327	+	10 (15) shall make all reasonable efforts to consult with
	328	+	11 the crime victim before the Office of the State's Attorney
	329	+	12 makes an offer of a plea bargain to the defendant or enters
	330	+	13 into negotiations with the defendant concerning a possible
	331	+	14 plea agreement, and shall consider the written statement,
	332	+	15 if prepared prior to entering into a plea agreement. The
	333	+	16 right to consult with the prosecutor does not include the
	334	+	17 right to veto a plea agreement or to insist the case go to
	335	+	18 trial. If the State's Attorney has not consulted with the
	336	+	19 victim prior to making an offer or entering into plea
	337	+	20 negotiations with the defendant, the Office of the State's
	338	+	21 Attorney shall notify the victim of the offer or the
	339	+	22 negotiations within 2 business days and confer with the
	340	+	23 victim;
	341	+	24 (16) shall provide notice of the ultimate disposition
	342	+	25 of the cases arising from an indictment or an information,
	343	+	26 or a petition to have a juvenile adjudicated as a
	344	+
	345	+
	346	+
	347	+
	348	+
	349	+	SB0019 - 9 - LRB104 08032 JDS 18078 b
	350	+
	351	+
	352	+	SB0019- 10 -LRB104 08032 JDS 18078 b SB0019 - 10 - LRB104 08032 JDS 18078 b
	353	+	SB0019 - 10 - LRB104 08032 JDS 18078 b
	354	+	1 delinquent for a violent crime;
	355	+	2 (17) shall provide notice of any appeal taken by the
	356	+	3 defendant and information on how to contact the
	357	+	4 appropriate agency handling the appeal, and how to request
	358	+	5 notice of any hearing, oral argument, or decision of an
	359	+	6 appellate court;
	360	+	7 (18) shall provide timely notice of any request for
	361	+	8 post-conviction review filed by the defendant under
	362	+	9 Article 122 of the Code of Criminal Procedure of 1963, and
	363	+	10 of the date, time and place of any hearing concerning the
	364	+	11 petition. Whenever possible, notice of the hearing shall
	365	+	12 be given within 48 hours of the court's scheduling of the
	366	+	13 hearing;
	367	+	14 (19) shall forward a copy of any statement presented
	368	+	15 under Section 6 to the Prisoner Review Board or Department
	369	+	16 of Juvenile Justice to be considered in making a
	370	+	17 determination under Section 3-2.5-85 or subsection (b) of
	371	+	18 Section 3-3-8 of the Unified Code of Corrections;
	372	+	19 (20) shall, within a reasonable time, offer to meet
	373	+	20 with the crime victim regarding the decision of the
	374	+	21 State's Attorney not to charge an offense, and shall meet
	375	+	22 with the victim, if the victim agrees. The victim has a
	376	+	23 right to have an attorney, advocate, and other support
	377	+	24 person of the victim's choice attend this meeting with the
	378	+	25 victim; and
	379	+	26 (21) shall give the crime victim timely notice of any
	380	+
	381	+
	382	+
	383	+
	384	+
	385	+	SB0019 - 10 - LRB104 08032 JDS 18078 b
	386	+
	387	+
	388	+	SB0019- 11 -LRB104 08032 JDS 18078 b SB0019 - 11 - LRB104 08032 JDS 18078 b
	389	+	SB0019 - 11 - LRB104 08032 JDS 18078 b
	390	+	1 decision not to pursue charges and consider the safety of
	391	+	2 the victim when deciding how to give such notice.
	392	+	3 (c) The court shall ensure that the rights of the victim
	393	+	4 are afforded.
	394	+	5 (c-5) The following procedures shall be followed to afford
	395	+	6 victims the rights guaranteed by Article I, Section 8.1 of the
	396	+	7 Illinois Constitution:
	397	+	8 (1) Written notice. A victim may complete a written
	398	+	9 notice of intent to assert rights on a form prepared by the
	399	+	10 Office of the Attorney General and provided to the victim
	400	+	11 by the State's Attorney. The victim may at any time
	401	+	12 provide a revised written notice to the State's Attorney.
	402	+	13 The State's Attorney shall file the written notice with
	403	+	14 the court. At the beginning of any court proceeding in
	404	+	15 which the right of a victim may be at issue, the court and
	405	+	16 prosecutor shall review the written notice to determine
	406	+	17 whether the victim has asserted the right that may be at
	407	+	18 issue.
	408	+	19 (2) Victim's retained attorney. A victim's attorney
	409	+	20 shall file an entry of appearance limited to assertion of
	410	+	21 the victim's rights. Upon the filing of the entry of
	411	+	22 appearance and service on the State's Attorney and the
	412	+	23 defendant, the attorney is to receive copies of all
	413	+	24 notices, motions and court orders filed thereafter in the
	414	+	25 case.
	415	+	26 (3) Standing. The victim has standing to assert the
	416	+
	417	+
	418	+
	419	+
	420	+
	421	+	SB0019 - 11 - LRB104 08032 JDS 18078 b
	422	+
	423	+
	424	+	SB0019- 12 -LRB104 08032 JDS 18078 b SB0019 - 12 - LRB104 08032 JDS 18078 b
	425	+	SB0019 - 12 - LRB104 08032 JDS 18078 b
	426	+	1 rights enumerated in subsection (a) of Article I, Section
	427	+	2 8.1 of the Illinois Constitution and the statutory rights
	428	+	3 under Section 4 of this Act in any court exercising
	429	+	4 jurisdiction over the criminal case. The prosecuting
	430	+	5 attorney, a victim, or the victim's retained attorney may
	431	+	6 assert the victim's rights. The defendant in the criminal
	432	+	7 case has no standing to assert a right of the victim in any
	433	+	8 court proceeding, including on appeal.
	434	+	9 (4) Assertion of and enforcement of rights.
	435	+	10 (A) The prosecuting attorney shall assert a
	436	+	11 victim's right or request enforcement of a right by
	437	+	12 filing a motion or by orally asserting the right or
	438	+	13 requesting enforcement in open court in the criminal
	439	+	14 case outside the presence of the jury. The prosecuting
	440	+	15 attorney shall consult with the victim and the
	441	+	16 victim's attorney regarding the assertion or
	442	+	17 enforcement of a right. If the prosecuting attorney
	443	+	18 decides not to assert or enforce a victim's right, the
	444	+	19 prosecuting attorney shall notify the victim or the
	445	+	20 victim's attorney in sufficient time to allow the
	446	+	21 victim or the victim's attorney to assert the right or
	447	+	22 to seek enforcement of a right.
	448	+	23 (B) If the prosecuting attorney elects not to
	449	+	24 assert a victim's right or to seek enforcement of a
	450	+	25 right, the victim or the victim's attorney may assert
	451	+	26 the victim's right or request enforcement of a right
	452	+
	453	+
	454	+
	455	+
	456	+
	457	+	SB0019 - 12 - LRB104 08032 JDS 18078 b
	458	+
	459	+
	460	+	SB0019- 13 -LRB104 08032 JDS 18078 b SB0019 - 13 - LRB104 08032 JDS 18078 b
	461	+	SB0019 - 13 - LRB104 08032 JDS 18078 b
	462	+	1 by filing a motion or by orally asserting the right or
	463	+	2 requesting enforcement in open court in the criminal
	464	+	3 case outside the presence of the jury.
	465	+	4 (C) If the prosecuting attorney asserts a victim's
	466	+	5 right or seeks enforcement of a right, unless the
	467	+	6 prosecuting attorney objects or the trial court does
	468	+	7 not allow it, the victim or the victim's attorney may
	469	+	8 be heard regarding the prosecuting attorney's motion
	470	+	9 or may file a simultaneous motion to assert or request
	471	+	10 enforcement of the victim's right. If the victim or
	472	+	11 the victim's attorney was not allowed to be heard at
	473	+	12 the hearing regarding the prosecuting attorney's
	474	+	13 motion, and the court denies the prosecuting
	475	+	14 attorney's assertion of the right or denies the
	476	+	15 request for enforcement of a right, the victim or
	477	+	16 victim's attorney may file a motion to assert the
	478	+	17 victim's right or to request enforcement of the right
	479	+	18 within 10 days of the court's ruling. The motion need
	480	+	19 not demonstrate the grounds for a motion for
	481	+	20 reconsideration. The court shall rule on the merits of
	482	+	21 the motion.
	483	+	22 (D) The court shall take up and decide any motion
	484	+	23 or request asserting or seeking enforcement of a
	485	+	24 victim's right without delay, unless a specific time
	486	+	25 period is specified by law or court rule. The reasons
	487	+	26 for any decision denying the motion or request shall
	488	+
	489	+
	490	+
	491	+
	492	+
	493	+	SB0019 - 13 - LRB104 08032 JDS 18078 b
	494	+
	495	+
	496	+	SB0019- 14 -LRB104 08032 JDS 18078 b SB0019 - 14 - LRB104 08032 JDS 18078 b
	497	+	SB0019 - 14 - LRB104 08032 JDS 18078 b
	498	+	1 be clearly stated on the record.
	499	+	2 (E) No later than January 1, 2023, the Office of
	500	+	3 the Attorney General shall:
	501	+	4 (i) designate an administrative authority
	502	+	5 within the Office of the Attorney General to
	503	+	6 receive and investigate complaints relating to the
	504	+	7 provision or violation of the rights of a crime
	505	+	8 victim as described in Article I, Section 8.1 of
	506	+	9 the Illinois Constitution and in this Act;
	507	+	10 (ii) create and administer a course of
	508	+	11 training for employees and offices of the State of
	509	+	12 Illinois that fail to comply with provisions of
	510	+	13 Illinois law pertaining to the treatment of crime
	511	+	14 victims as described in Article I, Section 8.1 of
	512	+	15 the Illinois Constitution and in this Act as
	513	+	16 required by the court under Section 5 of this Act;
	514	+	17 and
	515	+	18 (iii) have the authority to make
	516	+	19 recommendations to employees and offices of the
	517	+	20 State of Illinois to respond more effectively to
	518	+	21 the needs of crime victims, including regarding
	519	+	22 the violation of the rights of a crime victim.
	520	+	23 (F) Crime victims' rights may also be asserted by
	521	+	24 filing a complaint for mandamus, injunctive, or
	522	+	25 declaratory relief in the jurisdiction in which the
	523	+	26 victim's right is being violated or where the crime is
	524	+
	525	+
	526	+
	527	+
	528	+
	529	+	SB0019 - 14 - LRB104 08032 JDS 18078 b
	530	+
	531	+
	532	+	SB0019- 15 -LRB104 08032 JDS 18078 b SB0019 - 15 - LRB104 08032 JDS 18078 b
	533	+	SB0019 - 15 - LRB104 08032 JDS 18078 b
	534	+	1 being prosecuted. For complaints or motions filed by
	535	+	2 or on behalf of the victim, the clerk of court shall
	536	+	3 waive filing fees that would otherwise be owed by the
	537	+	4 victim for any court filing with the purpose of
	538	+	5 enforcing crime victims' rights. If the court denies
	539	+	6 the relief sought by the victim, the reasons for the
	540	+	7 denial shall be clearly stated on the record in the
	541	+	8 transcript of the proceedings, in a written opinion,
	542	+	9 or in the docket entry, and the victim may appeal the
	543	+	10 circuit court's decision to the appellate court. The
	544	+	11 court shall issue prompt rulings regarding victims'
	545	+	12 rights. Proceedings seeking to enforce victims' rights
	546	+	13 shall not be stayed or subject to unreasonable delay
	547	+	14 via continuances.
	548	+	15 (5) Violation of rights and remedies.
	549	+	16 (A) If the court determines that a victim's right
	550	+	17 has been violated, the court shall determine the
	551	+	18 appropriate remedy for the violation of the victim's
	552	+	19 right by hearing from the victim and the parties,
	553	+	20 considering all factors relevant to the issue, and
	554	+	21 then awarding appropriate relief to the victim.
	555	+	22 (A-5) Consideration of an issue of a substantive
	556	+	23 nature or an issue that implicates the constitutional
	557	+	24 or statutory right of a victim at a court proceeding
	558	+	25 labeled as a status hearing shall constitute a per se
	559	+	26 violation of a victim's right.
	560	+
	561	+
	562	+
	563	+
	564	+
	565	+	SB0019 - 15 - LRB104 08032 JDS 18078 b
	566	+
	567	+
	568	+	SB0019- 16 -LRB104 08032 JDS 18078 b SB0019 - 16 - LRB104 08032 JDS 18078 b
	569	+	SB0019 - 16 - LRB104 08032 JDS 18078 b
	570	+	1 (B) The appropriate remedy shall include only
	571	+	2 actions necessary to provide the victim the right to
	572	+	3 which the victim was entitled. Remedies may include,
	573	+	4 but are not limited to: injunctive relief requiring
	574	+	5 the victim's right to be afforded; declaratory
	575	+	6 judgment recognizing or clarifying the victim's
	576	+	7 rights; a writ of mandamus; and may include reopening
	577	+	8 previously held proceedings; however, in no event
	578	+	9 shall the court vacate a conviction. Any remedy shall
	579	+	10 be tailored to provide the victim an appropriate
	580	+	11 remedy without violating any constitutional right of
	581	+	12 the defendant. In no event shall the appropriate
	582	+	13 remedy to the victim be a new trial or damages.
	583	+	14 The court shall impose a mandatory training course
	584	+	15 provided by the Attorney General for the employee under
	585	+	16 item (ii) of subparagraph (E) of paragraph (4), which must
	586	+	17 be successfully completed within 6 months of the entry of
	587	+	18 the court order.
	588	+	19 This paragraph (5) takes effect January 2, 2023.
	589	+	20 (6) Right to be heard. Whenever a victim has the right
	590	+	21 to be heard, the court shall allow the victim to exercise
	591	+	22 the right in any reasonable manner the victim chooses.
	592	+	23 (7) Right to attend trial. A party must file a written
	593	+	24 motion to exclude a victim from trial at least 60 days
	594	+	25 prior to the date set for trial. The motion must state with
	595	+	26 specificity the reason exclusion is necessary to protect a
	596	+
	597	+
	598	+
	599	+
	600	+
	601	+	SB0019 - 16 - LRB104 08032 JDS 18078 b
	602	+
	603	+
	604	+	SB0019- 17 -LRB104 08032 JDS 18078 b SB0019 - 17 - LRB104 08032 JDS 18078 b
	605	+	SB0019 - 17 - LRB104 08032 JDS 18078 b
	606	+	1 constitutional right of the party, and must contain an
	607	+	2 offer of proof. The court shall rule on the motion within
	608	+	3 30 days. If the motion is granted, the court shall set
	609	+	4 forth on the record the facts that support its finding
	610	+	5 that the victim's testimony will be materially affected if
	611	+	6 the victim hears other testimony at trial.
	612	+	7 (8) Right to have advocate and support person present
	613	+	8 at court proceedings.
	614	+	9 (A) A party who intends to call an advocate as a
	615	+	10 witness at trial must seek permission of the court
	616	+	11 before the subpoena is issued. The party must file a
	617	+	12 written motion at least 90 days before trial that sets
	618	+	13 forth specifically the issues on which the advocate's
	619	+	14 testimony is sought and an offer of proof regarding
	620	+	15 (i) the content of the anticipated testimony of the
	621	+	16 advocate; and (ii) the relevance, admissibility, and
	622	+	17 materiality of the anticipated testimony. The court
	623	+	18 shall consider the motion and make findings within 30
	624	+	19 days of the filing of the motion. If the court finds by
	625	+	20 a preponderance of the evidence that: (i) the
	626	+	21 anticipated testimony is not protected by an absolute
	627	+	22 privilege; and (ii) the anticipated testimony contains
	628	+	23 relevant, admissible, and material evidence that is
	629	+	24 not available through other witnesses or evidence, the
	630	+	25 court shall issue a subpoena requiring the advocate to
	631	+	26 appear to testify at an in camera hearing. The
	632	+
	633	+
	634	+
	635	+
	636	+
	637	+	SB0019 - 17 - LRB104 08032 JDS 18078 b
	638	+
	639	+
	640	+	SB0019- 18 -LRB104 08032 JDS 18078 b SB0019 - 18 - LRB104 08032 JDS 18078 b
	641	+	SB0019 - 18 - LRB104 08032 JDS 18078 b
	642	+	1 prosecuting attorney and the victim shall have 15 days
	643	+	2 to seek appellate review before the advocate is
	644	+	3 required to testify at an ex parte in camera
	645	+	4 proceeding.
	646	+	5 The prosecuting attorney, the victim, and the
	647	+	6 advocate's attorney shall be allowed to be present at
	648	+	7 the ex parte in camera proceeding. If, after
	649	+	8 conducting the ex parte in camera hearing, the court
	650	+	9 determines that due process requires any testimony
	651	+	10 regarding confidential or privileged information or
	652	+	11 communications, the court shall provide to the
	653	+	12 prosecuting attorney, the victim, and the advocate's
	654	+	13 attorney a written memorandum on the substance of the
	655	+	14 advocate's testimony. The prosecuting attorney, the
	656	+	15 victim, and the advocate's attorney shall have 15 days
	657	+	16 to seek appellate review before a subpoena may be
	658	+	17 issued for the advocate to testify at trial. The
	659	+	18 presence of the prosecuting attorney at the ex parte
	660	+	19 in camera proceeding does not make the substance of
	661	+	20 the advocate's testimony that the court has ruled
	662	+	21 inadmissible subject to discovery.
	663	+	22 (B) If a victim has asserted the right to have a
	664	+	23 support person present at the court proceedings, the
	665	+	24 victim shall provide the name of the person the victim
	666	+	25 has chosen to be the victim's support person to the
	667	+	26 prosecuting attorney, within 60 days of trial. The
	668	+
	669	+
	670	+
	671	+
	672	+
	673	+	SB0019 - 18 - LRB104 08032 JDS 18078 b
	674	+
	675	+
	676	+	SB0019- 19 -LRB104 08032 JDS 18078 b SB0019 - 19 - LRB104 08032 JDS 18078 b
	677	+	SB0019 - 19 - LRB104 08032 JDS 18078 b
	678	+	1 prosecuting attorney shall provide the name to the
	679	+	2 defendant. If the defendant intends to call the
	680	+	3 support person as a witness at trial, the defendant
	681	+	4 must seek permission of the court before a subpoena is
	682	+	5 issued. The defendant must file a written motion at
	683	+	6 least 45 days prior to trial that sets forth
	684	+	7 specifically the issues on which the support person
	685	+	8 will testify and an offer of proof regarding: (i) the
	686	+	9 content of the anticipated testimony of the support
	687	+	10 person; and (ii) the relevance, admissibility, and
	688	+	11 materiality of the anticipated testimony.
	689	+	12 If the prosecuting attorney intends to call the
	690	+	13 support person as a witness during the State's
	691	+	14 case-in-chief, the prosecuting attorney shall inform
	692	+	15 the court of this intent in the response to the
	693	+	16 defendant's written motion. The victim may choose a
	694	+	17 different person to be the victim's support person.
	695	+	18 The court may allow the defendant to inquire about
	696	+	19 matters outside the scope of the direct examination
	697	+	20 during cross-examination. If the court allows the
	698	+	21 defendant to do so, the support person shall be
	699	+	22 allowed to remain in the courtroom after the support
	700	+	23 person has testified. A defendant who fails to
	701	+	24 question the support person about matters outside the
	702	+	25 scope of direct examination during the State's
	703	+	26 case-in-chief waives the right to challenge the
	704	+
	705	+
	706	+
	707	+
	708	+
	709	+	SB0019 - 19 - LRB104 08032 JDS 18078 b
	710	+
	711	+
	712	+	SB0019- 20 -LRB104 08032 JDS 18078 b SB0019 - 20 - LRB104 08032 JDS 18078 b
	713	+	SB0019 - 20 - LRB104 08032 JDS 18078 b
	714	+	1 presence of the support person on appeal. The court
	715	+	2 shall allow the support person to testify if called as
	716	+	3 a witness in the defendant's case-in-chief or the
	717	+	4 State's rebuttal.
	718	+	5 If the court does not allow the defendant to
	719	+	6 inquire about matters outside the scope of the direct
	720	+	7 examination, the support person shall be allowed to
	721	+	8 remain in the courtroom after the support person has
	722	+	9 been called by the defendant or the defendant has
	723	+	10 rested. The court shall allow the support person to
	724	+	11 testify in the State's rebuttal.
	725	+	12 If the prosecuting attorney does not intend to
	726	+	13 call the support person in the State's case-in-chief,
	727	+	14 the court shall verify with the support person whether
	728	+	15 the support person, if called as a witness, would
	729	+	16 testify as set forth in the offer of proof. If the
	730	+	17 court finds that the support person would testify as
	731	+	18 set forth in the offer of proof, the court shall rule
	732	+	19 on the relevance, materiality, and admissibility of
	733	+	20 the anticipated testimony. If the court rules the
	734	+	21 anticipated testimony is admissible, the court shall
	735	+	22 issue the subpoena. The support person may remain in
	736	+	23 the courtroom after the support person testifies and
	737	+	24 shall be allowed to testify in rebuttal.
	738	+	25 If the court excludes the victim's support person
	739	+	26 during the State's case-in-chief, the victim shall be
	740	+
	741	+
	742	+
	743	+
	744	+
	745	+	SB0019 - 20 - LRB104 08032 JDS 18078 b
	746	+
	747	+
	748	+	SB0019- 21 -LRB104 08032 JDS 18078 b SB0019 - 21 - LRB104 08032 JDS 18078 b
	749	+	SB0019 - 21 - LRB104 08032 JDS 18078 b
	750	+	1 allowed to choose another support person to be present
	751	+	2 in court.
	752	+	3 If the victim fails to designate a support person
	753	+	4 within 60 days of trial and the defendant has
	754	+	5 subpoenaed the support person to testify at trial, the
	755	+	6 court may exclude the support person from the trial
	756	+	7 until the support person testifies. If the court
	757	+	8 excludes the support person the victim may choose
	758	+	9 another person as a support person.
	759	+	10 (9) Right to notice and hearing before disclosure of
	760	+	11 confidential or privileged information or records.
	761	+	12 (A) A defendant who seeks to subpoena testimony or
	762	+	13 records of or concerning the victim that are
	763	+	14 confidential or privileged by law must seek permission
	764	+	15 of the court before the subpoena is issued. The
	765	+	16 defendant must file a written motion and an offer of
	766	+	17 proof regarding the relevance, admissibility and
	767	+	18 materiality of the testimony or records. If the court
	768	+	19 finds by a preponderance of the evidence that:
	769	+	20 (i) the testimony or records are not protected
	770	+	21 by an absolute privilege and
	771	+	22 (ii) the testimony or records contain
	772	+	23 relevant, admissible, and material evidence that
	773	+	24 is not available through other witnesses or
	774	+	25 evidence, the court shall issue a subpoena
	775	+	26 requiring the witness to appear in camera or a
	776	+
	777	+
	778	+
	779	+
	780	+
	781	+	SB0019 - 21 - LRB104 08032 JDS 18078 b
	782	+
	783	+
	784	+	SB0019- 22 -LRB104 08032 JDS 18078 b SB0019 - 22 - LRB104 08032 JDS 18078 b
	785	+	SB0019 - 22 - LRB104 08032 JDS 18078 b
	786	+	1 sealed copy of the records be delivered to the
	787	+	2 court to be reviewed in camera. If, after
	788	+	3 conducting an in camera review of the witness
	789	+	4 statement or records, the court determines that
	790	+	5 due process requires disclosure of any potential
	791	+	6 testimony or any portion of the records, the court
	792	+	7 shall provide copies of the records that it
	793	+	8 intends to disclose to the prosecuting attorney
	794	+	9 and the victim. The prosecuting attorney and the
	795	+	10 victim shall have 30 days to seek appellate review
	796	+	11 before the records are disclosed to the defendant,
	797	+	12 used in any court proceeding, or disclosed to
	798	+	13 anyone or in any way that would subject the
	799	+	14 testimony or records to public review. The
	800	+	15 disclosure of copies of any portion of the
	801	+	16 testimony or records to the prosecuting attorney
	802	+	17 under this Section does not make the records
	803	+	18 subject to discovery or required to be provided to
	804	+	19 the defendant.
	805	+	20 (B) A prosecuting attorney who seeks to subpoena
	806	+	21 information or records concerning the victim that are
	807	+	22 confidential or privileged by law must first request
	808	+	23 the written consent of the crime victim. If the victim
	809	+	24 does not provide such written consent, including where
	810	+	25 necessary the appropriate signed document required for
	811	+	26 waiving privilege, the prosecuting attorney must serve
	812	+
	813	+
	814	+
	815	+
	816	+
	817	+	SB0019 - 22 - LRB104 08032 JDS 18078 b
	818	+
	819	+
	820	+	SB0019- 23 -LRB104 08032 JDS 18078 b SB0019 - 23 - LRB104 08032 JDS 18078 b
	821	+	SB0019 - 23 - LRB104 08032 JDS 18078 b
	822	+	1 the subpoena at least 21 days prior to the date a
	823	+	2 response or appearance is required to allow the
	824	+	3 subject of the subpoena time to file a motion to quash
	825	+	4 or request a hearing. The prosecuting attorney must
	826	+	5 also send a written notice to the victim at least 21
	827	+	6 days prior to the response date to allow the victim to
	828	+	7 file a motion or request a hearing. The notice to the
	829	+	8 victim shall inform the victim (i) that a subpoena has
	830	+	9 been issued for confidential information or records
	831	+	10 concerning the victim, (ii) that the victim has the
	832	+	11 right to request a hearing prior to the response date
	833	+	12 of the subpoena, and (iii) how to request the hearing.
	834	+	13 The notice to the victim shall also include a copy of
	835	+	14 the subpoena. If requested, a hearing regarding the
	836	+	15 subpoena shall occur before information or records are
	837	+	16 provided to the prosecuting attorney.
	838	+	17 (10) Right to notice of court proceedings. If the
	839	+	18 victim is not present at a court proceeding in which a
	840	+	19 right of the victim is at issue, the court shall ask the
	841	+	20 prosecuting attorney whether the victim was notified of
	842	+	21 the time, place, and purpose of the court proceeding and
	843	+	22 that the victim had a right to be heard at the court
	844	+	23 proceeding. If the court determines that timely notice was
	845	+	24 not given or that the victim was not adequately informed
	846	+	25 of the nature of the court proceeding, the court shall not
	847	+	26 rule on any substantive issues, accept a plea, or impose a
	848	+
	849	+
	850	+
	851	+
	852	+
	853	+	SB0019 - 23 - LRB104 08032 JDS 18078 b
	854	+
	855	+
	856	+	SB0019- 24 -LRB104 08032 JDS 18078 b SB0019 - 24 - LRB104 08032 JDS 18078 b
	857	+	SB0019 - 24 - LRB104 08032 JDS 18078 b
	858	+	1 sentence and shall continue the hearing for the time
	859	+	2 necessary to notify the victim of the time, place and
	860	+	3 nature of the court proceeding. The time between court
	861	+	4 proceedings shall not be attributable to the State under
	862	+	5 Section 103-5 of the Code of Criminal Procedure of 1963.
	863	+	6 (11) Right to timely disposition of the case. A victim
	864	+	7 has the right to timely disposition of the case so as to
	865	+	8 minimize the stress, cost, and inconvenience resulting
	866	+	9 from the victim's involvement in the case. Before ruling
	867	+	10 on a motion to continue trial or other court proceeding,
	868	+	11 the court shall inquire into the circumstances for the
	869	+	12 request for the delay and, if the victim has provided
	870	+	13 written notice of the assertion of the right to a timely
	871	+	14 disposition, and whether the victim objects to the delay.
	872	+	15 If the victim objects, the prosecutor shall inform the
	873	+	16 court of the victim's objections. If the prosecutor has
	874	+	17 not conferred with the victim about the continuance, the
	875	+	18 prosecutor shall inform the court of the attempts to
	876	+	19 confer. If the court finds the attempts of the prosecutor
	877	+	20 to confer with the victim were inadequate to protect the
	878	+	21 victim's right to be heard, the court shall give the
	879	+	22 prosecutor at least 3 but not more than 5 business days to
	880	+	23 confer with the victim. In ruling on a motion to continue,
	881	+	24 the court shall consider the reasons for the requested
	882	+	25 continuance, the number and length of continuances that
	883	+	26 have been granted, the victim's objections and procedures
	884	+
	885	+
	886	+
	887	+
	888	+
	889	+	SB0019 - 24 - LRB104 08032 JDS 18078 b
	890	+
	891	+
	892	+	SB0019- 25 -LRB104 08032 JDS 18078 b SB0019 - 25 - LRB104 08032 JDS 18078 b
	893	+	SB0019 - 25 - LRB104 08032 JDS 18078 b
	894	+	1 to avoid further delays. If a continuance is granted over
	895	+	2 the victim's objection, the court shall specify on the
	896	+	3 record the reasons for the continuance and the procedures
	897	+	4 that have been or will be taken to avoid further delays.
	898	+	5 (12) Right to Restitution.
	899	+	6 (A) If the victim has asserted the right to
	900	+	7 restitution and the amount of restitution is known at
	901	+	8 the time of sentencing, the court shall enter the
	902	+	9 judgment of restitution at the time of sentencing.
	903	+	10 (B) If the victim has asserted the right to
	904	+	11 restitution and the amount of restitution is not known
	905	+	12 at the time of sentencing, the prosecutor shall,
	906	+	13 within 5 days after sentencing, notify the victim what
	907	+	14 information and documentation related to restitution
	908	+	15 is needed and that the information and documentation
	909	+	16 must be provided to the prosecutor within 45 days
	910	+	17 after sentencing. Failure to timely provide
	911	+	18 information and documentation related to restitution
	912	+	19 shall be deemed a waiver of the right to restitution.
	913	+	20 The prosecutor shall file and serve within 60 days
	914	+	21 after sentencing a proposed judgment for restitution
	915	+	22 and a notice that includes information concerning the
	916	+	23 identity of any victims or other persons seeking
	917	+	24 restitution, whether any victim or other person
	918	+	25 expressly declines restitution, the nature and amount
	919	+	26 of any damages together with any supporting
	920	+
	921	+
	922	+
	923	+
	924	+
	925	+	SB0019 - 25 - LRB104 08032 JDS 18078 b
	926	+
	927	+
	928	+	SB0019- 26 -LRB104 08032 JDS 18078 b SB0019 - 26 - LRB104 08032 JDS 18078 b
	929	+	SB0019 - 26 - LRB104 08032 JDS 18078 b
	930	+	1 documentation, a restitution amount recommendation,
	931	+	2 and the names of any co-defendants and their case
	932	+	3 numbers. Within 30 days after receipt of the proposed
	933	+	4 judgment for restitution, the defendant shall file any
	934	+	5 objection to the proposed judgment, a statement of
	935	+	6 grounds for the objection, and a financial statement.
	936	+	7 If the defendant does not file an objection, the court
	937	+	8 may enter the judgment for restitution without further
	938	+	9 proceedings. If the defendant files an objection and
	939	+	10 either party requests a hearing, the court shall
	940	+	11 schedule a hearing.
	941	+	12 (13) Access to presentence reports.
	942	+	13 (A) The victim may request a copy of the
	943	+	14 presentence report prepared under the Unified Code of
	944	+	15 Corrections from the State's Attorney. The State's
	945	+	16 Attorney shall redact the following information before
	946	+	17 providing a copy of the report:
	947	+	18 (i) the defendant's mental history and
	948	+	19 condition;
	949	+	20 (ii) any evaluation prepared under subsection
	950	+	21 (b) or (b-5) of Section 5-3-2; and
	951	+	22 (iii) the name, address, phone number, and
	952	+	23 other personal information about any other victim.
	953	+	24 (B) The State's Attorney or the defendant may
	954	+	25 request the court redact other information in the
	955	+	26 report that may endanger the safety of any person.
	956	+
	957	+
	958	+
	959	+
	960	+
	961	+	SB0019 - 26 - LRB104 08032 JDS 18078 b
	962	+
	963	+
	964	+	SB0019- 27 -LRB104 08032 JDS 18078 b SB0019 - 27 - LRB104 08032 JDS 18078 b
	965	+	SB0019 - 27 - LRB104 08032 JDS 18078 b
	966	+	1 (C) The State's Attorney may orally disclose to
	967	+	2 the victim any of the information that has been
	968	+	3 redacted if there is a reasonable likelihood that the
	969	+	4 information will be stated in court at the sentencing.
	970	+	5 (D) The State's Attorney must advise the victim
	971	+	6 that the victim must maintain the confidentiality of
	972	+	7 the report and other information. Any dissemination of
	973	+	8 the report or information that was not stated at a
	974	+	9 court proceeding constitutes indirect criminal
	975	+	10 contempt of court.
	976	+	11 (14) Appellate relief. If the trial court denies the
	977	+	12 relief requested, the victim, the victim's attorney, or
	978	+	13 the prosecuting attorney may file an appeal within 30 days
	979	+	14 of the trial court's ruling. The trial or appellate court
	980	+	15 may stay the court proceedings if the court finds that a
	981	+	16 stay would not violate a constitutional right of the
	982	+	17 defendant. If the appellate court denies the relief
	983	+	18 sought, the reasons for the denial shall be clearly stated
	984	+	19 in a written opinion. In any appeal in a criminal case, the
	985	+	20 State may assert as error the court's denial of any crime
	986	+	21 victim's right in the proceeding to which the appeal
	987	+	22 relates.
	988	+	23 (15) Limitation on appellate relief. In no case shall
	989	+	24 an appellate court provide a new trial to remedy the
	990	+	25 violation of a victim's right.
	991	+	26 (16) The right to be reasonably protected from the
	992	+
	993	+
	994	+
	995	+
	996	+
	997	+	SB0019 - 27 - LRB104 08032 JDS 18078 b
	998	+
	999	+
	1000	+	SB0019- 28 -LRB104 08032 JDS 18078 b SB0019 - 28 - LRB104 08032 JDS 18078 b
	1001	+	SB0019 - 28 - LRB104 08032 JDS 18078 b
	1002	+	1 accused throughout the criminal justice process and the
	1003	+	2 right to have the safety of the victim and the victim's
	1004	+	3 family considered in determining whether to release the
	1005	+	4 defendant, and setting conditions of release after arrest
	1006	+	5 and conviction. A victim of domestic violence, a sexual
	1007	+	6 offense, or stalking may request the entry of a protective
	1008	+	7 order under Article 112A of the Code of Criminal Procedure
	1009	+	8 of 1963.
	1010	+	9 (d) Procedures after the imposition of sentence.
	1011	+	10 (1) The Prisoner Review Board shall inform a victim or
	1012	+	11 any other concerned citizen, upon written request, of the
	1013	+	12 prisoner's release on parole, mandatory supervised
	1014	+	13 release, electronic detention, work release, international
	1015	+	14 transfer or exchange, or by the custodian, other than the
	1016	+	15 Department of Juvenile Justice, of the discharge of any
	1017	+	16 individual who was adjudicated a delinquent for a crime
	1018	+	17 from State custody and by the sheriff of the appropriate
	1019	+	18 county of any such person's final discharge from county
	1020	+	19 custody. The Prisoner Review Board, upon written request,
	1021	+	20 shall provide to a victim or any other concerned citizen a
	1022	+	21 recent photograph of any person convicted of a felony,
	1023	+	22 upon his or her release from custody. The Prisoner Review
	1024	+	23 Board, upon written request, shall inform a victim or any
	1025	+	24 other concerned citizen when feasible at least 7 days
	1026	+	25 prior to the prisoner's release on furlough of the times
	1027	+	26 and dates of such furlough. Upon written request by the
	1028	+
	1029	+
	1030	+
	1031	+
	1032	+
	1033	+	SB0019 - 28 - LRB104 08032 JDS 18078 b
	1034	+
	1035	+
	1036	+	SB0019- 29 -LRB104 08032 JDS 18078 b SB0019 - 29 - LRB104 08032 JDS 18078 b
	1037	+	SB0019 - 29 - LRB104 08032 JDS 18078 b
	1038	+	1 victim or any other concerned citizen, the State's
	1039	+	2 Attorney shall notify the person once of the times and
	1040	+	3 dates of release of a prisoner sentenced to periodic
	1041	+	4 imprisonment. Notification shall be based on the most
	1042	+	5 recent information as to the victim's or other concerned
	1043	+	6 citizen's residence or other location available to the
	1044	+	7 notifying authority.
	1045	+	8 (2) When the defendant has been committed to the
	1046	+	9 Department of Human Services pursuant to Section 5-2-4 or
	1047	+	10 any other provision of the Unified Code of Corrections,
	1048	+	11 the victim may request to be notified by the releasing
	1049	+	12 authority of the approval by the court of an on-grounds
	1050	+	13 pass, a supervised off-grounds pass, an unsupervised
	1051	+	14 off-grounds pass, or conditional release; the release on
	1052	+	15 an off-grounds pass; the return from an off-grounds pass;
	1053	+	16 transfer to another facility; conditional release; escape;
	1054	+	17 death; or final discharge from State custody. The
	1055	+	18 Department of Human Services shall establish and maintain
	1056	+	19 a statewide telephone number to be used by victims to make
	1057	+	20 notification requests under these provisions and shall
	1058	+	21 publicize this telephone number on its website and to the
	1059	+	22 State's Attorney of each county.
	1060	+	23 (3) In the event of an escape from State custody, the
	1061	+	24 Department of Corrections or the Department of Juvenile
	1062	+	25 Justice immediately shall notify the Prisoner Review Board
	1063	+	26 of the escape and the Prisoner Review Board shall notify
	1064	+
	1065	+
	1066	+
	1067	+
	1068	+
	1069	+	SB0019 - 29 - LRB104 08032 JDS 18078 b
	1070	+
	1071	+
	1072	+	SB0019- 30 -LRB104 08032 JDS 18078 b SB0019 - 30 - LRB104 08032 JDS 18078 b
	1073	+	SB0019 - 30 - LRB104 08032 JDS 18078 b
	1074	+	1 the victim. The notification shall be based upon the most
	1075	+	2 recent information as to the victim's residence or other
	1076	+	3 location available to the Board. When no such information
	1077	+	4 is available, the Board shall make all reasonable efforts
	1078	+	5 to obtain the information and make the notification. When
	1079	+	6 the escapee is apprehended, the Department of Corrections
	1080	+	7 or the Department of Juvenile Justice immediately shall
	1081	+	8 notify the Prisoner Review Board and the Board shall
	1082	+	9 notify the victim.
	1083	+	10 (4) The victim of the crime for which the prisoner has
	1084	+	11 been sentenced has the right to register with the Prisoner
	1085	+	12 Review Board's victim registry. Victims registered with
	1086	+	13 the Board shall receive reasonable written notice not less
	1087	+	14 than 30 days prior to the parole hearing or target
	1088	+	15 aftercare release date. The victim has the right to submit
	1089	+	16 a victim statement for consideration by the Prisoner
	1090	+	17 Review Board or the Department of Juvenile Justice in
	1091	+	18 writing, on film, videotape, or other electronic means, or
	1092	+	19 in the form of a recording prior to the parole hearing or
	1093	+	20 target aftercare release date, or in person at the parole
	1094	+	21 hearing or aftercare release protest hearing, or by
	1095	+	22 calling the toll-free number established in subsection (f)
	1096	+	23 of this Section. The victim shall be notified within 7
	1097	+	24 days after the prisoner has been granted parole or
	1098	+	25 aftercare release and shall be informed of the right to
	1099	+	26 inspect the registry of parole decisions, established
	1100	+
	1101	+
	1102	+
	1103	+
	1104	+
	1105	+	SB0019 - 30 - LRB104 08032 JDS 18078 b
	1106	+
	1107	+
	1108	+	SB0019- 31 -LRB104 08032 JDS 18078 b SB0019 - 31 - LRB104 08032 JDS 18078 b
	1109	+	SB0019 - 31 - LRB104 08032 JDS 18078 b
	1110	+	1 under subsection (g) of Section 3-3-5 of the Unified Code
	1111	+	2 of Corrections. The provisions of this paragraph (4) are
	1112	+	3 subject to the Open Parole Hearings Act. Victim statements
	1113	+	4 provided to the Board shall be confidential and
	1114	+	5 privileged, including any statements received prior to
	1115	+	6 January 1, 2020 (the effective date of Public Act
	1116	+	7 101-288), except if the statement was an oral statement
	1117	+	8 made by the victim at a hearing open to the public.
	1118	+	9 (4-1) The crime victim, including any person who has
	1119	+	10 had a final, plenary, or non-emergency protective order
	1120	+	11 granted against the petitioner or parole candidate under
	1121	+	12 Article 112A of the Code of Criminal Procedure of 1963,
	1122	+	13 the Illinois Domestic Violence Act of 1986, the Stalking
	1123	+	14 No Contact Order Act, or the Civil No Contact Order Act,
	1124	+	15 has the right to submit a victim statement, in support or
	1125	+	16 opposition, for consideration by the Prisoner Review Board
	1126	+	17 or the Department of Juvenile Justice prior to or at a
	1127	+	18 hearing to determine the conditions of mandatory
	1128	+	19 supervised release of a person sentenced to a determinate
	1129	+	20 sentence or at a hearing on revocation of mandatory
	1130	+	21 supervised release of a person sentenced to a determinate
	1131	+	22 sentence. A victim statement may be submitted in writing,
	1132	+	23 on film, videotape, or other electronic means, or in the
	1133	+	24 form of a recording, or orally at a hearing, or by calling
	1134	+	25 the toll-free number established in subsection (f) of this
	1135	+	26 Section. Victim statements provided to the Board shall be
	1136	+
	1137	+
	1138	+
	1139	+
	1140	+
	1141	+	SB0019 - 31 - LRB104 08032 JDS 18078 b
	1142	+
	1143	+
	1144	+	SB0019- 32 -LRB104 08032 JDS 18078 b SB0019 - 32 - LRB104 08032 JDS 18078 b
	1145	+	SB0019 - 32 - LRB104 08032 JDS 18078 b
	1146	+	1 confidential and privileged, including any statements
	1147	+	2 received prior to January 1, 2020 (the effective date of
	1148	+	3 Public Act 101-288), except if the statement was an oral
	1149	+	4 statement made by the victim at a hearing open to the
	1150	+	5 public.
	1151	+	6 (4-2) The crime victim, including any person who has
	1152	+	7 had a final, plenary, or non-emergency protective order
	1153	+	8 granted against the petitioner or parole candidate under
	1154	+	9 Article 112A of the Code of Criminal Procedure of 1963,
	1155	+	10 the Illinois Domestic Violence Act of 1986, the Stalking
	1156	+	11 No Contact Order Act, or the Civil No Contact Order Act,
	1157	+	12 has the right to submit a victim statement, in support or
	1158	+	13 opposition, to the Prisoner Review Board for consideration
	1159	+	14 at an executive clemency hearing as provided in Section
	1160	+	15 3-3-13 of the Unified Code of Corrections. A victim
	1161	+	16 statement may be submitted in writing, on film, videotape,
	1162	+	17 or other electronic means, or in the form of a recording
	1163	+	18 prior to a hearing, or orally at a hearing, or by calling
	1164	+	19 the toll-free number established in subsection (f) of this
	1165	+	20 Section. Victim statements provided to the Board shall be
	1166	+	21 confidential and privileged, including any statements
	1167	+	22 received prior to January 1, 2020 (the effective date of
	1168	+	23 Public Act 101-288), except if the statement was an oral
	1169	+	24 statement made by the victim at a hearing open to the
	1170	+	25 public.
	1171	+	26 (5) If a statement is presented under Section 6, the
	1172	+
	1173	+
	1174	+
	1175	+
	1176	+
	1177	+	SB0019 - 32 - LRB104 08032 JDS 18078 b
	1178	+
	1179	+
	1180	+	SB0019- 33 -LRB104 08032 JDS 18078 b SB0019 - 33 - LRB104 08032 JDS 18078 b
	1181	+	SB0019 - 33 - LRB104 08032 JDS 18078 b
	1182	+	1 Prisoner Review Board or Department of Juvenile Justice
	1183	+	2 shall inform the victim of any order of discharge pursuant
	1184	+	3 to Section 3-2.5-85 or 3-3-8 of the Unified Code of
	1185	+	4 Corrections.
	1186	+	5 (6) At the written or oral request of the victim of the
	1187	+	6 crime for which the prisoner was sentenced or the State's
	1188	+	7 Attorney of the county where the person seeking parole or
	1189	+	8 aftercare release was prosecuted, the Prisoner Review
	1190	+	9 Board or Department of Juvenile Justice shall notify the
	1191	+	10 victim and the State's Attorney of the county where the
	1192	+	11 person seeking parole or aftercare release was prosecuted
	1193	+	12 of the death of the prisoner if the prisoner died while on
	1194	+	13 parole or aftercare release or mandatory supervised
	1195	+	14 release.
	1196	+	15 (7) When a defendant who has been committed to the
	1197	+	16 Department of Corrections, the Department of Juvenile
	1198	+	17 Justice, or the Department of Human Services is released
	1199	+	18 or discharged and subsequently committed to the Department
	1200	+	19 of Human Services as a sexually violent person and the
	1201	+	20 victim had requested to be notified by the releasing
	1202	+	21 authority of the defendant's discharge, conditional
	1203	+	22 release, death, or escape from State custody, the
	1204	+	23 releasing authority shall provide to the Department of
	1205	+	24 Human Services such information that would allow the
	1206	+	25 Department of Human Services to contact the victim.
	1207	+	26 (8) When a defendant has been convicted of a sex
	1208	+
	1209	+
	1210	+
	1211	+
	1212	+
	1213	+	SB0019 - 33 - LRB104 08032 JDS 18078 b
	1214	+
	1215	+
	1216	+	SB0019- 34 -LRB104 08032 JDS 18078 b SB0019 - 34 - LRB104 08032 JDS 18078 b
	1217	+	SB0019 - 34 - LRB104 08032 JDS 18078 b
	1218	+	1 offense as defined in Section 2 of the Sex Offender
	1219	+	2 Registration Act and has been sentenced to the Department
	1220	+	3 of Corrections or the Department of Juvenile Justice, the
	1221	+	4 Prisoner Review Board or the Department of Juvenile
	1222	+	5 Justice shall notify the victim of the sex offense of the
	1223	+	6 prisoner's eligibility for release on parole, aftercare
	1224	+	7 release, mandatory supervised release, electronic
	1225	+	8 detention, work release, international transfer or
	1226	+	9 exchange, or by the custodian of the discharge of any
	1227	+	10 individual who was adjudicated a delinquent for a sex
	1228	+	11 offense from State custody and by the sheriff of the
	1229	+	12 appropriate county of any such person's final discharge
	1230	+	13 from county custody. The notification shall be made to the
	1231	+	14 victim at least 30 days, whenever possible, before release
	1232	+	15 of the sex offender.
	1233	+	16 (e) The officials named in this Section may satisfy some
	1234	+	17 or all of their obligations to provide notices and other
	1235	+	18 information through participation in a statewide victim and
	1236	+	19 witness notification system established by the Attorney
	1237	+	20 General under Section 8.5 of this Act.
	1238	+	21 (f) The Prisoner Review Board shall establish a toll-free
	1239	+	22 number that may be accessed by the crime victim to present a
	1240	+	23 victim statement to the Board in accordance with paragraphs
	1241	+	24 (4), (4-1), and (4-2) of subsection (d).
	1242	+	25 (g) The Prisoner Review Board shall publish on its
	1243	+	26 official website, and provide to registered victims,
	1244	+
	1245	+
	1246	+
	1247	+
	1248	+
	1249	+	SB0019 - 34 - LRB104 08032 JDS 18078 b
	1250	+
	1251	+
	1252	+	SB0019- 35 -LRB104 08032 JDS 18078 b SB0019 - 35 - LRB104 08032 JDS 18078 b
	1253	+	SB0019 - 35 - LRB104 08032 JDS 18078 b
	1254	+	1 procedural information on how to submit victim statements.
	1255	+	2 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
	1256	+	3 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
	1257	+	4 8-20-21; 102-813, eff. 5-13-22.)
	1258	+	5 (725 ILCS 120/5) (from Ch. 38, par. 1405)
	1259	+	6 Sec. 5. Rights of witnesses.
	1260	+	7 (a) Witnesses as defined in subsection (b) of Section 3 of
	1261	+	8 this Act shall have the following rights:
	1262	+	9 (1) to be notified by the Office of the State's
	1263	+	10 Attorney of all court proceedings at which the witness'
	1264	+	11 presence is required in a reasonable amount of time prior
	1265	+	12 to the proceeding, and to be notified of the cancellation
	1266	+	13 of any scheduled court proceeding in sufficient time to
	1267	+	14 prevent an unnecessary appearance in court, where
	1268	+	15 possible;
	1269	+	16 (2) to be provided with appropriate employer
	1270	+	17 intercession services by the Office of the State's
	1271	+	18 Attorney or the victim advocate personnel to ensure that
	1272	+	19 employers of witnesses will cooperate with the criminal
	1273	+	20 justice system in order to minimize an employee's loss of
	1274	+	21 pay and other benefits resulting from court appearances;
	1275	+	22 (3) to be provided, whenever possible, a secure
	1276	+	23 waiting area during court proceedings that does not
	1277	+	24 require witnesses to be in close proximity to defendants
	1278	+	25 and their families and friends;
	1279	+
	1280	+
	1281	+
	1282	+
	1283	+
	1284	+	SB0019 - 35 - LRB104 08032 JDS 18078 b
	1285	+
	1286	+
	1287	+	SB0019- 36 -LRB104 08032 JDS 18078 b SB0019 - 36 - LRB104 08032 JDS 18078 b
	1288	+	SB0019 - 36 - LRB104 08032 JDS 18078 b
	1289	+	1 (4) to be provided with notice by the Office of the
	1290	+	2 State's Attorney, where necessary, of the right to have a
	1291	+	3 translator present whenever the witness' presence is
	1292	+	4 required and, in compliance with the federal Americans
	1293	+	5 with Disabilities Act of 1990, to be provided with notice
	1294	+	6 of the right to communications access through a sign
	1295	+	7 language interpreter or by other means.
	1296	+	8 (b) At the written request of the witness, the witness
	1297	+	9 shall:
	1298	+	10 (1) receive notice from the office of the State's
	1299	+	11 Attorney of any request for post-conviction review filed
	1300	+	12 by the defendant under Article 122 of the Code of Criminal
	1301	+	13 Procedure of 1963, and of the date, time, and place of any
	1302	+	14 hearing concerning the petition for post-conviction
	1303	+	15 review; whenever possible, notice of the hearing on the
	1304	+	16 petition shall be given in advance;
	1305	+	17 (2) receive notice by the releasing authority of the
	1306	+	18 defendant's discharge from State custody if the defendant
	1307	+	19 was committed to the Department of Human Services under
	1308	+	20 Section 5-2-4 or any other provision of the Unified Code
	1309	+	21 of Corrections;
	1310	+	22 (3) receive notice from the Prisoner Review Board of
	1311	+	23 the prisoner's escape from State custody, after the Board
	1312	+	24 has been notified of the escape by the Department of
	1313	+	25 Corrections or the Department of Juvenile Justice; when
	1314	+	26 the escapee is apprehended, the Department of Corrections
	1315	+
	1316	+
	1317	+
	1318	+
	1319	+
	1320	+	SB0019 - 36 - LRB104 08032 JDS 18078 b
	1321	+
	1322	+
	1323	+	SB0019- 37 -LRB104 08032 JDS 18078 b SB0019 - 37 - LRB104 08032 JDS 18078 b
	1324	+	SB0019 - 37 - LRB104 08032 JDS 18078 b
	1325	+	1 or the Department of Juvenile Justice shall immediately
	1326	+	2 notify the Prisoner Review Board and the Board shall
	1327	+	3 notify the witness;
	1328	+	4 (4) receive notice from the Prisoner Review Board or
	1329	+	5 the Department of Juvenile Justice of the prisoner's
	1330	+	6 release on parole, aftercare release, electronic
	1331	+	7 detention, work release or mandatory supervised release
	1332	+	8 and of the prisoner's final discharge from parole,
	1333	+	9 aftercare release, electronic detention, work release, or
	1334	+	10 mandatory supervised release.
	1335	+	11 (c) The crime victim, including any person who has had a
	1336	+	12 final, plenary, or non-emergency protective order granted
	1337	+	13 against the petitioner or parole candidate under Article 112A
	1338	+	14 of the Code of Criminal Procedure of 1963, the Illinois
	1339	+	15 Domestic Violence Act of 1986, the Stalking No Contact Order
	1340	+	16 Act, or the Civil No Contact Order Act, has the right to submit
	1341	+	17 a victim statement, in support or opposition, to the Prisoner
	1342	+	18 Review Board for consideration at a medical release hearing as
	1343	+	19 provided in Section 3-3-14 of the Unified Code of Corrections.
	1344	+	20 A victim statement may be submitted in writing, on film,
	1345	+	21 videotape, or other electronic means, or in the form of a
	1346	+	22 recording prior to a hearing, or orally at a hearing, or by
	1347	+	23 calling the toll-free number established in subsection (f) of
	1348	+	24 Section 4.5. Victim statements provided to the Board shall be
	1349	+	25 confidential and privileged, including any statements received
	1350	+	26 prior to the effective date of this amendatory Act of the 102nd
	1351	+
	1352	+
	1353	+
	1354	+
	1355	+
	1356	+	SB0019 - 37 - LRB104 08032 JDS 18078 b
	1357	+
	1358	+
	1359	+	SB0019- 38 -LRB104 08032 JDS 18078 b SB0019 - 38 - LRB104 08032 JDS 18078 b
	1360	+	SB0019 - 38 - LRB104 08032 JDS 18078 b
	1361	+	1 General Assembly, except if the statement was an oral
	1362	+	2 statement made by the victim at a hearing open to the public.
	1363	+	3 (Source: P.A. 102-494, eff. 1-1-22.)
	1364	+	4 Section 10. The Unified Code of Corrections is amended by
	1365	+	5 changing Sections 3-3-1, 3-3-2, 3-3-5, 3-3-8, 3-3-9, 3-3-13,
	1366	+	6 3-3-14, 3-5-1, 3-14-1, and 5-4.5-115 as follows:
	1367	+	7 (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
	1368	+	8 Sec. 3-3-1. Establishment and appointment of Prisoner
	1369	+	9 Review Board.
	1370	+	10 (a) There shall be a Prisoner Review Board independent of
	1371	+	11 the Department which shall be:
	1372	+	12 (1) the paroling authority for persons sentenced under
	1373	+	13 the law in effect prior to the effective date of this
	1374	+	14 amendatory Act of 1977;
	1375	+	15 (1.2) the paroling authority for persons eligible for
	1376	+	16 parole review under Section 5-4.5-115;
	1377	+	17 (1.5) (blank);
	1378	+	18 (2) the board of review for cases involving the
	1379	+	19 revocation of sentence credits or a suspension or
	1380	+	20 reduction in the rate of accumulating the credit;
	1381	+	21 (3) the board of review and recommendation for the
	1382	+	22 exercise of executive clemency by the Governor;
	1383	+	23 (4) the authority for establishing release dates for
	1384	+	24 certain prisoners sentenced under the law in existence
	1385	+
	1386	+
	1387	+
	1388	+
	1389	+
	1390	+	SB0019 - 38 - LRB104 08032 JDS 18078 b
	1391	+
	1392	+
	1393	+	SB0019- 39 -LRB104 08032 JDS 18078 b SB0019 - 39 - LRB104 08032 JDS 18078 b
	1394	+	SB0019 - 39 - LRB104 08032 JDS 18078 b
	1395	+	1 prior to the effective date of this amendatory Act of
	1396	+	2 1977, in accordance with Section 3-3-2.1 of this Code;
	1397	+	3 (5) the authority for setting conditions for parole
	1398	+	4 and mandatory supervised release under Section 5-8-1(a) of
	1399	+	5 this Code, and determining whether a violation of those
	1400	+	6 conditions warrant revocation of parole or mandatory
	1401	+	7 supervised release or the imposition of other sanctions;
	1402	+	8 (6) the authority for determining whether a violation
	1403	+	9 of aftercare release conditions warrant revocation of
	1404	+	10 aftercare release; and
	1405	+	11 (7) the authority to release medically infirm or
	1406	+	12 disabled prisoners under Section 3-3-14.
	1407	+	13 (b) The Board shall consist of 15 persons appointed by the
	1408	+	14 Governor by and with the advice and consent of the Senate. One
	1409	+	15 member of the Board shall be designated by the Governor to be
	1410	+	16 Chairman and shall serve as Chairman at the pleasure of the
	1411	+	17 Governor. The members of the Board shall have had at least 5
	1412	+	18 years of actual experience in the fields of penology,
	1413	+	19 corrections work, advocacy for victims of crime and their
	1414	+	20 families, advocacy for survivors of domestic violence, sexual
	1415	+	21 violence, or intimate partner violence, law enforcement,
	1416	+	22 sociology, law, education, social work, medicine, psychology,
	1417	+	23 other behavioral sciences, or a combination thereof. At least
	1418	+	24 3 6 members so appointed must have at least 3 years experience
	1419	+	25 in the field of juvenile matters. A total of 7 members must
	1420	+	26 have at least 5 years' experience as a law enforcement
	1421	+
	1422	+
	1423	+
	1424	+
	1425	+
	1426	+	SB0019 - 39 - LRB104 08032 JDS 18078 b
	1427	+
	1428	+
	1429	+	SB0019- 40 -LRB104 08032 JDS 18078 b SB0019 - 40 - LRB104 08032 JDS 18078 b
	1430	+	SB0019 - 40 - LRB104 08032 JDS 18078 b
	1431	+	1 officer, parole officer, prosecutor, criminal defense
	1432	+	2 attorney, or judge. No more than 8 Board members may be members
	1433	+	3 of the same political party.
	1434	+	4 Each member of the Board shall serve on a full-time basis
	1435	+	5 and shall not hold any other salaried public office, whether
	1436	+	6 elective or appointive, nor any other office or position of
	1437	+	7 profit, nor engage in any other business, employment, or
	1438	+	8 vocation. The Chairman of the Board shall receive the same
	1439	+	9 salary as the Chairperson of the Illinois Human Rights
	1440	+	10 Commission $35,000 a year, or an amount set by the
	1441	+	11 Compensation Review Board, whichever is greater, and each
	1442	+	12 other member shall receive the same salary as members of the
	1443	+	13 Illinois Human Rights Commission $30,000, or an amount set by
	1444	+	14 the Compensation Review Board, whichever is greater. The
	1445	+	15 changes made to the salary of the Chairman of the Board and to
	1446	+	16 the salaries of other members of the Board by this amendatory
	1447	+	17 Act of the 104th General Assembly apply only to persons who are
	1448	+	18 appointed or reappointed to those positions on or after the
	1449	+	19 effective date of this amendatory Act of the 104th General
	1450	+	20 Assembly.
	1451	+	21 (c) Notwithstanding any other provision of this Section,
	1452	+	22 the term of each member of the Board who was appointed by the
	1453	+	23 Governor and is in office on June 30, 2003 shall terminate at
	1454	+	24 the close of business on that date or when all of the successor
	1455	+	25 members to be appointed pursuant to this amendatory Act of the
	1456	+	26 93rd General Assembly have been appointed by the Governor,
	1457	+
	1458	+
	1459	+
	1460	+
	1461	+
	1462	+	SB0019 - 40 - LRB104 08032 JDS 18078 b
	1463	+
	1464	+
	1465	+	SB0019- 41 -LRB104 08032 JDS 18078 b SB0019 - 41 - LRB104 08032 JDS 18078 b
	1466	+	SB0019 - 41 - LRB104 08032 JDS 18078 b
	1467	+	1 whichever occurs later. As soon as possible, the Governor
	1468	+	2 shall appoint persons to fill the vacancies created by this
	1469	+	3 amendatory Act.
	1470	+	4 Of the initial members appointed under this amendatory Act
	1471	+	5 of the 93rd General Assembly, the Governor shall appoint 5
	1472	+	6 members whose terms shall expire on the third Monday in
	1473	+	7 January 2005, 5 members whose terms shall expire on the third
	1474	+	8 Monday in January 2007, and 5 members whose terms shall expire
	1475	+	9 on the third Monday in January 2009. Their respective
	1476	+	10 successors shall be appointed for terms of 6 years from the
	1477	+	11 third Monday in January of the year of appointment. Each
	1478	+	12 member shall serve until his or her successor is appointed and
	1479	+	13 qualified.
	1480	+	14 Notwithstanding any other provision of this Section, any
	1481	+	15 member appointed after January 1, 2026 shall be appointed for
	1482	+	16 an 8-year term that begins upon the date of appointment or
	1483	+	17 reappointment. Each member shall serve until the member's
	1484	+	18 successor is appointed and qualified.
	1485	+	19 Any member may be removed by the Governor for
	1486	+	20 incompetence, neglect of duty, malfeasance or inability to
	1487	+	21 serve.
	1488	+	22 (d) The Chairman of the Board shall be its chief executive
	1489	+	23 and administrative officer. The Board may have an Executive
	1490	+	24 Director; if so, the Executive Director shall be appointed by
	1491	+	25 the Governor with the advice and consent of the Senate. The
	1492	+	26 salary and duties of the Executive Director shall be fixed by
	1493	+
	1494	+
	1495	+
	1496	+
	1497	+
	1498	+	SB0019 - 41 - LRB104 08032 JDS 18078 b
	1499	+
	1500	+
	1501	+	SB0019- 42 -LRB104 08032 JDS 18078 b SB0019 - 42 - LRB104 08032 JDS 18078 b
	1502	+	SB0019 - 42 - LRB104 08032 JDS 18078 b
	1503	+	1 the Board.
	1504	+	2 (e) Each member and commissioner of the Prisoner Review
	1505	+	3 Board shall be required to complete a training course
	1506	+	4 developed and administered in consultation with the Department
	1507	+	5 of Corrections. The training shall be provided to new members
	1508	+	6 and commissioners of the Prisoner Review Board within 30 days
	1509	+	7 of the start of their service and before they take part in any
	1510	+	8 hearings. The training shall cover topics, including, but not
	1511	+	9 limited to:
	1512	+	10 (1) the prison and incarceration system, including a
	1513	+	11 tour of a correctional institution or facility and a
	1514	+	12 meeting with the facility administration;
	1515	+	13 (2) the nature and benefits of rehabilitative
	1516	+	14 corrections;
	1517	+	15 (3) rehabilitative programming provided by the
	1518	+	16 Department of Corrections available to incarcerated
	1519	+	17 individuals; and
	1520	+	18 (4) the impact of rehabilitative corrections and
	1521	+	19 programming on rates of recidivism.
	1522	+	20 In addition to the training course, each member and
	1523	+	21 commissioner of the Board shall also be required to
	1524	+	22 participate in 20 hours of continuing education or training
	1525	+	23 per year. Training shall cover, but shall not be limited to,
	1526	+	24 the following topics: domestic violence, restorative justice,
	1527	+	25 racial bias, risk assessment bias, law enforcement bias,
	1528	+	26 prevalence of wrongful conviction, prosecutorial misconduct,
	1529	+
	1530	+
	1531	+
	1532	+
	1533	+
	1534	+	SB0019 - 42 - LRB104 08032 JDS 18078 b
	1535	+
	1536	+
	1537	+	SB0019- 43 -LRB104 08032 JDS 18078 b SB0019 - 43 - LRB104 08032 JDS 18078 b
	1538	+	SB0019 - 43 - LRB104 08032 JDS 18078 b
	1539	+	1 police misconduct, mental health, cognitive behavioral
	1540	+	2 therapy, trauma, the age-crime curve, recidivism, and the
	1541	+	3 benefits of rehabilitative, educational, vocational, and
	1542	+	4 health, programming in correctional facilities. Documentation
	1543	+	5 of completion shall be submitted to and recorded by the
	1544	+	6 Department of Corrections and made available to the public
	1545	+	7 upon request.
	1546	+	8 The 20 hours of continuing education or training per year
	1547	+	9 required in this subsection shall include a training course
	1548	+	10 developed and administered by the entity administering the
	1549	+	11 Illinois Domestic Violence Hotline. The training shall be
	1550	+	12 provided to new members and commissioners of the Prisoner
	1551	+	13 Review Board within 30 days of the start of their service and
	1552	+	14 before they take part in any hearings.
	1553	+	15 This training shall be tailored specifically to the
	1554	+	16 members of the Board and shall cover topics, including, but
	1555	+	17 not limited to:
	1556	+	18 (1) the nature, extent, causes, and lethality of
	1557	+	19 domestic violence and gender-based violence;
	1558	+	20 (2) implicit and explicit biases toward parties
	1559	+	21 involved in domestic violence and gender-based violence;
	1560	+	22 (3) criminalization of survivors of domestic violence
	1561	+	23 and gender-based violence;
	1562	+	24 (4) behavioral patterns and relationship dynamics
	1563	+	25 within the cycle of violence;
	1564	+	26 (5) safety planning and procedures designed to promote
	1565	+
	1566	+
	1567	+
	1568	+
	1569	+
	1570	+	SB0019 - 43 - LRB104 08032 JDS 18078 b
	1571	+
	1572	+
	1573	+	SB0019- 44 -LRB104 08032 JDS 18078 b SB0019 - 44 - LRB104 08032 JDS 18078 b
	1574	+	SB0019 - 44 - LRB104 08032 JDS 18078 b
	1575	+	1 the safety of victims of domestic violence and
	1576	+	2 gender-based violence and their household members;
	1577	+	3 (6) resources available to victims of domestic
	1578	+	4 violence and gender-based violence and their household
	1579	+	5 members; and
	1580	+	6 (7) the Illinois Domestic Violence Act of 1986, the
	1581	+	7 Stalking No Contact Order Act, the Civil No Contact Order
	1582	+	8 Act, and the legal process regarding protective orders.
	1583	+	9 (f) The Board may appoint commissioners to assist it in
	1584	+	10 such manner as it directs and may discharge them at will.
	1585	+	11 Commissioners shall not be subject to the Personnel Code. Any
	1586	+	12 commissioner appointed shall be an attorney licensed to
	1587	+	13 practice law in the State of Illinois. The Board in its
	1588	+	14 discretion may assign any hearing to a commissioner, except
	1589	+	15 that, in hearings requiring a quorum of the Board, only
	1590	+	16 members shall participate, and in hearings requiring at least
	1591	+	17 3 members, at least 2 members shall participate. No
	1592	+	18 commissioner may act as the lead member or point of contact for
	1593	+	19 any institutional hearing.
	1594	+	20 (Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
	1595	+	21 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
	1596	+	22 Sec. 3-3-2. Powers and duties.
	1597	+	23 (a) The Parole and Pardon Board is abolished and the term
	1598	+	24 "Parole and Pardon Board" as used in any law of Illinois, shall
	1599	+	25 read "Prisoner Review Board." After February 1, 1978 (the
	1600	+
	1601	+
	1602	+
	1603	+
	1604	+
	1605	+	SB0019 - 44 - LRB104 08032 JDS 18078 b
	1606	+
	1607	+
	1608	+	SB0019- 45 -LRB104 08032 JDS 18078 b SB0019 - 45 - LRB104 08032 JDS 18078 b
	1609	+	SB0019 - 45 - LRB104 08032 JDS 18078 b
	1610	+	1 effective date of Public Act 81-1099), the Prisoner Review
	1611	+	2 Board shall provide by rule for the orderly transition of all
	1612	+	3 files, records, and documents of the Parole and Pardon Board
	1613	+	4 and for such other steps as may be necessary to effect an
	1614	+	5 orderly transition and shall:
	1615	+	6 (1) hear by at least one member and through a panel of
	1616	+	7 at least 3 members decide, cases of prisoners who were
	1617	+	8 sentenced under the law in effect prior to February 1,
	1618	+	9 1978 (the effective date of Public Act 81-1099), and who
	1619	+	10 are eligible for parole;
	1620	+	11 (2) hear by at least one member and through a panel of
	1621	+	12 at least 3 members decide, the conditions of parole and
	1622	+	13 the time of discharge from parole, impose sanctions for
	1623	+	14 violations of parole, and revoke parole for those
	1624	+	15 sentenced under the law in effect prior to February 1,
	1625	+	16 1978 (the effective date of Public Act 81-1099); provided
	1626	+	17 that the decision to parole and the conditions of parole
	1627	+	18 for all prisoners who were sentenced for first degree
	1628	+	19 murder or who received a minimum sentence of 20 years or
	1629	+	20 more under the law in effect prior to February 1, 1978
	1630	+	21 shall be determined by a majority vote of the Prisoner
	1631	+	22 Review Board. One representative supporting parole and one
	1632	+	23 representative opposing parole will be allowed to speak.
	1633	+	24 Their comments shall be limited to making corrections and
	1634	+	25 filling in omissions to the Board's presentation and
	1635	+	26 discussion;
	1636	+
	1637	+
	1638	+
	1639	+
	1640	+
	1641	+	SB0019 - 45 - LRB104 08032 JDS 18078 b
	1642	+
	1643	+
	1644	+	SB0019- 46 -LRB104 08032 JDS 18078 b SB0019 - 46 - LRB104 08032 JDS 18078 b
	1645	+	SB0019 - 46 - LRB104 08032 JDS 18078 b
	1646	+	1 (3) hear by at least one member and through a panel of
	1647	+	2 at least 3 members decide, the conditions of mandatory
	1648	+	3 supervised release and the time of discharge from
	1649	+	4 mandatory supervised release, impose sanctions for
	1650	+	5 violations of mandatory supervised release, and revoke
	1651	+	6 mandatory supervised release for those sentenced under the
	1652	+	7 law in effect after February 1, 1978 (the effective date
	1653	+	8 of Public Act 81-1099);
	1654	+	9 (3.5) hear by at least one member and through a panel
	1655	+	10 of at least 3 members decide, the conditions of mandatory
	1656	+	11 supervised release and the time of discharge from
	1657	+	12 mandatory supervised release, to impose sanctions for
	1658	+	13 violations of mandatory supervised release and revoke
	1659	+	14 mandatory supervised release for those serving extended
	1660	+	15 supervised release terms pursuant to paragraph (4) of
	1661	+	16 subsection (d) of Section 5-8-1;
	1662	+	17 (3.6) hear by at least one member and through a panel
	1663	+	18 of at least 3 members decide whether to revoke aftercare
	1664	+	19 release for those committed to the Department of Juvenile
	1665	+	20 Justice under the Juvenile Court Act of 1987;
	1666	+	21 (4) hear by at least one member and through a panel of
	1667	+	22 at least 3 members, decide cases brought by the Department
	1668	+	23 of Corrections against a prisoner in the custody of the
	1669	+	24 Department for alleged violation of Department rules with
	1670	+	25 respect to sentence credits under Section 3-6-3 of this
	1671	+	26 Code in which the Department seeks to revoke sentence
	1672	+
	1673	+
	1674	+
	1675	+
	1676	+
	1677	+	SB0019 - 46 - LRB104 08032 JDS 18078 b
	1678	+
	1679	+
	1680	+	SB0019- 47 -LRB104 08032 JDS 18078 b SB0019 - 47 - LRB104 08032 JDS 18078 b
	1681	+	SB0019 - 47 - LRB104 08032 JDS 18078 b
	1682	+	1 credits, if the amount of time at issue exceeds 30 days or
	1683	+	2 when, during any 12-month period, the cumulative amount of
	1684	+	3 credit revoked exceeds 30 days except where the infraction
	1685	+	4 is committed or discovered within 60 days of scheduled
	1686	+	5 release. In such cases, the Department of Corrections may
	1687	+	6 revoke up to 30 days of sentence credit. The Board may
	1688	+	7 subsequently approve the revocation of additional sentence
	1689	+	8 credit, if the Department seeks to revoke sentence credit
	1690	+	9 in excess of 30 days. However, the Board shall not be
	1691	+	10 empowered to review the Department's decision with respect
	1692	+	11 to the loss of 30 days of sentence credit for any prisoner
	1693	+	12 or to increase any penalty beyond the length requested by
	1694	+	13 the Department;
	1695	+	14 (5) hear by at least one member and through a panel of
	1696	+	15 at least 3 members decide, the release dates for certain
	1697	+	16 prisoners sentenced under the law in existence prior to
	1698	+	17 February 1, 1978 (the effective date of Public Act
	1699	+	18 81-1099), in accordance with Section 3-3-2.1 of this Code;
	1700	+	19 (6) hear by at least one member and through a panel of
	1701	+	20 at least 3 members decide, all requests for pardon,
	1702	+	21 reprieve or commutation, and make confidential
	1703	+	22 recommendations to the Governor;
	1704	+	23 (6.5) hear by at least one member who is qualified in
	1705	+	24 the field of juvenile matters and through a panel of at
	1706	+	25 least 3 members, 2 of whom are qualified in the field of
	1707	+	26 juvenile matters, decide parole review cases in accordance
	1708	+
	1709	+
	1710	+
	1711	+
	1712	+
	1713	+	SB0019 - 47 - LRB104 08032 JDS 18078 b
	1714	+
	1715	+
	1716	+	SB0019- 48 -LRB104 08032 JDS 18078 b SB0019 - 48 - LRB104 08032 JDS 18078 b
	1717	+	SB0019 - 48 - LRB104 08032 JDS 18078 b
	1718	+	1 with Section 5-4.5-115 of this Code and make release
	1719	+	2 determinations of persons under the age of 21 at the time
	1720	+	3 of the commission of an offense or offenses, other than
	1721	+	4 those persons serving sentences for first degree murder or
	1722	+	5 aggravated criminal sexual assault;
	1723	+	6 (6.6) hear by at least a quorum of the Prisoner Review
	1724	+	7 Board and decide by a majority of members present at the
	1725	+	8 hearing, in accordance with Section 5-4.5-115 of this
	1726	+	9 Code, release determinations of persons under the age of
	1727	+	10 21 at the time of the commission of an offense or offenses
	1728	+	11 of those persons serving sentences for first degree murder
	1729	+	12 or aggravated criminal sexual assault;
	1730	+	13 (7) comply with the requirements of the Open Parole
	1731	+	14 Hearings Act;
	1732	+	15 (8) hear by at least one member and, through a panel of
	1733	+	16 at least 3 members, decide cases brought by the Department
	1734	+	17 of Corrections against a prisoner in the custody of the
	1735	+	18 Department for court dismissal of a frivolous lawsuit
	1736	+	19 pursuant to Section 3-6-3(d) of this Code in which the
	1737	+	20 Department seeks to revoke up to 180 days of sentence
	1738	+	21 credit, and if the prisoner has not accumulated 180 days
	1739	+	22 of sentence credit at the time of the dismissal, then all
	1740	+	23 sentence credit accumulated by the prisoner shall be
	1741	+	24 revoked;
	1742	+	25 (9) hear by at least 3 members, and, through a panel of
	1743	+	26 at least 3 members, decide whether to grant certificates
	1744	+
	1745	+
	1746	+
	1747	+
	1748	+
	1749	+	SB0019 - 48 - LRB104 08032 JDS 18078 b
	1750	+
	1751	+
	1752	+	SB0019- 49 -LRB104 08032 JDS 18078 b SB0019 - 49 - LRB104 08032 JDS 18078 b
	1753	+	SB0019 - 49 - LRB104 08032 JDS 18078 b
	1754	+	1 of relief from disabilities or certificates of good
	1755	+	2 conduct as provided in Article 5.5 of Chapter V;
	1756	+	3 (10) upon a petition by a person who has been
	1757	+	4 convicted of a Class 3 or Class 4 felony and who meets the
	1758	+	5 requirements of this paragraph, hear by at least 3 members
	1759	+	6 and, with the unanimous vote of a panel of 3 members, issue
	1760	+	7 a certificate of eligibility for sealing recommending that
	1761	+	8 the court order the sealing of all official records of the
	1762	+	9 arresting authority, the circuit court clerk, and the
	1763	+	10 Illinois State Police concerning the arrest and conviction
	1764	+	11 for the Class 3 or 4 felony. A person may not apply to the
	1765	+	12 Board for a certificate of eligibility for sealing:
	1766	+	13 (A) until 5 years have elapsed since the
	1767	+	14 expiration of his or her sentence;
	1768	+	15 (B) until 5 years have elapsed since any arrests
	1769	+	16 or detentions by a law enforcement officer for an
	1770	+	17 alleged violation of law, other than a petty offense,
	1771	+	18 traffic offense, conservation offense, or local
	1772	+	19 ordinance offense;
	1773	+	20 (C) if convicted of a violation of the Cannabis
	1774	+	21 Control Act, Illinois Controlled Substances Act, the
	1775	+	22 Methamphetamine Control and Community Protection Act,
	1776	+	23 the Methamphetamine Precursor Control Act, or the
	1777	+	24 Methamphetamine Precursor Tracking Act unless the
	1778	+	25 petitioner has completed a drug abuse program for the
	1779	+	26 offense on which sealing is sought and provides proof
	1780	+
	1781	+
	1782	+
	1783	+
	1784	+
	1785	+	SB0019 - 49 - LRB104 08032 JDS 18078 b
	1786	+
	1787	+
	1788	+	SB0019- 50 -LRB104 08032 JDS 18078 b SB0019 - 50 - LRB104 08032 JDS 18078 b
	1789	+	SB0019 - 50 - LRB104 08032 JDS 18078 b
	1790	+	1 that he or she has completed the program successfully;
	1791	+	2 (D) if convicted of:
	1792	+	3 (i) a sex offense described in Article 11 or
	1793	+	4 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
	1794	+	5 the Criminal Code of 1961 or the Criminal Code of
	1795	+	6 2012;
	1796	+	7 (ii) aggravated assault;
	1797	+	8 (iii) aggravated battery;
	1798	+	9 (iv) domestic battery;
	1799	+	10 (v) aggravated domestic battery;
	1800	+	11 (vi) violation of an order of protection;
	1801	+	12 (vii) an offense under the Criminal Code of
	1802	+	13 1961 or the Criminal Code of 2012 involving a
	1803	+	14 firearm;
	1804	+	15 (viii) driving while under the influence of
	1805	+	16 alcohol, other drug or drugs, intoxicating
	1806	+	17 compound or compounds, or any combination thereof;
	1807	+	18 (ix) aggravated driving while under the
	1808	+	19 influence of alcohol, other drug or drugs,
	1809	+	20 intoxicating compound or compounds, or any
	1810	+	21 combination thereof; or
	1811	+	22 (x) any crime defined as a crime of violence
	1812	+	23 under Section 2 of the Crime Victims Compensation
	1813	+	24 Act.
	1814	+	25 If a person has applied to the Board for a certificate
	1815	+	26 of eligibility for sealing and the Board denies the
	1816	+
	1817	+
	1818	+
	1819	+
	1820	+
	1821	+	SB0019 - 50 - LRB104 08032 JDS 18078 b
	1822	+
	1823	+
	1824	+	SB0019- 51 -LRB104 08032 JDS 18078 b SB0019 - 51 - LRB104 08032 JDS 18078 b
	1825	+	SB0019 - 51 - LRB104 08032 JDS 18078 b
	1826	+	1 certificate, the person must wait at least 4 years before
	1827	+	2 filing again or filing for pardon from the Governor unless
	1828	+	3 the Chairman of the Prisoner Review Board grants a waiver.
	1829	+	4 The decision to issue or refrain from issuing a
	1830	+	5 certificate of eligibility for sealing shall be at the
	1831	+	6 Board's sole discretion, and shall not give rise to any
	1832	+	7 cause of action against either the Board or its members.
	1833	+	8 The Board may only authorize the sealing of Class 3
	1834	+	9 and 4 felony convictions of the petitioner from one
	1835	+	10 information or indictment under this paragraph (10). A
	1836	+	11 petitioner may only receive one certificate of eligibility
	1837	+	12 for sealing under this provision for life; and
	1838	+	13 (11) upon a petition by a person who after having been
	1839	+	14 convicted of a Class 3 or Class 4 felony thereafter served
	1840	+	15 in the United States Armed Forces or National Guard of
	1841	+	16 this or any other state and had received an honorable
	1842	+	17 discharge from the United States Armed Forces or National
	1843	+	18 Guard or who at the time of filing the petition is enlisted
	1844	+	19 in the United States Armed Forces or National Guard of
	1845	+	20 this or any other state and served one tour of duty and who
	1846	+	21 meets the requirements of this paragraph, hear by at least
	1847	+	22 3 members and, with the unanimous vote of a panel of 3
	1848	+	23 members, issue a certificate of eligibility for
	1849	+	24 expungement recommending that the court order the
	1850	+	25 expungement of all official records of the arresting
	1851	+	26 authority, the circuit court clerk, and the Illinois State
	1852	+
	1853	+
	1854	+
	1855	+
	1856	+
	1857	+	SB0019 - 51 - LRB104 08032 JDS 18078 b
	1858	+
	1859	+
	1860	+	SB0019- 52 -LRB104 08032 JDS 18078 b SB0019 - 52 - LRB104 08032 JDS 18078 b
	1861	+	SB0019 - 52 - LRB104 08032 JDS 18078 b
	1862	+	1 Police concerning the arrest and conviction for the Class
	1863	+	2 3 or 4 felony. A person may not apply to the Board for a
	1864	+	3 certificate of eligibility for expungement:
	1865	+	4 (A) if convicted of:
	1866	+	5 (i) a sex offense described in Article 11 or
	1867	+	6 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
	1868	+	7 the Criminal Code of 1961 or Criminal Code of
	1869	+	8 2012;
	1870	+	9 (ii) an offense under the Criminal Code of
	1871	+	10 1961 or Criminal Code of 2012 involving a firearm;
	1872	+	11 or
	1873	+	12 (iii) a crime of violence as defined in
	1874	+	13 Section 2 of the Crime Victims Compensation Act;
	1875	+	14 or
	1876	+	15 (B) if the person has not served in the United
	1877	+	16 States Armed Forces or National Guard of this or any
	1878	+	17 other state or has not received an honorable discharge
	1879	+	18 from the United States Armed Forces or National Guard
	1880	+	19 of this or any other state or who at the time of the
	1881	+	20 filing of the petition is serving in the United States
	1882	+	21 Armed Forces or National Guard of this or any other
	1883	+	22 state and has not completed one tour of duty.
	1884	+	23 If a person has applied to the Board for a certificate
	1885	+	24 of eligibility for expungement and the Board denies the
	1886	+	25 certificate, the person must wait at least 4 years before
	1887	+	26 filing again or filing for a pardon with authorization for
	1888	+
	1889	+
	1890	+
	1891	+
	1892	+
	1893	+	SB0019 - 52 - LRB104 08032 JDS 18078 b
	1894	+
	1895	+
	1896	+	SB0019- 53 -LRB104 08032 JDS 18078 b SB0019 - 53 - LRB104 08032 JDS 18078 b
	1897	+	SB0019 - 53 - LRB104 08032 JDS 18078 b
	1898	+	1 expungement from the Governor unless the Governor or
	1899	+	2 Chairman of the Prisoner Review Board grants a waiver.
	1900	+	3 (a-5) The Prisoner Review Board, with the cooperation of
	1901	+	4 and in coordination with the Department of Corrections and the
	1902	+	5 Department of Central Management Services, shall provide
	1903	+	6 implement a pilot project in 3 correctional institutions
	1904	+	7 providing for the conduct of hearings under paragraphs (1) and
	1905	+	8 (4) of subsection (a) of this Section through interactive
	1906	+	9 video conferences. The The project shall be implemented within
	1907	+	10 6 months after January 1, 1997 (the effective date of Public
	1908	+	11 Act 89-490). Within 6 months after the implementation of the
	1909	+	12 pilot project, the Prisoner Review Board, with the cooperation
	1910	+	13 of and in coordination with the Department of Corrections and
	1911	+	14 the Department of Central Management Services, shall report
	1912	+	15 annually to the Governor and the General Assembly regarding
	1913	+	16 the use, costs, effectiveness, and future viability of
	1914	+	17 interactive video conferences for Prisoner Review Board
	1915	+	18 hearings.
	1916	+	19 (b) Upon recommendation of the Department the Board may
	1917	+	20 restore sentence credit previously revoked.
	1918	+	21 (c) The Board shall cooperate with the Department in
	1919	+	22 promoting an effective system of parole and mandatory
	1920	+	23 supervised release.
	1921	+	24 (d) The Board shall promulgate rules for the conduct of
	1922	+	25 its work, and the Chairman shall file a copy of such rules and
	1923	+	26 any amendments thereto with the Director and with the
	1924	+
	1925	+
	1926	+
	1927	+
	1928	+
	1929	+	SB0019 - 53 - LRB104 08032 JDS 18078 b
	1930	+
	1931	+
	1932	+	SB0019- 54 -LRB104 08032 JDS 18078 b SB0019 - 54 - LRB104 08032 JDS 18078 b
	1933	+	SB0019 - 54 - LRB104 08032 JDS 18078 b
	1934	+	1 Secretary of State.
	1935	+	2 (e) The Board shall keep records of all of its official
	1936	+	3 actions and shall make them accessible in accordance with law
	1937	+	4 and the rules of the Board.
	1938	+	5 (f) The Board or one who has allegedly violated the
	1939	+	6 conditions of his or her parole, aftercare release, or
	1940	+	7 mandatory supervised release may require by subpoena the
	1941	+	8 attendance and testimony of witnesses and the production of
	1942	+	9 documentary evidence relating to any matter under
	1943	+	10 investigation or hearing. The Chairman of the Board may sign
	1944	+	11 subpoenas which shall be served by any agent or public
	1945	+	12 official authorized by the Chairman of the Board, or by any
	1946	+	13 person lawfully authorized to serve a subpoena under the laws
	1947	+	14 of the State of Illinois. The attendance of witnesses, and the
	1948	+	15 production of documentary evidence, may be required from any
	1949	+	16 place in the State to a hearing location in the State before
	1950	+	17 the Chairman of the Board or his or her designated agent or
	1951	+	18 agents or any duly constituted Committee or Subcommittee of
	1952	+	19 the Board. Witnesses so summoned shall be paid the same fees
	1953	+	20 and mileage that are paid witnesses in the circuit courts of
	1954	+	21 the State, and witnesses whose depositions are taken and the
	1955	+	22 persons taking those depositions are each entitled to the same
	1956	+	23 fees as are paid for like services in actions in the circuit
	1957	+	24 courts of the State. Fees and mileage shall be vouchered for
	1958	+	25 payment when the witness is discharged from further
	1959	+	26 attendance.
	1960	+
	1961	+
	1962	+
	1963	+
	1964	+
	1965	+	SB0019 - 54 - LRB104 08032 JDS 18078 b
	1966	+
	1967	+
	1968	+	SB0019- 55 -LRB104 08032 JDS 18078 b SB0019 - 55 - LRB104 08032 JDS 18078 b
	1969	+	SB0019 - 55 - LRB104 08032 JDS 18078 b
	1970	+	1 In case of disobedience to a subpoena, the Board may
	1971	+	2 petition any circuit court of the State for an order requiring
	1972	+	3 the attendance and testimony of witnesses or the production of
	1973	+	4 documentary evidence or both. A copy of such petition shall be
	1974	+	5 served by personal service or by registered or certified mail
	1975	+	6 upon the person who has failed to obey the subpoena, and such
	1976	+	7 person shall be advised in writing that a hearing upon the
	1977	+	8 petition will be requested in a court room to be designated in
	1978	+	9 such notice before the judge hearing motions or extraordinary
	1979	+	10 remedies at a specified time, on a specified date, not less
	1980	+	11 than 10 nor more than 15 days after the deposit of the copy of
	1981	+	12 the written notice and petition in the U.S. mail addressed to
	1982	+	13 the person at his or her last known address or after the
	1983	+	14 personal service of the copy of the notice and petition upon
	1984	+	15 such person. The court upon the filing of such a petition, may
	1985	+	16 order the person refusing to obey the subpoena to appear at an
	1986	+	17 investigation or hearing, or to there produce documentary
	1987	+	18 evidence, if so ordered, or to give evidence relative to the
	1988	+	19 subject matter of that investigation or hearing. Any failure
	1989	+	20 to obey such order of the circuit court may be punished by that
	1990	+	21 court as a contempt of court.
	1991	+	22 Each member of the Board and any hearing officer
	1992	+	23 designated by the Board shall have the power to administer
	1993	+	24 oaths and to take the testimony of persons under oath.
	1994	+	25 (g) Except under subsection (a) of this Section, a
	1995	+	26 majority of the members then appointed to the Prisoner Review
	1996	+
	1997	+
	1998	+
	1999	+
	2000	+
	2001	+	SB0019 - 55 - LRB104 08032 JDS 18078 b
	2002	+
	2003	+
	2004	+	SB0019- 56 -LRB104 08032 JDS 18078 b SB0019 - 56 - LRB104 08032 JDS 18078 b
	2005	+	SB0019 - 56 - LRB104 08032 JDS 18078 b
	2006	+	1 Board shall constitute a quorum for the transaction of all
	2007	+	2 business of the Board.
	2008	+	3 (h) The Prisoner Review Board shall annually transmit to
	2009	+	4 the Director a detailed report of its work for the preceding
	2010	+	5 calendar year, including votes cast by each member. The annual
	2011	+	6 report shall also be transmitted to the Governor for
	2012	+	7 submission to the Legislature.
	2013	+	8 (Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
	2014	+	9 102-558, eff. 8-20-21.)
	2015	+	10 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
	2016	+	11 Sec. 3-3-5. Hearing and determination.
	2017	+	12 (a) The Prisoner Review Board shall meet as often as need
	2018	+	13 requires to consider the cases of persons eligible for parole.
	2019	+	14 Except as otherwise provided in paragraph (2) of subsection
	2020	+	15 (a) of Section 3-3-2 of this Act, the Prisoner Review Board may
	2021	+	16 meet and order its actions in panels of 3 or more members. The
	2022	+	17 action of a majority of the panel shall be the action of the
	2023	+	18 Board.
	2024	+	19 (b) If the person under consideration for parole is in the
	2025	+	20 custody of the Department, at least one member of the Board
	2026	+	21 shall interview him or her, and a report of that interview
	2027	+	22 shall be available for the Board's consideration. However, in
	2028	+	23 the discretion of the Board, the interview need not be
	2029	+	24 conducted if a psychiatric examination determines that the
	2030	+	25 person could not meaningfully contribute to the Board's
	2031	+
	2032	+
	2033	+
	2034	+
	2035	+
	2036	+	SB0019 - 56 - LRB104 08032 JDS 18078 b
	2037	+
	2038	+
	2039	+	SB0019- 57 -LRB104 08032 JDS 18078 b SB0019 - 57 - LRB104 08032 JDS 18078 b
	2040	+	SB0019 - 57 - LRB104 08032 JDS 18078 b
	2041	+	1 consideration. The Board may in its discretion parole a person
	2042	+	2 who is then outside the jurisdiction on his or her record
	2043	+	3 without an interview. The Board need not hold a hearing or
	2044	+	4 interview a person who is paroled under paragraphs (d) or (e)
	2045	+	5 of this Section or released on Mandatory release under Section
	2046	+	6 3-3-10.
	2047	+	7 (c) (Blank). The Board shall not parole a person eligible
	2048	+	8 for parole if it determines that:
	2049	+	9 (1) there is a substantial risk that he or she will not
	2050	+	10 conform to reasonable conditions of parole or aftercare
	2051	+	11 release; or
	2052	+	12 (2) his or her release at that time would deprecate
	2053	+	13 the seriousness of his or her offense or promote
	2054	+	14 disrespect for the law; or
	2055	+	15 (3) his or her release would have a substantially
	2056	+	16 adverse effect on institutional discipline.
	2057	+	17 (c-1) In deciding whether to grant or deny parole, the
	2058	+	18 Board shall consider the following factors:
	2059	+	19 (1) participation in rehabilitative programming
	2060	+	20 available to the petitioner, including, but not limited
	2061	+	21 to, educational courses, vocational courses, life skills
	2062	+	22 courses, individual or group counseling courses, civics
	2063	+	23 education courses, peer education courses, independent
	2064	+	24 studies courses, substance abuse counseling courses, and
	2065	+	25 behavior modification courses;
	2066	+	26 (2) participation in professional licensing courses or
	2067	+
	2068	+
	2069	+
	2070	+
	2071	+
	2072	+	SB0019 - 57 - LRB104 08032 JDS 18078 b
	2073	+
	2074	+
	2075	+	SB0019- 58 -LRB104 08032 JDS 18078 b SB0019 - 58 - LRB104 08032 JDS 18078 b
	2076	+	SB0019 - 58 - LRB104 08032 JDS 18078 b
	2077	+	1 on-the-job training courses;
	2078	+	2 (3) letters from correctional staff, educational
	2079	+	3 faculty, community members, friends, and other
	2080	+	4 incarcerated persons;
	2081	+	5 (4) the petitioner's potential for rehabilitation or
	2082	+	6 the evidence of rehabilitation in the petitioner;
	2083	+	7 (5) the applicant's age at the time of the offense;
	2084	+	8 (6) the circumstances of the offense and the
	2085	+	9 petitioner's role and degree of participation in the
	2086	+	10 offense;
	2087	+	11 (7) the presence of a cognitive or developmental
	2088	+	12 disability in the petitioner at the time of the offense;
	2089	+	13 (8) the petitioner's family, home environment, and
	2090	+	14 educational and social background at the time of the
	2091	+	15 offense;
	2092	+	16 (9) evidence that the petitioner has suffered from
	2093	+	17 post-traumatic stress disorder, adverse childhood
	2094	+	18 experiences, or other traumas that could have been a
	2095	+	19 contributing factor to a person's criminal behavior and
	2096	+	20 participation in the offense;
	2097	+	21 (10) the presence or expression by the petitioner of
	2098	+	22 remorse, compassion, or insight of harm and collateral
	2099	+	23 effects experienced by the victims;
	2100	+	24 (11) the commission of a serious disciplinary
	2101	+	25 infraction within the previous 5 years;
	2102	+	26 (12) a pattern of fewer serious institutional
	2103	+
	2104	+
	2105	+
	2106	+
	2107	+
	2108	+	SB0019 - 58 - LRB104 08032 JDS 18078 b
	2109	+
	2110	+
	2111	+	SB0019- 59 -LRB104 08032 JDS 18078 b SB0019 - 59 - LRB104 08032 JDS 18078 b
	2112	+	SB0019 - 59 - LRB104 08032 JDS 18078 b
	2113	+	1 disciplinary infractions within the previous 2 years;
	2114	+	2 (13) evidence that the petitioner has any serious
	2115	+	3 medical conditions;
	2116	+	4 (14) evidence that the Department is unable to meet
	2117	+	5 the petitioner's medical needs;
	2118	+	6 (15) the petitioner's reentry plan, including, but not
	2119	+	7 limited to, residence plans, employment plans, continued
	2120	+	8 education plans, rehabilitation plans, and counseling
	2121	+	9 plans.
	2122	+	10 No one factor listed in this subsection (c-1) shall be
	2123	+	11 dispositive.
	2124	+	12 (d) (Blank).
	2125	+	13 (d-1) The Board shall, upon due notice, give a hearing to
	2126	+	14 all petitioners for medical release and all candidates for
	2127	+	15 parole, allowing representation by counsel, if desired, or the
	2128	+	16 assistance of advocates and supporters, if desired.
	2129	+	17 (d-2) All petitioners for medical release and all
	2130	+	18 candidates for parole appearing before the Prisoner Review
	2131	+	19 Board shall be afforded the opportunity to appear in person or
	2132	+	20 via interactive video teleconference.
	2133	+	21 (d-3) Clemency petitioners who are currently incarcerated
	2134	+	22 and their legal counsel, if retained, shall be afforded the
	2135	+	23 opportunity to a pre-hearing conference in person or via
	2136	+	24 interactive video teleconference with at least one Board
	2137	+	25 member.
	2138	+	26 (e) A person who has served the maximum term of
	2139	+
	2140	+
	2141	+
	2142	+
	2143	+
	2144	+	SB0019 - 59 - LRB104 08032 JDS 18078 b
	2145	+
	2146	+
	2147	+	SB0019- 60 -LRB104 08032 JDS 18078 b SB0019 - 60 - LRB104 08032 JDS 18078 b
	2148	+	SB0019 - 60 - LRB104 08032 JDS 18078 b
	2149	+	1 imprisonment imposed at the time of sentencing less time
	2150	+	2 credit for good behavior shall be released on parole to serve a
	2151	+	3 period of parole under Section 5-8-1.
	2152	+	4 (f) The Board shall render its decision within a
	2153	+	5 reasonable time after hearing and shall state the basis
	2154	+	6 therefor both in the records of the Board and in written notice
	2155	+	7 to the person on whose application it has acted. In its
	2156	+	8 decision, the Board shall set the person's time for parole, or
	2157	+	9 if it denies parole it shall provide for a rehearing not less
	2158	+	10 frequently than once every year, except that the Board may,
	2159	+	11 after denying parole, schedule a rehearing no later than 5
	2160	+	12 years from the date of the parole denial, if the Board finds
	2161	+	13 that it is not reasonable to expect that parole would be
	2162	+	14 granted at a hearing prior to the scheduled rehearing date. If
	2163	+	15 the Board shall parole a person, and, if he or she is not
	2164	+	16 released within 90 days from the effective date of the order
	2165	+	17 granting parole, the matter shall be returned to the Board for
	2166	+	18 review. If the Board denies parole, the written notice must
	2167	+	19 include an explanation of each factor the Board relied on in
	2168	+	20 making its decision to deny parole and what factors and goals
	2169	+	21 the applicant should focus on and try to meet to be granted
	2170	+	22 parole at a subsequent hearing.
	2171	+	23 (f-1) If the Board paroles a person who is eligible for
	2172	+	24 commitment as a sexually violent person, the effective date of
	2173	+	25 the Board's order shall be stayed for 90 days for the purpose
	2174	+	26 of evaluation and proceedings under the Sexually Violent
	2175	+
	2176	+
	2177	+
	2178	+
	2179	+
	2180	+	SB0019 - 60 - LRB104 08032 JDS 18078 b
	2181	+
	2182	+
	2183	+	SB0019- 61 -LRB104 08032 JDS 18078 b SB0019 - 61 - LRB104 08032 JDS 18078 b
	2184	+	SB0019 - 61 - LRB104 08032 JDS 18078 b
	2185	+	1 Persons Commitment Act.
	2186	+	2 (g) The Board shall maintain a registry of decisions in
	2187	+	3 which parole has been granted, which shall include the name
	2188	+	4 and case number of the prisoner, the highest charge for which
	2189	+	5 the prisoner was sentenced, the length of sentence imposed,
	2190	+	6 the date of the sentence, the date of the parole, and the basis
	2191	+	7 for the decision of the Board to grant parole and the vote of
	2192	+	8 the Board on any such decisions. The registry shall be made
	2193	+	9 available for public inspection and copying during business
	2194	+	10 hours and shall be a public record pursuant to the provisions
	2195	+	11 of the Freedom of Information Act.
	2196	+	12 (h) The Board shall promulgate rules regarding the
	2197	+	13 exercise of its discretion under this Section.
	2198	+	14 (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;
	2199	+	15 99-628, eff. 1-1-17.)
	2200	+	16 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
	2201	+	17 Sec. 3-3-8. Length of parole and mandatory supervised
	2202	+	18 release; discharge.
	2203	+	19 (a) The length of parole for a person sentenced under the
	2204	+	20 law in effect prior to the effective date of this amendatory
	2205	+	21 Act of 1977 and the length of mandatory supervised release for
	2206	+	22 those sentenced under the law in effect on and after such
	2207	+	23 effective date shall be as set out in Section 5-8-1 unless
	2208	+	24 sooner terminated under paragraph (b) of this Section.
	2209	+	25 (b) The Prisoner Review Board may enter an order releasing
	2210	+
	2211	+
	2212	+
	2213	+
	2214	+
	2215	+	SB0019 - 61 - LRB104 08032 JDS 18078 b
	2216	+
	2217	+
	2218	+	SB0019- 62 -LRB104 08032 JDS 18078 b SB0019 - 62 - LRB104 08032 JDS 18078 b
	2219	+	SB0019 - 62 - LRB104 08032 JDS 18078 b
	2220	+	1 and discharging one from parole or mandatory supervised
	2221	+	2 release, and his or her commitment to the Department, when it
	2222	+	3 determines that he or she is likely to remain at liberty
	2223	+	4 without committing another offense. Before entering such an
	2224	+	5 order, the Prisoner Review Board shall provide notice and a
	2225	+	6 30-day opportunity to comment to any registered victim.
	2226	+	7 (b-1) Provided that the subject is in compliance with the
	2227	+	8 terms and conditions of his or her parole or mandatory
	2228	+	9 supervised release, the Prisoner Review Board shall reduce the
	2229	+	10 period of a parolee or releasee's parole or mandatory
	2230	+	11 supervised release by 90 days upon the parolee or releasee
	2231	+	12 receiving a high school diploma, associate's degree,
	2232	+	13 bachelor's degree, career certificate, or vocational technical
	2233	+	14 certification or upon passage of high school equivalency
	2234	+	15 testing during the period of his or her parole or mandatory
	2235	+	16 supervised release. A parolee or releasee shall provide
	2236	+	17 documentation from the educational institution or the source
	2237	+	18 of the qualifying educational or vocational credential to
	2238	+	19 their supervising officer for verification. Each reduction in
	2239	+	20 the period of a subject's term of parole or mandatory
	2240	+	21 supervised release shall be available only to subjects who
	2241	+	22 have not previously earned the relevant credential for which
	2242	+	23 they are receiving the reduction. As used in this Section,
	2243	+	24 "career certificate" means a certificate awarded by an
	2244	+	25 institution for satisfactory completion of a prescribed
	2245	+	26 curriculum that is intended to prepare an individual for
	2246	+
	2247	+
	2248	+
	2249	+
	2250	+
	2251	+	SB0019 - 62 - LRB104 08032 JDS 18078 b
	2252	+
	2253	+
	2254	+	SB0019- 63 -LRB104 08032 JDS 18078 b SB0019 - 63 - LRB104 08032 JDS 18078 b
	2255	+	SB0019 - 63 - LRB104 08032 JDS 18078 b
	2256	+	1 employment in a specific field.
	2257	+	2 (b-2) The Prisoner Review Board may release a low-risk and
	2258	+	3 need subject person from mandatory supervised release as
	2259	+	4 determined by an appropriate evidence-based risk and need
	2260	+	5 assessment.
	2261	+	6 (b-3) After the completion of at least 6 months for
	2262	+	7 offenses set forth in paragraphs (1.5) through (7) of
	2263	+	8 subsection (a) of Section 110-6.1 of the Code of Criminal
	2264	+	9 Procedure of 1963 and 3 months for all other offenses, and upon
	2265	+	10 completion of all mandatory conditions of parole or mandatory
	2266	+	11 supervised release set forth in paragraph (7.5) of subsection
	2267	+	12 (a) of Section 3-3-7 and subsection (b) of Section 3-3-7, the
	2268	+	13 Department of Corrections shall complete a report describing
	2269	+	14 whether the subject has completed the mandatory conditions of
	2270	+	15 parole or mandatory supervised release. The report shall
	2271	+	16 include whether the subject has complied with any mandatory
	2272	+	17 conditions of parole or mandatory supervised release relating
	2273	+	18 to orders of protection, civil no contact orders, or stalking
	2274	+	19 no contact orders. The report shall also indicate whether a
	2275	+	20 LEADS report reflects a conviction for a domestic violence
	2276	+	21 offense within the prior 5 years.
	2277	+	22 (c) The order of discharge shall become effective upon
	2278	+	23 entry of the order of the Board. The Board shall notify the
	2279	+	24 clerk of the committing court of the order. Upon receipt of
	2280	+	25 such copy, the clerk shall make an entry on the record judgment
	2281	+	26 that the sentence or commitment has been satisfied pursuant to
	2282	+
	2283	+
	2284	+
	2285	+
	2286	+
	2287	+	SB0019 - 63 - LRB104 08032 JDS 18078 b
	2288	+
	2289	+
	2290	+	SB0019- 64 -LRB104 08032 JDS 18078 b SB0019 - 64 - LRB104 08032 JDS 18078 b
	2291	+	SB0019 - 64 - LRB104 08032 JDS 18078 b
	2292	+	1 the order.
	2293	+	2 (d) Rights of the person discharged under this Section
	2294	+	3 shall be restored under Section 5-5-5.
	2295	+	4 (e) Upon a denial of early discharge under this Section,
	2296	+	5 the Prisoner Review Board shall provide the person on parole
	2297	+	6 or mandatory supervised release a list of steps or
	2298	+	7 requirements that the person must complete or meet to be
	2299	+	8 granted an early discharge at a subsequent review and share
	2300	+	9 the process for seeking a subsequent early discharge review
	2301	+	10 under this subsection. Upon the completion of such steps or
	2302	+	11 requirements, the person on parole or mandatory supervised
	2303	+	12 release may petition the Prisoner Review Board to grant them
	2304	+	13 an early discharge review. Within no more than 30 days of a
	2305	+	14 petition under this subsection, the Prisoner Review Board
	2306	+	15 shall review the petition and make a determination.
	2307	+	16 (Source: P.A. 103-271, eff. 1-1-24.)
	2308	+	17 (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
	2309	+	18 Sec. 3-3-9. Violations; changes of conditions; preliminary
	2310	+	19 hearing; revocation of parole or mandatory supervised release;
	2311	+	20 revocation hearing.
	2312	+	21 (a) If prior to expiration or termination of the term of
	2313	+	22 parole or mandatory supervised release, a person violates a
	2314	+	23 condition set by the Prisoner Review Board or a condition of
	2315	+	24 parole or mandatory supervised release under Section 3-3-7 of
	2316	+	25 this Code to govern that term, the Board may:
	2317	+
	2318	+
	2319	+
	2320	+
	2321	+
	2322	+	SB0019 - 64 - LRB104 08032 JDS 18078 b
	2323	+
	2324	+
	2325	+	SB0019- 65 -LRB104 08032 JDS 18078 b SB0019 - 65 - LRB104 08032 JDS 18078 b
	2326	+	SB0019 - 65 - LRB104 08032 JDS 18078 b
	2327	+	1 (1) continue the existing term, with or without
	2328	+	2 modifying or enlarging the conditions; or
	2329	+	3 (1.5) for those released as a result of youthful
	2330	+	4 offender parole as set forth in Section 5-4.5-115 of this
	2331	+	5 Code, order that the inmate be subsequently rereleased to
	2332	+	6 serve a specified mandatory supervised release term not to
	2333	+	7 exceed the full term permitted under the provisions of
	2334	+	8 Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
	2335	+	9 this Code and may modify or enlarge the conditions of the
	2336	+	10 release as the Board deems proper; or
	2337	+	11 (2) parole or release the person to a half-way house;
	2338	+	12 or
	2339	+	13 (3) revoke the parole or mandatory supervised release
	2340	+	14 and reconfine the person for a term computed in the
	2341	+	15 following manner:
	2342	+	16 (i) (A) For those sentenced under the law in
	2343	+	17 effect prior to this amendatory Act of 1977, the
	2344	+	18 recommitment shall be for any portion of the imposed
	2345	+	19 maximum term of imprisonment or confinement which had
	2346	+	20 not been served at the time of parole and the parole
	2347	+	21 term, less the time elapsed between the parole of the
	2348	+	22 person and the commission of the violation for which
	2349	+	23 parole was revoked;
	2350	+	24 (B) Except as set forth in paragraphs (C) and (D),
	2351	+	25 for those subject to mandatory supervised release
	2352	+	26 under paragraph (d) of Section 5-8-1 of this Code, the
	2353	+
	2354	+
	2355	+
	2356	+
	2357	+
	2358	+	SB0019 - 65 - LRB104 08032 JDS 18078 b
	2359	+
	2360	+
	2361	+	SB0019- 66 -LRB104 08032 JDS 18078 b SB0019 - 66 - LRB104 08032 JDS 18078 b
	2362	+	SB0019 - 66 - LRB104 08032 JDS 18078 b
	2363	+	1 recommitment shall be for the total mandatory
	2364	+	2 supervised release term, less the time elapsed between
	2365	+	3 the release of the person and the commission of the
	2366	+	4 violation for which mandatory supervised release is
	2367	+	5 revoked. The Board may also order that a prisoner
	2368	+	6 serve up to one year of the sentence imposed by the
	2369	+	7 court which was not served due to the accumulation of
	2370	+	8 sentence credit;
	2371	+	9 (C) For those subject to sex offender supervision
	2372	+	10 under clause (d)(4) of Section 5-8-1 of this Code, the
	2373	+	11 reconfinement period for violations of clauses (a)(3)
	2374	+	12 through (b-1)(15) of Section 3-3-7 shall not exceed 2
	2375	+	13 years from the date of reconfinement;
	2376	+	14 (D) For those released as a result of youthful
	2377	+	15 offender parole as set forth in Section 5-4.5-115 of
	2378	+	16 this Code, the reconfinement period shall be for the
	2379	+	17 total mandatory supervised release term, less the time
	2380	+	18 elapsed between the release of the person and the
	2381	+	19 commission of the violation for which mandatory
	2382	+	20 supervised release is revoked. The Board may also
	2383	+	21 order that a prisoner serve up to one year of the
	2384	+	22 mandatory supervised release term previously earned.
	2385	+	23 The Board may also order that the inmate be
	2386	+	24 subsequently rereleased to serve a specified mandatory
	2387	+	25 supervised release term not to exceed the full term
	2388	+	26 permitted under the provisions of Section 5-4.5-115
	2389	+
	2390	+
	2391	+
	2392	+
	2393	+
	2394	+	SB0019 - 66 - LRB104 08032 JDS 18078 b
	2395	+
	2396	+
	2397	+	SB0019- 67 -LRB104 08032 JDS 18078 b SB0019 - 67 - LRB104 08032 JDS 18078 b
	2398	+	SB0019 - 67 - LRB104 08032 JDS 18078 b
	2399	+	1 and subsection (d) of Section 5-8-1 of this Code and
	2400	+	2 may modify or enlarge the conditions of the release as
	2401	+	3 the Board deems proper;
	2402	+	4 (ii) the person shall be given credit against the
	2403	+	5 term of reimprisonment or reconfinement for time spent
	2404	+	6 in custody since he or she was paroled or released
	2405	+	7 which has not been credited against another sentence
	2406	+	8 or period of confinement;
	2407	+	9 (iii) (blank);
	2408	+	10 (iv) this Section is subject to the release under
	2409	+	11 supervision and the reparole and rerelease provisions
	2410	+	12 of Section 3-3-10.
	2411	+	13 (b) The Board may revoke parole or mandatory supervised
	2412	+	14 release for violation of a condition for the duration of the
	2413	+	15 term and for any further period which is reasonably necessary
	2414	+	16 for the adjudication of matters arising before its expiration.
	2415	+	17 The issuance of a warrant of arrest for an alleged violation of
	2416	+	18 the conditions of parole or mandatory supervised release shall
	2417	+	19 toll the running of the term until the final determination of
	2418	+	20 the charge. When parole or mandatory supervised release is not
	2419	+	21 revoked that period shall be credited to the term, unless a
	2420	+	22 community-based sanction is imposed as an alternative to
	2421	+	23 revocation and reincarceration, including a diversion
	2422	+	24 established by the Illinois Department of Corrections Parole
	2423	+	25 Services Unit prior to the holding of a preliminary parole
	2424	+	26 revocation hearing. Parolees who are diverted to a
	2425	+
	2426	+
	2427	+
	2428	+
	2429	+
	2430	+	SB0019 - 67 - LRB104 08032 JDS 18078 b
	2431	+
	2432	+
	2433	+	SB0019- 68 -LRB104 08032 JDS 18078 b SB0019 - 68 - LRB104 08032 JDS 18078 b
	2434	+	SB0019 - 68 - LRB104 08032 JDS 18078 b
	2435	+	1 community-based sanction shall serve the entire term of parole
	2436	+	2 or mandatory supervised release, if otherwise appropriate.
	2437	+	3 (b-5) The Board shall revoke parole or mandatory
	2438	+	4 supervised release for violation of the conditions prescribed
	2439	+	5 in paragraph (7.6) of subsection (a) of Section 3-3-7.
	2440	+	6 (c) A person charged with violating a condition of parole
	2441	+	7 or mandatory supervised release shall have a preliminary
	2442	+	8 hearing before a hearing officer designated by the Board to
	2443	+	9 determine if there is cause to hold the person for a revocation
	2444	+	10 hearing. However, no preliminary hearing need be held when
	2445	+	11 revocation is based upon new criminal charges and a court
	2446	+	12 finds probable cause on the new criminal charges or when the
	2447	+	13 revocation is based upon a new criminal conviction and a
	2448	+	14 certified copy of that conviction is available.
	2449	+	15 (d) Parole or mandatory supervised release shall not be
	2450	+	16 revoked without written notice to the offender setting forth
	2451	+	17 the violation of parole or mandatory supervised release
	2452	+	18 charged against him or her. Before the Board makes a decision
	2453	+	19 on whether to revoke an offender's parole or mandatory
	2454	+	20 supervised release, the Prisoner Review Board must run a LEADS
	2455	+	21 report. The Board shall publish on the Board's publicly
	2456	+	22 accessible website the name and identification number of
	2457	+	23 offenders who are alleged to have violated terms of parole or
	2458	+	24 mandatory supervised release and the Board's decision as to
	2459	+	25 whether to revoke parole or mandatory supervised release. This
	2460	+	26 information shall be accessible for a period of 60 days after
	2461	+
	2462	+
	2463	+
	2464	+
	2465	+
	2466	+	SB0019 - 68 - LRB104 08032 JDS 18078 b
	2467	+
	2468	+
	2469	+	SB0019- 69 -LRB104 08032 JDS 18078 b SB0019 - 69 - LRB104 08032 JDS 18078 b
	2470	+	SB0019 - 69 - LRB104 08032 JDS 18078 b
	2471	+	1 the information is posted.
	2472	+	2 (e) A hearing on revocation shall be conducted before at
	2473	+	3 least one member of the Prisoner Review Board. The Board may
	2474	+	4 meet and order its actions in panels of 3 or more members. The
	2475	+	5 action of a majority of the panel shall be the action of the
	2476	+	6 Board. A record of the hearing shall be made. At the hearing
	2477	+	7 the offender shall be permitted to:
	2478	+	8 (1) appear and answer the charge; and
	2479	+	9 (2) bring witnesses on his or her behalf.
	2480	+	10 (f) The Board shall either revoke parole or mandatory
	2481	+	11 supervised release or order the person's term continued with
	2482	+	12 or without modification or enlargement of the conditions.
	2483	+	13 (g) Parole or mandatory supervised release shall not be
	2484	+	14 revoked for failure to make payments under the conditions of
	2485	+	15 parole or release unless the Board determines that such
	2486	+	16 failure is due to the offender's willful refusal to pay.
	2487	+	17 (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
	2488	+	18 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
	2489	+	19 Sec. 3-3-13. Procedure for executive clemency.
	2490	+	20 (a) Petitions seeking pardon, commutation, or reprieve
	2491	+	21 shall be addressed to the Governor and filed with the Prisoner
	2492	+	22 Review Board. The petition shall be in writing and signed by
	2493	+	23 the person under conviction or by a person on his behalf. It
	2494	+	24 shall contain a brief history of the case, the reasons for
	2495	+	25 seeking executive clemency, and other relevant information the
	2496	+
	2497	+
	2498	+
	2499	+
	2500	+
	2501	+	SB0019 - 69 - LRB104 08032 JDS 18078 b
	2502	+
	2503	+
	2504	+	SB0019- 70 -LRB104 08032 JDS 18078 b SB0019 - 70 - LRB104 08032 JDS 18078 b
	2505	+	SB0019 - 70 - LRB104 08032 JDS 18078 b
	2506	+	1 Board may require.
	2507	+	2 (a-5) After a petition has been denied by the Governor,
	2508	+	3 the Board may not accept a repeat petition for executive
	2509	+	4 clemency for the same person until one full year has elapsed
	2510	+	5 from the date of the denial. The Chairman of the Board may
	2511	+	6 waive the one-year requirement if the petitioner offers in
	2512	+	7 writing new information that was unavailable to the petitioner
	2513	+	8 at the time of the filing of the prior petition and which the
	2514	+	9 Chairman determines to be significant. The Chairman also may
	2515	+	10 waive the one-year waiting period if the petitioner can show
	2516	+	11 that a change in circumstances of a compelling humanitarian
	2517	+	12 nature has arisen since the denial of the prior petition.
	2518	+	13 (b) Notice of the proposed application shall be given by
	2519	+	14 the Board to the committing court and the state's attorney of
	2520	+	15 the county where the conviction was had.
	2521	+	16 (b-5) Victims registered with the Board shall receive
	2522	+	17 reasonable written notice not less than 30 days prior to the
	2523	+	18 executive clemency hearing date. The victim has the right to
	2524	+	19 submit a victim statement, in support or opposition, to the
	2525	+	20 Prisoner Review Board for consideration at an executive
	2526	+	21 clemency hearing as provided in subsection (c) of this
	2527	+	22 Section. Victim statements provided to the Board shall be
	2528	+	23 confidential and privileged, including any statements received
	2529	+	24 prior to the effective date of this amendatory Act of the 101st
	2530	+	25 General Assembly, except if the statement was an oral
	2531	+	26 statement made by the victim at a hearing open to the public.
	2532	+
	2533	+
	2534	+
	2535	+
	2536	+
	2537	+	SB0019 - 70 - LRB104 08032 JDS 18078 b
	2538	+
	2539	+
	2540	+	SB0019- 71 -LRB104 08032 JDS 18078 b SB0019 - 71 - LRB104 08032 JDS 18078 b
	2541	+	SB0019 - 71 - LRB104 08032 JDS 18078 b
	2542	+	1 (c) The Board shall, upon due notice, give a hearing to
	2543	+	2 each application, allowing representation by counsel, if
	2544	+	3 desired, after which it shall confidentially advise the
	2545	+	4 Governor by a written report of its recommendations which
	2546	+	5 shall be determined by majority vote. The written report to
	2547	+	6 the Governor shall be confidential and privileged, including
	2548	+	7 any reports made prior to the effective date of this
	2549	+	8 amendatory Act of the 101st General Assembly. The Board shall
	2550	+	9 meet to consider such petitions no less than 4 times each year.
	2551	+	10 (d) The Governor shall decide each application and
	2552	+	11 communicate his decision to the Board which shall notify the
	2553	+	12 petitioner.
	2554	+	13 In the event a petitioner who has been convicted of a Class
	2555	+	14 X felony is granted a release, after the Governor has
	2556	+	15 communicated such decision to the Board, the Board shall give
	2557	+	16 written notice to the Sheriff of the county from which the
	2558	+	17 offender was sentenced if such sheriff has requested that such
	2559	+	18 notice be given on a continuing basis. In cases where arrest of
	2560	+	19 the offender or the commission of the offense took place in any
	2561	+	20 municipality with a population of more than 10,000 persons,
	2562	+	21 the Board shall also give written notice to the proper law
	2563	+	22 enforcement agency for said municipality which has requested
	2564	+	23 notice on a continuing basis.
	2565	+	24 (e) Nothing in this Section shall be construed to limit
	2566	+	25 the power of the Governor under the constitution to grant a
	2567	+	26 reprieve, commutation of sentence, or pardon.
	2568	+
	2569	+
	2570	+
	2571	+
	2572	+
	2573	+	SB0019 - 71 - LRB104 08032 JDS 18078 b
	2574	+
	2575	+
	2576	+	SB0019- 72 -LRB104 08032 JDS 18078 b SB0019 - 72 - LRB104 08032 JDS 18078 b
	2577	+	SB0019 - 72 - LRB104 08032 JDS 18078 b
	2578	+	1 (Source: P.A. 103-51, eff. 1-1-24.)
	2579	+	2 (730 ILCS 5/3-3-14)
	2580	+	3 Sec. 3-3-14. Procedure for medical release.
	2581	+	4 (a) Definitions.
	2582	+	5 (1) As used in this Section, "medically incapacitated"
	2583	+	6 means that a petitioner an inmate has any diagnosable
	2584	+	7 medical condition, including dementia and severe,
	2585	+	8 permanent medical or cognitive disability, that prevents
	2586	+	9 the petitioner inmate from completing more than one
	2587	+	10 activity of daily living without assistance or that
	2588	+	11 incapacitates the petitioner inmate to the extent that
	2589	+	12 institutional confinement does not offer additional
	2590	+	13 restrictions, and that the condition is unlikely to
	2591	+	14 improve noticeably in the future.
	2592	+	15 (2) As used in this Section, "terminal illness" means
	2593	+	16 a condition that satisfies all of the following criteria:
	2594	+	17 (i) the condition is irreversible and incurable;
481	2595		18 and
482		-	19 (iii) have the authority to make
483		-	20 recommendations to employees and offices of the
484		-	21 State of Illinois to respond more effectively to
485		-	22 the needs of crime victims, including regarding
486		-	23 the violation of the rights of a crime victim.
487		-	24 (F) Crime victims' rights may also be asserted by
488		-	25 filing a complaint for mandamus, injunctive, or
489		-	26 declaratory relief in the jurisdiction in which the
490		-
491		-
492		-
493		-
494		-
495		-	SB0019 Engrossed - 14 - LRB104 08032 JDS 18078 b
496		-
497		-
498		-	SB0019 Engrossed- 15 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 15 - LRB104 08032 JDS 18078 b
499		-	SB0019 Engrossed - 15 - LRB104 08032 JDS 18078 b
500		-	1 victim's right is being violated or where the crime is
501		-	2 being prosecuted. For complaints or motions filed by
502		-	3 or on behalf of the victim, the clerk of court shall
503		-	4 waive filing fees that would otherwise be owed by the
504		-	5 victim for any court filing with the purpose of
505		-	6 enforcing crime victims' rights. If the court denies
506		-	7 the relief sought by the victim, the reasons for the
507		-	8 denial shall be clearly stated on the record in the
508		-	9 transcript of the proceedings, in a written opinion,
509		-	10 or in the docket entry, and the victim may appeal the
510		-	11 circuit court's decision to the appellate court. The
511		-	12 court shall issue prompt rulings regarding victims'
512		-	13 rights. Proceedings seeking to enforce victims' rights
513		-	14 shall not be stayed or subject to unreasonable delay
514		-	15 via continuances.
515		-	16 (5) Violation of rights and remedies.
516		-	17 (A) If the court determines that a victim's right
517		-	18 has been violated, the court shall determine the
518		-	19 appropriate remedy for the violation of the victim's
519		-	20 right by hearing from the victim and the parties,
520		-	21 considering all factors relevant to the issue, and
521		-	22 then awarding appropriate relief to the victim.
522		-	23 (A-5) Consideration of an issue of a substantive
523		-	24 nature or an issue that implicates the constitutional
524		-	25 or statutory right of a victim at a court proceeding
525		-	26 labeled as a status hearing shall constitute a per se
526		-
527		-
528		-
529		-
530		-
531		-	SB0019 Engrossed - 15 - LRB104 08032 JDS 18078 b
532		-
533		-
534		-	SB0019 Engrossed- 16 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 16 - LRB104 08032 JDS 18078 b
535		-	SB0019 Engrossed - 16 - LRB104 08032 JDS 18078 b
536		-	1 violation of a victim's right.
537		-	2 (B) The appropriate remedy shall include only
538		-	3 actions necessary to provide the victim the right to
539		-	4 which the victim was entitled. Remedies may include,
540		-	5 but are not limited to: injunctive relief requiring
541		-	6 the victim's right to be afforded; declaratory
542		-	7 judgment recognizing or clarifying the victim's
543		-	8 rights; a writ of mandamus; and may include reopening
544		-	9 previously held proceedings; however, in no event
545		-	10 shall the court vacate a conviction. Any remedy shall
546		-	11 be tailored to provide the victim an appropriate
547		-	12 remedy without violating any constitutional right of
548		-	13 the defendant. In no event shall the appropriate
549		-	14 remedy to the victim be a new trial or damages.
550		-	15 The court shall impose a mandatory training course
551		-	16 provided by the Attorney General for the employee under
552		-	17 item (ii) of subparagraph (E) of paragraph (4), which must
553		-	18 be successfully completed within 6 months of the entry of
554		-	19 the court order.
555		-	20 This paragraph (5) takes effect January 2, 2023.
556		-	21 (6) Right to be heard. Whenever a victim has the right
557		-	22 to be heard, the court shall allow the victim to exercise
558		-	23 the right in any reasonable manner the victim chooses.
559		-	24 (7) Right to attend trial. A party must file a written
560		-	25 motion to exclude a victim from trial at least 60 days
561		-	26 prior to the date set for trial. The motion must state with
562		-
563		-
564		-
565		-
566		-
567		-	SB0019 Engrossed - 16 - LRB104 08032 JDS 18078 b
568		-
569		-
570		-	SB0019 Engrossed- 17 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 17 - LRB104 08032 JDS 18078 b
571		-	SB0019 Engrossed - 17 - LRB104 08032 JDS 18078 b
572		-	1 specificity the reason exclusion is necessary to protect a
573		-	2 constitutional right of the party, and must contain an
574		-	3 offer of proof. The court shall rule on the motion within
575		-	4 30 days. If the motion is granted, the court shall set
576		-	5 forth on the record the facts that support its finding
577		-	6 that the victim's testimony will be materially affected if
578		-	7 the victim hears other testimony at trial.
579		-	8 (8) Right to have advocate and support person present
580		-	9 at court proceedings.
581		-	10 (A) A party who intends to call an advocate as a
582		-	11 witness at trial must seek permission of the court
583		-	12 before the subpoena is issued. The party must file a
584		-	13 written motion at least 90 days before trial that sets
585		-	14 forth specifically the issues on which the advocate's
586		-	15 testimony is sought and an offer of proof regarding
587		-	16 (i) the content of the anticipated testimony of the
588		-	17 advocate; and (ii) the relevance, admissibility, and
589		-	18 materiality of the anticipated testimony. The court
590		-	19 shall consider the motion and make findings within 30
591		-	20 days of the filing of the motion. If the court finds by
592		-	21 a preponderance of the evidence that: (i) the
593		-	22 anticipated testimony is not protected by an absolute
594		-	23 privilege; and (ii) the anticipated testimony contains
595		-	24 relevant, admissible, and material evidence that is
596		-	25 not available through other witnesses or evidence, the
597		-	26 court shall issue a subpoena requiring the advocate to
598		-
599		-
600		-
601		-
602		-
603		-	SB0019 Engrossed - 17 - LRB104 08032 JDS 18078 b
604		-
605		-
606		-	SB0019 Engrossed- 18 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 18 - LRB104 08032 JDS 18078 b
607		-	SB0019 Engrossed - 18 - LRB104 08032 JDS 18078 b
608		-	1 appear to testify at an in camera hearing. The
609		-	2 prosecuting attorney and the victim shall have 15 days
610		-	3 to seek appellate review before the advocate is
611		-	4 required to testify at an ex parte in camera
612		-	5 proceeding.
613		-	6 The prosecuting attorney, the victim, and the
614		-	7 advocate's attorney shall be allowed to be present at
615		-	8 the ex parte in camera proceeding. If, after
616		-	9 conducting the ex parte in camera hearing, the court
617		-	10 determines that due process requires any testimony
618		-	11 regarding confidential or privileged information or
619		-	12 communications, the court shall provide to the
620		-	13 prosecuting attorney, the victim, and the advocate's
621		-	14 attorney a written memorandum on the substance of the
622		-	15 advocate's testimony. The prosecuting attorney, the
623		-	16 victim, and the advocate's attorney shall have 15 days
624		-	17 to seek appellate review before a subpoena may be
625		-	18 issued for the advocate to testify at trial. The
626		-	19 presence of the prosecuting attorney at the ex parte
627		-	20 in camera proceeding does not make the substance of
628		-	21 the advocate's testimony that the court has ruled
629		-	22 inadmissible subject to discovery.
630		-	23 (B) If a victim has asserted the right to have a
631		-	24 support person present at the court proceedings, the
632		-	25 victim shall provide the name of the person the victim
633		-	26 has chosen to be the victim's support person to the
634		-
635		-
636		-
637		-
638		-
639		-	SB0019 Engrossed - 18 - LRB104 08032 JDS 18078 b
640		-
641		-
642		-	SB0019 Engrossed- 19 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 19 - LRB104 08032 JDS 18078 b
643		-	SB0019 Engrossed - 19 - LRB104 08032 JDS 18078 b
644		-	1 prosecuting attorney, within 60 days of trial. The
645		-	2 prosecuting attorney shall provide the name to the
646		-	3 defendant. If the defendant intends to call the
647		-	4 support person as a witness at trial, the defendant
648		-	5 must seek permission of the court before a subpoena is
649		-	6 issued. The defendant must file a written motion at
650		-	7 least 45 days prior to trial that sets forth
651		-	8 specifically the issues on which the support person
652		-	9 will testify and an offer of proof regarding: (i) the
653		-	10 content of the anticipated testimony of the support
654		-	11 person; and (ii) the relevance, admissibility, and
655		-	12 materiality of the anticipated testimony.
656		-	13 If the prosecuting attorney intends to call the
657		-	14 support person as a witness during the State's
658		-	15 case-in-chief, the prosecuting attorney shall inform
659		-	16 the court of this intent in the response to the
660		-	17 defendant's written motion. The victim may choose a
661		-	18 different person to be the victim's support person.
662		-	19 The court may allow the defendant to inquire about
663		-	20 matters outside the scope of the direct examination
664		-	21 during cross-examination. If the court allows the
665		-	22 defendant to do so, the support person shall be
666		-	23 allowed to remain in the courtroom after the support
667		-	24 person has testified. A defendant who fails to
668		-	25 question the support person about matters outside the
669		-	26 scope of direct examination during the State's
670		-
671		-
672		-
673		-
674		-
675		-	SB0019 Engrossed - 19 - LRB104 08032 JDS 18078 b
676		-
677		-
678		-	SB0019 Engrossed- 20 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 20 - LRB104 08032 JDS 18078 b
679		-	SB0019 Engrossed - 20 - LRB104 08032 JDS 18078 b
680		-	1 case-in-chief waives the right to challenge the
681		-	2 presence of the support person on appeal. The court
682		-	3 shall allow the support person to testify if called as
683		-	4 a witness in the defendant's case-in-chief or the
684		-	5 State's rebuttal.
685		-	6 If the court does not allow the defendant to
686		-	7 inquire about matters outside the scope of the direct
687		-	8 examination, the support person shall be allowed to
688		-	9 remain in the courtroom after the support person has
689		-	10 been called by the defendant or the defendant has
690		-	11 rested. The court shall allow the support person to
691		-	12 testify in the State's rebuttal.
692		-	13 If the prosecuting attorney does not intend to
693		-	14 call the support person in the State's case-in-chief,
694		-	15 the court shall verify with the support person whether
695		-	16 the support person, if called as a witness, would
696		-	17 testify as set forth in the offer of proof. If the
697		-	18 court finds that the support person would testify as
698		-	19 set forth in the offer of proof, the court shall rule
699		-	20 on the relevance, materiality, and admissibility of
700		-	21 the anticipated testimony. If the court rules the
701		-	22 anticipated testimony is admissible, the court shall
702		-	23 issue the subpoena. The support person may remain in
703		-	24 the courtroom after the support person testifies and
704		-	25 shall be allowed to testify in rebuttal.
705		-	26 If the court excludes the victim's support person
706		-
707		-
708		-
709		-
710		-
711		-	SB0019 Engrossed - 20 - LRB104 08032 JDS 18078 b
712		-
713		-
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715		-	SB0019 Engrossed - 21 - LRB104 08032 JDS 18078 b
716		-	1 during the State's case-in-chief, the victim shall be
717		-	2 allowed to choose another support person to be present
718		-	3 in court.
719		-	4 If the victim fails to designate a support person
720		-	5 within 60 days of trial and the defendant has
721		-	6 subpoenaed the support person to testify at trial, the
722		-	7 court may exclude the support person from the trial
723		-	8 until the support person testifies. If the court
724		-	9 excludes the support person the victim may choose
725		-	10 another person as a support person.
726		-	11 (9) Right to notice and hearing before disclosure of
727		-	12 confidential or privileged information or records.
728		-	13 (A) A defendant who seeks to subpoena testimony or
729		-	14 records of or concerning the victim that are
730		-	15 confidential or privileged by law must seek permission
731		-	16 of the court before the subpoena is issued. The
732		-	17 defendant must file a written motion and an offer of
733		-	18 proof regarding the relevance, admissibility and
734		-	19 materiality of the testimony or records. If the court
735		-	20 finds by a preponderance of the evidence that:
736		-	21 (i) the testimony or records are not protected
737		-	22 by an absolute privilege and
738		-	23 (ii) the testimony or records contain
739		-	24 relevant, admissible, and material evidence that
740		-	25 is not available through other witnesses or
741		-	26 evidence, the court shall issue a subpoena
742		-
743		-
744		-
745		-
746		-
747		-	SB0019 Engrossed - 21 - LRB104 08032 JDS 18078 b
748		-
749		-
750		-	SB0019 Engrossed- 22 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 22 - LRB104 08032 JDS 18078 b
751		-	SB0019 Engrossed - 22 - LRB104 08032 JDS 18078 b
752		-	1 requiring the witness to appear in camera or a
753		-	2 sealed copy of the records be delivered to the
754		-	3 court to be reviewed in camera. If, after
755		-	4 conducting an in camera review of the witness
756		-	5 statement or records, the court determines that
757		-	6 due process requires disclosure of any potential
758		-	7 testimony or any portion of the records, the court
759		-	8 shall provide copies of the records that it
760		-	9 intends to disclose to the prosecuting attorney
761		-	10 and the victim. The prosecuting attorney and the
762		-	11 victim shall have 30 days to seek appellate review
763		-	12 before the records are disclosed to the defendant,
764		-	13 used in any court proceeding, or disclosed to
765		-	14 anyone or in any way that would subject the
766		-	15 testimony or records to public review. The
767		-	16 disclosure of copies of any portion of the
768		-	17 testimony or records to the prosecuting attorney
769		-	18 under this Section does not make the records
770		-	19 subject to discovery or required to be provided to
771		-	20 the defendant.
772		-	21 (B) A prosecuting attorney who seeks to subpoena
773		-	22 information or records concerning the victim that are
774		-	23 confidential or privileged by law must first request
775		-	24 the written consent of the crime victim. If the victim
776		-	25 does not provide such written consent, including where
777		-	26 necessary the appropriate signed document required for
778		-
779		-
780		-
781		-
782		-
783		-	SB0019 Engrossed - 22 - LRB104 08032 JDS 18078 b
784		-
785		-
786		-	SB0019 Engrossed- 23 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 23 - LRB104 08032 JDS 18078 b
787		-	SB0019 Engrossed - 23 - LRB104 08032 JDS 18078 b
788		-	1 waiving privilege, the prosecuting attorney must serve
789		-	2 the subpoena at least 21 days prior to the date a
790		-	3 response or appearance is required to allow the
791		-	4 subject of the subpoena time to file a motion to quash
792		-	5 or request a hearing. The prosecuting attorney must
793		-	6 also send a written notice to the victim at least 21
794		-	7 days prior to the response date to allow the victim to
795		-	8 file a motion or request a hearing. The notice to the
796		-	9 victim shall inform the victim (i) that a subpoena has
797		-	10 been issued for confidential information or records
798		-	11 concerning the victim, (ii) that the victim has the
799		-	12 right to request a hearing prior to the response date
800		-	13 of the subpoena, and (iii) how to request the hearing.
801		-	14 The notice to the victim shall also include a copy of
802		-	15 the subpoena. If requested, a hearing regarding the
803		-	16 subpoena shall occur before information or records are
804		-	17 provided to the prosecuting attorney.
805		-	18 (10) Right to notice of court proceedings. If the
806		-	19 victim is not present at a court proceeding in which a
807		-	20 right of the victim is at issue, the court shall ask the
808		-	21 prosecuting attorney whether the victim was notified of
809		-	22 the time, place, and purpose of the court proceeding and
810		-	23 that the victim had a right to be heard at the court
811		-	24 proceeding. If the court determines that timely notice was
812		-	25 not given or that the victim was not adequately informed
813		-	26 of the nature of the court proceeding, the court shall not
814		-
815		-
816		-
817		-
818		-
819		-	SB0019 Engrossed - 23 - LRB104 08032 JDS 18078 b
820		-
821		-
822		-	SB0019 Engrossed- 24 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 24 - LRB104 08032 JDS 18078 b
823		-	SB0019 Engrossed - 24 - LRB104 08032 JDS 18078 b
824		-	1 rule on any substantive issues, accept a plea, or impose a
825		-	2 sentence and shall continue the hearing for the time
826		-	3 necessary to notify the victim of the time, place and
827		-	4 nature of the court proceeding. The time between court
828		-	5 proceedings shall not be attributable to the State under
829		-	6 Section 103-5 of the Code of Criminal Procedure of 1963.
830		-	7 (11) Right to timely disposition of the case. A victim
831		-	8 has the right to timely disposition of the case so as to
832		-	9 minimize the stress, cost, and inconvenience resulting
833		-	10 from the victim's involvement in the case. Before ruling
834		-	11 on a motion to continue trial or other court proceeding,
835		-	12 the court shall inquire into the circumstances for the
836		-	13 request for the delay and, if the victim has provided
837		-	14 written notice of the assertion of the right to a timely
838		-	15 disposition, and whether the victim objects to the delay.
839		-	16 If the victim objects, the prosecutor shall inform the
840		-	17 court of the victim's objections. If the prosecutor has
841		-	18 not conferred with the victim about the continuance, the
842		-	19 prosecutor shall inform the court of the attempts to
843		-	20 confer. If the court finds the attempts of the prosecutor
844		-	21 to confer with the victim were inadequate to protect the
845		-	22 victim's right to be heard, the court shall give the
846		-	23 prosecutor at least 3 but not more than 5 business days to
847		-	24 confer with the victim. In ruling on a motion to continue,
848		-	25 the court shall consider the reasons for the requested
849		-	26 continuance, the number and length of continuances that
850		-
851		-
852		-
853		-
854		-
855		-	SB0019 Engrossed - 24 - LRB104 08032 JDS 18078 b
856		-
857		-
858		-	SB0019 Engrossed- 25 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 25 - LRB104 08032 JDS 18078 b
859		-	SB0019 Engrossed - 25 - LRB104 08032 JDS 18078 b
860		-	1 have been granted, the victim's objections and procedures
861		-	2 to avoid further delays. If a continuance is granted over
862		-	3 the victim's objection, the court shall specify on the
863		-	4 record the reasons for the continuance and the procedures
864		-	5 that have been or will be taken to avoid further delays.
865		-	6 (12) Right to Restitution.
866		-	7 (A) If the victim has asserted the right to
867		-	8 restitution and the amount of restitution is known at
868		-	9 the time of sentencing, the court shall enter the
869		-	10 judgment of restitution at the time of sentencing.
870		-	11 (B) If the victim has asserted the right to
871		-	12 restitution and the amount of restitution is not known
872		-	13 at the time of sentencing, the prosecutor shall,
873		-	14 within 5 days after sentencing, notify the victim what
874		-	15 information and documentation related to restitution
875		-	16 is needed and that the information and documentation
876		-	17 must be provided to the prosecutor within 45 days
877		-	18 after sentencing. Failure to timely provide
878		-	19 information and documentation related to restitution
879		-	20 shall be deemed a waiver of the right to restitution.
880		-	21 The prosecutor shall file and serve within 60 days
881		-	22 after sentencing a proposed judgment for restitution
882		-	23 and a notice that includes information concerning the
883		-	24 identity of any victims or other persons seeking
884		-	25 restitution, whether any victim or other person
885		-	26 expressly declines restitution, the nature and amount
886		-
887		-
888		-
889		-
890		-
891		-	SB0019 Engrossed - 25 - LRB104 08032 JDS 18078 b
892		-
893		-
894		-	SB0019 Engrossed- 26 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 26 - LRB104 08032 JDS 18078 b
895		-	SB0019 Engrossed - 26 - LRB104 08032 JDS 18078 b
896		-	1 of any damages together with any supporting
897		-	2 documentation, a restitution amount recommendation,
898		-	3 and the names of any co-defendants and their case
899		-	4 numbers. Within 30 days after receipt of the proposed
900		-	5 judgment for restitution, the defendant shall file any
901		-	6 objection to the proposed judgment, a statement of
902		-	7 grounds for the objection, and a financial statement.
903		-	8 If the defendant does not file an objection, the court
904		-	9 may enter the judgment for restitution without further
905		-	10 proceedings. If the defendant files an objection and
906		-	11 either party requests a hearing, the court shall
907		-	12 schedule a hearing.
908		-	13 (13) Access to presentence reports.
909		-	14 (A) The victim may request a copy of the
910		-	15 presentence report prepared under the Unified Code of
911		-	16 Corrections from the State's Attorney. The State's
912		-	17 Attorney shall redact the following information before
913		-	18 providing a copy of the report:
914		-	19 (i) the defendant's mental history and
915		-	20 condition;
916		-	21 (ii) any evaluation prepared under subsection
917		-	22 (b) or (b-5) of Section 5-3-2; and
918		-	23 (iii) the name, address, phone number, and
919		-	24 other personal information about any other victim.
920		-	25 (B) The State's Attorney or the defendant may
921		-	26 request the court redact other information in the
922		-
923		-
924		-
925		-
926		-
927		-	SB0019 Engrossed - 26 - LRB104 08032 JDS 18078 b
928		-
929		-
930		-	SB0019 Engrossed- 27 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 27 - LRB104 08032 JDS 18078 b
931		-	SB0019 Engrossed - 27 - LRB104 08032 JDS 18078 b
932		-	1 report that may endanger the safety of any person.
933		-	2 (C) The State's Attorney may orally disclose to
934		-	3 the victim any of the information that has been
935		-	4 redacted if there is a reasonable likelihood that the
936		-	5 information will be stated in court at the sentencing.
937		-	6 (D) The State's Attorney must advise the victim
938		-	7 that the victim must maintain the confidentiality of
939		-	8 the report and other information. Any dissemination of
940		-	9 the report or information that was not stated at a
941		-	10 court proceeding constitutes indirect criminal
942		-	11 contempt of court.
943		-	12 (14) Appellate relief. If the trial court denies the
944		-	13 relief requested, the victim, the victim's attorney, or
945		-	14 the prosecuting attorney may file an appeal within 30 days
946		-	15 of the trial court's ruling. The trial or appellate court
947		-	16 may stay the court proceedings if the court finds that a
948		-	17 stay would not violate a constitutional right of the
949		-	18 defendant. If the appellate court denies the relief
950		-	19 sought, the reasons for the denial shall be clearly stated
951		-	20 in a written opinion. In any appeal in a criminal case, the
952		-	21 State may assert as error the court's denial of any crime
953		-	22 victim's right in the proceeding to which the appeal
954		-	23 relates.
955		-	24 (15) Limitation on appellate relief. In no case shall
956		-	25 an appellate court provide a new trial to remedy the
957		-	26 violation of a victim's right.
958		-
959		-
960		-
961		-
962		-
963		-	SB0019 Engrossed - 27 - LRB104 08032 JDS 18078 b
964		-
965		-
966		-	SB0019 Engrossed- 28 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 28 - LRB104 08032 JDS 18078 b
967		-	SB0019 Engrossed - 28 - LRB104 08032 JDS 18078 b
968		-	1 (16) The right to be reasonably protected from the
969		-	2 accused throughout the criminal justice process and the
970		-	3 right to have the safety of the victim and the victim's
971		-	4 family considered in determining whether to release the
972		-	5 defendant, and setting conditions of release after arrest
973		-	6 and conviction. A victim of domestic violence, a sexual
974		-	7 offense, or stalking may request the entry of a protective
975		-	8 order under Article 112A of the Code of Criminal Procedure
976		-	9 of 1963.
977		-	10 (d) Procedures after the imposition of sentence.
978		-	11 (1) The Prisoner Review Board shall inform a victim or
979		-	12 any other concerned citizen, upon written request, of the
980		-	13 prisoner's release on parole, mandatory supervised
981		-	14 release, electronic detention, work release, international
982		-	15 transfer or exchange, or by the custodian, other than the
983		-	16 Department of Juvenile Justice, of the discharge of any
984		-	17 individual who was adjudicated a delinquent for a crime
985		-	18 from State custody and by the sheriff of the appropriate
986		-	19 county of any such person's final discharge from county
987		-	20 custody. The Prisoner Review Board, upon written request,
988		-	21 shall provide to a victim or any other concerned citizen a
989		-	22 recent photograph of any person convicted of a felony,
990		-	23 upon his or her release from custody. The Prisoner Review
991		-	24 Board, upon written request, shall inform a victim or any
992		-	25 other concerned citizen when feasible at least 7 days
993		-	26 prior to the prisoner's release on furlough of the times
994		-
995		-
996		-
997		-
998		-
999		-	SB0019 Engrossed - 28 - LRB104 08032 JDS 18078 b
1000		-
1001		-
1002		-	SB0019 Engrossed- 29 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 29 - LRB104 08032 JDS 18078 b
1003		-	SB0019 Engrossed - 29 - LRB104 08032 JDS 18078 b
1004		-	1 and dates of such furlough. Upon written request by the
1005		-	2 victim or any other concerned citizen, the State's
1006		-	3 Attorney shall notify the person once of the times and
1007		-	4 dates of release of a prisoner sentenced to periodic
1008		-	5 imprisonment. Notification shall be based on the most
1009		-	6 recent information as to the victim's or other concerned
1010		-	7 citizen's residence or other location available to the
1011		-	8 notifying authority.
1012		-	9 (1.5) The Prisoner Review Board shall notify a victim
1013		-	10 of a prisoner's pardon, commutation of sentence, release
1014		-	11 on furlough, or early release from State custody, if the
1015		-	12 victim has previously requested that notification. The
1016		-	13 notification shall be based upon the most recent
1017		-	14 information available to the Board as to the victim's
1018		-	15 residence or other location. The notification requirement
1019		-	16 under this paragraph (1.5) is in addition to any
1020		-	17 notification requirements under any other statewide victim
1021		-	18 notification systems. The Board shall document its efforts
1022		-	19 to provide the required notification if a victim alleges
1023		-	20 lack of notification under this paragraph (1.5).
1024		-	21 (2) When the defendant has been committed to the
1025		-	22 Department of Human Services pursuant to Section 5-2-4 or
1026		-	23 any other provision of the Unified Code of Corrections,
1027		-	24 the victim may request to be notified by the releasing
1028		-	25 authority of the approval by the court of an on-grounds
1029		-	26 pass, a supervised off-grounds pass, an unsupervised
1030		-
1031		-
1032		-
1033		-
1034		-
1035		-	SB0019 Engrossed - 29 - LRB104 08032 JDS 18078 b
1036		-
1037		-
1038		-	SB0019 Engrossed- 30 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 30 - LRB104 08032 JDS 18078 b
1039		-	SB0019 Engrossed - 30 - LRB104 08032 JDS 18078 b
1040		-	1 off-grounds pass, or conditional release; the release on
1041		-	2 an off-grounds pass; the return from an off-grounds pass;
1042		-	3 transfer to another facility; conditional release; escape;
1043		-	4 death; or final discharge from State custody. The
1044		-	5 Department of Human Services shall establish and maintain
1045		-	6 a statewide telephone number to be used by victims to make
1046		-	7 notification requests under these provisions and shall
1047		-	8 publicize this telephone number on its website and to the
1048		-	9 State's Attorney of each county.
1049		-	10 (3) In the event of an escape from State custody, the
1050		-	11 Department of Corrections or the Department of Juvenile
1051		-	12 Justice immediately shall notify the Prisoner Review Board
1052		-	13 of the escape and the Prisoner Review Board shall notify
1053		-	14 the victim. The notification shall be based upon the most
1054		-	15 recent information as to the victim's residence or other
1055		-	16 location available to the Board. When no such information
1056		-	17 is available, the Board shall make all reasonable efforts
1057		-	18 to obtain the information and make the notification. When
1058		-	19 the escapee is apprehended, the Department of Corrections
1059		-	20 or the Department of Juvenile Justice immediately shall
1060		-	21 notify the Prisoner Review Board and the Board shall
1061		-	22 notify the victim. The notification requirement under this
1062		-	23 paragraph (3) is in addition to any notification
1063		-	24 requirements under any other statewide victim notification
1064		-	25 systems. The Board shall document its efforts to provide
1065		-	26 the required notification if a victim alleges lack of
1066		-
1067		-
1068		-
1069		-
1070		-
1071		-	SB0019 Engrossed - 30 - LRB104 08032 JDS 18078 b
1072		-
1073		-
1074		-	SB0019 Engrossed- 31 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 31 - LRB104 08032 JDS 18078 b
1075		-	SB0019 Engrossed - 31 - LRB104 08032 JDS 18078 b
1076		-	1 notification under this paragraph (3).
1077		-	2 (4) The victim of the crime for which the prisoner has
1078		-	3 been sentenced has the right to register with the Prisoner
1079		-	4 Review Board's victim registry. Victims registered with
1080		-	5 the Board shall receive reasonable written notice not less
1081		-	6 than 30 days prior to the parole hearing or target
1082		-	7 aftercare release date. The victim has the right to submit
1083		-	8 a victim statement for consideration by the Prisoner
1084		-	9 Review Board or the Department of Juvenile Justice in
1085		-	10 writing, on film, videotape, or other electronic means, or
1086		-	11 in the form of a recording prior to the parole hearing or
1087		-	12 target aftercare release date, or in person at the parole
1088		-	13 hearing or aftercare release protest hearing, or by
1089		-	14 calling the toll-free number established in subsection (f)
1090		-	15 of this Section. The victim shall be notified within 7
1091		-	16 days after the prisoner has been granted parole or
1092		-	17 aftercare release and shall be informed of the right to
1093		-	18 inspect the registry of parole decisions, established
1094		-	19 under subsection (g) of Section 3-3-5 of the Unified Code
1095		-	20 of Corrections. The provisions of this paragraph (4) are
1096		-	21 subject to the Open Parole Hearings Act. Victim statements
1097		-	22 provided to the Board shall be confidential and
1098		-	23 privileged, including any statements received prior to
1099		-	24 January 1, 2020 (the effective date of Public Act
1100		-	25 101-288), except if the statement was an oral statement
1101		-	26 made by the victim at a hearing open to the public.
1102		-
1103		-
1104		-
1105		-
1106		-
1107		-	SB0019 Engrossed - 31 - LRB104 08032 JDS 18078 b
1108		-
1109		-
1110		-	SB0019 Engrossed- 32 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 32 - LRB104 08032 JDS 18078 b
1111		-	SB0019 Engrossed - 32 - LRB104 08032 JDS 18078 b
1112		-	1 (4-1) The crime victim, including any person who has
1113		-	2 had a final, plenary, non-emergency, or emergency
1114		-	3 protective order granted against the petitioner or parole
1115		-	4 candidate under Article 112A of the Code of Criminal
1116		-	5 Procedure of 1963, the Illinois Domestic Violence Act of
1117		-	6 1986, the Stalking No Contact Order Act, or the Civil No
1118		-	7 Contact Order Act, has the right to submit a victim
1119		-	8 statement, in support or opposition, for consideration by
1120		-	9 the Prisoner Review Board or the Department of Juvenile
1121		-	10 Justice prior to or at a hearing to determine the
1122		-	11 conditions of mandatory supervised release of a person
1123		-	12 sentenced to a determinate sentence or at a hearing on
1124		-	13 revocation of mandatory supervised release of a person
1125		-	14 sentenced to a determinate sentence. A victim statement
1126		-	15 may be submitted in writing, on film, videotape, or other
1127		-	16 electronic means, or in the form of a recording, or orally
1128		-	17 at a hearing, or by calling the toll-free number
1129		-	18 established in subsection (f) of this Section. Victim
1130		-	19 statements provided to the Board shall be confidential and
1131		-	20 privileged, including any statements received prior to
1132		-	21 January 1, 2020 (the effective date of Public Act
1133		-	22 101-288), except if the statement was an oral statement
1134		-	23 made by the victim at a hearing open to the public.
1135		-	24 (4-2) The crime victim, including any person who has
1136		-	25 had a final, plenary, non-emergency, or emergency
1137		-	26 protective order granted against the petitioner or parole
1138		-
1139		-
1140		-
1141		-
1142		-
1143		-	SB0019 Engrossed - 32 - LRB104 08032 JDS 18078 b
1144		-
1145		-
1146		-	SB0019 Engrossed- 33 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 33 - LRB104 08032 JDS 18078 b
1147		-	SB0019 Engrossed - 33 - LRB104 08032 JDS 18078 b
1148		-	1 candidate under Article 112A of the Code of Criminal
1149		-	2 Procedure of 1963, the Illinois Domestic Violence Act of
1150		-	3 1986, the Stalking No Contact Order Act, or the Civil No
1151		-	4 Contact Order Act, has the right to submit a victim
1152		-	5 statement, in support or opposition, to the Prisoner
1153		-	6 Review Board for consideration at an executive clemency
1154		-	7 hearing as provided in Section 3-3-13 of the Unified Code
1155		-	8 of Corrections. A victim statement may be submitted in
1156		-	9 writing, on film, videotape, or other electronic means, or
1157		-	10 in the form of a recording prior to a hearing, or orally at
1158		-	11 a hearing, or by calling the toll-free number established
1159		-	12 in subsection (f) of this Section. Victim statements
1160		-	13 provided to the Board shall be confidential and
1161		-	14 privileged, including any statements received prior to
1162		-	15 January 1, 2020 (the effective date of Public Act
1163		-	16 101-288), except if the statement was an oral statement
1164		-	17 made by the victim at a hearing open to the public.
1165		-	18 (5) If a statement is presented under Section 6, the
1166		-	19 Prisoner Review Board or Department of Juvenile Justice
1167		-	20 shall inform the victim of any order of discharge pursuant
1168		-	21 to Section 3-2.5-85 or 3-3-8 of the Unified Code of
1169		-	22 Corrections.
1170		-	23 (6) At the written or oral request of the victim of the
1171		-	24 crime for which the prisoner was sentenced or the State's
1172		-	25 Attorney of the county where the person seeking parole or
1173		-	26 aftercare release was prosecuted, the Prisoner Review
1174		-
1175		-
1176		-
1177		-
1178		-
1179		-	SB0019 Engrossed - 33 - LRB104 08032 JDS 18078 b
1180		-
1181		-
1182		-	SB0019 Engrossed- 34 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 34 - LRB104 08032 JDS 18078 b
1183		-	SB0019 Engrossed - 34 - LRB104 08032 JDS 18078 b
1184		-	1 Board or Department of Juvenile Justice shall notify the
1185		-	2 victim and the State's Attorney of the county where the
1186		-	3 person seeking parole or aftercare release was prosecuted
1187		-	4 of the death of the prisoner if the prisoner died while on
1188		-	5 parole or aftercare release or mandatory supervised
1189		-	6 release.
1190		-	7 (7) When a defendant who has been committed to the
1191		-	8 Department of Corrections, the Department of Juvenile
1192		-	9 Justice, or the Department of Human Services is released
1193		-	10 or discharged and subsequently committed to the Department
1194		-	11 of Human Services as a sexually violent person and the
1195		-	12 victim had requested to be notified by the releasing
1196		-	13 authority of the defendant's discharge, conditional
1197		-	14 release, death, or escape from State custody, the
1198		-	15 releasing authority shall provide to the Department of
1199		-	16 Human Services such information that would allow the
1200		-	17 Department of Human Services to contact the victim.
1201		-	18 (8) When a defendant has been convicted of a sex
1202		-	19 offense as defined in Section 2 of the Sex Offender
1203		-	20 Registration Act and has been sentenced to the Department
1204		-	21 of Corrections or the Department of Juvenile Justice, the
1205		-	22 Prisoner Review Board or the Department of Juvenile
1206		-	23 Justice shall notify the victim of the sex offense of the
1207		-	24 prisoner's eligibility for release on parole, aftercare
1208		-	25 release, mandatory supervised release, electronic
1209		-	26 detention, work release, international transfer or
1210		-
1211		-
1212		-
1213		-
1214		-
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1216		-
1217		-
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1219		-	SB0019 Engrossed - 35 - LRB104 08032 JDS 18078 b
1220		-	1 exchange, or by the custodian of the discharge of any
1221		-	2 individual who was adjudicated a delinquent for a sex
1222		-	3 offense from State custody and by the sheriff of the
1223		-	4 appropriate county of any such person's final discharge
1224		-	5 from county custody. The notification shall be made to the
1225		-	6 victim at least 30 days, whenever possible, before release
1226		-	7 of the sex offender.
1227		-	8 (e) The officials named in this Section may satisfy some
1228		-	9 or all of their obligations to provide notices and other
1229		-	10 information through participation in a statewide victim and
1230		-	11 witness notification system established by the Attorney
1231		-	12 General under Section 8.5 of this Act.
1232		-	13 (f) The Prisoner Review Board shall establish a toll-free
1233		-	14 number that may be accessed by the crime victim to present a
1234		-	15 victim statement to the Board in accordance with paragraphs
1235		-	16 (4), (4-1), and (4-2) of subsection (d). The Prisoner Review
1236		-	17 Board shall provide registered and identified victims with the
1237		-	18 contact information for the State victim assistance hotline as
1238		-	19 part of its process to obtain a victim witness statement and as
1239		-	20 part of its notification.
1240		-	21 (g) The Prisoner Review Board shall publish on its
1241		-	22 official website, and provide to registered victims,
1242		-	23 procedural information on how to submit victim statements.
1243		-	24 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
1244		-	25 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
1245		-	26 8-20-21; 102-813, eff. 5-13-22.)
1246		-
1247		-
1248		-
1249		-
1250		-
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1252		-
1253		-
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1255		-	SB0019 Engrossed - 36 - LRB104 08032 JDS 18078 b
1256		-	1 (725 ILCS 120/5) (from Ch. 38, par. 1405)
1257		-	2 Sec. 5. Rights of witnesses.
1258		-	3 (a) Witnesses as defined in subsection (b) of Section 3 of
1259		-	4 this Act shall have the following rights:
1260		-	5 (1) to be notified by the Office of the State's
1261		-	6 Attorney of all court proceedings at which the witness'
1262		-	7 presence is required in a reasonable amount of time prior
1263		-	8 to the proceeding, and to be notified of the cancellation
1264		-	9 of any scheduled court proceeding in sufficient time to
1265		-	10 prevent an unnecessary appearance in court, where
1266		-	11 possible;
1267		-	12 (2) to be provided with appropriate employer
1268		-	13 intercession services by the Office of the State's
1269		-	14 Attorney or the victim advocate personnel to ensure that
1270		-	15 employers of witnesses will cooperate with the criminal
1271		-	16 justice system in order to minimize an employee's loss of
1272		-	17 pay and other benefits resulting from court appearances;
1273		-	18 (3) to be provided, whenever possible, a secure
1274		-	19 waiting area during court proceedings that does not
1275		-	20 require witnesses to be in close proximity to defendants
1276		-	21 and their families and friends;
1277		-	22 (4) to be provided with notice by the Office of the
1278		-	23 State's Attorney, where necessary, of the right to have a
1279		-	24 translator present whenever the witness' presence is
1280		-	25 required and, in compliance with the federal Americans
1281		-
1282		-
1283		-
1284		-
1285		-
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1287		-
1288		-
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1290		-	SB0019 Engrossed - 37 - LRB104 08032 JDS 18078 b
1291		-	1 with Disabilities Act of 1990, to be provided with notice
1292		-	2 of the right to communications access through a sign
1293		-	3 language interpreter or by other means.
1294		-	4 (b) At the written request of the witness, the witness
1295		-	5 shall:
1296		-	6 (1) receive notice from the office of the State's
1297		-	7 Attorney of any request for post-conviction review filed
1298		-	8 by the defendant under Article 122 of the Code of Criminal
1299		-	9 Procedure of 1963, and of the date, time, and place of any
1300		-	10 hearing concerning the petition for post-conviction
1301		-	11 review; whenever possible, notice of the hearing on the
1302		-	12 petition shall be given in advance;
1303		-	13 (2) receive notice by the releasing authority of the
1304		-	14 defendant's discharge from State custody if the defendant
1305		-	15 was committed to the Department of Human Services under
1306		-	16 Section 5-2-4 or any other provision of the Unified Code
1307		-	17 of Corrections;
1308		-	18 (3) receive notice from the Prisoner Review Board of
1309		-	19 the prisoner's escape from State custody, after the Board
1310		-	20 has been notified of the escape by the Department of
1311		-	21 Corrections or the Department of Juvenile Justice; when
1312		-	22 the escapee is apprehended, the Department of Corrections
1313		-	23 or the Department of Juvenile Justice shall immediately
1314		-	24 notify the Prisoner Review Board and the Board shall
1315		-	25 notify the witness;
1316		-	26 (4) receive notice from the Prisoner Review Board or
1317		-
1318		-
1319		-
1320		-
1321		-
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1323		-
1324		-
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1327		-	1 the Department of Juvenile Justice of the prisoner's
1328		-	2 release on parole, aftercare release, electronic
1329		-	3 detention, work release or mandatory supervised release
1330		-	4 and of the prisoner's final discharge from parole,
1331		-	5 aftercare release, electronic detention, work release, or
1332		-	6 mandatory supervised release.
1333		-	7 (c) The crime victim, including any person who has had a
1334		-	8 final, plenary, non-emergency, or emergency protective order
1335		-	9 granted against the petitioner or parole candidate under
1336		-	10 Article 112A of the Code of Criminal Procedure of 1963, the
1337		-	11 Illinois Domestic Violence Act of 1986, the Stalking No
1338		-	12 Contact Order Act, or the Civil No Contact Order Act, has the
1339		-	13 right to submit a victim statement, in support or opposition,
1340		-	14 to the Prisoner Review Board for consideration at a medical
1341		-	15 release hearing as provided in Section 3-3-14 of the Unified
1342		-	16 Code of Corrections. A victim statement may be submitted in
1343		-	17 writing, on film, videotape, or other electronic means, or in
1344		-	18 the form of a recording prior to a hearing, or orally at a
1345		-	19 hearing, or by calling the toll-free number established in
1346		-	20 subsection (f) of Section 4.5. Victim statements provided to
1347		-	21 the Board shall be confidential and privileged, including any
1348		-	22 statements received prior to the effective date of this
1349		-	23 amendatory Act of the 102nd General Assembly, except if the
1350		-	24 statement was an oral statement made by the victim at a hearing
1351		-	25 open to the public.
1352		-	26 (Source: P.A. 102-494, eff. 1-1-22.)
1353		-
1354		-
1355		-
1356		-
1357		-
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1359		-
1360		-
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1362		-	SB0019 Engrossed - 39 - LRB104 08032 JDS 18078 b
1363		-	1 (725 ILCS 120/8.5)
1364		-	2 Sec. 8.5. Statewide victim and witness notification
1365		-	3 system.
1366		-	4 (a) The Attorney General may establish a crime victim and
1367		-	5 witness notification system to assist public officials in
1368		-	6 carrying out their duties to notify and inform crime victims
1369		-	7 and witnesses under Section 4.5 of this Act or under
1370		-	8 subsections (a), (a-2), and (a-3) of Section 120 of the Sex
1371		-	9 Offender Community Notification Law. The system shall download
1372		-	10 necessary information from participating officials into its
1373		-	11 computers, where it shall be maintained, updated, and
1374		-	12 automatically transmitted to victims and witnesses by
1375		-	13 telephone, computer, written notice, SMS text message, or
1376		-	14 other electronic means.
1377		-	15 (b) The Illinois Department of Corrections, the Department
1378		-	16 of Juvenile Justice, the Department of Human Services, and the
1379		-	17 Prisoner Review Board shall cooperate with the Attorney
1380		-	18 General in the implementation of this Section and shall
1381		-	19 provide information as necessary to the effective operation of
1382		-	20 the system.
1383		-	21 (c) State's attorneys, circuit court clerks, and local law
1384		-	22 enforcement and correctional authorities may enter into
1385		-	23 agreements with the Attorney General for participation in the
1386		-	24 system. The Attorney General may provide those who elect to
1387		-	25 participate with the equipment, software, or training
1388		-
1389		-
1390		-
1391		-
1392		-
1393		-	SB0019 Engrossed - 39 - LRB104 08032 JDS 18078 b
1394		-
1395		-
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1397		-	SB0019 Engrossed - 40 - LRB104 08032 JDS 18078 b
1398		-	1 necessary to bring their offices into the system.
1399		-	2 (d) The provision of information to crime victims and
1400		-	3 witnesses through the Attorney General's notification system
1401		-	4 satisfies a given State or local official's corresponding
1402		-	5 obligation to provide the information.
1403		-	6 (e) The Attorney General may provide for telephonic,
1404		-	7 electronic, or other public access to the database established
1405		-	8 under this Section.
1406		-	9 (f) (Blank).
1407		-	10 (g) There is established in the Office of the Attorney
1408		-	11 General a Crime Victim and Witness Notification Advisory
1409		-	12 Committee consisting of those victims advocates, sheriffs,
1410		-	13 State's Attorneys, circuit court clerks, Illinois Department
1411		-	14 of Corrections, the Department of Juvenile Justice, and
1412		-	15 Prisoner Review Board employees that the Attorney General
1413		-	16 chooses to appoint. The Attorney General shall designate one
1414		-	17 member to chair the Committee.
1415		-	18 (1) The Committee shall consult with and advise the
1416		-	19 Attorney General as to the exercise of the Attorney
1417		-	20 General's authority under this Section, including, but not
1418		-	21 limited to:
1419		-	22 (i) the design, scope, and operation of the
1420		-	23 notification system;
1421		-	24 (ii) the content of any rules adopted to implement
1422		-	25 this Section;
1423		-	26 (iii) the procurement of hardware, software, and
1424		-
1425		-
1426		-
1427		-
1428		-
1429		-	SB0019 Engrossed - 40 - LRB104 08032 JDS 18078 b
1430		-
1431		-
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1433		-	SB0019 Engrossed - 41 - LRB104 08032 JDS 18078 b
1434		-	1 support for the system, including choice of supplier
1435		-	2 or operator; and
1436		-	3 (iv) the acceptance of agreements with and the
1437		-	4 award of equipment, software, or training to officials
1438		-	5 that seek to participate in the system.
1439		-	6 (2) The Committee shall review the status and
1440		-	7 operation of the system and report any findings and
1441		-	8 recommendations for changes to the Attorney General and
1442		-	9 the General Assembly by November 1 of each year.
1443		-	10 (3) The members of the Committee shall receive no
1444		-	11 compensation for their services as members of the
1445		-	12 Committee, but may be reimbursed for their actual expenses
1446		-	13 incurred in serving on the Committee.
1447		-	14 (h) The Attorney General shall not release the names,
1448		-	15 addresses, phone numbers, personal identification numbers, or
1449		-	16 email addresses of any person registered to receive
1450		-	17 notifications to any other person except State or local
1451		-	18 officials using the notification system to satisfy the
1452		-	19 official's obligation to provide the information. The Attorney
1453		-	20 General may grant limited access to the Automated Victim
1454		-	21 Notification system (AVN) to law enforcement, prosecution, and
1455		-	22 other agencies that provide service to victims of violent
1456		-	23 crime to assist victims in enrolling and utilizing the AVN
1457		-	24 system.
1458		-	25 (i) The Attorney General shall conduct an internal review
1459		-	26 of the witness notification system to review timely notice to
1460		-
1461		-
1462		-
1463		-
1464		-
1465		-	SB0019 Engrossed - 41 - LRB104 08032 JDS 18078 b
1466		-
1467		-
1468		-	SB0019 Engrossed- 42 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 42 - LRB104 08032 JDS 18078 b
1469		-	SB0019 Engrossed - 42 - LRB104 08032 JDS 18078 b
1470		-	1 victims and witnesses throughout the State and shall make
1471		-	2 recommendations to the General Assembly for improvements in
1472		-	3 the procedures and technologies used in the system. The
1473		-	4 Attorney General shall submit the recommendations to the
1474		-	5 General Assembly on or before July 1, 2026.
1475		-	6 (Source: P.A. 98-717, eff. 1-1-15; 99-413, eff. 8-20-15.)
1476		-	7 Section 10. The Unified Code of Corrections is amended by
1477		-	8 changing Sections 3-3-1, 3-3-2, 3-3-5, 3-3-8, 3-3-9, 3-3-13,
1478		-	9 3-3-14, 3-5-1, 3-14-1, 5-4.5-115 and by adding Section 3-3-1.5
1479		-	10 as follows:
1480		-	11 (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
1481		-	12 Sec. 3-3-1. Establishment and appointment of Prisoner
1482		-	13 Review Board.
1483		-	14 (a) There shall be a Prisoner Review Board independent of
1484		-	15 the Department which shall be:
1485		-	16 (1) the paroling authority for persons sentenced under
1486		-	17 the law in effect prior to the effective date of this
1487		-	18 amendatory Act of 1977;
1488		-	19 (1.2) the paroling authority for persons eligible for
1489		-	20 parole review under Section 5-4.5-115;
1490		-	21 (1.5) (blank);
1491		-	22 (2) the board of review for cases involving the
1492		-	23 revocation of sentence credits or a suspension or
1493		-	24 reduction in the rate of accumulating the credit;
1494		-
1495		-
1496		-
1497		-
1498		-
1499		-	SB0019 Engrossed - 42 - LRB104 08032 JDS 18078 b
1500		-
1501		-
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1503		-	SB0019 Engrossed - 43 - LRB104 08032 JDS 18078 b
1504		-	1 (3) the board of review and recommendation for the
1505		-	2 exercise of executive clemency by the Governor;
1506		-	3 (4) the authority for establishing release dates for
1507		-	4 certain prisoners sentenced under the law in existence
1508		-	5 prior to the effective date of this amendatory Act of
1509		-	6 1977, in accordance with Section 3-3-2.1 of this Code;
1510		-	7 (5) the authority for setting conditions for parole
1511		-	8 and mandatory supervised release under Section 5-8-1(a) of
1512		-	9 this Code, and determining whether a violation of those
1513		-	10 conditions warrant revocation of parole or mandatory
1514		-	11 supervised release or the imposition of other sanctions;
1515		-	12 (6) the authority for determining whether a violation
1516		-	13 of aftercare release conditions warrant revocation of
1517		-	14 aftercare release; and
1518		-	15 (7) the authority to release medically infirm or
1519		-	16 disabled prisoners under Section 3-3-14.
1520		-	17 (b) The Board shall consist of 15 persons appointed by the
1521		-	18 Governor by and with the advice and consent of the Senate. One
1522		-	19 member of the Board shall be designated by the Governor to be
1523		-	20 Chairman and shall serve as Chairman at the pleasure of the
1524		-	21 Governor. The members of the Board shall have had at least 5
1525		-	22 years of actual experience in the fields of penology,
1526		-	23 corrections work, advocacy for victims of crime and their
1527		-	24 families, advocacy for survivors of domestic violence, sexual
1528		-	25 violence, or intimate partner violence, law enforcement,
1529		-	26 sociology, law, education, social work, medicine, psychology,
1530		-
1531		-
1532		-
1533		-
1534		-
1535		-	SB0019 Engrossed - 43 - LRB104 08032 JDS 18078 b
1536		-
1537		-
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1539		-	SB0019 Engrossed - 44 - LRB104 08032 JDS 18078 b
1540		-	1 other behavioral sciences, or a combination thereof. At least
1541		-	2 3 6 members so appointed must have at least 3 years experience
1542		-	3 in the field of juvenile matters. A total of 7 members must
1543		-	4 have at least 5 years' experience as a law enforcement
1544		-	5 officer, parole officer, prosecutor, criminal defense
1545		-	6 attorney, or judge. No more than 8 Board members may be members
1546		-	7 of the same political party.
1547		-	8 Each member of the Board shall serve on a full-time basis
1548		-	9 and shall not hold any other salaried public office, whether
1549		-	10 elective or appointive, nor any other office or position of
1550		-	11 profit, nor engage in any other business, employment, or
1551		-	12 vocation. The Chairman of the Board shall receive the same
1552		-	13 salary as the Chairperson of the Illinois Human Rights
1553		-	14 Commission $35,000 a year, or an amount set by the
1554		-	15 Compensation Review Board, whichever is greater, and each
1555		-	16 other member shall receive the same salary as members of the
1556		-	17 Illinois Human Rights Commission $30,000, or an amount set by
1557		-	18 the Compensation Review Board, whichever is greater. The
1558		-	19 changes made to the salary of the Chairman of the Board and to
1559		-	20 the salaries of other members of the Board by this amendatory
1560		-	21 Act of the 104th General Assembly apply only to persons who are
1561		-	22 appointed or reappointed to those positions on or after the
1562		-	23 effective date of this amendatory Act of the 104th General
1563		-	24 Assembly.
1564		-	25 (c) Notwithstanding any other provision of this Section,
1565		-	26 the term of each member of the Board who was appointed by the
1566		-
1567		-
1568		-
1569		-
1570		-
1571		-	SB0019 Engrossed - 44 - LRB104 08032 JDS 18078 b
1572		-
1573		-
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1575		-	SB0019 Engrossed - 45 - LRB104 08032 JDS 18078 b
1576		-	1 Governor and is in office on June 30, 2003 shall terminate at
1577		-	2 the close of business on that date or when all of the successor
1578		-	3 members to be appointed pursuant to this amendatory Act of the
1579		-	4 93rd General Assembly have been appointed by the Governor,
1580		-	5 whichever occurs later. As soon as possible, the Governor
1581		-	6 shall appoint persons to fill the vacancies created by this
1582		-	7 amendatory Act.
1583		-	8 Of the initial members appointed under this amendatory Act
1584		-	9 of the 93rd General Assembly, the Governor shall appoint 5
1585		-	10 members whose terms shall expire on the third Monday in
1586		-	11 January 2005, 5 members whose terms shall expire on the third
1587		-	12 Monday in January 2007, and 5 members whose terms shall expire
1588		-	13 on the third Monday in January 2009. Their respective
1589		-	14 successors shall be appointed for terms of 6 years from the
1590		-	15 third Monday in January of the year of appointment. Each
1591		-	16 member shall serve until his or her successor is appointed and
1592		-	17 qualified.
1593		-	18 Notwithstanding any other provision of this Section, any
1594		-	19 member appointed after January 1, 2026 shall be appointed for
1595		-	20 an 8-year term that begins upon the date of appointment or
1596		-	21 reappointment. Each member shall serve until the member's
1597		-	22 successor is appointed and qualified.
1598		-	23 Any member may be removed by the Governor for
1599		-	24 incompetence, neglect of duty, malfeasance or inability to
1600		-	25 serve.
1601		-	26 (d) The Chairman of the Board shall be its chief executive
1602		-
1603		-
1604		-
1605		-
1606		-
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1608		-
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1612		-	1 and administrative officer. The Board may have an Executive
1613		-	2 Director; if so, the Executive Director shall be appointed by
1614		-	3 the Governor with the advice and consent of the Senate. The
1615		-	4 salary and duties of the Executive Director shall be fixed by
1616		-	5 the Board.
1617		-	6 (e) Each member and commissioner of the Prisoner Review
1618		-	7 Board shall be required to complete a training course
1619		-	8 developed and administered in consultation with the Department
1620		-	9 of Corrections. The training shall be provided to new members
1621		-	10 and commissioners of the Prisoner Review Board within 30 days
1622		-	11 of the start of their service and before they take part in any
1623		-	12 hearings. The training shall cover topics, including, but not
1624		-	13 limited to:
1625		-	14 (1) the prison and incarceration system, including a
1626		-	15 tour of a correctional institution or facility and a
1627		-	16 meeting with the facility administration;
1628		-	17 (2) the nature and benefits of rehabilitative
1629		-	18 corrections;
1630		-	19 (3) rehabilitative programming provided by the
1631		-	20 Department of Corrections available to incarcerated
1632		-	21 individuals; and
1633		-	22 (4) the impact of rehabilitative corrections and
1634		-	23 programming on rates of recidivism.
1635		-	24 In addition to the training course, each member and
1636		-	25 commissioner of the Board shall also be required to
1637		-	26 participate in 20 hours of continuing education or training
1638		-
1639		-
1640		-
1641		-
1642		-
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1644		-
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1647		-	SB0019 Engrossed - 47 - LRB104 08032 JDS 18078 b
1648		-	1 per year. Training shall cover, but shall not be limited to,
1649		-	2 the following topics: domestic violence, restorative justice,
1650		-	3 racial bias, risk assessment bias, law enforcement bias,
1651		-	4 prevalence of wrongful convictions, prosecutorial misconduct,
1652		-	5 police misconduct, mental health, cognitive behavioral
1653		-	6 therapy, trauma, the age-crime curve, recidivism, and the
1654		-	7 benefits of rehabilitative, educational, vocational, and
1655		-	8 health, programming in correctional facilities. Documentation
1656		-	9 of completion shall be submitted to and recorded by the
1657		-	10 Department of Corrections and made available to the public
1658		-	11 upon request.
1659		-	12 The 20 hours of continuing education or training per year
1660		-	13 required in this subsection shall include a training course
1661		-	14 developed and administered by the entity administering the
1662		-	15 Illinois Domestic Violence Hotline. The training shall be
1663		-	16 provided to new members and commissioners of the Prisoner
1664		-	17 Review Board within 30 days of the start of their service and
1665		-	18 before they take part in any hearings.
1666		-	19 This training shall be tailored specifically to the
1667		-	20 members of the Board and shall cover topics, including, but
1668		-	21 not limited to:
1669		-	22 (1) the nature, extent, causes, and lethality of
1670		-	23 domestic violence and gender-based violence;
1671		-	24 (2) implicit and explicit biases toward parties
1672		-	25 involved in domestic violence and gender-based violence;
1673		-	26 (3) criminalization of survivors of domestic violence
1674		-
1675		-
1676		-
1677		-
1678		-
1679		-	SB0019 Engrossed - 47 - LRB104 08032 JDS 18078 b
1680		-
1681		-
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1683		-	SB0019 Engrossed - 48 - LRB104 08032 JDS 18078 b
1684		-	1 and gender-based violence;
1685		-	2 (4) behavioral patterns and relationship dynamics
1686		-	3 within the cycle of violence;
1687		-	4 (5) safety planning and procedures designed to promote
1688		-	5 the safety of victims of domestic violence and
1689		-	6 gender-based violence and their household members;
1690		-	7 (6) resources available to victims of domestic
1691		-	8 violence and gender-based violence and their household
1692		-	9 members; and
1693		-	10 (7) the Illinois Domestic Violence Act of 1986, the
1694		-	11 Stalking No Contact Order Act, the Civil No Contact Order
1695		-	12 Act, and the legal process regarding protective orders.
1696		-	13 (f) The Board may appoint commissioners to assist it in
1697		-	14 such manner as it directs and may discharge them at will.
1698		-	15 Commissioners shall not be subject to the Personnel Code. Any
1699		-	16 commissioner appointed shall be an attorney licensed to
1700		-	17 practice law in the State of Illinois. The Board in its
1701		-	18 discretion may assign any hearing to a commissioner, except
1702		-	19 that, in hearings requiring a quorum of the Board, only
1703		-	20 members shall participate, and in hearings requiring at least
1704		-	21 3 members, at least 2 members shall participate. No
1705		-	22 commissioner may act as the lead member or point of contact for
1706		-	23 any institutional hearing.
1707		-	24 (Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
1708		-	25 (730 ILCS 5/3-3-1.5 new)
1709		-
1710		-
1711		-
1712		-
1713		-
1714		-	SB0019 Engrossed - 48 - LRB104 08032 JDS 18078 b
1715		-
1716		-
1717		-	SB0019 Engrossed- 49 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 49 - LRB104 08032 JDS 18078 b
1718		-	SB0019 Engrossed - 49 - LRB104 08032 JDS 18078 b
1719		-	1 Sec. 3-3-1.5. Director of Victim and Witness Services.
1720		-	2 (a) There is established a Director of Victim and Witness
1721		-	3 Services under the jurisdiction of the Prisoner Review Board.
1722		-	4 The Victim and Witness Services Director shall be hired by the
1723		-	5 Prisoner Review Board. The Victim and Witness Services
1724		-	6 Director shall be responsible for ensuring that victims
1725		-	7 receive appropriate notice and the opportunity to provide a
1726		-	8 victim impact statement in accordance with this Act. The
1727		-	9 Victim and Witness Services Director shall also be responsible
1728		-	10 for coordinating with other agencies to improve victim
1729		-	11 notification processes, and identifying ways to better serve
1730		-	12 victims.
1731		-	13 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
1732		-	14 Sec. 3-3-2. Powers and duties.
1733		-	15 (a) The Parole and Pardon Board is abolished and the term
1734		-	16 "Parole and Pardon Board" as used in any law of Illinois, shall
1735		-	17 read "Prisoner Review Board." After February 1, 1978 (the
1736		-	18 effective date of Public Act 81-1099), the Prisoner Review
1737		-	19 Board shall provide by rule for the orderly transition of all
1738		-	20 files, records, and documents of the Parole and Pardon Board
1739		-	21 and for such other steps as may be necessary to effect an
1740		-	22 orderly transition and shall:
1741		-	23 (1) hear by at least one member and through a panel of
1742		-	24 at least 3 members decide, cases of prisoners who were
1743		-	25 sentenced under the law in effect prior to February 1,
1744		-
1745		-
1746		-
1747		-
1748		-
1749		-	SB0019 Engrossed - 49 - LRB104 08032 JDS 18078 b
1750		-
1751		-
1752		-	SB0019 Engrossed- 50 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 50 - LRB104 08032 JDS 18078 b
1753		-	SB0019 Engrossed - 50 - LRB104 08032 JDS 18078 b
1754		-	1 1978 (the effective date of Public Act 81-1099), and who
1755		-	2 are eligible for parole;
1756		-	3 (2) hear by at least one member and through a panel of
1757		-	4 at least 3 members decide, the conditions of parole and
1758		-	5 the time of discharge from parole, impose sanctions for
1759		-	6 violations of parole, and revoke parole for those
1760		-	7 sentenced under the law in effect prior to February 1,
1761		-	8 1978 (the effective date of Public Act 81-1099); provided
1762		-	9 that the decision to parole and the conditions of parole
1763		-	10 for all prisoners who were sentenced for first degree
1764		-	11 murder or who received a minimum sentence of 20 years or
1765		-	12 more under the law in effect prior to February 1, 1978
1766		-	13 shall be determined by a majority vote of the Prisoner
1767		-	14 Review Board. One representative supporting parole and one
1768		-	15 representative opposing parole will be allowed to speak.
1769		-	16 Their comments shall be limited to making corrections and
1770		-	17 filling in omissions to the Board's presentation and
1771		-	18 discussion;
1772		-	19 (3) hear by at least one member and through a panel of
1773		-	20 at least 3 members decide, the conditions of mandatory
1774		-	21 supervised release and the time of discharge from
1775		-	22 mandatory supervised release, impose sanctions for
1776		-	23 violations of mandatory supervised release, and revoke
1777		-	24 mandatory supervised release for those sentenced under the
1778		-	25 law in effect after February 1, 1978 (the effective date
1779		-	26 of Public Act 81-1099);
1780		-
1781		-
1782		-
1783		-
1784		-
1785		-	SB0019 Engrossed - 50 - LRB104 08032 JDS 18078 b
1786		-
1787		-
1788		-	SB0019 Engrossed- 51 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 51 - LRB104 08032 JDS 18078 b
1789		-	SB0019 Engrossed - 51 - LRB104 08032 JDS 18078 b
1790		-	1 (3.5) hear by at least one member and through a panel
1791		-	2 of at least 3 members decide, the conditions of mandatory
1792		-	3 supervised release and the time of discharge from
1793		-	4 mandatory supervised release, to impose sanctions for
1794		-	5 violations of mandatory supervised release and revoke
1795		-	6 mandatory supervised release for those serving extended
1796		-	7 supervised release terms pursuant to paragraph (4) of
1797		-	8 subsection (d) of Section 5-8-1;
1798		-	9 (3.6) hear by at least one member and through a panel
1799		-	10 of at least 3 members decide whether to revoke aftercare
1800		-	11 release for those committed to the Department of Juvenile
1801		-	12 Justice under the Juvenile Court Act of 1987;
1802		-	13 (4) hear by at least one member and through a panel of
1803		-	14 at least 3 members, decide cases brought by the Department
1804		-	15 of Corrections against a prisoner in the custody of the
1805		-	16 Department for alleged violation of Department rules with
1806		-	17 respect to sentence credits under Section 3-6-3 of this
1807		-	18 Code in which the Department seeks to revoke sentence
1808		-	19 credits, if the amount of time at issue exceeds 30 days or
1809		-	20 when, during any 12-month period, the cumulative amount of
1810		-	21 credit revoked exceeds 30 days except where the infraction
1811		-	22 is committed or discovered within 60 days of scheduled
1812		-	23 release. In such cases, the Department of Corrections may
1813		-	24 revoke up to 30 days of sentence credit. The Board may
1814		-	25 subsequently approve the revocation of additional sentence
1815		-	26 credit, if the Department seeks to revoke sentence credit
1816		-
1817		-
1818		-
1819		-
1820		-
1821		-	SB0019 Engrossed - 51 - LRB104 08032 JDS 18078 b
1822		-
1823		-
1824		-	SB0019 Engrossed- 52 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 52 - LRB104 08032 JDS 18078 b
1825		-	SB0019 Engrossed - 52 - LRB104 08032 JDS 18078 b
1826		-	1 in excess of 30 days. However, the Board shall not be
1827		-	2 empowered to review the Department's decision with respect
1828		-	3 to the loss of 30 days of sentence credit for any prisoner
1829		-	4 or to increase any penalty beyond the length requested by
1830		-	5 the Department;
1831		-	6 (5) hear by at least one member and through a panel of
1832		-	7 at least 3 members decide, the release dates for certain
1833		-	8 prisoners sentenced under the law in existence prior to
1834		-	9 February 1, 1978 (the effective date of Public Act
1835		-	10 81-1099), in accordance with Section 3-3-2.1 of this Code;
1836		-	11 (6) hear by at least one member and through a panel of
1837		-	12 at least 3 members decide, all requests for pardon,
1838		-	13 reprieve or commutation, and make confidential
1839		-	14 recommendations to the Governor;
1840		-	15 (6.5) hear by at least one member who is qualified in
1841		-	16 the field of juvenile matters and through a panel of at
1842		-	17 least 3 members, 2 of whom are qualified in the field of
1843		-	18 juvenile matters, decide parole review cases in accordance
1844		-	19 with Section 5-4.5-115 of this Code and make release
1845		-	20 determinations of persons under the age of 21 at the time
1846		-	21 of the commission of an offense or offenses, other than
1847		-	22 those persons serving sentences for first degree murder or
1848		-	23 aggravated criminal sexual assault;
1849		-	24 (6.6) hear by at least a quorum of the Prisoner Review
1850		-	25 Board and decide by a majority of members present at the
1851		-	26 hearing, in accordance with Section 5-4.5-115 of this
1852		-
1853		-
1854		-
1855		-
1856		-
1857		-	SB0019 Engrossed - 52 - LRB104 08032 JDS 18078 b
1858		-
1859		-
1860		-	SB0019 Engrossed- 53 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 53 - LRB104 08032 JDS 18078 b
1861		-	SB0019 Engrossed - 53 - LRB104 08032 JDS 18078 b
1862		-	1 Code, release determinations of persons under the age of
1863		-	2 21 at the time of the commission of an offense or offenses
1864		-	3 of those persons serving sentences for first degree murder
1865		-	4 or aggravated criminal sexual assault;
1866		-	5 (7) comply with the requirements of the Open Parole
1867		-	6 Hearings Act;
1868		-	7 (8) hear by at least one member and, through a panel of
1869		-	8 at least 3 members, decide cases brought by the Department
1870		-	9 of Corrections against a prisoner in the custody of the
1871		-	10 Department for court dismissal of a frivolous lawsuit
1872		-	11 pursuant to Section 3-6-3(d) of this Code in which the
1873		-	12 Department seeks to revoke up to 180 days of sentence
1874		-	13 credit, and if the prisoner has not accumulated 180 days
1875		-	14 of sentence credit at the time of the dismissal, then all
1876		-	15 sentence credit accumulated by the prisoner shall be
1877		-	16 revoked;
1878		-	17 (9) hear by at least 3 members, and, through a panel of
1879		-	18 at least 3 members, decide whether to grant certificates
1880		-	19 of relief from disabilities or certificates of good
1881		-	20 conduct as provided in Article 5.5 of Chapter V;
1882		-	21 (10) upon a petition by a person who has been
1883		-	22 convicted of a Class 3 or Class 4 felony and who meets the
1884		-	23 requirements of this paragraph, hear by at least 3 members
1885		-	24 and, with the unanimous vote of a panel of 3 members, issue
1886		-	25 a certificate of eligibility for sealing recommending that
1887		-	26 the court order the sealing of all official records of the
1888		-
1889		-
1890		-
1891		-
1892		-
1893		-	SB0019 Engrossed - 53 - LRB104 08032 JDS 18078 b
1894		-
1895		-
1896		-	SB0019 Engrossed- 54 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 54 - LRB104 08032 JDS 18078 b
1897		-	SB0019 Engrossed - 54 - LRB104 08032 JDS 18078 b
1898		-	1 arresting authority, the circuit court clerk, and the
1899		-	2 Illinois State Police concerning the arrest and conviction
1900		-	3 for the Class 3 or 4 felony. A person may not apply to the
1901		-	4 Board for a certificate of eligibility for sealing:
1902		-	5 (A) until 5 years have elapsed since the
1903		-	6 expiration of his or her sentence;
1904		-	7 (B) until 5 years have elapsed since any arrests
1905		-	8 or detentions by a law enforcement officer for an
1906		-	9 alleged violation of law, other than a petty offense,
1907		-	10 traffic offense, conservation offense, or local
1908		-	11 ordinance offense;
1909		-	12 (C) if convicted of a violation of the Cannabis
1910		-	13 Control Act, Illinois Controlled Substances Act, the
1911		-	14 Methamphetamine Control and Community Protection Act,
1912		-	15 the Methamphetamine Precursor Control Act, or the
1913		-	16 Methamphetamine Precursor Tracking Act unless the
1914		-	17 petitioner has completed a drug abuse program for the
1915		-	18 offense on which sealing is sought and provides proof
1916		-	19 that he or she has completed the program successfully;
1917		-	20 (D) if convicted of:
1918		-	21 (i) a sex offense described in Article 11 or
1919		-	22 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
1920		-	23 the Criminal Code of 1961 or the Criminal Code of
1921		-	24 2012;
1922		-	25 (ii) aggravated assault;
1923		-	26 (iii) aggravated battery;
1924		-
1925		-
1926		-
1927		-
1928		-
1929		-	SB0019 Engrossed - 54 - LRB104 08032 JDS 18078 b
1930		-
1931		-
1932		-	SB0019 Engrossed- 55 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 55 - LRB104 08032 JDS 18078 b
1933		-	SB0019 Engrossed - 55 - LRB104 08032 JDS 18078 b
1934		-	1 (iv) domestic battery;
1935		-	2 (v) aggravated domestic battery;
1936		-	3 (vi) violation of an order of protection;
1937		-	4 (vii) an offense under the Criminal Code of
1938		-	5 1961 or the Criminal Code of 2012 involving a
1939		-	6 firearm;
1940		-	7 (viii) driving while under the influence of
1941		-	8 alcohol, other drug or drugs, intoxicating
1942		-	9 compound or compounds, or any combination thereof;
1943		-	10 (ix) aggravated driving while under the
1944		-	11 influence of alcohol, other drug or drugs,
1945		-	12 intoxicating compound or compounds, or any
1946		-	13 combination thereof; or
1947		-	14 (x) any crime defined as a crime of violence
1948		-	15 under Section 2 of the Crime Victims Compensation
1949		-	16 Act.
1950		-	17 If a person has applied to the Board for a certificate
1951		-	18 of eligibility for sealing and the Board denies the
1952		-	19 certificate, the person must wait at least 4 years before
1953		-	20 filing again or filing for pardon from the Governor unless
1954		-	21 the Chairman of the Prisoner Review Board grants a waiver.
1955		-	22 The decision to issue or refrain from issuing a
1956		-	23 certificate of eligibility for sealing shall be at the
1957		-	24 Board's sole discretion, and shall not give rise to any
1958		-	25 cause of action against either the Board or its members.
1959		-	26 The Board may only authorize the sealing of Class 3
1960		-
1961		-
1962		-
1963		-
1964		-
1965		-	SB0019 Engrossed - 55 - LRB104 08032 JDS 18078 b
1966		-
1967		-
1968		-	SB0019 Engrossed- 56 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 56 - LRB104 08032 JDS 18078 b
1969		-	SB0019 Engrossed - 56 - LRB104 08032 JDS 18078 b
1970		-	1 and 4 felony convictions of the petitioner from one
1971		-	2 information or indictment under this paragraph (10). A
1972		-	3 petitioner may only receive one certificate of eligibility
1973		-	4 for sealing under this provision for life; and
1974		-	5 (11) upon a petition by a person who after having been
1975		-	6 convicted of a Class 3 or Class 4 felony thereafter served
1976		-	7 in the United States Armed Forces or National Guard of
1977		-	8 this or any other state and had received an honorable
1978		-	9 discharge from the United States Armed Forces or National
1979		-	10 Guard or who at the time of filing the petition is enlisted
1980		-	11 in the United States Armed Forces or National Guard of
1981		-	12 this or any other state and served one tour of duty and who
1982		-	13 meets the requirements of this paragraph, hear by at least
1983		-	14 3 members and, with the unanimous vote of a panel of 3
1984		-	15 members, issue a certificate of eligibility for
1985		-	16 expungement recommending that the court order the
1986		-	17 expungement of all official records of the arresting
1987		-	18 authority, the circuit court clerk, and the Illinois State
1988		-	19 Police concerning the arrest and conviction for the Class
1989		-	20 3 or 4 felony. A person may not apply to the Board for a
1990		-	21 certificate of eligibility for expungement:
1991		-	22 (A) if convicted of:
1992		-	23 (i) a sex offense described in Article 11 or
1993		-	24 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
1994		-	25 the Criminal Code of 1961 or Criminal Code of
1995		-	26 2012;
1996		-
1997		-
1998		-
1999		-
2000		-
2001		-	SB0019 Engrossed - 56 - LRB104 08032 JDS 18078 b
2002		-
2003		-
2004		-	SB0019 Engrossed- 57 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 57 - LRB104 08032 JDS 18078 b
2005		-	SB0019 Engrossed - 57 - LRB104 08032 JDS 18078 b
2006		-	1 (ii) an offense under the Criminal Code of
2007		-	2 1961 or Criminal Code of 2012 involving a firearm;
2008		-	3 or
2009		-	4 (iii) a crime of violence as defined in
2010		-	5 Section 2 of the Crime Victims Compensation Act;
2011		-	6 or
2012		-	7 (B) if the person has not served in the United
2013		-	8 States Armed Forces or National Guard of this or any
2014		-	9 other state or has not received an honorable discharge
2015		-	10 from the United States Armed Forces or National Guard
2016		-	11 of this or any other state or who at the time of the
2017		-	12 filing of the petition is serving in the United States
2018		-	13 Armed Forces or National Guard of this or any other
2019		-	14 state and has not completed one tour of duty.
2020		-	15 If a person has applied to the Board for a certificate
2021		-	16 of eligibility for expungement and the Board denies the
2022		-	17 certificate, the person must wait at least 4 years before
2023		-	18 filing again or filing for a pardon with authorization for
2024		-	19 expungement from the Governor unless the Governor or
2025		-	20 Chairman of the Prisoner Review Board grants a waiver.
2026		-	21 (a-5) The Prisoner Review Board, with the cooperation of
2027		-	22 and in coordination with the Department of Corrections and the
2028		-	23 Department of Central Management Services, shall provide
2029		-	24 implement a pilot project in 3 correctional institutions
2030		-	25 providing for the conduct of hearings under paragraphs (1) and
2031		-	26 (4) of subsection (a) of this Section through interactive
2032		-
2033		-
2034		-
2035		-
2036		-
2037		-	SB0019 Engrossed - 57 - LRB104 08032 JDS 18078 b
2038		-
2039		-
2040		-	SB0019 Engrossed- 58 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 58 - LRB104 08032 JDS 18078 b
2041		-	SB0019 Engrossed - 58 - LRB104 08032 JDS 18078 b
2042		-	1 video conferences. The The project shall be implemented within
2043		-	2 6 months after January 1, 1997 (the effective date of Public
2044		-	3 Act 89-490). Within 6 months after the implementation of the
2045		-	4 pilot project, the Prisoner Review Board, with the cooperation
2046		-	5 of and in coordination with the Department of Corrections and
2047		-	6 the Department of Central Management Services, shall report
2048		-	7 annually to the Governor and the General Assembly regarding
2049		-	8 the use, costs, effectiveness, and future viability of
2050		-	9 interactive video conferences for Prisoner Review Board
2051		-	10 hearings.
2052		-	11 (b) Upon recommendation of the Department the Board may
2053		-	12 restore sentence credit previously revoked.
2054		-	13 (c) The Board shall cooperate with the Department in
2055		-	14 promoting an effective system of parole and mandatory
2056		-	15 supervised release.
2057		-	16 (d) The Board shall promulgate rules for the conduct of
2058		-	17 its work, and the Chairman shall file a copy of such rules and
2059		-	18 any amendments thereto with the Director and with the
2060		-	19 Secretary of State.
2061		-	20 (e) The Board shall keep records of all of its official
2062		-	21 actions and shall make them accessible in accordance with law
2063		-	22 and the rules of the Board.
2064		-	23 (f) The Board or one who has allegedly violated the
2065		-	24 conditions of his or her parole, aftercare release, or
2066		-	25 mandatory supervised release may require by subpoena the
2067		-	26 attendance and testimony of witnesses and the production of
2068		-
2069		-
2070		-
2071		-
2072		-
2073		-	SB0019 Engrossed - 58 - LRB104 08032 JDS 18078 b
2074		-
2075		-
2076		-	SB0019 Engrossed- 59 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 59 - LRB104 08032 JDS 18078 b
2077		-	SB0019 Engrossed - 59 - LRB104 08032 JDS 18078 b
2078		-	1 documentary evidence relating to any matter under
2079		-	2 investigation or hearing. The Chairman of the Board may sign
2080		-	3 subpoenas which shall be served by any agent or public
2081		-	4 official authorized by the Chairman of the Board, or by any
2082		-	5 person lawfully authorized to serve a subpoena under the laws
2083		-	6 of the State of Illinois. The attendance of witnesses, and the
2084		-	7 production of documentary evidence, may be required from any
2085		-	8 place in the State to a hearing location in the State before
2086		-	9 the Chairman of the Board or his or her designated agent or
2087		-	10 agents or any duly constituted Committee or Subcommittee of
2088		-	11 the Board. Witnesses so summoned shall be paid the same fees
2089		-	12 and mileage that are paid witnesses in the circuit courts of
2090		-	13 the State, and witnesses whose depositions are taken and the
2091		-	14 persons taking those depositions are each entitled to the same
2092		-	15 fees as are paid for like services in actions in the circuit
2093		-	16 courts of the State. Fees and mileage shall be vouchered for
2094		-	17 payment when the witness is discharged from further
2095		-	18 attendance.
2096		-	19 In case of disobedience to a subpoena, the Board may
2097		-	20 petition any circuit court of the State for an order requiring
2098		-	21 the attendance and testimony of witnesses or the production of
2099		-	22 documentary evidence or both. A copy of such petition shall be
2100		-	23 served by personal service or by registered or certified mail
2101		-	24 upon the person who has failed to obey the subpoena, and such
2102		-	25 person shall be advised in writing that a hearing upon the
2103		-	26 petition will be requested in a court room to be designated in
2104		-
2105		-
2106		-
2107		-
2108		-
2109		-	SB0019 Engrossed - 59 - LRB104 08032 JDS 18078 b
2110		-
2111		-
2112		-	SB0019 Engrossed- 60 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 60 - LRB104 08032 JDS 18078 b
2113		-	SB0019 Engrossed - 60 - LRB104 08032 JDS 18078 b
2114		-	1 such notice before the judge hearing motions or extraordinary
2115		-	2 remedies at a specified time, on a specified date, not less
2116		-	3 than 10 nor more than 15 days after the deposit of the copy of
2117		-	4 the written notice and petition in the U.S. mail addressed to
2118		-	5 the person at his or her last known address or after the
2119		-	6 personal service of the copy of the notice and petition upon
2120		-	7 such person. The court upon the filing of such a petition, may
2121		-	8 order the person refusing to obey the subpoena to appear at an
2122		-	9 investigation or hearing, or to there produce documentary
2123		-	10 evidence, if so ordered, or to give evidence relative to the
2124		-	11 subject matter of that investigation or hearing. Any failure
2125		-	12 to obey such order of the circuit court may be punished by that
2126		-	13 court as a contempt of court.
2127		-	14 Each member of the Board and any hearing officer
2128		-	15 designated by the Board shall have the power to administer
2129		-	16 oaths and to take the testimony of persons under oath.
2130		-	17 (g) Except under subsection (a) of this Section, a
2131		-	18 majority of the members then appointed to the Prisoner Review
2132		-	19 Board shall constitute a quorum for the transaction of all
2133		-	20 business of the Board.
2134		-	21 (h) The Prisoner Review Board shall annually transmit to
2135		-	22 the Director a detailed report of its work for the preceding
2136		-	23 calendar year, including votes cast by each member. The annual
2137		-	24 report shall also be transmitted to the Governor for
2138		-	25 submission to the Legislature.
2139		-	26 (Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
2140		-
2141		-
2142		-
2143		-
2144		-
2145		-	SB0019 Engrossed - 60 - LRB104 08032 JDS 18078 b
2146		-
2147		-
2148		-	SB0019 Engrossed- 61 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 61 - LRB104 08032 JDS 18078 b
2149		-	SB0019 Engrossed - 61 - LRB104 08032 JDS 18078 b
2150		-	1 102-558, eff. 8-20-21.)
2151		-	2 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
2152		-	3 Sec. 3-3-5. Hearing and determination.
2153		-	4 (a) The Prisoner Review Board shall meet as often as need
2154		-	5 requires to consider the cases of persons eligible for parole.
2155		-	6 Except as otherwise provided in paragraph (2) of subsection
2156		-	7 (a) of Section 3-3-2 of this Act, the Prisoner Review Board may
2157		-	8 meet and order its actions in panels of 3 or more members. The
2158		-	9 action of a majority of the panel shall be the action of the
2159		-	10 Board.
2160		-	11 (b) If the person under consideration for parole is in the
2161		-	12 custody of the Department, at least one member of the Board
2162		-	13 shall interview him or her, and a report of that interview
2163		-	14 shall be available for the Board's consideration. However, in
2164		-	15 the discretion of the Board, the interview need not be
2165		-	16 conducted if a psychiatric examination determines that the
2166		-	17 person could not meaningfully contribute to the Board's
2167		-	18 consideration. The Board may in its discretion parole a person
2168		-	19 who is then outside the jurisdiction on his or her record
2169		-	20 without an interview. The Board need not hold a hearing or
2170		-	21 interview a person who is paroled under paragraphs (d) or (e)
2171		-	22 of this Section or released on Mandatory release under Section
2172		-	23 3-3-10.
2173		-	24 (c) (Blank). The Board shall not parole a person eligible
2174		-	25 for parole if it determines that:
2175		-
2176		-
2177		-
2178		-
2179		-
2180		-	SB0019 Engrossed - 61 - LRB104 08032 JDS 18078 b
2181		-
2182		-
2183		-	SB0019 Engrossed- 62 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 62 - LRB104 08032 JDS 18078 b
2184		-	SB0019 Engrossed - 62 - LRB104 08032 JDS 18078 b
2185		-	1 (1) there is a substantial risk that he or she will not
2186		-	2 conform to reasonable conditions of parole or aftercare
2187		-	3 release; or
2188		-	4 (2) his or her release at that time would deprecate
2189		-	5 the seriousness of his or her offense or promote
2190		-	6 disrespect for the law; or
2191		-	7 (3) his or her release would have a substantially
2192		-	8 adverse effect on institutional discipline.
2193		-	9 (c-1) In deciding whether to grant or deny parole, the
2194		-	10 Board shall consider the following factors:
2195		-	11 (1) participation in rehabilitative programming
2196		-	12 available to the petitioner, including, but not limited
2197		-	13 to, educational courses, vocational courses, life skills
2198		-	14 courses, individual or group counseling courses, civics
2199		-	15 education courses, peer education courses, independent
2200		-	16 studies courses, substance abuse counseling courses, and
2201		-	17 behavior modification courses;
2202		-	18 (2) participation in professional licensing courses or
2203		-	19 on-the-job training courses;
2204		-	20 (3) letters from correctional staff, educational
2205		-	21 faculty, community members, friends, and other
2206		-	22 incarcerated persons;
2207		-	23 (4) the petitioner's potential for rehabilitation or
2208		-	24 the evidence of rehabilitation in the petitioner;
2209		-	25 (5) the applicant's age at the time of the offense;
2210		-	26 (6) the circumstances of the offense and the
2211		-
2212		-
2213		-
2214		-
2215		-
2216		-	SB0019 Engrossed - 62 - LRB104 08032 JDS 18078 b
2217		-
2218		-
2219		-	SB0019 Engrossed- 63 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 63 - LRB104 08032 JDS 18078 b
2220		-	SB0019 Engrossed - 63 - LRB104 08032 JDS 18078 b
2221		-	1 petitioner's role and degree of participation in the
2222		-	2 offense;
2223		-	3 (7) the presence of a cognitive or developmental
2224		-	4 disability in the petitioner at the time of the offense;
2225		-	5 (8) the petitioner's family, home environment, and
2226		-	6 educational and social background at the time of the
2227		-	7 offense;
2228		-	8 (9) evidence that the petitioner has suffered from
2229		-	9 gender-based violence as defined by Section 5 of the
2230		-	10 Gender Violence Act, postpartum psychosis or postpartum
2231		-	11 depression as defined by Section 2-1401 of the Code of
2232		-	12 Civil Procedure, post-traumatic stress disorder, adverse
2233		-	13 childhood experiences, or other traumas that could have
2234		-	14 been a contributing factor to a person's criminal behavior
2235		-	15 and participation in the offense;
2236		-	16 (10) the presence or expression by the petitioner of
2237		-	17 remorse, compassion, or insight of harm and collateral
2238		-	18 effects experienced by the victims;
2239		-	19 (11) the commission of a serious disciplinary
2240		-	20 infraction within the previous 5 years;
2241		-	21 (12) a pattern of fewer serious institutional
2242		-	22 disciplinary infractions within the previous 2 years;
2243		-	23 (13) evidence that the petitioner has any serious
2244		-	24 medical conditions;
2245		-	25 (14) evidence that the Department is unable to meet
2246		-	26 the petitioner's medical needs; and
2247		-
2248		-
2249		-
2250		-
2251		-
2252		-	SB0019 Engrossed - 63 - LRB104 08032 JDS 18078 b
2253		-
2254		-
2255		-	SB0019 Engrossed- 64 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 64 - LRB104 08032 JDS 18078 b
2256		-	SB0019 Engrossed - 64 - LRB104 08032 JDS 18078 b
2257		-	1 (15) the petitioner's reentry plan, including, but not
2258		-	2 limited to, residence plans, employment plans, continued
2259		-	3 education plans, rehabilitation plans, and counseling
2260		-	4 plans.
2261		-	5 No one factor listed in this subsection (c-1) shall be
2262		-	6 dispositive.
2263		-	7 (d) (Blank).
2264		-	8 (d-1) The Board shall, upon due notice, give a hearing to
2265		-	9 all petitioners for medical release and all candidates for
2266		-	10 parole, allowing representation by counsel, if desired, or the
2267		-	11 assistance of advocates and supporters, if desired.
2268		-	12 (d-2) All petitioners for medical release and all
2269		-	13 candidates for parole appearing before the Prisoner Review
2270		-	14 Board shall be afforded the opportunity to appear in person or
2271		-	15 via interactive video teleconference.
2272		-	16 (d-3) Clemency petitioners who are currently incarcerated
2273		-	17 and their legal counsel, if retained, shall be afforded the
2274		-	18 opportunity to a pre-hearing conference in person or via
2275		-	19 interactive video teleconference with at least one Board
2276		-	20 member.
2277		-	21 (e) A person who has served the maximum term of
2278		-	22 imprisonment imposed at the time of sentencing less time
2279		-	23 credit for good behavior shall be released on parole to serve a
2280		-	24 period of parole under Section 5-8-1.
2281		-	25 (f) The Board shall render its decision within a
2282		-	26 reasonable time after hearing and shall state the basis
2283		-
2284		-
2285		-
2286		-
2287		-
2288		-	SB0019 Engrossed - 64 - LRB104 08032 JDS 18078 b
2289		-
2290		-
2291		-	SB0019 Engrossed- 65 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 65 - LRB104 08032 JDS 18078 b
2292		-	SB0019 Engrossed - 65 - LRB104 08032 JDS 18078 b
2293		-	1 therefor both in the records of the Board and in written notice
2294		-	2 to the person on whose application it has acted. In its
2295		-	3 decision, the Board shall set the person's time for parole, or
2296		-	4 if it denies parole it shall provide for a rehearing not less
2297		-	5 frequently than once every year, except that the Board may,
2298		-	6 after denying parole, schedule a rehearing no later than 5
2299		-	7 years from the date of the parole denial, if the Board finds
2300		-	8 that it is not reasonable to expect that parole would be
2301		-	9 granted at a hearing prior to the scheduled rehearing date. If
2302		-	10 the Board shall parole a person, and, if he or she is not
2303		-	11 released within 90 days from the effective date of the order
2304		-	12 granting parole, the matter shall be returned to the Board for
2305		-	13 review. If the Board denies parole, the written notice must
2306		-	14 include an explanation of each factor the Board relied on in
2307		-	15 making its decision to deny parole and what factors and goals
2308		-	16 the applicant should focus on and try to meet to be granted
2309		-	17 parole at a subsequent hearing.
2310		-	18 (f-1) If the Board paroles a person who is eligible for
2311		-	19 commitment as a sexually violent person, the effective date of
2312		-	20 the Board's order shall be stayed for 90 days for the purpose
2313		-	21 of evaluation and proceedings under the Sexually Violent
2314		-	22 Persons Commitment Act.
2315		-	23 (g) The Board shall maintain a registry of decisions in
2316		-	24 which parole has been granted, which shall include the name
2317		-	25 and case number of the prisoner, the highest charge for which
2318		-	26 the prisoner was sentenced, the length of sentence imposed,
2319		-
2320		-
2321		-
2322		-
2323		-
2324		-	SB0019 Engrossed - 65 - LRB104 08032 JDS 18078 b
2325		-
2326		-
2327		-	SB0019 Engrossed- 66 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 66 - LRB104 08032 JDS 18078 b
2328		-	SB0019 Engrossed - 66 - LRB104 08032 JDS 18078 b
2329		-	1 the date of the sentence, the date of the parole, and the basis
2330		-	2 for the decision of the Board to grant parole and the vote of
2331		-	3 the Board on any such decisions. The registry shall be made
2332		-	4 available for public inspection and copying during business
2333		-	5 hours and shall be a public record pursuant to the provisions
2334		-	6 of the Freedom of Information Act.
2335		-	7 (h) The Board shall promulgate rules regarding the
2336		-	8 exercise of its discretion under this Section.
2337		-	9 (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;
2338		-	10 99-628, eff. 1-1-17.)
2339		-	11 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
2340		-	12 Sec. 3-3-8. Length of parole and mandatory supervised
2341		-	13 release; discharge.
2342		-	14 (a) The length of parole for a person sentenced under the
2343		-	15 law in effect prior to the effective date of this amendatory
2344		-	16 Act of 1977 and the length of mandatory supervised release for
2345		-	17 those sentenced under the law in effect on and after such
2346		-	18 effective date shall be as set out in Section 5-8-1 unless
2347		-	19 sooner terminated under paragraph (b) of this Section.
2348		-	20 (b) The Prisoner Review Board may enter an order releasing
2349		-	21 and discharging one from parole or mandatory supervised
2350		-	22 release, and his or her commitment to the Department, when it
2351		-	23 determines that he or she is likely to remain at liberty
2352		-	24 without committing another offense. Before entering such an
2353		-	25 order, the Prisoner Review Board shall provide notice and a
2354		-
2355		-
2356		-
2357		-
2358		-
2359		-	SB0019 Engrossed - 66 - LRB104 08032 JDS 18078 b
2360		-
2361		-
2362		-	SB0019 Engrossed- 67 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 67 - LRB104 08032 JDS 18078 b
2363		-	SB0019 Engrossed - 67 - LRB104 08032 JDS 18078 b
2364		-	1 30-day opportunity to comment to any registered victim.
2365		-	2 (b-1) Provided that the subject is in compliance with the
2366		-	3 terms and conditions of his or her parole or mandatory
2367		-	4 supervised release, the Prisoner Review Board shall reduce the
2368		-	5 period of a parolee or releasee's parole or mandatory
2369		-	6 supervised release by 90 days upon the parolee or releasee
2370		-	7 receiving a high school diploma, associate's degree,
2371		-	8 bachelor's degree, career certificate, or vocational technical
2372		-	9 certification or upon passage of high school equivalency
2373		-	10 testing during the period of his or her parole or mandatory
2374		-	11 supervised release. A parolee or releasee shall provide
2375		-	12 documentation from the educational institution or the source
2376		-	13 of the qualifying educational or vocational credential to
2377		-	14 their supervising officer for verification. Each reduction in
2378		-	15 the period of a subject's term of parole or mandatory
2379		-	16 supervised release shall be available only to subjects who
2380		-	17 have not previously earned the relevant credential for which
2381		-	18 they are receiving the reduction. As used in this Section,
2382		-	19 "career certificate" means a certificate awarded by an
2383		-	20 institution for satisfactory completion of a prescribed
2384		-	21 curriculum that is intended to prepare an individual for
2385		-	22 employment in a specific field.
2386		-	23 (b-2) The Prisoner Review Board may release a low-risk and
2387		-	24 need subject person from mandatory supervised release as
2388		-	25 determined by an appropriate evidence-based risk and need
2389		-	26 assessment.
2390		-
2391		-
2392		-
2393		-
2394		-
2395		-	SB0019 Engrossed - 67 - LRB104 08032 JDS 18078 b
2396		-
2397		-
2398		-	SB0019 Engrossed- 68 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 68 - LRB104 08032 JDS 18078 b
2399		-	SB0019 Engrossed - 68 - LRB104 08032 JDS 18078 b
2400		-	1 (b-3) After the completion of at least 6 months for
2401		-	2 offenses set forth in paragraphs (1.5) through (7) of
2402		-	3 subsection (a) of Section 110-6.1 of the Code of Criminal
2403		-	4 Procedure of 1963 and 3 months for all other offenses, and upon
2404		-	5 completion of all mandatory conditions of parole or mandatory
2405		-	6 supervised release set forth in paragraph (7.5) of subsection
2406		-	7 (a) of Section 3-3-7 and subsection (b) of Section 3-3-7, the
2407		-	8 Department of Corrections shall complete a report describing
2408		-	9 whether the subject has completed the mandatory conditions of
2409		-	10 parole or mandatory supervised release. The report shall
2410		-	11 include whether the subject has complied with any mandatory
2411		-	12 conditions of parole or mandatory supervised release relating
2412		-	13 to orders of protection, civil no contact orders, or stalking
2413		-	14 no contact orders. The report shall also indicate whether a
2414		-	15 LEADS report reflects a conviction for a domestic violence
2415		-	16 offense within the prior 5 years.
2416		-	17 (c) The order of discharge shall become effective upon
2417		-	18 entry of the order of the Board. The Board shall notify the
2418		-	19 clerk of the committing court of the order. Upon receipt of
2419		-	20 such copy, the clerk shall make an entry on the record judgment
2420		-	21 that the sentence or commitment has been satisfied pursuant to
2421		-	22 the order.
2422		-	23 (d) Rights of the person discharged under this Section
2423		-	24 shall be restored under Section 5-5-5.
2424		-	25 (e) Upon a denial of early discharge under this Section,
2425		-	26 the Prisoner Review Board shall provide the person on parole
2426		-
2427		-
2428		-
2429		-
2430		-
2431		-	SB0019 Engrossed - 68 - LRB104 08032 JDS 18078 b
2432		-
2433		-
2434		-	SB0019 Engrossed- 69 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 69 - LRB104 08032 JDS 18078 b
2435		-	SB0019 Engrossed - 69 - LRB104 08032 JDS 18078 b
2436		-	1 or mandatory supervised release a list of steps or
2437		-	2 requirements that the person must complete or meet to be
2438		-	3 granted an early discharge at a subsequent review and share
2439		-	4 the process for seeking a subsequent early discharge review
2440		-	5 under this subsection. Upon the completion of such steps or
2441		-	6 requirements, the person on parole or mandatory supervised
2442		-	7 release may petition the Prisoner Review Board to grant them
2443		-	8 an early discharge review. Within no more than 30 days of a
2444		-	9 petition under this subsection, the Prisoner Review Board
2445		-	10 shall review the petition and make a determination.
2446		-	11 (Source: P.A. 103-271, eff. 1-1-24.)
2447		-	12 (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
2448		-	13 Sec. 3-3-9. Violations; changes of conditions; preliminary
2449		-	14 hearing; revocation of parole or mandatory supervised release;
2450		-	15 revocation hearing.
2451		-	16 (a) If prior to expiration or termination of the term of
2452		-	17 parole or mandatory supervised release, a person violates a
2453		-	18 condition set by the Prisoner Review Board or a condition of
2454		-	19 parole or mandatory supervised release under Section 3-3-7 of
2455		-	20 this Code to govern that term, the Board may:
2456		-	21 (1) continue the existing term, with or without
2457		-	22 modifying or enlarging the conditions; or
2458		-	23 (1.5) for those released as a result of youthful
2459		-	24 offender parole as set forth in Section 5-4.5-115 of this
2460		-	25 Code, order that the inmate be subsequently rereleased to
2461		-
2462		-
2463		-
2464		-
2465		-
2466		-	SB0019 Engrossed - 69 - LRB104 08032 JDS 18078 b
2467		-
2468		-
2469		-	SB0019 Engrossed- 70 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 70 - LRB104 08032 JDS 18078 b
2470		-	SB0019 Engrossed - 70 - LRB104 08032 JDS 18078 b
2471		-	1 serve a specified mandatory supervised release term not to
2472		-	2 exceed the full term permitted under the provisions of
2473		-	3 Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
2474		-	4 this Code and may modify or enlarge the conditions of the
2475		-	5 release as the Board deems proper; or
2476		-	6 (2) parole or release the person to a half-way house;
2477		-	7 or
2478		-	8 (3) revoke the parole or mandatory supervised release
2479		-	9 and reconfine the person for a term computed in the
2480		-	10 following manner:
2481		-	11 (i) (A) For those sentenced under the law in
2482		-	12 effect prior to this amendatory Act of 1977, the
2483		-	13 recommitment shall be for any portion of the imposed
2484		-	14 maximum term of imprisonment or confinement which had
2485		-	15 not been served at the time of parole and the parole
2486		-	16 term, less the time elapsed between the parole of the
2487		-	17 person and the commission of the violation for which
2488		-	18 parole was revoked;
2489		-	19 (B) Except as set forth in paragraphs (C) and (D),
2490		-	20 for those subject to mandatory supervised release
2491		-	21 under paragraph (d) of Section 5-8-1 of this Code, the
2492		-	22 recommitment shall be for the total mandatory
2493		-	23 supervised release term, less the time elapsed between
2494		-	24 the release of the person and the commission of the
2495		-	25 violation for which mandatory supervised release is
2496		-	26 revoked. The Board may also order that a prisoner
2497		-
2498		-
2499		-
2500		-
2501		-
2502		-	SB0019 Engrossed - 70 - LRB104 08032 JDS 18078 b
2503		-
2504		-
2505		-	SB0019 Engrossed- 71 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 71 - LRB104 08032 JDS 18078 b
2506		-	SB0019 Engrossed - 71 - LRB104 08032 JDS 18078 b
2507		-	1 serve up to one year of the sentence imposed by the
2508		-	2 court which was not served due to the accumulation of
2509		-	3 sentence credit;
2510		-	4 (C) For those subject to sex offender supervision
2511		-	5 under clause (d)(4) of Section 5-8-1 of this Code, the
2512		-	6 reconfinement period for violations of clauses (a)(3)
2513		-	7 through (b-1)(15) of Section 3-3-7 shall not exceed 2
2514		-	8 years from the date of reconfinement;
2515		-	9 (D) For those released as a result of youthful
2516		-	10 offender parole as set forth in Section 5-4.5-115 of
2517		-	11 this Code, the reconfinement period shall be for the
2518		-	12 total mandatory supervised release term, less the time
2519		-	13 elapsed between the release of the person and the
2520		-	14 commission of the violation for which mandatory
2521		-	15 supervised release is revoked. The Board may also
2522		-	16 order that a prisoner serve up to one year of the
2523		-	17 mandatory supervised release term previously earned.
2524		-	18 The Board may also order that the inmate be
2525		-	19 subsequently rereleased to serve a specified mandatory
2526		-	20 supervised release term not to exceed the full term
2527		-	21 permitted under the provisions of Section 5-4.5-115
2528		-	22 and subsection (d) of Section 5-8-1 of this Code and
2529		-	23 may modify or enlarge the conditions of the release as
2530		-	24 the Board deems proper;
2531		-	25 (ii) the person shall be given credit against the
2532		-	26 term of reimprisonment or reconfinement for time spent
2533		-
2534		-
2535		-
2536		-
2537		-
2538		-	SB0019 Engrossed - 71 - LRB104 08032 JDS 18078 b
2539		-
2540		-
2541		-	SB0019 Engrossed- 72 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 72 - LRB104 08032 JDS 18078 b
2542		-	SB0019 Engrossed - 72 - LRB104 08032 JDS 18078 b
2543		-	1 in custody since he or she was paroled or released
2544		-	2 which has not been credited against another sentence
2545		-	3 or period of confinement;
2546		-	4 (iii) (blank);
2547		-	5 (iv) this Section is subject to the release under
2548		-	6 supervision and the reparole and rerelease provisions
2549		-	7 of Section 3-3-10.
2550		-	8 (b) The Board may revoke parole or mandatory supervised
2551		-	9 release for violation of a condition for the duration of the
2552		-	10 term and for any further period which is reasonably necessary
2553		-	11 for the adjudication of matters arising before its expiration.
2554		-	12 The issuance of a warrant of arrest for an alleged violation of
2555		-	13 the conditions of parole or mandatory supervised release shall
2556		-	14 toll the running of the term until the final determination of
2557		-	15 the charge. When parole or mandatory supervised release is not
2558		-	16 revoked that period shall be credited to the term, unless a
2559		-	17 community-based sanction is imposed as an alternative to
2560		-	18 revocation and reincarceration, including a diversion
2561		-	19 established by the Illinois Department of Corrections Parole
2562		-	20 Services Unit prior to the holding of a preliminary parole
2563		-	21 revocation hearing. Parolees who are diverted to a
2564		-	22 community-based sanction shall serve the entire term of parole
2565		-	23 or mandatory supervised release, if otherwise appropriate.
2566		-	24 (b-5) The Board shall revoke parole or mandatory
2567		-	25 supervised release for violation of the conditions prescribed
2568		-	26 in paragraph (7.6) of subsection (a) of Section 3-3-7.
2569		-
2570		-
2571		-
2572		-
2573		-
2574		-	SB0019 Engrossed - 72 - LRB104 08032 JDS 18078 b
2575		-
2576		-
2577		-	SB0019 Engrossed- 73 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 73 - LRB104 08032 JDS 18078 b
2578		-	SB0019 Engrossed - 73 - LRB104 08032 JDS 18078 b
2579		-	1 (c) A person charged with violating a condition of parole
2580		-	2 or mandatory supervised release shall have a preliminary
2581		-	3 hearing before a hearing officer designated by the Board to
2582		-	4 determine if there is cause to hold the person for a revocation
2583		-	5 hearing. However, no preliminary hearing need be held when
2584		-	6 revocation is based upon new criminal charges and a court
2585		-	7 finds probable cause on the new criminal charges or when the
2586		-	8 revocation is based upon a new criminal conviction and a
2587		-	9 certified copy of that conviction is available.
2588		-	10 (d) Parole or mandatory supervised release shall not be
2589		-	11 revoked without written notice to the offender setting forth
2590		-	12 the violation of parole or mandatory supervised release
2591		-	13 charged against him or her. Before the Board makes a decision
2592		-	14 on whether to revoke an offender's parole or mandatory
2593		-	15 supervised release, the Prisoner Review Board must run a LEADS
2594		-	16 report. The Board shall publish on the Board's publicly
2595		-	17 accessible website the name and identification number of
2596		-	18 offenders who are alleged to have violated terms of parole or
2597		-	19 mandatory supervised release and the Board's decision as to
2598		-	20 whether to revoke parole or mandatory supervised release. This
2599		-	21 information shall be accessible for a period of 60 days after
2600		-	22 the information is posted.
2601		-	23 (e) A hearing on revocation shall be conducted before at
2602		-	24 least one member of the Prisoner Review Board. The Board may
2603		-	25 meet and order its actions in panels of 3 or more members. The
2604		-	26 action of a majority of the panel shall be the action of the
2605		-
2606		-
2607		-
2608		-
2609		-
2610		-	SB0019 Engrossed - 73 - LRB104 08032 JDS 18078 b
2611		-
2612		-
2613		-	SB0019 Engrossed- 74 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 74 - LRB104 08032 JDS 18078 b
2614		-	SB0019 Engrossed - 74 - LRB104 08032 JDS 18078 b
2615		-	1 Board. A record of the hearing shall be made. At the hearing
2616		-	2 the offender shall be permitted to:
2617		-	3 (1) appear and answer the charge; and
2618		-	4 (2) bring witnesses on his or her behalf.
2619		-	5 (f) The Board shall either revoke parole or mandatory
2620		-	6 supervised release or order the person's term continued with
2621		-	7 or without modification or enlargement of the conditions.
2622		-	8 (g) Parole or mandatory supervised release shall not be
2623		-	9 revoked for failure to make payments under the conditions of
2624		-	10 parole or release unless the Board determines that such
2625		-	11 failure is due to the offender's willful refusal to pay.
2626		-	12 (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
2627		-	13 (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
2628		-	14 Sec. 3-3-13. Procedure for executive clemency.
2629		-	15 (a) Petitions seeking pardon, commutation, or reprieve
2630		-	16 shall be addressed to the Governor and filed with the Prisoner
2631		-	17 Review Board. The petition shall be in writing and signed by
2632		-	18 the person under conviction or by a person on his behalf. It
2633		-	19 shall contain a brief history of the case, the reasons for
2634		-	20 seeking executive clemency, and other relevant information the
2635		-	21 Board may require.
2636		-	22 (a-5) After a petition has been denied by the Governor,
2637		-	23 the Board may not accept a repeat petition for executive
2638		-	24 clemency for the same person until one full year has elapsed
2639		-	25 from the date of the denial. The Chairman of the Board may
2640		-
2641		-
2642		-
2643		-
2644		-
2645		-	SB0019 Engrossed - 74 - LRB104 08032 JDS 18078 b
2646		-
2647		-
2648		-	SB0019 Engrossed- 75 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 75 - LRB104 08032 JDS 18078 b
2649		-	SB0019 Engrossed - 75 - LRB104 08032 JDS 18078 b
2650		-	1 waive the one-year requirement if the petitioner offers in
2651		-	2 writing new information that was unavailable to the petitioner
2652		-	3 at the time of the filing of the prior petition and which the
2653		-	4 Chairman determines to be significant. The Chairman also may
2654		-	5 waive the one-year waiting period if the petitioner can show
2655		-	6 that a change in circumstances of a compelling humanitarian
2656		-	7 nature has arisen since the denial of the prior petition.
2657		-	8 (b) Notice of the proposed application shall be given by
2658		-	9 the Board to the committing court and the state's attorney of
2659		-	10 the county where the conviction was had.
2660		-	11 (b-5) Victims registered with the Board shall receive
2661		-	12 reasonable written notice not less than 30 days prior to the
2662		-	13 executive clemency hearing date. The victim has the right to
2663		-	14 submit a victim statement, in support or opposition, to the
2664		-	15 Prisoner Review Board for consideration at an executive
2665		-	16 clemency hearing as provided in subsection (c) of this
2666		-	17 Section. Victim statements provided to the Board shall be
2667		-	18 confidential and privileged, including any statements received
2668		-	19 prior to the effective date of this amendatory Act of the 101st
2669		-	20 General Assembly, except if the statement was an oral
2670		-	21 statement made by the victim at a hearing open to the public.
2671		-	22 (c) The Board shall, upon due notice, give a hearing to
2672		-	23 each application, allowing representation by counsel, if
2673		-	24 desired, after which it shall confidentially advise the
2674		-	25 Governor by a written report of its recommendations which
2675		-	26 shall be determined by majority vote. The written report to
2676		-
2677		-
2678		-
2679		-
2680		-
2681		-	SB0019 Engrossed - 75 - LRB104 08032 JDS 18078 b
2682		-
2683		-
2684		-	SB0019 Engrossed- 76 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 76 - LRB104 08032 JDS 18078 b
2685		-	SB0019 Engrossed - 76 - LRB104 08032 JDS 18078 b
2686		-	1 the Governor shall be confidential and privileged, including
2687		-	2 any reports made prior to the effective date of this
2688		-	3 amendatory Act of the 101st General Assembly. The Board shall
2689		-	4 meet to consider such petitions no less than 4 times each year.
2690		-	5 (d) The Governor shall decide each application and
2691		-	6 communicate his decision to the Board which shall notify the
2692		-	7 petitioner.
2693		-	8 In the event a petitioner who has been convicted of a Class
2694		-	9 X felony is granted a release, after the Governor has
2695		-	10 communicated such decision to the Board, the Board shall give
2696		-	11 written notice to the Sheriff of the county from which the
2697		-	12 offender was sentenced if such sheriff has requested that such
2698		-	13 notice be given on a continuing basis. In cases where arrest of
2699		-	14 the offender or the commission of the offense took place in any
2700		-	15 municipality with a population of more than 10,000 persons,
2701		-	16 the Board shall also give written notice to the proper law
2702		-	17 enforcement agency for said municipality which has requested
2703		-	18 notice on a continuing basis.
2704		-	19 (e) Nothing in this Section shall be construed to limit
2705		-	20 the power of the Governor under the constitution to grant a
2706		-	21 reprieve, commutation of sentence, or pardon.
2707		-	22 (Source: P.A. 103-51, eff. 1-1-24.)
2708		-	23 (730 ILCS 5/3-3-14)
2709		-	24 Sec. 3-3-14. Procedure for medical release.
2710		-	25 (a) Definitions.
2711		-
2712		-
2713		-
2714		-
2715		-
2716		-	SB0019 Engrossed - 76 - LRB104 08032 JDS 18078 b
2717		-
2718		-
2719		-	SB0019 Engrossed- 77 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 77 - LRB104 08032 JDS 18078 b
2720		-	SB0019 Engrossed - 77 - LRB104 08032 JDS 18078 b
2721		-	1 (1) As used in this Section, "medically incapacitated"
2722		-	2 means that a petitioner an inmate has any diagnosable
2723		-	3 medical condition, including dementia and severe,
2724		-	4 permanent medical or cognitive disability, that prevents
2725		-	5 the petitioner inmate from completing more than one
2726		-	6 activity of daily living without assistance or that
2727		-	7 incapacitates the petitioner inmate to the extent that
2728		-	8 institutional confinement does not offer additional
2729		-	9 restrictions, and that the condition is unlikely to
2730		-	10 improve noticeably in the future.
2731		-	11 (2) As used in this Section, "terminal illness" means
2732		-	12 a condition that satisfies all of the following criteria:
2733		-	13 (i) the condition is irreversible and incurable;
2734		-	14 and
2735		-	15 (ii) in accordance with medical standards and a
2736		-	16 reasonable degree of medical certainty, based on an
2737		-	17 individual assessment of the petitioner inmate, the
2738		-	18 condition is likely to cause death to the petitioner
2739		-	19 inmate within 18 months.
2740		-	20 (b) The Prisoner Review Board shall consider an
2741		-	21 application for compassionate release on behalf of any
2742		-	22 petitioner inmate who meets any of the following:
2743		-	23 (1) is suffering from a terminal illness; or
2744		-	24 (2) has been diagnosed with a condition that will
2745		-	25 result in medical incapacity within the next 6 months; or
2746		-	26 (3) has become medically incapacitated subsequent to
2747		-
2748		-
2749		-
2750		-
2751		-
2752		-	SB0019 Engrossed - 77 - LRB104 08032 JDS 18078 b
2753		-
2754		-
2755		-	SB0019 Engrossed- 78 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 78 - LRB104 08032 JDS 18078 b
2756		-	SB0019 Engrossed - 78 - LRB104 08032 JDS 18078 b
2757		-	1 sentencing due to illness or injury.
2758		-	2 (c) Initial application.
2759		-	3 (1) An initial application for medical release may be
2760		-	4 filed with the Prisoner Review Board by the petitioner an
2761		-	5 inmate, a prison official, a medical professional who has
2762		-	6 treated or diagnosed the petitioner inmate, or the
2763		-	7 petitioner's an inmate's spouse, parent, guardian,
2764		-	8 grandparent, aunt or uncle, sibling, child over the age of
2765		-	9 eighteen years, or attorney. If the initial application is
2766		-	10 made by someone other than the petitioner inmate, the
2767		-	11 petitioner inmate, or if the petitioner inmate is
2768		-	12 medically unable to consent, the guardian or family member
2769		-	13 designated to represent the petitioner's inmate's
2770		-	14 interests must consent to the application at the time of
2771		-	15 the institutional hearing.
2772		-	16 (2) Application materials shall be maintained on the
2773		-	17 Prisoner Review Board's website and the Department of
2774		-	18 Corrections' website and maintained in a clearly visible
2775		-	19 place within the law library and the infirmary of every
2776		-	20 penal institution and facility operated by the Department
2777		-	21 of Corrections.
2778		-	22 (3) The initial application need not be notarized, can
2779		-	23 be sent via email or facsimile, and must contain the
2780		-	24 following information:
2781		-	25 (i) the petitioner's inmate's name and Illinois
2782		-	26 Department of Corrections number;
2783		-
2784		-
2785		-
2786		-
2787		-
2788		-	SB0019 Engrossed - 78 - LRB104 08032 JDS 18078 b
2789		-
2790		-
2791		-	SB0019 Engrossed- 79 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 79 - LRB104 08032 JDS 18078 b
2792		-	SB0019 Engrossed - 79 - LRB104 08032 JDS 18078 b
2793		-	1 (ii) the petitioner's inmate's diagnosis;
2794		-	2 (iii) a statement that the petitioner inmate meets
2795		-	3 one of the following diagnostic criteria:
2796		-	4 (A) the petitioner inmate is suffering from a
2797		-	5 terminal illness;
2798		-	6 (B) the petitioner inmate has been diagnosed
2799		-	7 with a condition that will result in medical
2800		-	8 incapacity within the next 6 months; or
2801		-	9 (C) the petitioner inmate has become medically
2802		-	10 incapacitated subsequent to sentencing due to
2803		-	11 illness or injury.
2804		-	12 (3.5) The Prisoner Review Board shall place no
2805		-	13 additional restrictions, limitations, or requirements on
2806		-	14 applications from petitioners.
2807		-	15 (4) Upon receiving the petitioner's inmate's initial
2808		-	16 application, the Board shall order the Department of
2809		-	17 Corrections to have a physician or nurse practitioner
2810		-	18 evaluate the petitioner inmate and create a written
2811		-	19 evaluation within ten days of the Board's order. The
2812		-	20 evaluation shall include but need not be limited to:
2813		-	21 (i) a concise statement of the petitioner inmate's
2814		-	22 medical diagnosis, including prognosis, likelihood of
2815		-	23 recovery, and primary symptoms, to include
2816		-	24 incapacitation; and
2817		-	25 (ii) a statement confirming or denying that the
2818		-	26 petitioner inmate meets one of the criteria stated in
2819		-
2820		-
2821		-
2822		-
2823		-
2824		-	SB0019 Engrossed - 79 - LRB104 08032 JDS 18078 b
2825		-
2826		-
2827		-	SB0019 Engrossed- 80 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 80 - LRB104 08032 JDS 18078 b
2828		-	SB0019 Engrossed - 80 - LRB104 08032 JDS 18078 b
2829		-	1 subsection (b) of this Section.
2830		-	2 (5) Upon a determination that the petitioner is
2831		-	3 eligible for a hearing, the Prisoner Review Board shall:
2832		-	4 (i) provide public notice of the petitioner's
2833		-	5 name, docket number, counsel, and hearing date; and
2834		-	6 (ii) provide a copy of the evaluation and any
2835		-	7 medical records provided by the Department of
2836		-	8 Corrections to the petitioner or the petitioner's
2837		-	9 attorney upon scheduling the institutional hearing.
2838		-	10 (d) Institutional hearing. No public institutional hearing
2839		-	11 is required for consideration of a petition, but shall be
2840		-	12 granted at the request of the petitioner. Hearings are public
2841		-	13 unless the petitioner requests a non-public hearing. The
2842		-	14 petitioner has a right to attend the hearing and to speak on
2843		-	15 the petitioner's own behalf. The petitioner inmate may be
2844		-	16 represented by counsel and may present witnesses to the Board
2845		-	17 members. Hearings shall be governed by the Open Parole
2846		-	18 Hearings Act. Members of the public shall be permitted to
2847		-	19 freely attend public hearings without restriction.
2848		-	20 (e) Voting procedure. Petitions shall be considered by
2849		-	21 three-member panels, and decisions shall be made by simple
2850		-	22 majority. Voting shall take place during the public hearing.
2851		-	23 (f) Consideration. In considering a petition for release
2852		-	24 under the statute, the Prisoner Review Board may consider the
2853		-	25 following factors:
2854		-	26 (i) the petitioner's inmate's diagnosis and
2855		-
2856		-
2857		-
2858		-
2859		-
2860		-	SB0019 Engrossed - 80 - LRB104 08032 JDS 18078 b
2861		-
2862		-
2863		-	SB0019 Engrossed- 81 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 81 - LRB104 08032 JDS 18078 b
2864		-	SB0019 Engrossed - 81 - LRB104 08032 JDS 18078 b
2865		-	1 likelihood of recovery;
2866		-	2 (ii) the approximate cost of health care to the
2867		-	3 State should the petitioner inmate remain in custody;
2868		-	4 (iii) the impact that the petitioner's inmate's
2869		-	5 continued incarceration may have on the provision of
2870		-	6 medical care within the Department;
2871		-	7 (iv) the present likelihood of and ability to pose
2872		-	8 a substantial danger to the physical safety of a
2873		-	9 specifically identifiable person or persons;
2874		-	10 (v) any statements by the victim regarding
2875		-	11 release; and
2876		-	12 (vi) whether the petitioner's inmate's condition
2877		-	13 was explicitly disclosed to the original sentencing
2878		-	14 judge and taken into account at the time of
2879		-	15 sentencing.
2880		-	16 (f-1) Upon denying an eligible petitioner's application
2881		-	17 for medical release, the Prisoner Review Board shall publish a
2882		-	18 decision letter outlining the reason for denial. The decision
2883		-	19 letter must include an explanation of each statutory factor
2884		-	20 and the estimated annual cost of the petitioner's continued
2885		-	21 incarceration, including the petitioner's medical care.
2886		-	22 (g) Petitioners Inmates granted medical release shall be
2887		-	23 released on mandatory supervised release for a period of 5
2888		-	24 years subject to Section 3-3-8, which shall operate to
2889		-	25 discharge any remaining term of years imposed upon him or her.
2890		-	26 However, in no event shall the eligible person serve a period
2891		-
2892		-
2893		-
2894		-
2895		-
2896		-	SB0019 Engrossed - 81 - LRB104 08032 JDS 18078 b
2897		-
2898		-
2899		-	SB0019 Engrossed- 82 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 82 - LRB104 08032 JDS 18078 b
2900		-	SB0019 Engrossed - 82 - LRB104 08032 JDS 18078 b
2901		-	1 of mandatory supervised release greater than the aggregate of
2902		-	2 the discharged underlying sentence and the mandatory
2903		-	3 supervised release period as set forth in Section 5-4.5-20.
2904		-	4 (h) Within 90 days of the receipt of the initial
2905		-	5 application, the Prisoner Review Board shall conduct a hearing
2906		-	6 if a hearing is requested and render a decision granting or
2907		-	7 denying the petitioner's request for release.
2908		-	8 (i) Nothing in this statute shall preclude a petitioner
2909		-	9 from seeking alternative forms of release, including clemency,
2910		-	10 relief from the sentencing court, post-conviction relief, or
2911		-	11 any other legal remedy.
2912		-	12 (j) This act applies retroactively, and shall be
2913		-	13 applicable to all currently incarcerated people in Illinois.
2914		-	14 (k) Data report. The Department of Corrections and the
2915		-	15 Prisoner Review Board shall release a report annually
2916		-	16 published on their websites that reports the following
2917		-	17 information about the Medical Release Program:
2918		-	18 (1) The number of applications for medical release
2919		-	19 received by the Board in the preceding year, and
2920		-	20 information about those applications, including:
2921		-	21 (i) demographic data about the petitioner
2922		-	22 individual, including race or ethnicity, gender, age,
2923		-	23 and institution;
2924		-	24 (ii) the highest class of offense for which the
2925		-	25 petitioner individual is incarcerated;
2926		-	26 (iii) the relationship of the petitioner applicant
2927		-
2928		-
2929		-
2930		-
2931		-
2932		-	SB0019 Engrossed - 82 - LRB104 08032 JDS 18078 b
2933		-
2934		-
2935		-	SB0019 Engrossed- 83 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 83 - LRB104 08032 JDS 18078 b
2936		-	SB0019 Engrossed - 83 - LRB104 08032 JDS 18078 b
2937		-	1 to the person completing the application;
2938		-	2 (iv) whether the petitioner applicant had applied
2939		-	3 for medical release before and been denied, and, if
2940		-	4 so, when;
2941		-	5 (v) whether the petitioner person applied as a
2942		-	6 person who is medically incapacitated or a person who
2943		-	7 is terminally ill; and
2944		-	8 (vi) a basic description of the underlying medical
2945		-	9 condition that led to the application ; and .
2946		-	10 (vii) the institution in which the petitioner was
2947		-	11 confined at the time of the application.
2948		-	12 (2) The number of medical statements from the
2949		-	13 Department of Corrections received by the Board.
2950		-	14 (3) The number of institutional hearings on medical
2951		-	15 release applications conducted by the Board including: .
2952		-	16 (i) whether the petitioner was represented by an
2953		-	17 attorney; and
2954		-	18 (ii) whether the application was considered in a
2955		-	19 public or non-public hearing.
2956		-	20 (4) The number of people approved for medical release,
2957		-	21 and information about them, including:
2958		-	22 (i) demographic data about the individual
2959		-	23 including race or ethnicity, gender, age, and zip code
2960		-	24 to which they were released;
2961		-	25 (ii) whether the person applied as a person who is
2962		-	26 medically incapacitated or a person who is terminally
2963		-
2964		-
2965		-
2966		-
2967		-
2968		-	SB0019 Engrossed - 83 - LRB104 08032 JDS 18078 b
2969		-
2970		-
2971		-	SB0019 Engrossed- 84 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 84 - LRB104 08032 JDS 18078 b
2972		-	SB0019 Engrossed - 84 - LRB104 08032 JDS 18078 b
2973		-	1 ill;
2974		-	2 (iii) a basic description of the underlying
2975		-	3 medical condition that led to the application; and
2976		-	4 (iv) a basic description of the medical setting
2977		-	5 the person was released to; .
2978		-	6 (v) whether the petitioner was represented by an
2979		-	7 attorney; and
2980		-	8 (vi) whether the application was considered in a
2981		-	9 public or non-public hearing.
2982		-	10 (5) The number of people released on the medical
2983		-	11 release program.
2984		-	12 (6) The number of people approved for medical release
2985		-	13 who experienced more than a one-month delay between
2986		-	14 release decision and ultimate release, including:
2987		-	15 (i) demographic data about the individuals
2988		-	16 including race or ethnicity, gender and age;
2989		-	17 (ii) the reason for the delay;
2990		-	18 (iii) whether the person remains incarcerated; and
2991		-	19 (iv) a basic description of the underlying medical
2992		-	20 condition of the applying person.
2993		-	21 (7) For those individuals released on mandatory
2994		-	22 supervised release due to a granted application for
2995		-	23 medical release:
2996		-	24 (i) the number of individuals who were serving
2997		-	25 terms of mandatory supervised release because of
2998		-	26 medical release applications during the previous year;
2999		-
3000		-
3001		-
3002		-
3003		-
3004		-	SB0019 Engrossed - 84 - LRB104 08032 JDS 18078 b
3005		-
3006		-
3007		-	SB0019 Engrossed- 85 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 85 - LRB104 08032 JDS 18078 b
3008		-	SB0019 Engrossed - 85 - LRB104 08032 JDS 18078 b
3009		-	1 (ii) the number of individuals who had their
3010		-	2 mandatory supervised release revoked; and
3011		-	3 (iii) the number of individuals who died during
3012		-	4 the previous year.
3013		-	5 (8) Information on seriously ill individuals
3014		-	6 incarcerated at the Department of Corrections, including:
3015		-	7 (i) the number of people currently receiving
3016		-	8 full-time one-on-one medical care or assistance with
3017		-	9 activities of daily living within Department of
3018		-	10 Corrections facilities and whether that care is
3019		-	11 provided by a medical practitioner or an incarcerated
3020		-	12 person inmate, along with the institutions at which
3021		-	13 they are incarcerated; and
3022		-	14 (ii) the number of people who spent more than one
3023		-	15 month in outside hospital care during the previous
3024		-	16 year and their home institutions.
3025		-	17 All the information provided in this report shall be
3026		-	18 provided in aggregate, and nothing shall be construed to
3027		-	19 require the public dissemination of any personal medical
3028		-	20 information.
3029		-	21 (Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.)
3030		-	22 (730 ILCS 5/3-5-1)
3031		-	23 Sec. 3-5-1. Master record file.
3032		-	24 (a) The Department of Corrections and the Department of
3033		-	25 Juvenile Justice shall maintain a master record file on each
3034		-
3035		-
3036		-
3037		-
3038		-
3039		-	SB0019 Engrossed - 85 - LRB104 08032 JDS 18078 b
3040		-
3041		-
3042		-	SB0019 Engrossed- 86 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 86 - LRB104 08032 JDS 18078 b
3043		-	SB0019 Engrossed - 86 - LRB104 08032 JDS 18078 b
3044		-	1 person committed to it, which shall contain the following
3045		-	2 information:
3046		-	3 (1) all information from the committing court;
3047		-	4 (1.5) ethnic and racial background data collected in
3048		-	5 accordance with Section 4.5 of the Criminal Identification
3049		-	6 Act and Section 2-5 of the No Representation Without
3050		-	7 Population Act;
3051		-	8 (1.6) the committed person's last known complete
3052		-	9 street address prior to incarceration or legal residence
3053		-	10 collected in accordance with Section 2-5 of the No
3054		-	11 Representation Without Population Act;
3055		-	12 (2) reception summary;
3056		-	13 (3) evaluation and assignment reports and
3057		-	14 recommendations;
3058		-	15 (4) reports as to program assignment and progress;
3059		-	16 (5) reports of disciplinary infractions and
3060		-	17 disposition, including tickets and Administrative Review
3061		-	18 Board action;
3062		-	19 (6) any parole or aftercare release plan;
3063		-	20 (7) any parole or aftercare release reports;
3064		-	21 (8) the date and circumstances of final discharge;
3065		-	22 (9) criminal history;
3066		-	23 (10) current and past gang affiliations and ranks;
3067		-	24 (11) information regarding associations and family
3068		-	25 relationships;
3069		-	26 (12) any grievances filed and responses to those
3070		-
3071		-
3072		-
3073		-
3074		-
3075		-	SB0019 Engrossed - 86 - LRB104 08032 JDS 18078 b
3076		-
3077		-
3078		-	SB0019 Engrossed- 87 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 87 - LRB104 08032 JDS 18078 b
3079		-	SB0019 Engrossed - 87 - LRB104 08032 JDS 18078 b
3080		-	1 grievances;
3081		-	2 (13) other information that the respective Department
3082		-	3 determines is relevant to the secure confinement and
3083		-	4 rehabilitation of the committed person;
3084		-	5 (14) the last known address provided by the person
3085		-	6 committed; and
3086		-	7 (15) all medical and dental records.
3087		-	8 (b) Except as provided in subsections (f) and (f-5), all
3088		-	9 All files shall be confidential and access shall be limited to
3089		-	10 authorized personnel of the respective Department or by
3090		-	11 disclosure in accordance with a court order or subpoena.
3091		-	12 Personnel of other correctional, welfare or law enforcement
3092		-	13 agencies may have access to files under rules and regulations
3093		-	14 of the respective Department. The respective Department shall
3094		-	15 keep a record of all outside personnel who have access to
3095		-	16 files, the files reviewed, any file material copied, and the
3096		-	17 purpose of access. If the respective Department or the
3097		-	18 Prisoner Review Board makes a determination under this Code
3098		-	19 which affects the length of the period of confinement or
3099		-	20 commitment, the committed person and his counsel shall be
3100		-	21 advised of factual information relied upon by the respective
3101		-	22 Department or Board to make the determination, provided that
3102		-	23 the Department or Board shall not be required to advise a
3103		-	24 person committed to the Department of Juvenile Justice any
3104		-	25 such information which in the opinion of the Department of
3105		-	26 Juvenile Justice or Board would be detrimental to his
3106		-
3107		-
3108		-
3109		-
3110		-
3111		-	SB0019 Engrossed - 87 - LRB104 08032 JDS 18078 b
3112		-
3113		-
3114		-	SB0019 Engrossed- 88 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 88 - LRB104 08032 JDS 18078 b
3115		-	SB0019 Engrossed - 88 - LRB104 08032 JDS 18078 b
3116		-	1 treatment or rehabilitation.
3117		-	2 (c) The master file shall be maintained at a place
3118		-	3 convenient to its use by personnel of the respective
3119		-	4 Department in charge of the person. When custody of a person is
3120		-	5 transferred from the Department to another department or
3121		-	6 agency, a summary of the file shall be forwarded to the
3122		-	7 receiving agency with such other information required by law
3123		-	8 or requested by the agency under rules and regulations of the
3124		-	9 respective Department.
3125		-	10 (d) The master file of a person no longer in the custody of
3126		-	11 the respective Department shall be placed on inactive status
3127		-	12 and its use shall be restricted subject to rules and
3128		-	13 regulations of the Department.
3129		-	14 (e) All public agencies may make available to the
3130		-	15 respective Department on request any factual data not
3131		-	16 otherwise privileged as a matter of law in their possession in
3132		-	17 respect to individuals committed to the respective Department.
3133		-	18 (f) A committed person may request a summary of the
3134		-	19 committed person's master record file once per year and the
3135		-	20 committed person's attorney may request one summary of the
3136		-	21 committed person's master record file once per year. The
3137		-	22 Department shall create a form for requesting this summary,
3138		-	23 and shall make that form available to committed persons and to
3139		-	24 the public on its website. Upon receipt of the request form,
3140		-	25 the Department shall provide the summary within 15 days. The
3141		-	26 summary must contain, unless otherwise prohibited by law:
3142		-
3143		-
3144		-
3145		-
3146		-
3147		-	SB0019 Engrossed - 88 - LRB104 08032 JDS 18078 b
3148		-
3149		-
3150		-	SB0019 Engrossed- 89 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 89 - LRB104 08032 JDS 18078 b
3151		-	SB0019 Engrossed - 89 - LRB104 08032 JDS 18078 b
3152		-	1 (1) the person's name, ethnic, racial, last known
3153		-	2 street address prior to incarceration or legal residence,
3154		-	3 and other identifying information;
3155		-	4 (2) all digitally available information from the
3156		-	5 committing court;
3157		-	6 (3) all information in the Offender 360 system on the
3158		-	7 person's criminal history;
3159		-	8 (4) the person's complete assignment history in the
3160		-	9 Department of Corrections;
3161		-	10 (5) the person's disciplinary card;
3162		-	11 (6) additional records about up to 3 specific
3163		-	12 disciplinary incidents as identified by the requester;
3164		-	13 (7) any available records about up to 5 specific
3165		-	14 grievances filed by the person, as identified by the
3166		-	15 requester; and
3167		-	16 (8) the records of all grievances filed on or after
3168		-	17 January 1, 2023.
3169		-	18 Notwithstanding any provision of this subsection (f) to
3170		-	19 the contrary, a committed person's master record file is not
3171		-	20 subject to disclosure and copying under the Freedom of
3172		-	21 Information Act.
3173		-	22 (f-5) At least 60 days before a person's executive
3174		-	23 clemency, medical release, or parole hearing, if requested,
3175		-	24 the Department of Corrections shall provide the person and
3176		-	25 their legal counsel, if retained, a copy of (i) the person's
3177		-	26 disciplinary card and (ii) any available records of the
3178		-
3179		-
3180		-
3181		-
3182		-
3183		-	SB0019 Engrossed - 89 - LRB104 08032 JDS 18078 b
3184		-
3185		-
3186		-	SB0019 Engrossed- 90 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 90 - LRB104 08032 JDS 18078 b
3187		-	SB0019 Engrossed - 90 - LRB104 08032 JDS 18078 b
3188		-	1 person's participation in programming and education.
3189		-	2 (g) Subject to appropriation, on or before July 1, 2025,
3190		-	3 the Department of Corrections shall digitalize all newly
3191		-	4 committed persons' master record files who become incarcerated
3192		-	5 and all other new information that the Department maintains
3193		-	6 concerning its correctional institutions, facilities, and
3194		-	7 individuals incarcerated.
3195		-	8 (h) Subject to appropriation, on or before July 1, 2027,
3196		-	9 the Department of Corrections shall digitalize all medical and
3197		-	10 dental records in the master record files and all other
3198		-	11 information that the Department maintains concerning its
3199		-	12 correctional institutions and facilities in relation to
3200		-	13 medical records, dental records, and medical and dental needs
3201		-	14 of committed persons.
3202		-	15 (i) Subject to appropriation, on or before July 1, 2029,
3203		-	16 the Department of Corrections shall digitalize all information
3204		-	17 in the master record files and all other information that the
3205		-	18 Department maintains concerning its correctional institutions
3206		-	19 and facilities.
3207		-	20 (j) The Department of Corrections shall adopt rules to
3208		-	21 implement subsections (g), (h), and (i) if appropriations are
3209		-	22 available to implement these provisions.
3210		-	23 (k) Subject to appropriation, the Department of
3211		-	24 Corrections, in consultation with the Department of Innovation
3212		-	25 and Technology, shall conduct a study on the best way to
3213		-	26 digitize all Department of Corrections records and the impact
3214		-
3215		-
3216		-
3217		-
3218		-
3219		-	SB0019 Engrossed - 90 - LRB104 08032 JDS 18078 b
3220		-
3221		-
3222		-	SB0019 Engrossed- 91 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 91 - LRB104 08032 JDS 18078 b
3223		-	SB0019 Engrossed - 91 - LRB104 08032 JDS 18078 b
3224		-	1 of that digitizing on State agencies, including the impact on
3225		-	2 the Department of Innovation and Technology. The study shall
3226		-	3 be completed on or before January 1, 2024.
3227		-	4 (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
3228		-	5 103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff.
3229		-	6 6-30-23; 103-605, eff. 7-1-24.)
3230		-	7 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
3231		-	8 Sec. 3-14-1. Release from the institution.
3232		-	9 (a) Upon release of a person on parole, mandatory release,
3233		-	10 final discharge, or pardon, the Department shall return all
3234		-	11 property held for him, provide him with suitable clothing and
3235		-	12 procure necessary transportation for him to his designated
3236		-	13 place of residence and employment. It may provide such person
3237		-	14 with a grant of money for travel and expenses which may be paid
3238		-	15 in installments. The amount of the money grant shall be
3239		-	16 determined by the Department.
3240		-	17 (a-1) The Department shall, before a wrongfully imprisoned
3241		-	18 person, as defined in Section 3-1-2 of this Code, is
3242		-	19 discharged from the Department, provide him or her with any
3243		-	20 documents necessary after discharge.
3244		-	21 (a-2) The Department of Corrections may establish and
3245		-	22 maintain, in any institution it administers, revolving funds
3246		-	23 to be known as "Travel and Allowances Revolving Funds". These
3247		-	24 revolving funds shall be used for advancing travel and expense
3248		-	25 allowances to committed, paroled, and discharged prisoners.
3249		-
3250		-
3251		-
3252		-
3253		-
3254		-	SB0019 Engrossed - 91 - LRB104 08032 JDS 18078 b
3255		-
3256		-
3257		-	SB0019 Engrossed- 92 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 92 - LRB104 08032 JDS 18078 b
3258		-	SB0019 Engrossed - 92 - LRB104 08032 JDS 18078 b
3259		-	1 The moneys paid into such revolving funds shall be from
3260		-	2 appropriations to the Department for Committed, Paroled, and
3261		-	3 Discharged Prisoners.
3262		-	4 (a-3) Upon release of a person who is eligible to vote on
3263		-	5 parole, mandatory release, final discharge, or pardon, the
3264		-	6 Department shall provide the person with a form that informs
3265		-	7 him or her that his or her voting rights have been restored and
3266		-	8 a voter registration application. The Department shall have
3267		-	9 available voter registration applications in the languages
3268		-	10 provided by the Illinois State Board of Elections. The form
3269		-	11 that informs the person that his or her rights have been
3270		-	12 restored shall include the following information:
3271		-	13 (1) All voting rights are restored upon release from
3272		-	14 the Department's custody.
3273		-	15 (2) A person who is eligible to vote must register in
3274		-	16 order to be able to vote.
3275		-	17 The Department of Corrections shall confirm that the
3276		-	18 person received the voter registration application and has
3277		-	19 been informed that his or her voting rights have been
3278		-	20 restored.
3279		-	21 (a-4) Prior to release of a person on parole, mandatory
3280		-	22 supervised release, final discharge, or pardon, the Department
3281		-	23 shall screen every person for Medicaid eligibility. Officials
3282		-	24 of the correctional institution or facility where the
3283		-	25 committed person is assigned shall assist an eligible person
3284		-	26 to complete a Medicaid application to ensure that the person
3285		-
3286		-
3287		-
3288		-
3289		-
3290		-	SB0019 Engrossed - 92 - LRB104 08032 JDS 18078 b
3291		-
3292		-
3293		-	SB0019 Engrossed- 93 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 93 - LRB104 08032 JDS 18078 b
3294		-	SB0019 Engrossed - 93 - LRB104 08032 JDS 18078 b
3295		-	1 begins receiving benefits as soon as possible after his or her
3296		-	2 release. The application must include the eligible person's
3297		-	3 address associated with his or her residence upon release from
3298		-	4 the facility. If the residence is temporary, the eligible
3299		-	5 person must notify the Department of Human Services of his or
3300		-	6 her change in address upon transition to permanent housing.
3301		-	7 (a-5) Upon release of a person from its custody to parole,
3302		-	8 upon mandatory supervised release, or upon final discharge,
3303		-	9 the Department shall run a LEADS report and shall notify the
3304		-	10 person of all in-effect protective orders issued against the
3305		-	11 person under Article 112A of the Code of Criminal Procedure of
3306		-	12 1963 or under the Illinois Domestic Violence Act of 1986, the
3307		-	13 Civil No Contact Order Act, or the Stalking No Contact Order
3308		-	14 Act, that are identified in the LEADS report.
3309		-	15 (b) (Blank).
3310		-	16 (c) Except as otherwise provided in this Code, the
3311		-	17 Department shall establish procedures to provide written
3312		-	18 notification of any release of any person who has been
3313		-	19 convicted of a felony to the State's Attorney and sheriff of
3314		-	20 the county from which the offender was committed, and the
3315		-	21 State's Attorney and sheriff of the county into which the
3316		-	22 offender is to be paroled or released. Except as otherwise
3317		-	23 provided in this Code, the Department shall establish
3318		-	24 procedures to provide written notification to the proper law
3319		-	25 enforcement agency for any municipality of any release of any
3320		-	26 person who has been convicted of a felony if the arrest of the
3321		-
3322		-
3323		-
3324		-
3325		-
3326		-	SB0019 Engrossed - 93 - LRB104 08032 JDS 18078 b
3327		-
3328		-
3329		-	SB0019 Engrossed- 94 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 94 - LRB104 08032 JDS 18078 b
3330		-	SB0019 Engrossed - 94 - LRB104 08032 JDS 18078 b
3331		-	1 offender or the commission of the offense took place in the
3332		-	2 municipality, if the offender is to be paroled or released
3333		-	3 into the municipality, or if the offender resided in the
3334		-	4 municipality at the time of the commission of the offense. If a
3335		-	5 person convicted of a felony who is in the custody of the
3336		-	6 Department of Corrections or on parole or mandatory supervised
3337		-	7 release informs the Department that he or she has resided,
3338		-	8 resides, or will reside at an address that is a housing
3339		-	9 facility owned, managed, operated, or leased by a public
3340		-	10 housing agency, the Department must send written notification
3341		-	11 of that information to the public housing agency that owns,
3342		-	12 manages, operates, or leases the housing facility. The written
3343		-	13 notification shall, when possible, be given at least 14 days
3344		-	14 before release of the person from custody, or as soon
3345		-	15 thereafter as possible. The written notification shall be
3346		-	16 provided electronically if the State's Attorney, sheriff,
3347		-	17 proper law enforcement agency, or public housing agency has
3348		-	18 provided the Department with an accurate and up to date email
3349		-	19 address.
3350		-	20 (c-1) (Blank).
3351		-	21 (c-2) The Department shall establish procedures to provide
3352		-	22 notice to the Illinois State Police of the release or
3353		-	23 discharge of persons convicted of violations of the
3354		-	24 Methamphetamine Control and Community Protection Act or a
3355		-	25 violation of the Methamphetamine Precursor Control Act. The
3356		-	26 Illinois State Police shall make this information available to
3357		-
3358		-
3359		-
3360		-
3361		-
3362		-	SB0019 Engrossed - 94 - LRB104 08032 JDS 18078 b
3363		-
3364		-
3365		-	SB0019 Engrossed- 95 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 95 - LRB104 08032 JDS 18078 b
3366		-	SB0019 Engrossed - 95 - LRB104 08032 JDS 18078 b
3367		-	1 local, State, or federal law enforcement agencies upon
3368		-	2 request.
3369		-	3 (c-5) If a person on parole or mandatory supervised
3370		-	4 release becomes a resident of a facility licensed or regulated
3371		-	5 by the Department of Public Health, the Illinois Department of
3372		-	6 Public Aid, or the Illinois Department of Human Services, the
3373		-	7 Department of Corrections shall provide copies of the
3374		-	8 following information to the appropriate licensing or
3375		-	9 regulating Department and the licensed or regulated facility
3376		-	10 where the person becomes a resident:
3377		-	11 (1) The mittimus and any pre-sentence investigation
3378		-	12 reports.
3379		-	13 (2) The social evaluation prepared pursuant to Section
3380		-	14 3-8-2.
3381		-	15 (3) Any pre-release evaluation conducted pursuant to
3382		-	16 subsection (j) of Section 3-6-2.
3383		-	17 (4) Reports of disciplinary infractions and
3384		-	18 dispositions.
3385		-	19 (5) Any parole plan, including orders issued by the
3386		-	20 Prisoner Review Board, and any violation reports and
3387		-	21 dispositions.
3388		-	22 (6) The name and contact information for the assigned
3389		-	23 parole agent and parole supervisor.
3390		-	24 This information shall be provided within 3 days of the
3391		-	25 person becoming a resident of the facility.
3392		-	26 (c-10) If a person on parole or mandatory supervised
3393		-
3394		-
3395		-
3396		-
3397		-
3398		-	SB0019 Engrossed - 95 - LRB104 08032 JDS 18078 b
3399		-
3400		-
3401		-	SB0019 Engrossed- 96 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 96 - LRB104 08032 JDS 18078 b
3402		-	SB0019 Engrossed - 96 - LRB104 08032 JDS 18078 b
3403		-	1 release becomes a resident of a facility licensed or regulated
3404		-	2 by the Department of Public Health, the Illinois Department of
3405		-	3 Public Aid, or the Illinois Department of Human Services, the
3406		-	4 Department of Corrections shall provide written notification
3407		-	5 of such residence to the following:
3408		-	6 (1) The Prisoner Review Board.
3409		-	7 (2) The chief of police and sheriff in the
3410		-	8 municipality and county in which the licensed facility is
3411		-	9 located.
3412		-	10 The notification shall be provided within 3 days of the
3413		-	11 person becoming a resident of the facility.
3414		-	12 (d) Upon the release of a committed person on parole,
3415		-	13 mandatory supervised release, final discharge, or pardon, the
3416		-	14 Department shall provide such person with information
3417		-	15 concerning programs and services of the Illinois Department of
3418		-	16 Public Health to ascertain whether such person has been
3419		-	17 exposed to the human immunodeficiency virus (HIV) or any
3420		-	18 identified causative agent of Acquired Immunodeficiency
3421		-	19 Syndrome (AIDS).
3422		-	20 (e) Upon the release of a committed person on parole,
3423		-	21 mandatory supervised release, final discharge, pardon, or who
3424		-	22 has been wrongfully imprisoned, the Department shall verify
3425		-	23 the released person's full name, date of birth, and social
3426		-	24 security number. If verification is made by the Department by
3427		-	25 obtaining a certified copy of the released person's birth
3428		-	26 certificate and the released person's social security card or
3429		-
3430		-
3431		-
3432		-
3433		-
3434		-	SB0019 Engrossed - 96 - LRB104 08032 JDS 18078 b
3435		-
3436		-
3437		-	SB0019 Engrossed- 97 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 97 - LRB104 08032 JDS 18078 b
3438		-	SB0019 Engrossed - 97 - LRB104 08032 JDS 18078 b
3439		-	1 other documents authorized by the Secretary, the Department
3440		-	2 shall provide the birth certificate and social security card
3441		-	3 or other documents authorized by the Secretary to the released
3442		-	4 person. If verification by the Department is done by means
3443		-	5 other than obtaining a certified copy of the released person's
3444		-	6 birth certificate and the released person's social security
3445		-	7 card or other documents authorized by the Secretary, the
3446		-	8 Department shall complete a verification form, prescribed by
3447		-	9 the Secretary of State, and shall provide that verification
3448		-	10 form to the released person.
3449		-	11 (f) Forty-five days prior to the scheduled discharge of a
3450		-	12 person committed to the custody of the Department of
3451		-	13 Corrections, the Department shall give the person:
3452		-	14 (1) who is otherwise uninsured an opportunity to apply
3453		-	15 for health care coverage including medical assistance
3454		-	16 under Article V of the Illinois Public Aid Code in
3455		-	17 accordance with subsection (b) of Section 1-8.5 of the
3456		-	18 Illinois Public Aid Code, and the Department of
3457		-	19 Corrections shall provide assistance with completion of
3458		-	20 the application for health care coverage including medical
3459		-	21 assistance;
3460		-	22 (2) information about obtaining a standard Illinois
3461		-	23 Identification Card or a limited-term Illinois
3462		-	24 Identification Card under Section 4 of the Illinois
3463		-	25 Identification Card Act if the person has not been issued
3464		-	26 an Illinois Identification Card under subsection (a-20) of
3465		-
3466		-
3467		-
3468		-
3469		-
3470		-	SB0019 Engrossed - 97 - LRB104 08032 JDS 18078 b
3471		-
3472		-
3473		-	SB0019 Engrossed- 98 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 98 - LRB104 08032 JDS 18078 b
3474		-	SB0019 Engrossed - 98 - LRB104 08032 JDS 18078 b
3475		-	1 Section 4 of the Illinois Identification Card Act;
3476		-	2 (3) information about voter registration and may
3477		-	3 distribute information prepared by the State Board of
3478		-	4 Elections. The Department of Corrections may enter into an
3479		-	5 interagency contract with the State Board of Elections to
3480		-	6 participate in the automatic voter registration program
3481		-	7 and be a designated automatic voter registration agency
3482		-	8 under Section 1A-16.2 of the Election Code;
3483		-	9 (4) information about job listings upon discharge from
3484		-	10 the correctional institution or facility;
3485		-	11 (5) information about available housing upon discharge
3486		-	12 from the correctional institution or facility;
3487		-	13 (6) a directory of elected State officials and of
3488		-	14 officials elected in the county and municipality, if any,
3489		-	15 in which the committed person intends to reside upon
3490		-	16 discharge from the correctional institution or facility;
3491		-	17 and
3492		-	18 (7) any other information that the Department of
3493		-	19 Corrections deems necessary to provide the committed
3494		-	20 person in order for the committed person to reenter the
3495		-	21 community and avoid recidivism.
3496		-	22 (g) Sixty days before the scheduled discharge of a person
3497		-	23 committed to the custody of the Department or upon receipt of
3498		-	24 the person's certified birth certificate and social security
3499		-	25 card as set forth in subsection (d) of Section 3-8-1 of this
3500		-	26 Act, whichever occurs later, the Department shall transmit an
3501		-
3502		-
3503		-
3504		-
3505		-
3506		-	SB0019 Engrossed - 98 - LRB104 08032 JDS 18078 b
3507		-
3508		-
3509		-	SB0019 Engrossed- 99 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 99 - LRB104 08032 JDS 18078 b
3510		-	SB0019 Engrossed - 99 - LRB104 08032 JDS 18078 b
3511		-	1 application for an Identification Card to the Secretary of
3512		-	2 State, in accordance with subsection (a-20) of Section 4 of
3513		-	3 the Illinois Identification Card Act.
3514		-	4 The Department may adopt rules to implement this Section.
3515		-	5 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
3516		-	6 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
3517		-	7 1-1-24.)
3518		-	8 (730 ILCS 5/5-4.5-115)
3519		-	9 Sec. 5-4.5-115. Parole review of persons under the age of
3520		-	10 21 at the time of the commission of an offense.
3521		-	11 (a) For purposes of this Section, "victim" means a victim
3522		-	12 of a violent crime as defined in subsection (a) of Section 3 of
3523		-	13 the Rights of Crime Victims and Witnesses Act including a
3524		-	14 witness as defined in subsection (b) of Section 3 of the Rights
3525		-	15 of Crime Victims and Witnesses Act; any person legally related
3526		-	16 to the victim by blood, marriage, adoption, or guardianship;
3527		-	17 any friend of the victim; or any concerned citizen.
3528		-	18 (b) A person under 21 years of age at the time of the
3529		-	19 commission of an offense or offenses, other than first degree
3530		-	20 murder, and who is not serving a sentence for first degree
3531		-	21 murder and who is sentenced on or after June 1, 2019 (the
3532		-	22 effective date of Public Act 100-1182) shall be eligible for
3533		-	23 parole review by the Prisoner Review Board after serving 10
3534		-	24 years or more of his or her sentence or sentences, except for
3535		-	25 those serving a sentence or sentences for: (1) aggravated
3536		-
3537		-
3538		-
3539		-
3540		-
3541		-	SB0019 Engrossed - 99 - LRB104 08032 JDS 18078 b
3542		-
3543		-
3544		-	SB0019 Engrossed- 100 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 100 - LRB104 08032 JDS 18078 b
3545		-	SB0019 Engrossed - 100 - LRB104 08032 JDS 18078 b
3546		-	1 criminal sexual assault who shall be eligible for parole
3547		-	2 review by the Prisoner Review Board after serving 20 years or
3548		-	3 more of his or her sentence or sentences or (2) predatory
3549		-	4 criminal sexual assault of a child who shall not be eligible
3550		-	5 for parole review by the Prisoner Review Board under this
3551		-	6 Section. A person under 21 years of age at the time of the
3552		-	7 commission of first degree murder who is sentenced on or after
3553		-	8 June 1, 2019 (the effective date of Public Act 100-1182) shall
3554		-	9 be eligible for parole review by the Prisoner Review Board
3555		-	10 after serving 20 years or more of his or her sentence or
3556		-	11 sentences, except for those subject to a term of natural life
3557		-	12 imprisonment under Section 5-8-1 of this Code or any person
3558		-	13 subject to sentencing under subsection (c) of Section
3559		-	14 5-4.5-105 of this Code, who shall be eligible for parole
3560		-	15 review by the Prisoner Review Board after serving 40 years or
3561		-	16 more of his or her sentence or sentences.
3562		-	17 (c) Three years prior to becoming eligible for parole
3563		-	18 review, the eligible person may file his or her petition for
3564		-	19 parole review with the Prisoner Review Board. The petition
3565		-	20 shall include a copy of the order of commitment and sentence to
3566		-	21 the Department of Corrections for the offense or offenses for
3567		-	22 which review is sought. Within 30 days of receipt of this
3568		-	23 petition, the Prisoner Review Board shall determine whether
3569		-	24 the petition is appropriately filed, and if so, shall set a
3570		-	25 date for parole review 3 years from receipt of the petition and
3571		-	26 notify the Department of Corrections within 10 business days.
3572		-
3573		-
3574		-
3575		-
3576		-
3577		-	SB0019 Engrossed - 100 - LRB104 08032 JDS 18078 b
3578		-
3579		-
3580		-	SB0019 Engrossed- 101 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 101 - LRB104 08032 JDS 18078 b
3581		-	SB0019 Engrossed - 101 - LRB104 08032 JDS 18078 b
3582		-	1 If the Prisoner Review Board determines that the petition is
3583		-	2 not appropriately filed, it shall notify the petitioner in
3584		-	3 writing, including a basis for its determination.
3585		-	4 (d) Within 6 months of the Prisoner Review Board's
3586		-	5 determination that the petition was appropriately filed, a
3587		-	6 representative from the Department of Corrections shall meet
3588		-	7 with the eligible person and provide the inmate information
3589		-	8 about the parole hearing process and personalized
3590		-	9 recommendations for the inmate regarding his or her work
3591		-	10 assignments, rehabilitative programs, and institutional
3592		-	11 behavior. Following this meeting, the eligible person has 7
3593		-	12 calendar days to file a written request to the representative
3594		-	13 from the Department of Corrections who met with the eligible
3595		-	14 person of any additional programs and services which the
3596		-	15 eligible person believes should be made available to prepare
3597		-	16 the eligible person for return to the community.
3598		-	17 (e) One year prior to the person being eligible for
3599		-	18 parole, counsel shall be appointed by the Prisoner Review
3600		-	19 Board upon a finding of indigency. The eligible person may
3601		-	20 waive appointed counsel or retain his or her own counsel at his
3602		-	21 or her own expense.
3603		-	22 (f) Nine months prior to the hearing, the Prisoner Review
3604		-	23 Board shall provide the eligible person, and his or her
3605		-	24 counsel, any written documents or materials it will be
3606		-	25 considering in making its decision unless the written
3607		-	26 documents or materials are specifically found to: (1) include
3608		-
3609		-
3610		-
3611		-
3612		-
3613		-	SB0019 Engrossed - 101 - LRB104 08032 JDS 18078 b
3614		-
3615		-
3616		-	SB0019 Engrossed- 102 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 102 - LRB104 08032 JDS 18078 b
3617		-	SB0019 Engrossed - 102 - LRB104 08032 JDS 18078 b
3618		-	1 information which, if disclosed, would damage the therapeutic
3619		-	2 relationship between the inmate and a mental health
3620		-	3 professional; (2) subject any person to the actual risk of
3621		-	4 physical harm; (3) threaten the safety or security of the
3622		-	5 Department or an institution. In accordance with Section
3623		-	6 4.5(d)(4) of the Rights of Crime Victims and Witnesses Act and
3624		-	7 Section 10 of the Open Parole Hearings Act, victim statements
3625		-	8 provided to the Board shall be confidential and privileged,
3626		-	9 including any statements received prior to the effective date
3627		-	10 of this amendatory Act of the 101st General Assembly, except
3628		-	11 if the statement was an oral statement made by the victim at a
3629		-	12 hearing open to the public. Victim statements shall not be
3630		-	13 considered public documents under the provisions of the
3631		-	14 Freedom of Information Act. The inmate or his or her attorney
3632		-	15 shall not be given a copy of the statement, but shall be
3633		-	16 informed of the existence of a victim statement and the
3634		-	17 position taken by the victim on the inmate's request for
3635		-	18 parole. This shall not be construed to permit disclosure to an
3636		-	19 inmate of any information which might result in the risk of
3637		-	20 threats or physical harm to a victim. The Prisoner Review
3638		-	21 Board shall have an ongoing duty to provide the eligible
3639		-	22 person, and his or her counsel, with any further documents or
3640		-	23 materials that come into its possession prior to the hearing
3641		-	24 subject to the limitations contained in this subsection.
3642		-	25 (g) Not less than 12 months prior to the hearing, the
3643		-	26 Prisoner Review Board shall provide notification to the
3644		-
3645		-
3646		-
3647		-
3648		-
3649		-	SB0019 Engrossed - 102 - LRB104 08032 JDS 18078 b
3650		-
3651		-
3652		-	SB0019 Engrossed- 103 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 103 - LRB104 08032 JDS 18078 b
3653		-	SB0019 Engrossed - 103 - LRB104 08032 JDS 18078 b
3654		-	1 State's Attorney of the county from which the person was
3655		-	2 committed and written notification to the victim or family of
3656		-	3 the victim of the scheduled hearing place, date, and
3657		-	4 approximate time. The written notification shall contain: (1)
3658		-	5 information about their right to be present, appear in person
3659		-	6 at the parole hearing, and their right to make an oral
3660		-	7 statement and submit information in writing, by videotape,
3661		-	8 tape recording, or other electronic means; (2) a toll-free
3662		-	9 number to call for further information about the parole review
3663		-	10 process; and (3) information regarding available resources,
3664		-	11 including trauma-informed therapy, they may access. If the
3665		-	12 Board does not have knowledge of the current address of the
3666		-	13 victim or family of the victim, it shall notify the State's
3667		-	14 Attorney of the county of commitment and request assistance in
3668		-	15 locating the victim or family of the victim. Those victims or
3669		-	16 family of the victims who advise the Board in writing that they
3670		-	17 no longer wish to be notified shall not receive future
3671		-	18 notices. A victim shall have the right to submit information
3672		-	19 by videotape, tape recording, or other electronic means. The
3673		-	20 victim may submit this material prior to or at the parole
3674		-	21 hearing. The victim also has the right to be heard at the
3675		-	22 parole hearing.
3676		-	23 (h) The hearing conducted by the Prisoner Review Board
3677		-	24 shall be governed by Sections 15 and 20, subsection (f) of
3678		-	25 Section 5, subsections (a), (a-5), (b), (b-5), and (c) of
3679		-	26 Section 10, and subsection (d) of Section 25 of the Open Parole
3680		-
3681		-
3682		-
3683		-
3684		-
3685		-	SB0019 Engrossed - 103 - LRB104 08032 JDS 18078 b
3686		-
3687		-
3688		-	SB0019 Engrossed- 104 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 104 - LRB104 08032 JDS 18078 b
3689		-	SB0019 Engrossed - 104 - LRB104 08032 JDS 18078 b
3690		-	1 Hearings Act and Part 1610 of Title 20 of the Illinois
3691		-	2 Administrative Code. The eligible person has a right to be
3692		-	3 present at the Prisoner Review Board hearing, unless the
3693		-	4 Prisoner Review Board determines the eligible person's
3694		-	5 presence is unduly burdensome when conducting a hearing under
3695		-	6 paragraph (6.6) of subsection (a) of Section 3-3-2 of this
3696		-	7 Code. If a psychological evaluation is submitted for the
3697		-	8 Prisoner Review Board's consideration, it shall be prepared by
3698		-	9 a person who has expertise in adolescent brain development and
3699		-	10 behavior, and shall take into consideration the diminished
3700		-	11 culpability of youthful offenders, the hallmark features of
3701		-	12 youth, and any subsequent growth and increased maturity of the
3702		-	13 person. At the hearing, the eligible person shall have the
3703		-	14 right to make a statement on his or her own behalf.
3704		-	15 (i) Only upon motion for good cause shall the date for the
3705		-	16 Prisoner Review Board hearing, as set by subsection (b) of
3706		-	17 this Section, be changed. No less than 15 days prior to the
3707		-	18 hearing, the Prisoner Review Board shall notify the victim or
3708		-	19 victim representative, the attorney, and the eligible person
3709		-	20 of the exact date and time of the hearing. All hearings shall
3710		-	21 be open to the public.
3711		-	22 (j) (Blank). The Prisoner Review Board shall not parole
3712		-	23 the eligible person if it determines that:
3713		-	24 (1) there is a substantial risk that the eligible
3714		-	25 person will not conform to reasonable conditions of parole
3715		-	26 or aftercare release; or
3716		-
3717		-
3718		-
3719		-
3720		-
3721		-	SB0019 Engrossed - 104 - LRB104 08032 JDS 18078 b
3722		-
3723		-
3724		-	SB0019 Engrossed- 105 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 105 - LRB104 08032 JDS 18078 b
3725		-	SB0019 Engrossed - 105 - LRB104 08032 JDS 18078 b
3726		-	1 (2) the eligible person's release at that time would
3727		-	2 deprecate the seriousness of his or her offense or promote
3728		-	3 disrespect for the law; or
3729		-	4 (3) the eligible person's release would have a
3730		-	5 substantially adverse effect on institutional discipline.
3731		-	6 In considering the factors affecting the release
3732		-	7 determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
3733		-	8 Review Board panel shall consider the diminished culpability
3734		-	9 of youthful offenders, the hallmark features of youth, and any
3735		-	10 subsequent growth and maturity of the youthful offender during
3736		-	11 incarceration.
3737		-	12 (j-5) In deciding whether to grant or deny parole, the
3738		-	13 Board shall consider the following factors:
3739		-	14 (1) participation in rehabilitative programming
3740		-	15 available to the petitioner, including, but not limited
3741		-	16 to, educational courses, vocational courses, life skills
3742		-	17 courses, individual or group counseling courses, civics
3743		-	18 education courses, peer education courses, independent
3744		-	19 studies courses, substance abuse counseling courses, and
3745		-	20 behavior modification courses;
3746		-	21 (2) participation in professional licensing courses or
3747		-	22 on-the-job training courses;
3748		-	23 (3) letters from correctional staff, educational
3749		-	24 faculty, community members, friends, and other
3750		-	25 incarcerated persons;
3751		-	26 (4) the petitioner's potential for rehabilitation or
3752		-
3753		-
3754		-
3755		-
3756		-
3757		-	SB0019 Engrossed - 105 - LRB104 08032 JDS 18078 b
3758		-
3759		-
3760		-	SB0019 Engrossed- 106 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 106 - LRB104 08032 JDS 18078 b
3761		-	SB0019 Engrossed - 106 - LRB104 08032 JDS 18078 b
3762		-	1 the evidence of rehabilitation in the petitioner;
3763		-	2 (5) the applicant's age at the time of the offense;
3764		-	3 (6) the circumstances of the offense and the
3765		-	4 petitioner's role and degree of participation in the
3766		-	5 offense;
3767		-	6 (7) the presence of a cognitive or developmental
3768		-	7 disability in the petitioner at the time of the offense;
3769		-	8 (8) the petitioner's family, home environment,
3770		-	9 educational and social background at the time of the
3771		-	10 offense;
3772		-	11 (9) evidence that the petitioner has suffered from
3773		-	12 post-traumatic stress disorder, adverse childhood
3774		-	13 experiences, or other traumas that could have been a
3775		-	14 contributing factor to a person's criminal behavior and
3776		-	15 participation in the offense;
3777		-	16 (10) the presence or expression by the petitioner of
3778		-	17 remorse, compassion, or insight of harm and collateral
3779		-	18 effects experienced by the victims;
3780		-	19 (11) the commission of a serious disciplinary
3781		-	20 infraction within the previous 5 years;
3782		-	21 (12) a pattern of fewer serious institutional
3783		-	22 disciplinary infractions within the previous 2 years;
3784		-	23 (13) evidence that the petitioner has any serious
3785		-	24 medical conditions;
3786		-	25 (14) evidence that the Department is unable to meet
3787		-	26 the petitioner's medical needs; and
3788		-
3789		-
3790		-
3791		-
3792		-
3793		-	SB0019 Engrossed - 106 - LRB104 08032 JDS 18078 b
3794		-
3795		-
3796		-	SB0019 Engrossed- 107 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 107 - LRB104 08032 JDS 18078 b
3797		-	SB0019 Engrossed - 107 - LRB104 08032 JDS 18078 b
3798		-	1 (15) the petitioner's reentry plan, including, but not
3799		-	2 limited to, residence plans, employment plans, continued
3800		-	3 education plans, rehabilitation plans, and counseling
3801		-	4 plans.
3802		-	5 No one factor in this subsection (j-5) shall be
3803		-	6 dispositive. In considering the factors affecting the release
3804		-	7 determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
3805		-	8 Review Board panel shall consider the diminished culpability
3806		-	9 of youthful offenders, the hallmark features of youth, and any
3807		-	10 subsequent growth and maturity of the youthful offender during
3808		-	11 incarceration.
3809		-	12 (k) Unless denied parole under subsection (j) of this
3810		-	13 Section and subject to the provisions of Section 3-3-9 of this
3811		-	14 Code: (1) the eligible person serving a sentence for any
3812		-	15 non-first degree murder offense or offenses, shall be released
3813		-	16 on parole which shall operate to discharge any remaining term
3814		-	17 of years sentence imposed upon him or her, notwithstanding any
3815		-	18 required mandatory supervised release period the eligible
3816		-	19 person is required to serve; and (2) the eligible person
3817		-	20 serving a sentence for any first degree murder offense, shall
3818		-	21 be released on mandatory supervised release for a period of 10
3819		-	22 years subject to Section 3-3-8, which shall operate to
3820		-	23 discharge any remaining term of years sentence imposed upon
3821		-	24 him or her, however in no event shall the eligible person serve
3822		-	25 a period of mandatory supervised release greater than the
3823		-	26 aggregate of the discharged underlying sentence and the
3824		-
3825		-
3826		-
3827		-
3828		-
3829		-	SB0019 Engrossed - 107 - LRB104 08032 JDS 18078 b
3830		-
3831		-
3832		-	SB0019 Engrossed- 108 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 108 - LRB104 08032 JDS 18078 b
3833		-	SB0019 Engrossed - 108 - LRB104 08032 JDS 18078 b
3834		-	1 mandatory supervised release period as sent forth in Section
3835		-	2 5-4.5-20.
3836		-	3 (l) If the Prisoner Review Board denies parole after
3837		-	4 conducting the hearing under subsection (j) of this Section,
3838		-	5 it shall issue a written decision which states the rationale
3839		-	6 for denial, including the primary factors considered. This
3840		-	7 decision shall be provided to the eligible person and his or
3841		-	8 her counsel within 30 days.
3842		-	9 (m) A person denied parole under subsection (j) of this
3843		-	10 Section, who is not serving a sentence for either first degree
3844		-	11 murder or aggravated criminal sexual assault, shall be
3845		-	12 eligible for a second parole review by the Prisoner Review
3846		-	13 Board 5 years after the written decision under subsection (l)
3847		-	14 of this Section; a person denied parole under subsection (j)
3848		-	15 of this Section, who is serving a sentence or sentences for
3849		-	16 first degree murder or aggravated criminal sexual assault
3850		-	17 shall be eligible for a second and final parole review by the
3851		-	18 Prisoner Review Board 10 years after the written decision
3852		-	19 under subsection (k) of this Section. The procedures for a
3853		-	20 second parole review shall be governed by subsections (c)
3854		-	21 through (k) of this Section.
3855		-	22 (n) A person denied parole under subsection (m) of this
3856		-	23 Section, who is not serving a sentence for either first degree
3857		-	24 murder or aggravated criminal sexual assault, shall be
3858		-	25 eligible for a third and final parole review by the Prisoner
3859		-	26 Review Board 5 years after the written decision under
3860		-
3861		-
3862		-
3863		-
3864		-
3865		-	SB0019 Engrossed - 108 - LRB104 08032 JDS 18078 b
3866		-
3867		-
3868		-	SB0019 Engrossed- 109 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 109 - LRB104 08032 JDS 18078 b
3869		-	SB0019 Engrossed - 109 - LRB104 08032 JDS 18078 b
3870		-	1 subsection (l) of this Section. The procedures for the third
3871		-	2 and final parole review shall be governed by subsections (c)
3872		-	3 through (k) of this Section.
3873		-	4 (o) Notwithstanding anything else to the contrary in this
3874		-	5 Section, nothing in this Section shall be construed to delay
3875		-	6 parole or mandatory supervised release consideration for
3876		-	7 petitioners who are or will be eligible for release earlier
3877		-	8 than this Section provides. Nothing in this Section shall be
3878		-	9 construed as a limit, substitution, or bar on a person's right
3879		-	10 to sentencing relief, or any other manner of relief, obtained
3880		-	11 by order of a court in proceedings other than as provided in
3881		-	12 this Section.
3882		-	13 (Source: P.A. 101-288, eff. 1-1-20; 102-1128, eff. 1-1-24.)
3883		-	14 Section 25. The Illinois Domestic Violence Act of 1986 is
3884		-	15 amended by changing Section 201 as follows:
3885		-	16 (750 ILCS 60/201) (from Ch. 40, par. 2312-1)
3886		-	17 Sec. 201. Persons protected by this Act.
3887		-	18 (a) The following persons are protected by this Act:
3888		-	19 (i) any person abused by a family or household member;
3889		-	20 (ii) any high-risk adult with disabilities who is
3890		-	21 abused, neglected, or exploited by a family or household
3891		-	22 member;
3892		-	23 (iii) any minor child or dependent adult in the care
3893		-	24 of such person;
3894		-
3895		-
3896		-
3897		-
3898		-
3899		-	SB0019 Engrossed - 109 - LRB104 08032 JDS 18078 b
3900		-
3901		-
3902		-	SB0019 Engrossed- 110 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 110 - LRB104 08032 JDS 18078 b
3903		-	SB0019 Engrossed - 110 - LRB104 08032 JDS 18078 b
3904		-	1 (iv) any person residing or employed at a private home
3905		-	2 or public shelter which is housing an abused family or
3906		-	3 household member; and
3907		-	4 (v) any of the following persons if the person is
3908		-	5 abused by a family or household member of a child:
3909		-	6 (A) a foster parent of that child if the child has
3910		-	7 been placed in the foster parent's home by the
3911		-	8 Department of Children and Family Services or by
3912		-	9 another state's public child welfare agency;
3913		-	10 (B) a legally appointed guardian or legally
3914		-	11 appointed custodian of that child;
3915		-	12 (C) an adoptive parent of that child; or
3916		-	13 (D) a prospective adoptive parent of that child if
3917		-	14 the child has been placed in the prospective adoptive
3918		-	15 parent's home pursuant to the Adoption Act or pursuant
3919		-	16 to another state's law.
3920		-	17 For purposes of this paragraph (a)(v), individuals who
3921		-	18 would have been considered "family or household members"
3922		-	19 of the child under subsection (6) of Section 103 of this
3923		-	20 Act before a termination of the parental rights with
3924		-	21 respect to the child continue to meet the definition of
3925		-	22 "family or household members" of the child.
3926		-	23 (b) A petition for an order of protection may be filed
3927		-	24 only:
3928		-	25 (i) by a person who has been abused by a family or
3929		-	26 household member or by any person on behalf of a minor
3930		-
3931		-
3932		-
3933		-
3934		-
3935		-	SB0019 Engrossed - 110 - LRB104 08032 JDS 18078 b
3936		-
3937		-
3938		-	SB0019 Engrossed- 111 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 111 - LRB104 08032 JDS 18078 b
3939		-	SB0019 Engrossed - 111 - LRB104 08032 JDS 18078 b
3940		-	1 child or an adult who has been abused by a family or
3941		-	2 household member and who, because of age, health,
3942		-	3 disability, or inaccessibility, cannot file the petition;
3943		-	4 (ii) by any person on behalf of a high-risk adult with
3944		-	5 disabilities who has been abused, neglected, or exploited
3945		-	6 by a family or household member; or
3946		-	7 (iii) by any of the following persons if the person is
3947		-	8 abused by a family or household member of a child:
3948		-	9 (A) a foster parent of that child if the child has
3949		-	10 been placed in the foster parent's home by the
3950		-	11 Department of Children and Family Services or by
3951		-	12 another state's public child welfare agency;
3952		-	13 (B) a legally appointed guardian or legally
3953		-	14 appointed custodian of that child;
3954		-	15 (C) an adoptive parent of that child;
3955		-	16 (D) a prospective adoptive parent of that child if
3956		-	17 the child has been placed in the prospective adoptive
3957		-	18 parent's home pursuant to the Adoption Act or pursuant
3958		-	19 to another state's law.
3959		-	20 For purposes of this paragraph (b)(iii), individuals
3960		-	21 who would have been considered "family or household
3961		-	22 members" of the child under subsection (6) of Section 103
3962		-	23 of this Act before a termination of the parental rights
3963		-	24 with respect to the child continue to meet the definition
3964		-	25 of "family or household members" of the child; .
3965		-	26 (iv) by a crime victim who was abused by an offender
3966		-
3967		-
3968		-
3969		-
3970		-
3971		-	SB0019 Engrossed - 111 - LRB104 08032 JDS 18078 b
3972		-
3973		-
3974		-	SB0019 Engrossed- 112 -LRB104 08032 JDS 18078 b SB0019 Engrossed - 112 - LRB104 08032 JDS 18078 b
3975		-	SB0019 Engrossed - 112 - LRB104 08032 JDS 18078 b
3976		-	1 prior to the incarceration of the offender in a penal
3977		-	2 institution and such offender is incarcerated in a penal
3978		-	3 institution at the time of the filing of the petition; or
3979		-	4 (v) by any person who has previously suffered abuse by
3980		-	5 a person convicted of (1) domestic battery, aggravated
3981		-	6 domestic battery, aggravated battery, or any other offense
3982		-	7 that would constitute domestic violence or (2) a violent
3983		-	8 crime, as defined in Section 3 of the Rights of Crime
3984		-	9 Victims and Witnesses Act, committed against another
3985		-	10 person.
3986		-	11 A petition for an order of protection may not be denied
3987		-	12 solely upon the basis that the respondent or petitioner is
3988		-	13 incarcerated in a penal institution at the time of the filing
3989		-	14 of the petition.
3990		-	15 (c) Any petition properly filed under this Act may seek
3991		-	16 protection for any additional persons protected by this Act.
3992		-	17 (Source: P.A. 100-639, eff. 1-1-19.)
	2596	+	19 (ii) in accordance with medical standards and a
	2597	+	20 reasonable degree of medical certainty, based on an
	2598	+	21 individual assessment of the petitioner inmate, the
	2599	+	22 condition is likely to cause death to the petitioner
	2600	+	23 inmate within 18 months.
	2601	+	24 (b) The Prisoner Review Board shall consider an
	2602	+	25 application for compassionate release on behalf of any
	2603	+
	2604	+
	2605	+
	2606	+
	2607	+
	2608	+	SB0019 - 72 - LRB104 08032 JDS 18078 b
	2609	+
	2610	+
	2611	+	SB0019- 73 -LRB104 08032 JDS 18078 b SB0019 - 73 - LRB104 08032 JDS 18078 b
	2612	+	SB0019 - 73 - LRB104 08032 JDS 18078 b
	2613	+	1 petitioner inmate who meets any of the following:
	2614	+	2 (1) is suffering from a terminal illness; or
	2615	+	3 (2) has been diagnosed with a condition that will
	2616	+	4 result in medical incapacity within the next 6 months; or
	2617	+	5 (3) has become medically incapacitated subsequent to
	2618	+	6 sentencing due to illness or injury.
	2619	+	7 (c) Initial application.
	2620	+	8 (1) An initial application for medical release may be
	2621	+	9 filed with the Prisoner Review Board by the petitioner an
	2622	+	10 inmate, a prison official, a medical professional who has
	2623	+	11 treated or diagnosed the petitioner inmate, or the
	2624	+	12 petitioner's an inmate's spouse, parent, guardian,
	2625	+	13 grandparent, aunt or uncle, sibling, child over the age of
	2626	+	14 eighteen years, or attorney. If the initial application is
	2627	+	15 made by someone other than the petitioner inmate, the
	2628	+	16 petitioner inmate, or if the petitioner inmate is
	2629	+	17 medically unable to consent, the guardian or family member
	2630	+	18 designated to represent the petitioner's inmate's
	2631	+	19 interests must consent to the application at the time of
	2632	+	20 the institutional hearing.
	2633	+	21 (2) Application materials shall be maintained on the
	2634	+	22 Prisoner Review Board's website and the Department of
	2635	+	23 Corrections' website and maintained in a clearly visible
	2636	+	24 place within the law library and the infirmary of every
	2637	+	25 penal institution and facility operated by the Department
	2638	+	26 of Corrections.
	2639	+
	2640	+
	2641	+
	2642	+
	2643	+
	2644	+	SB0019 - 73 - LRB104 08032 JDS 18078 b
	2645	+
	2646	+
	2647	+	SB0019- 74 -LRB104 08032 JDS 18078 b SB0019 - 74 - LRB104 08032 JDS 18078 b
	2648	+	SB0019 - 74 - LRB104 08032 JDS 18078 b
	2649	+	1 (3) The initial application need not be notarized, can
	2650	+	2 be sent via email or facsimile, and must contain the
	2651	+	3 following information:
	2652	+	4 (i) the petitioner's inmate's name and Illinois
	2653	+	5 Department of Corrections number;
	2654	+	6 (ii) the petitioner's inmate's diagnosis;
	2655	+	7 (iii) a statement that the petitioner inmate meets
	2656	+	8 one of the following diagnostic criteria:
	2657	+	9 (A) the petitioner inmate is suffering from a
	2658	+	10 terminal illness;
	2659	+	11 (B) the petitioner inmate has been diagnosed
	2660	+	12 with a condition that will result in medical
	2661	+	13 incapacity within the next 6 months; or
	2662	+	14 (C) the petitioner inmate has become medically
	2663	+	15 incapacitated subsequent to sentencing due to
	2664	+	16 illness or injury.
	2665	+	17 (3.5) The Prisoner Review Board shall place no
	2666	+	18 additional restrictions, limitations, or requirements on
	2667	+	19 applications from petitioners.
	2668	+	20 (4) Upon receiving the petitioner's inmate's initial
	2669	+	21 application, the Board shall order the Department of
	2670	+	22 Corrections to have a physician or nurse practitioner
	2671	+	23 evaluate the petitioner inmate and create a written
	2672	+	24 evaluation within ten days of the Board's order. The
	2673	+	25 evaluation shall include but need not be limited to:
	2674	+	26 (i) a concise statement of the petitioner inmate's
	2675	+
	2676	+
	2677	+
	2678	+
	2679	+
	2680	+	SB0019 - 74 - LRB104 08032 JDS 18078 b
	2681	+
	2682	+
	2683	+	SB0019- 75 -LRB104 08032 JDS 18078 b SB0019 - 75 - LRB104 08032 JDS 18078 b
	2684	+	SB0019 - 75 - LRB104 08032 JDS 18078 b
	2685	+	1 medical diagnosis, including prognosis, likelihood of
	2686	+	2 recovery, and primary symptoms, to include
	2687	+	3 incapacitation; and
	2688	+	4 (ii) a statement confirming or denying that the
	2689	+	5 petitioner inmate meets one of the criteria stated in
	2690	+	6 subsection (b) of this Section.
	2691	+	7 (5) Upon a determination that the petitioner is
	2692	+	8 eligible for a hearing, the Prisoner Review Board shall:
	2693	+	9 (i) provide public notice of the petitioner's
	2694	+	10 name, docket number, counsel, and hearing date; and
	2695	+	11 (ii) provide a copy of the evaluation and any
	2696	+	12 medical records provided by the Department of
	2697	+	13 Corrections to the petitioner or the petitioner's
	2698	+	14 attorney upon scheduling the institutional hearing.
	2699	+	15 (d) Institutional hearing. No public institutional hearing
	2700	+	16 is required for consideration of a petition, but shall be
	2701	+	17 granted at the request of the petitioner. Hearings are public
	2702	+	18 unless the petitioner requests a non-public hearing. The
	2703	+	19 petitioner has a right to attend the hearing and to speak on
	2704	+	20 the petitioner's own behalf. The petitioner inmate may be
	2705	+	21 represented by counsel and may present witnesses to the Board
	2706	+	22 members. Hearings shall be governed by the Open Parole
	2707	+	23 Hearings Act. Members of the public shall be permitted to
	2708	+	24 freely attend public hearings without restriction.
	2709	+	25 (e) Voting procedure. Petitions shall be considered by
	2710	+	26 three-member panels, and decisions shall be made by simple
	2711	+
	2712	+
	2713	+
	2714	+
	2715	+
	2716	+	SB0019 - 75 - LRB104 08032 JDS 18078 b
	2717	+
	2718	+
	2719	+	SB0019- 76 -LRB104 08032 JDS 18078 b SB0019 - 76 - LRB104 08032 JDS 18078 b
	2720	+	SB0019 - 76 - LRB104 08032 JDS 18078 b
	2721	+	1 majority. Voting shall take place during the public hearing.
	2722	+	2 (f) Consideration. In considering a petition for release
	2723	+	3 under the statute, the Prisoner Review Board may consider the
	2724	+	4 following factors:
	2725	+	5 (i) the petitioner's inmate's diagnosis and
	2726	+	6 likelihood of recovery;
	2727	+	7 (ii) the approximate cost of health care to the
	2728	+	8 State should the petitioner inmate remain in custody;
	2729	+	9 (iii) the impact that the petitioner's inmate's
	2730	+	10 continued incarceration may have on the provision of
	2731	+	11 medical care within the Department;
	2732	+	12 (iv) the present likelihood of and ability to pose
	2733	+	13 a substantial danger to the physical safety of a
	2734	+	14 specifically identifiable person or persons;
	2735	+	15 (v) any statements by the victim regarding
	2736	+	16 release; and
	2737	+	17 (vi) whether the petitioner's inmate's condition
	2738	+	18 was explicitly disclosed to the original sentencing
	2739	+	19 judge and taken into account at the time of
	2740	+	20 sentencing.
	2741	+	21 (f-1) Upon denying an eligible petitioner's application
	2742	+	22 for medical release, the Prisoner Review Board shall publish a
	2743	+	23 decision letter outlining the reason for denial. The decision
	2744	+	24 letter must include an explanation of each statutory factor
	2745	+	25 and the estimated annual cost of the petitioner's continued
	2746	+	26 incarceration, including the petitioner's medical care.
	2747	+
	2748	+
	2749	+
	2750	+
	2751	+
	2752	+	SB0019 - 76 - LRB104 08032 JDS 18078 b
	2753	+
	2754	+
	2755	+	SB0019- 77 -LRB104 08032 JDS 18078 b SB0019 - 77 - LRB104 08032 JDS 18078 b
	2756	+	SB0019 - 77 - LRB104 08032 JDS 18078 b
	2757	+	1 (g) Petitioners Inmates granted medical release shall be
	2758	+	2 released on mandatory supervised release for a period of 5
	2759	+	3 years subject to Section 3-3-8, which shall operate to
	2760	+	4 discharge any remaining term of years imposed upon him or her.
	2761	+	5 However, in no event shall the eligible person serve a period
	2762	+	6 of mandatory supervised release greater than the aggregate of
	2763	+	7 the discharged underlying sentence and the mandatory
	2764	+	8 supervised release period as set forth in Section 5-4.5-20.
	2765	+	9 (h) Within 90 days of the receipt of the initial
	2766	+	10 application, the Prisoner Review Board shall conduct a hearing
	2767	+	11 if a hearing is requested and render a decision granting or
	2768	+	12 denying the petitioner's request for release.
	2769	+	13 (i) Nothing in this statute shall preclude a petitioner
	2770	+	14 from seeking alternative forms of release, including clemency,
	2771	+	15 relief from the sentencing court, post-conviction relief, or
	2772	+	16 any other legal remedy.
	2773	+	17 (j) This act applies retroactively, and shall be
	2774	+	18 applicable to all currently incarcerated people in Illinois.
	2775	+	19 (k) Data report. The Department of Corrections and the
	2776	+	20 Prisoner Review Board shall release a report annually
	2777	+	21 published on their websites that reports the following
	2778	+	22 information about the Medical Release Program:
	2779	+	23 (1) The number of applications for medical release
	2780	+	24 received by the Board in the preceding year, and
	2781	+	25 information about those applications, including:
	2782	+	26 (i) demographic data about the petitioner
	2783	+
	2784	+
	2785	+
	2786	+
	2787	+
	2788	+	SB0019 - 77 - LRB104 08032 JDS 18078 b
	2789	+
	2790	+
	2791	+	SB0019- 78 -LRB104 08032 JDS 18078 b SB0019 - 78 - LRB104 08032 JDS 18078 b
	2792	+	SB0019 - 78 - LRB104 08032 JDS 18078 b
	2793	+	1 individual, including race or ethnicity, gender, age,
	2794	+	2 and institution;
	2795	+	3 (ii) the highest class of offense for which the
	2796	+	4 petitioner individual is incarcerated;
	2797	+	5 (iii) the relationship of the petitioner applicant
	2798	+	6 to the person completing the application;
	2799	+	7 (iv) whether the petitioner applicant had applied
	2800	+	8 for medical release before and been denied, and, if
	2801	+	9 so, when;
	2802	+	10 (v) whether the petitioner person applied as a
	2803	+	11 person who is medically incapacitated or a person who
	2804	+	12 is terminally ill; and
	2805	+	13 (vi) a basic description of the underlying medical
	2806	+	14 condition that led to the application ; and .
	2807	+	15 (vii) the institution in which the petitioner was
	2808	+	16 confined at the time of the application.
	2809	+	17 (2) The number of medical statements from the
	2810	+	18 Department of Corrections received by the Board.
	2811	+	19 (3) The number of institutional hearings on medical
	2812	+	20 release applications conducted by the Board including: .
	2813	+	21 (i) whether the petitioner was represented by an
	2814	+	22 attorney; and
	2815	+	23 (ii) whether the application was considered in a
	2816	+	24 public or non-public hearing.
	2817	+	25 (4) The number of people approved for medical release,
	2818	+	26 and information about them, including:
	2819	+
	2820	+
	2821	+
	2822	+
	2823	+
	2824	+	SB0019 - 78 - LRB104 08032 JDS 18078 b
	2825	+
	2826	+
	2827	+	SB0019- 79 -LRB104 08032 JDS 18078 b SB0019 - 79 - LRB104 08032 JDS 18078 b
	2828	+	SB0019 - 79 - LRB104 08032 JDS 18078 b
	2829	+	1 (i) demographic data about the individual
	2830	+	2 including race or ethnicity, gender, age, and zip code
	2831	+	3 to which they were released;
	2832	+	4 (ii) whether the person applied as a person who is
	2833	+	5 medically incapacitated or a person who is terminally
	2834	+	6 ill;
	2835	+	7 (iii) a basic description of the underlying
	2836	+	8 medical condition that led to the application; and
	2837	+	9 (iv) a basic description of the medical setting
	2838	+	10 the person was released to; .
	2839	+	11 (v) whether the petitioner was represented by an
	2840	+	12 attorney; and
	2841	+	13 (vi) whether the application was considered in a
	2842	+	14 public or non-public hearing.
	2843	+	15 (5) The number of people released on the medical
	2844	+	16 release program.
	2845	+	17 (6) The number of people approved for medical release
	2846	+	18 who experienced more than a one-month delay between
	2847	+	19 release decision and ultimate release, including:
	2848	+	20 (i) demographic data about the individuals
	2849	+	21 including race or ethnicity, gender and age;
	2850	+	22 (ii) the reason for the delay;
	2851	+	23 (iii) whether the person remains incarcerated; and
	2852	+	24 (iv) a basic description of the underlying medical
	2853	+	25 condition of the applying person.
	2854	+	26 (7) For those individuals released on mandatory
	2855	+
	2856	+
	2857	+
	2858	+
	2859	+
	2860	+	SB0019 - 79 - LRB104 08032 JDS 18078 b
	2861	+
	2862	+
	2863	+	SB0019- 80 -LRB104 08032 JDS 18078 b SB0019 - 80 - LRB104 08032 JDS 18078 b
	2864	+	SB0019 - 80 - LRB104 08032 JDS 18078 b
	2865	+	1 supervised release due to a granted application for
	2866	+	2 medical release:
	2867	+	3 (i) the number of individuals who were serving
	2868	+	4 terms of mandatory supervised release because of
	2869	+	5 medical release applications during the previous year;
	2870	+	6 (ii) the number of individuals who had their
	2871	+	7 mandatory supervised release revoked; and
	2872	+	8 (iii) the number of individuals who died during
	2873	+	9 the previous year.
	2874	+	10 (8) Information on seriously ill individuals
	2875	+	11 incarcerated at the Department of Corrections, including:
	2876	+	12 (i) the number of people currently receiving
	2877	+	13 full-time one-on-one medical care or assistance with
	2878	+	14 activities of daily living within Department of
	2879	+	15 Corrections facilities and whether that care is
	2880	+	16 provided by a medical practitioner or an incarcerated
	2881	+	17 person inmate, along with the institutions at which
	2882	+	18 they are incarcerated; and
	2883	+	19 (ii) the number of people who spent more than one
	2884	+	20 month in outside hospital care during the previous
	2885	+	21 year and their home institutions.
	2886	+	22 All the information provided in this report shall be
	2887	+	23 provided in aggregate, and nothing shall be construed to
	2888	+	24 require the public dissemination of any personal medical
	2889	+	25 information.
	2890	+	26 (Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.)
	2891	+
	2892	+
	2893	+
	2894	+
	2895	+
	2896	+	SB0019 - 80 - LRB104 08032 JDS 18078 b
	2897	+
	2898	+
	2899	+	SB0019- 81 -LRB104 08032 JDS 18078 b SB0019 - 81 - LRB104 08032 JDS 18078 b
	2900	+	SB0019 - 81 - LRB104 08032 JDS 18078 b
	2901	+	1 (730 ILCS 5/3-5-1)
	2902	+	2 Sec. 3-5-1. Master record file.
	2903	+	3 (a) The Department of Corrections and the Department of
	2904	+	4 Juvenile Justice shall maintain a master record file on each
	2905	+	5 person committed to it, which shall contain the following
	2906	+	6 information:
	2907	+	7 (1) all information from the committing court;
	2908	+	8 (1.5) ethnic and racial background data collected in
	2909	+	9 accordance with Section 4.5 of the Criminal Identification
	2910	+	10 Act and Section 2-5 of the No Representation Without
	2911	+	11 Population Act;
	2912	+	12 (1.6) the committed person's last known complete
	2913	+	13 street address prior to incarceration or legal residence
	2914	+	14 collected in accordance with Section 2-5 of the No
	2915	+	15 Representation Without Population Act;
	2916	+	16 (2) reception summary;
	2917	+	17 (3) evaluation and assignment reports and
	2918	+	18 recommendations;
	2919	+	19 (4) reports as to program assignment and progress;
	2920	+	20 (5) reports of disciplinary infractions and
	2921	+	21 disposition, including tickets and Administrative Review
	2922	+	22 Board action;
	2923	+	23 (6) any parole or aftercare release plan;
	2924	+	24 (7) any parole or aftercare release reports;
	2925	+	25 (8) the date and circumstances of final discharge;
	2926	+
	2927	+
	2928	+
	2929	+
	2930	+
	2931	+	SB0019 - 81 - LRB104 08032 JDS 18078 b
	2932	+
	2933	+
	2934	+	SB0019- 82 -LRB104 08032 JDS 18078 b SB0019 - 82 - LRB104 08032 JDS 18078 b
	2935	+	SB0019 - 82 - LRB104 08032 JDS 18078 b
	2936	+	1 (9) criminal history;
	2937	+	2 (10) current and past gang affiliations and ranks;
	2938	+	3 (11) information regarding associations and family
	2939	+	4 relationships;
	2940	+	5 (12) any grievances filed and responses to those
	2941	+	6 grievances;
	2942	+	7 (13) other information that the respective Department
	2943	+	8 determines is relevant to the secure confinement and
	2944	+	9 rehabilitation of the committed person;
	2945	+	10 (14) the last known address provided by the person
	2946	+	11 committed; and
	2947	+	12 (15) all medical and dental records.
	2948	+	13 (b) Except as provided in subsections (f) and (f-5), all
	2949	+	14 All files shall be confidential and access shall be limited to
	2950	+	15 authorized personnel of the respective Department or by
	2951	+	16 disclosure in accordance with a court order or subpoena.
	2952	+	17 Personnel of other correctional, welfare or law enforcement
	2953	+	18 agencies may have access to files under rules and regulations
	2954	+	19 of the respective Department. The respective Department shall
	2955	+	20 keep a record of all outside personnel who have access to
	2956	+	21 files, the files reviewed, any file material copied, and the
	2957	+	22 purpose of access. If the respective Department or the
	2958	+	23 Prisoner Review Board makes a determination under this Code
	2959	+	24 which affects the length of the period of confinement or
	2960	+	25 commitment, the committed person and his counsel shall be
	2961	+	26 advised of factual information relied upon by the respective
	2962	+
	2963	+
	2964	+
	2965	+
	2966	+
	2967	+	SB0019 - 82 - LRB104 08032 JDS 18078 b
	2968	+
	2969	+
	2970	+	SB0019- 83 -LRB104 08032 JDS 18078 b SB0019 - 83 - LRB104 08032 JDS 18078 b
	2971	+	SB0019 - 83 - LRB104 08032 JDS 18078 b
	2972	+	1 Department or Board to make the determination, provided that
	2973	+	2 the Department or Board shall not be required to advise a
	2974	+	3 person committed to the Department of Juvenile Justice any
	2975	+	4 such information which in the opinion of the Department of
	2976	+	5 Juvenile Justice or Board would be detrimental to his
	2977	+	6 treatment or rehabilitation.
	2978	+	7 (c) The master file shall be maintained at a place
	2979	+	8 convenient to its use by personnel of the respective
	2980	+	9 Department in charge of the person. When custody of a person is
	2981	+	10 transferred from the Department to another department or
	2982	+	11 agency, a summary of the file shall be forwarded to the
	2983	+	12 receiving agency with such other information required by law
	2984	+	13 or requested by the agency under rules and regulations of the
	2985	+	14 respective Department.
	2986	+	15 (d) The master file of a person no longer in the custody of
	2987	+	16 the respective Department shall be placed on inactive status
	2988	+	17 and its use shall be restricted subject to rules and
	2989	+	18 regulations of the Department.
	2990	+	19 (e) All public agencies may make available to the
	2991	+	20 respective Department on request any factual data not
	2992	+	21 otherwise privileged as a matter of law in their possession in
	2993	+	22 respect to individuals committed to the respective Department.
	2994	+	23 (f) A committed person may request a summary of the
	2995	+	24 committed person's master record file once per year and the
	2996	+	25 committed person's attorney may request one summary of the
	2997	+	26 committed person's master record file once per year. The
	2998	+
	2999	+
	3000	+
	3001	+
	3002	+
	3003	+	SB0019 - 83 - LRB104 08032 JDS 18078 b
	3004	+
	3005	+
	3006	+	SB0019- 84 -LRB104 08032 JDS 18078 b SB0019 - 84 - LRB104 08032 JDS 18078 b
	3007	+	SB0019 - 84 - LRB104 08032 JDS 18078 b
	3008	+	1 Department shall create a form for requesting this summary,
	3009	+	2 and shall make that form available to committed persons and to
	3010	+	3 the public on its website. Upon receipt of the request form,
	3011	+	4 the Department shall provide the summary within 15 days. The
	3012	+	5 summary must contain, unless otherwise prohibited by law:
	3013	+	6 (1) the person's name, ethnic, racial, last known
	3014	+	7 street address prior to incarceration or legal residence,
	3015	+	8 and other identifying information;
	3016	+	9 (2) all digitally available information from the
	3017	+	10 committing court;
	3018	+	11 (3) all information in the Offender 360 system on the
	3019	+	12 person's criminal history;
	3020	+	13 (4) the person's complete assignment history in the
	3021	+	14 Department of Corrections;
	3022	+	15 (5) the person's disciplinary card;
	3023	+	16 (6) additional records about up to 3 specific
	3024	+	17 disciplinary incidents as identified by the requester;
	3025	+	18 (7) any available records about up to 5 specific
	3026	+	19 grievances filed by the person, as identified by the
	3027	+	20 requester; and
	3028	+	21 (8) the records of all grievances filed on or after
	3029	+	22 January 1, 2023.
	3030	+	23 Notwithstanding any provision of this subsection (f) to
	3031	+	24 the contrary, a committed person's master record file is not
	3032	+	25 subject to disclosure and copying under the Freedom of
	3033	+	26 Information Act.
	3034	+
	3035	+
	3036	+
	3037	+
	3038	+
	3039	+	SB0019 - 84 - LRB104 08032 JDS 18078 b
	3040	+
	3041	+
	3042	+	SB0019- 85 -LRB104 08032 JDS 18078 b SB0019 - 85 - LRB104 08032 JDS 18078 b
	3043	+	SB0019 - 85 - LRB104 08032 JDS 18078 b
	3044	+	1 (f-5) At least 60 days before a person's executive
	3045	+	2 clemency, medical release, or parole hearing, if requested,
	3046	+	3 the Department of Corrections shall provide the person and
	3047	+	4 their legal counsel, if retained, a copy of (i) the person's
	3048	+	5 disciplinary card and (ii) any available records of the
	3049	+	6 person's participation in programming and education.
	3050	+	7 (g) Subject to appropriation, on or before July 1, 2025,
	3051	+	8 the Department of Corrections shall digitalize all newly
	3052	+	9 committed persons' master record files who become incarcerated
	3053	+	10 and all other new information that the Department maintains
	3054	+	11 concerning its correctional institutions, facilities, and
	3055	+	12 individuals incarcerated.
	3056	+	13 (h) Subject to appropriation, on or before July 1, 2027,
	3057	+	14 the Department of Corrections shall digitalize all medical and
	3058	+	15 dental records in the master record files and all other
	3059	+	16 information that the Department maintains concerning its
	3060	+	17 correctional institutions and facilities in relation to
	3061	+	18 medical records, dental records, and medical and dental needs
	3062	+	19 of committed persons.
	3063	+	20 (i) Subject to appropriation, on or before July 1, 2029,
	3064	+	21 the Department of Corrections shall digitalize all information
	3065	+	22 in the master record files and all other information that the
	3066	+	23 Department maintains concerning its correctional institutions
	3067	+	24 and facilities.
	3068	+	25 (j) The Department of Corrections shall adopt rules to
	3069	+	26 implement subsections (g), (h), and (i) if appropriations are
	3070	+
	3071	+
	3072	+
	3073	+
	3074	+
	3075	+	SB0019 - 85 - LRB104 08032 JDS 18078 b
	3076	+
	3077	+
	3078	+	SB0019- 86 -LRB104 08032 JDS 18078 b SB0019 - 86 - LRB104 08032 JDS 18078 b
	3079	+	SB0019 - 86 - LRB104 08032 JDS 18078 b
	3080	+	1 available to implement these provisions.
	3081	+	2 (k) Subject to appropriation, the Department of
	3082	+	3 Corrections, in consultation with the Department of Innovation
	3083	+	4 and Technology, shall conduct a study on the best way to
	3084	+	5 digitize all Department of Corrections records and the impact
	3085	+	6 of that digitizing on State agencies, including the impact on
	3086	+	7 the Department of Innovation and Technology. The study shall
	3087	+	8 be completed on or before January 1, 2024.
	3088	+	9 (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
	3089	+	10 103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff.
	3090	+	11 6-30-23; 103-605, eff. 7-1-24.)
	3091	+	12 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
	3092	+	13 Sec. 3-14-1. Release from the institution.
	3093	+	14 (a) Upon release of a person on parole, mandatory release,
	3094	+	15 final discharge, or pardon, the Department shall return all
	3095	+	16 property held for him, provide him with suitable clothing and
	3096	+	17 procure necessary transportation for him to his designated
	3097	+	18 place of residence and employment. It may provide such person
	3098	+	19 with a grant of money for travel and expenses which may be paid
	3099	+	20 in installments. The amount of the money grant shall be
	3100	+	21 determined by the Department.
	3101	+	22 (a-1) The Department shall, before a wrongfully imprisoned
	3102	+	23 person, as defined in Section 3-1-2 of this Code, is
	3103	+	24 discharged from the Department, provide him or her with any
	3104	+	25 documents necessary after discharge.
	3105	+
	3106	+
	3107	+
	3108	+
	3109	+
	3110	+	SB0019 - 86 - LRB104 08032 JDS 18078 b
	3111	+
	3112	+
	3113	+	SB0019- 87 -LRB104 08032 JDS 18078 b SB0019 - 87 - LRB104 08032 JDS 18078 b
	3114	+	SB0019 - 87 - LRB104 08032 JDS 18078 b
	3115	+	1 (a-2) The Department of Corrections may establish and
	3116	+	2 maintain, in any institution it administers, revolving funds
	3117	+	3 to be known as "Travel and Allowances Revolving Funds". These
	3118	+	4 revolving funds shall be used for advancing travel and expense
	3119	+	5 allowances to committed, paroled, and discharged prisoners.
	3120	+	6 The moneys paid into such revolving funds shall be from
	3121	+	7 appropriations to the Department for Committed, Paroled, and
	3122	+	8 Discharged Prisoners.
	3123	+	9 (a-3) Upon release of a person who is eligible to vote on
	3124	+	10 parole, mandatory release, final discharge, or pardon, the
	3125	+	11 Department shall provide the person with a form that informs
	3126	+	12 him or her that his or her voting rights have been restored and
	3127	+	13 a voter registration application. The Department shall have
	3128	+	14 available voter registration applications in the languages
	3129	+	15 provided by the Illinois State Board of Elections. The form
	3130	+	16 that informs the person that his or her rights have been
	3131	+	17 restored shall include the following information:
	3132	+	18 (1) All voting rights are restored upon release from
	3133	+	19 the Department's custody.
	3134	+	20 (2) A person who is eligible to vote must register in
	3135	+	21 order to be able to vote.
	3136	+	22 The Department of Corrections shall confirm that the
	3137	+	23 person received the voter registration application and has
	3138	+	24 been informed that his or her voting rights have been
	3139	+	25 restored.
	3140	+	26 (a-4) Prior to release of a person on parole, mandatory
	3141	+
	3142	+
	3143	+
	3144	+
	3145	+
	3146	+	SB0019 - 87 - LRB104 08032 JDS 18078 b
	3147	+
	3148	+
	3149	+	SB0019- 88 -LRB104 08032 JDS 18078 b SB0019 - 88 - LRB104 08032 JDS 18078 b
	3150	+	SB0019 - 88 - LRB104 08032 JDS 18078 b
	3151	+	1 supervised release, final discharge, or pardon, the Department
	3152	+	2 shall screen every person for Medicaid eligibility. Officials
	3153	+	3 of the correctional institution or facility where the
	3154	+	4 committed person is assigned shall assist an eligible person
	3155	+	5 to complete a Medicaid application to ensure that the person
	3156	+	6 begins receiving benefits as soon as possible after his or her
	3157	+	7 release. The application must include the eligible person's
	3158	+	8 address associated with his or her residence upon release from
	3159	+	9 the facility. If the residence is temporary, the eligible
	3160	+	10 person must notify the Department of Human Services of his or
	3161	+	11 her change in address upon transition to permanent housing.
	3162	+	12 (a-5) Upon release of a person from its custody to parole,
	3163	+	13 upon mandatory supervised release, or upon final discharge,
	3164	+	14 the Department shall run a LEADS report and shall notify the
	3165	+	15 person of all in-effect orders of protection issued against
	3166	+	16 the person under Article 112A of the Code of Criminal
	3167	+	17 Procedure of 1963 or under the Illinois Domestic Violence Act
	3168	+	18 of 1986 that are identified in the LEADS report.
	3169	+	19 (b) (Blank).
	3170	+	20 (c) Except as otherwise provided in this Code, the
	3171	+	21 Department shall establish procedures to provide written
	3172	+	22 notification of any release of any person who has been
	3173	+	23 convicted of a felony to the State's Attorney and sheriff of
	3174	+	24 the county from which the offender was committed, and the
	3175	+	25 State's Attorney and sheriff of the county into which the
	3176	+	26 offender is to be paroled or released. Except as otherwise
	3177	+
	3178	+
	3179	+
	3180	+
	3181	+
	3182	+	SB0019 - 88 - LRB104 08032 JDS 18078 b
	3183	+
	3184	+
	3185	+	SB0019- 89 -LRB104 08032 JDS 18078 b SB0019 - 89 - LRB104 08032 JDS 18078 b
	3186	+	SB0019 - 89 - LRB104 08032 JDS 18078 b
	3187	+	1 provided in this Code, the Department shall establish
	3188	+	2 procedures to provide written notification to the proper law
	3189	+	3 enforcement agency for any municipality of any release of any
	3190	+	4 person who has been convicted of a felony if the arrest of the
	3191	+	5 offender or the commission of the offense took place in the
	3192	+	6 municipality, if the offender is to be paroled or released
	3193	+	7 into the municipality, or if the offender resided in the
	3194	+	8 municipality at the time of the commission of the offense. If a
	3195	+	9 person convicted of a felony who is in the custody of the
	3196	+	10 Department of Corrections or on parole or mandatory supervised
	3197	+	11 release informs the Department that he or she has resided,
	3198	+	12 resides, or will reside at an address that is a housing
	3199	+	13 facility owned, managed, operated, or leased by a public
	3200	+	14 housing agency, the Department must send written notification
	3201	+	15 of that information to the public housing agency that owns,
	3202	+	16 manages, operates, or leases the housing facility. The written
	3203	+	17 notification shall, when possible, be given at least 14 days
	3204	+	18 before release of the person from custody, or as soon
	3205	+	19 thereafter as possible. The written notification shall be
	3206	+	20 provided electronically if the State's Attorney, sheriff,
	3207	+	21 proper law enforcement agency, or public housing agency has
	3208	+	22 provided the Department with an accurate and up to date email
	3209	+	23 address.
	3210	+	24 (c-1) (Blank).
	3211	+	25 (c-2) The Department shall establish procedures to provide
	3212	+	26 notice to the Illinois State Police of the release or
	3213	+
	3214	+
	3215	+
	3216	+
	3217	+
	3218	+	SB0019 - 89 - LRB104 08032 JDS 18078 b
	3219	+
	3220	+
	3221	+	SB0019- 90 -LRB104 08032 JDS 18078 b SB0019 - 90 - LRB104 08032 JDS 18078 b
	3222	+	SB0019 - 90 - LRB104 08032 JDS 18078 b
	3223	+	1 discharge of persons convicted of violations of the
	3224	+	2 Methamphetamine Control and Community Protection Act or a
	3225	+	3 violation of the Methamphetamine Precursor Control Act. The
	3226	+	4 Illinois State Police shall make this information available to
	3227	+	5 local, State, or federal law enforcement agencies upon
	3228	+	6 request.
	3229	+	7 (c-5) If a person on parole or mandatory supervised
	3230	+	8 release becomes a resident of a facility licensed or regulated
	3231	+	9 by the Department of Public Health, the Illinois Department of
	3232	+	10 Public Aid, or the Illinois Department of Human Services, the
	3233	+	11 Department of Corrections shall provide copies of the
	3234	+	12 following information to the appropriate licensing or
	3235	+	13 regulating Department and the licensed or regulated facility
	3236	+	14 where the person becomes a resident:
	3237	+	15 (1) The mittimus and any pre-sentence investigation
	3238	+	16 reports.
	3239	+	17 (2) The social evaluation prepared pursuant to Section
	3240	+	18 3-8-2.
	3241	+	19 (3) Any pre-release evaluation conducted pursuant to
	3242	+	20 subsection (j) of Section 3-6-2.
	3243	+	21 (4) Reports of disciplinary infractions and
	3244	+	22 dispositions.
	3245	+	23 (5) Any parole plan, including orders issued by the
	3246	+	24 Prisoner Review Board, and any violation reports and
	3247	+	25 dispositions.
	3248	+	26 (6) The name and contact information for the assigned
	3249	+
	3250	+
	3251	+
	3252	+
	3253	+
	3254	+	SB0019 - 90 - LRB104 08032 JDS 18078 b
	3255	+
	3256	+
	3257	+	SB0019- 91 -LRB104 08032 JDS 18078 b SB0019 - 91 - LRB104 08032 JDS 18078 b
	3258	+	SB0019 - 91 - LRB104 08032 JDS 18078 b
	3259	+	1 parole agent and parole supervisor.
	3260	+	2 This information shall be provided within 3 days of the
	3261	+	3 person becoming a resident of the facility.
	3262	+	4 (c-10) If a person on parole or mandatory supervised
	3263	+	5 release becomes a resident of a facility licensed or regulated
	3264	+	6 by the Department of Public Health, the Illinois Department of
	3265	+	7 Public Aid, or the Illinois Department of Human Services, the
	3266	+	8 Department of Corrections shall provide written notification
	3267	+	9 of such residence to the following:
	3268	+	10 (1) The Prisoner Review Board.
	3269	+	11 (2) The chief of police and sheriff in the
	3270	+	12 municipality and county in which the licensed facility is
	3271	+	13 located.
	3272	+	14 The notification shall be provided within 3 days of the
	3273	+	15 person becoming a resident of the facility.
	3274	+	16 (d) Upon the release of a committed person on parole,
	3275	+	17 mandatory supervised release, final discharge, or pardon, the
	3276	+	18 Department shall provide such person with information
	3277	+	19 concerning programs and services of the Illinois Department of
	3278	+	20 Public Health to ascertain whether such person has been
	3279	+	21 exposed to the human immunodeficiency virus (HIV) or any
	3280	+	22 identified causative agent of Acquired Immunodeficiency
	3281	+	23 Syndrome (AIDS).
	3282	+	24 (e) Upon the release of a committed person on parole,
	3283	+	25 mandatory supervised release, final discharge, pardon, or who
	3284	+	26 has been wrongfully imprisoned, the Department shall verify
	3285	+
	3286	+
	3287	+
	3288	+
	3289	+
	3290	+	SB0019 - 91 - LRB104 08032 JDS 18078 b
	3291	+
	3292	+
	3293	+	SB0019- 92 -LRB104 08032 JDS 18078 b SB0019 - 92 - LRB104 08032 JDS 18078 b
	3294	+	SB0019 - 92 - LRB104 08032 JDS 18078 b
	3295	+	1 the released person's full name, date of birth, and social
	3296	+	2 security number. If verification is made by the Department by
	3297	+	3 obtaining a certified copy of the released person's birth
	3298	+	4 certificate and the released person's social security card or
	3299	+	5 other documents authorized by the Secretary, the Department
	3300	+	6 shall provide the birth certificate and social security card
	3301	+	7 or other documents authorized by the Secretary to the released
	3302	+	8 person. If verification by the Department is done by means
	3303	+	9 other than obtaining a certified copy of the released person's
	3304	+	10 birth certificate and the released person's social security
	3305	+	11 card or other documents authorized by the Secretary, the
	3306	+	12 Department shall complete a verification form, prescribed by
	3307	+	13 the Secretary of State, and shall provide that verification
	3308	+	14 form to the released person.
	3309	+	15 (f) Forty-five days prior to the scheduled discharge of a
	3310	+	16 person committed to the custody of the Department of
	3311	+	17 Corrections, the Department shall give the person:
	3312	+	18 (1) who is otherwise uninsured an opportunity to apply
	3313	+	19 for health care coverage including medical assistance
	3314	+	20 under Article V of the Illinois Public Aid Code in
	3315	+	21 accordance with subsection (b) of Section 1-8.5 of the
	3316	+	22 Illinois Public Aid Code, and the Department of
	3317	+	23 Corrections shall provide assistance with completion of
	3318	+	24 the application for health care coverage including medical
	3319	+	25 assistance;
	3320	+	26 (2) information about obtaining a standard Illinois
	3321	+
	3322	+
	3323	+
	3324	+
	3325	+
	3326	+	SB0019 - 92 - LRB104 08032 JDS 18078 b
	3327	+
	3328	+
	3329	+	SB0019- 93 -LRB104 08032 JDS 18078 b SB0019 - 93 - LRB104 08032 JDS 18078 b
	3330	+	SB0019 - 93 - LRB104 08032 JDS 18078 b
	3331	+	1 Identification Card or a limited-term Illinois
	3332	+	2 Identification Card under Section 4 of the Illinois
	3333	+	3 Identification Card Act if the person has not been issued
	3334	+	4 an Illinois Identification Card under subsection (a-20) of
	3335	+	5 Section 4 of the Illinois Identification Card Act;
	3336	+	6 (3) information about voter registration and may
	3337	+	7 distribute information prepared by the State Board of
	3338	+	8 Elections. The Department of Corrections may enter into an
	3339	+	9 interagency contract with the State Board of Elections to
	3340	+	10 participate in the automatic voter registration program
	3341	+	11 and be a designated automatic voter registration agency
	3342	+	12 under Section 1A-16.2 of the Election Code;
	3343	+	13 (4) information about job listings upon discharge from
	3344	+	14 the correctional institution or facility;
	3345	+	15 (5) information about available housing upon discharge
	3346	+	16 from the correctional institution or facility;
	3347	+	17 (6) a directory of elected State officials and of
	3348	+	18 officials elected in the county and municipality, if any,
	3349	+	19 in which the committed person intends to reside upon
	3350	+	20 discharge from the correctional institution or facility;
	3351	+	21 and
	3352	+	22 (7) any other information that the Department of
	3353	+	23 Corrections deems necessary to provide the committed
	3354	+	24 person in order for the committed person to reenter the
	3355	+	25 community and avoid recidivism.
	3356	+	26 (g) Sixty days before the scheduled discharge of a person
	3357	+
	3358	+
	3359	+
	3360	+
	3361	+
	3362	+	SB0019 - 93 - LRB104 08032 JDS 18078 b
	3363	+
	3364	+
	3365	+	SB0019- 94 -LRB104 08032 JDS 18078 b SB0019 - 94 - LRB104 08032 JDS 18078 b
	3366	+	SB0019 - 94 - LRB104 08032 JDS 18078 b
	3367	+	1 committed to the custody of the Department or upon receipt of
	3368	+	2 the person's certified birth certificate and social security
	3369	+	3 card as set forth in subsection (d) of Section 3-8-1 of this
	3370	+	4 Act, whichever occurs later, the Department shall transmit an
	3371	+	5 application for an Identification Card to the Secretary of
	3372	+	6 State, in accordance with subsection (a-20) of Section 4 of
	3373	+	7 the Illinois Identification Card Act.
	3374	+	8 The Department may adopt rules to implement this Section.
	3375	+	9 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
	3376	+	10 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
	3377	+	11 1-1-24.)
	3378	+	12 (730 ILCS 5/5-4.5-115)
	3379	+	13 Sec. 5-4.5-115. Parole review of persons under the age of
	3380	+	14 21 at the time of the commission of an offense.
	3381	+	15 (a) For purposes of this Section, "victim" means a victim
	3382	+	16 of a violent crime as defined in subsection (a) of Section 3 of
	3383	+	17 the Rights of Crime Victims and Witnesses Act including a
	3384	+	18 witness as defined in subsection (b) of Section 3 of the Rights
	3385	+	19 of Crime Victims and Witnesses Act; any person legally related
	3386	+	20 to the victim by blood, marriage, adoption, or guardianship;
	3387	+	21 any friend of the victim; or any concerned citizen.
	3388	+	22 (b) A person under 21 years of age at the time of the
	3389	+	23 commission of an offense or offenses, other than first degree
	3390	+	24 murder, and who is not serving a sentence for first degree
	3391	+	25 murder and who is sentenced on or after June 1, 2019 (the
	3392	+
	3393	+
	3394	+
	3395	+
	3396	+
	3397	+	SB0019 - 94 - LRB104 08032 JDS 18078 b
	3398	+
	3399	+
	3400	+	SB0019- 95 -LRB104 08032 JDS 18078 b SB0019 - 95 - LRB104 08032 JDS 18078 b
	3401	+	SB0019 - 95 - LRB104 08032 JDS 18078 b
	3402	+	1 effective date of Public Act 100-1182) shall be eligible for
	3403	+	2 parole review by the Prisoner Review Board after serving 10
	3404	+	3 years or more of his or her sentence or sentences, except for
	3405	+	4 those serving a sentence or sentences for: (1) aggravated
	3406	+	5 criminal sexual assault who shall be eligible for parole
	3407	+	6 review by the Prisoner Review Board after serving 20 years or
	3408	+	7 more of his or her sentence or sentences or (2) predatory
	3409	+	8 criminal sexual assault of a child who shall not be eligible
	3410	+	9 for parole review by the Prisoner Review Board under this
	3411	+	10 Section. A person under 21 years of age at the time of the
	3412	+	11 commission of first degree murder who is sentenced on or after
	3413	+	12 June 1, 2019 (the effective date of Public Act 100-1182) shall
	3414	+	13 be eligible for parole review by the Prisoner Review Board
	3415	+	14 after serving 20 years or more of his or her sentence or
	3416	+	15 sentences, except for those subject to a term of natural life
	3417	+	16 imprisonment under Section 5-8-1 of this Code or any person
	3418	+	17 subject to sentencing under subsection (c) of Section
	3419	+	18 5-4.5-105 of this Code, who shall be eligible for parole
	3420	+	19 review by the Prisoner Review Board after serving 40 years or
	3421	+	20 more of his or her sentence or sentences.
	3422	+	21 (c) Three years prior to becoming eligible for parole
	3423	+	22 review, the eligible person may file his or her petition for
	3424	+	23 parole review with the Prisoner Review Board. The petition
	3425	+	24 shall include a copy of the order of commitment and sentence to
	3426	+	25 the Department of Corrections for the offense or offenses for
	3427	+	26 which review is sought. Within 30 days of receipt of this
	3428	+
	3429	+
	3430	+
	3431	+
	3432	+
	3433	+	SB0019 - 95 - LRB104 08032 JDS 18078 b
	3434	+
	3435	+
	3436	+	SB0019- 96 -LRB104 08032 JDS 18078 b SB0019 - 96 - LRB104 08032 JDS 18078 b
	3437	+	SB0019 - 96 - LRB104 08032 JDS 18078 b
	3438	+	1 petition, the Prisoner Review Board shall determine whether
	3439	+	2 the petition is appropriately filed, and if so, shall set a
	3440	+	3 date for parole review 3 years from receipt of the petition and
	3441	+	4 notify the Department of Corrections within 10 business days.
	3442	+	5 If the Prisoner Review Board determines that the petition is
	3443	+	6 not appropriately filed, it shall notify the petitioner in
	3444	+	7 writing, including a basis for its determination.
	3445	+	8 (d) Within 6 months of the Prisoner Review Board's
	3446	+	9 determination that the petition was appropriately filed, a
	3447	+	10 representative from the Department of Corrections shall meet
	3448	+	11 with the eligible person and provide the inmate information
	3449	+	12 about the parole hearing process and personalized
	3450	+	13 recommendations for the inmate regarding his or her work
	3451	+	14 assignments, rehabilitative programs, and institutional
	3452	+	15 behavior. Following this meeting, the eligible person has 7
	3453	+	16 calendar days to file a written request to the representative
	3454	+	17 from the Department of Corrections who met with the eligible
	3455	+	18 person of any additional programs and services which the
	3456	+	19 eligible person believes should be made available to prepare
	3457	+	20 the eligible person for return to the community.
	3458	+	21 (e) One year prior to the person being eligible for
	3459	+	22 parole, counsel shall be appointed by the Prisoner Review
	3460	+	23 Board upon a finding of indigency. The eligible person may
	3461	+	24 waive appointed counsel or retain his or her own counsel at his
	3462	+	25 or her own expense.
	3463	+	26 (f) Nine months prior to the hearing, the Prisoner Review
	3464	+
	3465	+
	3466	+
	3467	+
	3468	+
	3469	+	SB0019 - 96 - LRB104 08032 JDS 18078 b
	3470	+
	3471	+
	3472	+	SB0019- 97 -LRB104 08032 JDS 18078 b SB0019 - 97 - LRB104 08032 JDS 18078 b
	3473	+	SB0019 - 97 - LRB104 08032 JDS 18078 b
	3474	+	1 Board shall provide the eligible person, and his or her
	3475	+	2 counsel, any written documents or materials it will be
	3476	+	3 considering in making its decision unless the written
	3477	+	4 documents or materials are specifically found to: (1) include
	3478	+	5 information which, if disclosed, would damage the therapeutic
	3479	+	6 relationship between the inmate and a mental health
	3480	+	7 professional; (2) subject any person to the actual risk of
	3481	+	8 physical harm; (3) threaten the safety or security of the
	3482	+	9 Department or an institution. In accordance with Section
	3483	+	10 4.5(d)(4) of the Rights of Crime Victims and Witnesses Act and
	3484	+	11 Section 10 of the Open Parole Hearings Act, victim statements
	3485	+	12 provided to the Board shall be confidential and privileged,
	3486	+	13 including any statements received prior to the effective date
	3487	+	14 of this amendatory Act of the 101st General Assembly, except
	3488	+	15 if the statement was an oral statement made by the victim at a
	3489	+	16 hearing open to the public. Victim statements shall not be
	3490	+	17 considered public documents under the provisions of the
	3491	+	18 Freedom of Information Act. The inmate or his or her attorney
	3492	+	19 shall not be given a copy of the statement, but shall be
	3493	+	20 informed of the existence of a victim statement and the
	3494	+	21 position taken by the victim on the inmate's request for
	3495	+	22 parole. This shall not be construed to permit disclosure to an
	3496	+	23 inmate of any information which might result in the risk of
	3497	+	24 threats or physical harm to a victim. The Prisoner Review
	3498	+	25 Board shall have an ongoing duty to provide the eligible
	3499	+	26 person, and his or her counsel, with any further documents or
	3500	+
	3501	+
	3502	+
	3503	+
	3504	+
	3505	+	SB0019 - 97 - LRB104 08032 JDS 18078 b
	3506	+
	3507	+
	3508	+	SB0019- 98 -LRB104 08032 JDS 18078 b SB0019 - 98 - LRB104 08032 JDS 18078 b
	3509	+	SB0019 - 98 - LRB104 08032 JDS 18078 b
	3510	+	1 materials that come into its possession prior to the hearing
	3511	+	2 subject to the limitations contained in this subsection.
	3512	+	3 (g) Not less than 12 months prior to the hearing, the
	3513	+	4 Prisoner Review Board shall provide notification to the
	3514	+	5 State's Attorney of the county from which the person was
	3515	+	6 committed and written notification to the victim or family of
	3516	+	7 the victim of the scheduled hearing place, date, and
	3517	+	8 approximate time. The written notification shall contain: (1)
	3518	+	9 information about their right to be present, appear in person
	3519	+	10 at the parole hearing, and their right to make an oral
	3520	+	11 statement and submit information in writing, by videotape,
	3521	+	12 tape recording, or other electronic means; (2) a toll-free
	3522	+	13 number to call for further information about the parole review
	3523	+	14 process; and (3) information regarding available resources,
	3524	+	15 including trauma-informed therapy, they may access. If the
	3525	+	16 Board does not have knowledge of the current address of the
	3526	+	17 victim or family of the victim, it shall notify the State's
	3527	+	18 Attorney of the county of commitment and request assistance in
	3528	+	19 locating the victim or family of the victim. Those victims or
	3529	+	20 family of the victims who advise the Board in writing that they
	3530	+	21 no longer wish to be notified shall not receive future
	3531	+	22 notices. A victim shall have the right to submit information
	3532	+	23 by videotape, tape recording, or other electronic means. The
	3533	+	24 victim may submit this material prior to or at the parole
	3534	+	25 hearing. The victim also has the right to be heard at the
	3535	+	26 parole hearing.
	3536	+
	3537	+
	3538	+
	3539	+
	3540	+
	3541	+	SB0019 - 98 - LRB104 08032 JDS 18078 b
	3542	+
	3543	+
	3544	+	SB0019- 99 -LRB104 08032 JDS 18078 b SB0019 - 99 - LRB104 08032 JDS 18078 b
	3545	+	SB0019 - 99 - LRB104 08032 JDS 18078 b
	3546	+	1 (h) The hearing conducted by the Prisoner Review Board
	3547	+	2 shall be governed by Sections 15 and 20, subsection (f) of
	3548	+	3 Section 5, subsections (a), (a-5), (b), (b-5), and (c) of
	3549	+	4 Section 10, and subsection (d) of Section 25 of the Open Parole
	3550	+	5 Hearings Act and Part 1610 of Title 20 of the Illinois
	3551	+	6 Administrative Code. The eligible person has a right to be
	3552	+	7 present at the Prisoner Review Board hearing, unless the
	3553	+	8 Prisoner Review Board determines the eligible person's
	3554	+	9 presence is unduly burdensome when conducting a hearing under
	3555	+	10 paragraph (6.6) of subsection (a) of Section 3-3-2 of this
	3556	+	11 Code. If a psychological evaluation is submitted for the
	3557	+	12 Prisoner Review Board's consideration, it shall be prepared by
	3558	+	13 a person who has expertise in adolescent brain development and
	3559	+	14 behavior, and shall take into consideration the diminished
	3560	+	15 culpability of youthful offenders, the hallmark features of
	3561	+	16 youth, and any subsequent growth and increased maturity of the
	3562	+	17 person. At the hearing, the eligible person shall have the
	3563	+	18 right to make a statement on his or her own behalf.
	3564	+	19 (i) Only upon motion for good cause shall the date for the
	3565	+	20 Prisoner Review Board hearing, as set by subsection (b) of
	3566	+	21 this Section, be changed. No less than 15 days prior to the
	3567	+	22 hearing, the Prisoner Review Board shall notify the victim or
	3568	+	23 victim representative, the attorney, and the eligible person
	3569	+	24 of the exact date and time of the hearing. All hearings shall
	3570	+	25 be open to the public.
	3571	+	26 (j) (Blank). The Prisoner Review Board shall not parole
	3572	+
	3573	+
	3574	+
	3575	+
	3576	+
	3577	+	SB0019 - 99 - LRB104 08032 JDS 18078 b
	3578	+
	3579	+
	3580	+	SB0019- 100 -LRB104 08032 JDS 18078 b SB0019 - 100 - LRB104 08032 JDS 18078 b
	3581	+	SB0019 - 100 - LRB104 08032 JDS 18078 b
	3582	+	1 the eligible person if it determines that:
	3583	+	2 (1) there is a substantial risk that the eligible
	3584	+	3 person will not conform to reasonable conditions of parole
	3585	+	4 or aftercare release; or
	3586	+	5 (2) the eligible person's release at that time would
	3587	+	6 deprecate the seriousness of his or her offense or promote
	3588	+	7 disrespect for the law; or
	3589	+	8 (3) the eligible person's release would have a
	3590	+	9 substantially adverse effect on institutional discipline.
	3591	+	10 In considering the factors affecting the release
	3592	+	11 determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
	3593	+	12 Review Board panel shall consider the diminished culpability
	3594	+	13 of youthful offenders, the hallmark features of youth, and any
	3595	+	14 subsequent growth and maturity of the youthful offender during
	3596	+	15 incarceration.
	3597	+	16 (j-5) In deciding whether to grant or deny parole, the
	3598	+	17 Board shall consider the following factors:
	3599	+	18 (1) participation in rehabilitative programming
	3600	+	19 available to the petitioner, including, but not limited
	3601	+	20 to, educational courses, vocational courses, life skills
	3602	+	21 courses, individual or group counseling courses, civics
	3603	+	22 education courses, peer education courses, independent
	3604	+	23 studies courses, substance abuse counseling courses, and
	3605	+	24 behavior modification courses;
	3606	+	25 (2) participation in professional licensing courses or
	3607	+	26 on-the-job training courses;
	3608	+
	3609	+
	3610	+
	3611	+
	3612	+
	3613	+	SB0019 - 100 - LRB104 08032 JDS 18078 b
	3614	+
	3615	+
	3616	+	SB0019- 101 -LRB104 08032 JDS 18078 b SB0019 - 101 - LRB104 08032 JDS 18078 b
	3617	+	SB0019 - 101 - LRB104 08032 JDS 18078 b
	3618	+	1 (3) letters from correctional staff, educational
	3619	+	2 faculty, community members, friends, and other
	3620	+	3 incarcerated persons;
	3621	+	4 (4) the petitioner's potential for rehabilitation or
	3622	+	5 the evidence of rehabilitation in the petitioner;
	3623	+	6 (5) the applicant's age at the time of the offense;
	3624	+	7 (6) the circumstances of the offense and the
	3625	+	8 petitioner's role and degree of participation in the
	3626	+	9 offense;
	3627	+	10 (7) the presence of a cognitive or developmental
	3628	+	11 disability in the petitioner at the time of the offense;
	3629	+	12 (8) the petitioner's family, home environment,
	3630	+	13 educational and social background at the time of the
	3631	+	14 offense;
	3632	+	15 (9) evidence that the petitioner has suffered from
	3633	+	16 post-traumatic stress disorder, adverse childhood
	3634	+	17 experiences, or other traumas that could have been a
	3635	+	18 contributing factor to a person's criminal behavior and
	3636	+	19 participation in the offense;
	3637	+	20 (10) the presence or expression by the petitioner of
	3638	+	21 remorse, compassion, or insight of harm and collateral
	3639	+	22 effects experienced by the victims;
	3640	+	23 (11) the commission of a serious disciplinary
	3641	+	24 infraction within the previous 5 years;
	3642	+	25 (12) a pattern of fewer serious institutional
	3643	+	26 disciplinary infractions within the previous 2 years;
	3644	+
	3645	+
	3646	+
	3647	+
	3648	+
	3649	+	SB0019 - 101 - LRB104 08032 JDS 18078 b
	3650	+
	3651	+
	3652	+	SB0019- 102 -LRB104 08032 JDS 18078 b SB0019 - 102 - LRB104 08032 JDS 18078 b
	3653	+	SB0019 - 102 - LRB104 08032 JDS 18078 b
	3654	+	1 (13) evidence that the petitioner has any serious
	3655	+	2 medical conditions;
	3656	+	3 (14) evidence that the Department is unable to meet
	3657	+	4 the petitioner's medical needs;
	3658	+	5 (15) the petitioner's reentry plan, including, but not
	3659	+	6 limited to, residence plans, employment plans, continued
	3660	+	7 education plans, rehabilitation plans, and counseling
	3661	+	8 plans.
	3662	+	9 No one factor in this subsection (j-5) shall be
	3663	+	10 dispositive. In considering the factors affecting the release
	3664	+	11 determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
	3665	+	12 Review Board panel shall consider the diminished culpability
	3666	+	13 of youthful offenders, the hallmark features of youth, and any
	3667	+	14 subsequent growth and maturity of the youthful offender during
	3668	+	15 incarceration.
	3669	+	16 (k) Unless denied parole under subsection (j) of this
	3670	+	17 Section and subject to the provisions of Section 3-3-9 of this
	3671	+	18 Code: (1) the eligible person serving a sentence for any
	3672	+	19 non-first degree murder offense or offenses, shall be released
	3673	+	20 on parole which shall operate to discharge any remaining term
	3674	+	21 of years sentence imposed upon him or her, notwithstanding any
	3675	+	22 required mandatory supervised release period the eligible
	3676	+	23 person is required to serve; and (2) the eligible person
	3677	+	24 serving a sentence for any first degree murder offense, shall
	3678	+	25 be released on mandatory supervised release for a period of 10
	3679	+	26 years subject to Section 3-3-8, which shall operate to
	3680	+
	3681	+
	3682	+
	3683	+
	3684	+
	3685	+	SB0019 - 102 - LRB104 08032 JDS 18078 b
	3686	+
	3687	+
	3688	+	SB0019- 103 -LRB104 08032 JDS 18078 b SB0019 - 103 - LRB104 08032 JDS 18078 b
	3689	+	SB0019 - 103 - LRB104 08032 JDS 18078 b
	3690	+	1 discharge any remaining term of years sentence imposed upon
	3691	+	2 him or her, however in no event shall the eligible person serve
	3692	+	3 a period of mandatory supervised release greater than the
	3693	+	4 aggregate of the discharged underlying sentence and the
	3694	+	5 mandatory supervised release period as sent forth in Section
	3695	+	6 5-4.5-20.
	3696	+	7 (l) If the Prisoner Review Board denies parole after
	3697	+	8 conducting the hearing under subsection (j) of this Section,
	3698	+	9 it shall issue a written decision which states the rationale
	3699	+	10 for denial, including the primary factors considered. This
	3700	+	11 decision shall be provided to the eligible person and his or
	3701	+	12 her counsel within 30 days.
	3702	+	13 (m) A person denied parole under subsection (j) of this
	3703	+	14 Section, who is not serving a sentence for either first degree
	3704	+	15 murder or aggravated criminal sexual assault, shall be
	3705	+	16 eligible for a second parole review by the Prisoner Review
	3706	+	17 Board 5 years after the written decision under subsection (l)
	3707	+	18 of this Section; a person denied parole under subsection (j)
	3708	+	19 of this Section, who is serving a sentence or sentences for
	3709	+	20 first degree murder or aggravated criminal sexual assault
	3710	+	21 shall be eligible for a second and final parole review by the
	3711	+	22 Prisoner Review Board 10 years after the written decision
	3712	+	23 under subsection (k) of this Section. The procedures for a
	3713	+	24 second parole review shall be governed by subsections (c)
	3714	+	25 through (k) of this Section.
	3715	+	26 (n) A person denied parole under subsection (m) of this
	3716	+
	3717	+
	3718	+
	3719	+
	3720	+
	3721	+	SB0019 - 103 - LRB104 08032 JDS 18078 b
	3722	+
	3723	+
	3724	+	SB0019- 104 -LRB104 08032 JDS 18078 b SB0019 - 104 - LRB104 08032 JDS 18078 b
	3725	+	SB0019 - 104 - LRB104 08032 JDS 18078 b
	3726	+	1 Section, who is not serving a sentence for either first degree
	3727	+	2 murder or aggravated criminal sexual assault, shall be
	3728	+	3 eligible for a third and final parole review by the Prisoner
	3729	+	4 Review Board 5 years after the written decision under
	3730	+	5 subsection (l) of this Section. The procedures for the third
	3731	+	6 and final parole review shall be governed by subsections (c)
	3732	+	7 through (k) of this Section.
	3733	+	8 (o) Notwithstanding anything else to the contrary in this
	3734	+	9 Section, nothing in this Section shall be construed to delay
	3735	+	10 parole or mandatory supervised release consideration for
	3736	+	11 petitioners who are or will be eligible for release earlier
	3737	+	12 than this Section provides. Nothing in this Section shall be
	3738	+	13 construed as a limit, substitution, or bar on a person's right
	3739	+	14 to sentencing relief, or any other manner of relief, obtained
	3740	+	15 by order of a court in proceedings other than as provided in
	3741	+	16 this Section.
	3742	+	17 (Source: P.A. 101-288, eff. 1-1-20; 102-1128, eff. 1-1-24.)
3993	3743		18 Section 99. Effective date. This Act takes effect upon
3994	3744		19 becoming law.
3995		-
3996		-
3997		-
3998		-
3999		-
4000		-	SB0019 Engrossed - 112 - LRB104 08032 JDS 18078 b
	3745	+	SB0019- 105 -LRB104 08032 JDS 18078 b 1 INDEX 2 Statutes amended in order of appearance SB0019- 105 -LRB104 08032 JDS 18078 b SB0019 - 105 - LRB104 08032 JDS 18078 b 1 INDEX 2 Statutes amended in order of appearance
	3746	+	SB0019- 105 -LRB104 08032 JDS 18078 b SB0019 - 105 - LRB104 08032 JDS 18078 b
	3747	+	SB0019 - 105 - LRB104 08032 JDS 18078 b
	3748	+	1 INDEX
	3749	+	2 Statutes amended in order of appearance
	3750	+
	3751	+
	3752	+
	3753	+
	3754	+
	3755	+	SB0019 - 104 - LRB104 08032 JDS 18078 b
	3756	+
	3757	+
	3758	+
	3759	+	SB0019- 105 -LRB104 08032 JDS 18078 b SB0019 - 105 - LRB104 08032 JDS 18078 b
	3760	+	SB0019 - 105 - LRB104 08032 JDS 18078 b
	3761	+	1 INDEX
	3762	+	2 Statutes amended in order of appearance
	3763	+
	3764	+
	3765	+
	3766	+
	3767	+
	3768	+	SB0019 - 105 - LRB104 08032 JDS 18078 b