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Illinois Senate Bill SB0086

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0086 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0086 Introduced 1/17/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5730 ILCS 5/3-3-16 new Amends the Unified Code of Corrections. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration, excluding any person sentenced to natural life imprisonment for a Class X felony violation of criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Specifies factors that the Board must consider as shown by the petition or as shown at the hearing. Provides that victims and victims' families shall be notified in a timely manner and be provided the opportunity to participate at the parole hearing concerning the petitioner's application for parole under this provision in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and this provision. Provides that Prisoner Review Board hearings under this provision shall be conducted by a panel of at least 3 members of the Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing. Provides that when the panel votes to deny parole, a rationale shall be prepared by at least one member of the panel that states the basis for the denial, including the primary factors considered. Provides that in its decision, the Board shall set the person's time for parole or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that this provision applies retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act. LRB104 03071 RLC 15005 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0086 Introduced 1/17/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5730 ILCS 5/3-3-16 new 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5 730 ILCS 5/3-3-16 new Amends the Unified Code of Corrections. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration, excluding any person sentenced to natural life imprisonment for a Class X felony violation of criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Specifies factors that the Board must consider as shown by the petition or as shown at the hearing. Provides that victims and victims' families shall be notified in a timely manner and be provided the opportunity to participate at the parole hearing concerning the petitioner's application for parole under this provision in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and this provision. Provides that Prisoner Review Board hearings under this provision shall be conducted by a panel of at least 3 members of the Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing. Provides that when the panel votes to deny parole, a rationale shall be prepared by at least one member of the panel that states the basis for the denial, including the primary factors considered. Provides that in its decision, the Board shall set the person's time for parole or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that this provision applies retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act. LRB104 03071 RLC 15005 b LRB104 03071 RLC 15005 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0086 Introduced 1/17/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5730 ILCS 5/3-3-16 new 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5 730 ILCS 5/3-3-16 new
44 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
55 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5
66 730 ILCS 5/3-3-16 new
77 Amends the Unified Code of Corrections. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration, excluding any person sentenced to natural life imprisonment for a Class X felony violation of criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Specifies factors that the Board must consider as shown by the petition or as shown at the hearing. Provides that victims and victims' families shall be notified in a timely manner and be provided the opportunity to participate at the parole hearing concerning the petitioner's application for parole under this provision in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and this provision. Provides that Prisoner Review Board hearings under this provision shall be conducted by a panel of at least 3 members of the Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing. Provides that when the panel votes to deny parole, a rationale shall be prepared by at least one member of the panel that states the basis for the denial, including the primary factors considered. Provides that in its decision, the Board shall set the person's time for parole or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that this provision applies retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act.
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1313 1 AN ACT concerning criminal law.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Unified Code of Corrections is amended by
1717 5 changing Sections 3-3-3 and 3-3-5 and by adding Section 3-3-16
1818 6 as follows:
1919 7 (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
2020 8 Sec. 3-3-3. Eligibility for parole or release.
2121 9 (a) Except for those offenders who accept the fixed
2222 10 release date established by the Prisoner Review Board under
2323 11 Section 3-3-2.1, every person serving a term of imprisonment
2424 12 under the law in effect prior to the effective date of this
2525 13 amendatory Act of 1977 shall be eligible for parole when he or
2626 14 she has served:
2727 15 (1) the minimum term of an indeterminate sentence less
2828 16 time credit for good behavior, or 20 years less time
2929 17 credit for good behavior, whichever is less; or
3030 18 (2) 20 years of a life sentence less time credit for
3131 19 good behavior; or
3232 20 (3) 20 years or one-third of a determinate sentence,
3333 21 whichever is less, less time credit for good behavior.
3434 22 (b) No person sentenced under this amendatory Act of 1977
3535 23 or who accepts a release date under Section 3-3-2.1 shall be
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3939 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0086 Introduced 1/17/2025, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
4040 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5730 ILCS 5/3-3-16 new 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5 730 ILCS 5/3-3-16 new
4141 730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
4242 730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5
4343 730 ILCS 5/3-3-16 new
4444 Amends the Unified Code of Corrections. Provides that a committed person who has attained the age of 55 years and served at least 25 consecutive years of incarceration, excluding any person sentenced to natural life imprisonment for a Class X felony violation of criminal sexual assault, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, shall be eligible to submit a petition to the Prisoner Review Board seeking parole. Specifies factors that the Board must consider as shown by the petition or as shown at the hearing. Provides that victims and victims' families shall be notified in a timely manner and be provided the opportunity to participate at the parole hearing concerning the petitioner's application for parole under this provision in accordance with the Rights of Crime Victims and Witnesses Act, the Open Parole Hearings Act, and this provision. Provides that Prisoner Review Board hearings under this provision shall be conducted by a panel of at least 3 members of the Board and a majority vote of the panel is required to grant the petition and release the petitioner on parole. Provides that the Board shall render its decision within a reasonable time after the hearing. Provides that when the panel votes to deny parole, a rationale shall be prepared by at least one member of the panel that states the basis for the denial, including the primary factors considered. Provides that in its decision, the Board shall set the person's time for parole or if it denies parole, it shall provide for a rehearing no later than 3 years after denial of parole. Provides that this provision applies retroactively to all persons serving any sentence that was or is imposed before, on, or after the effective date of the amendatory Act, and the period of incarceration for eligibility of each such person to submit a petition for parole is based on all previous consecutive years of incarceration served by that person before, on, and after the effective date of the amendatory Act.
4545 LRB104 03071 RLC 15005 b LRB104 03071 RLC 15005 b
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7474 1 eligible for parole.
7575 2 (c) Subject to Section 3-3-16 Except for those sentenced
7676 3 to a term of natural life imprisonment, every person sentenced
7777 4 to imprisonment under this amendatory Act of 1977 or given a
7878 5 release date under Section 3-3-2.1 of this Act shall serve the
7979 6 full term of a determinate sentence less time credit for good
8080 7 behavior and shall then be released under the mandatory
8181 8 supervised release provisions of paragraph (d) of Section
8282 9 5-8-1 of this Code.
8383 10 (d) (Blank). No person serving a term of natural life
8484 11 imprisonment may be paroled or released except through
8585 12 executive clemency.
8686 13 (d-5) Except as otherwise provided in Section 3-3-16, a
8787 14 person serving a term of natural life imprisonment or life
8888 15 imprisonment without the possibility of parole is eligible for
8989 16 parole under Section 3-3-16 and mandatory supervised release
9090 17 under subsection (d) of Section 5-8-1.
9191 18 (e) Every person committed to the Department of Juvenile
9292 19 Justice under the Juvenile Court Act of 1987 and confined in
9393 20 the State correctional institutions or facilities if such
9494 21 juvenile has not been tried as an adult shall be eligible for
9595 22 aftercare release under Section 3-2.5-85 of this Code.
9696 23 However, if a juvenile has been tried as an adult he or she
9797 24 shall only be eligible for parole or mandatory supervised
9898 25 release as an adult under this Section.
9999 26 (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
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110110 1 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
111111 2 Sec. 3-3-5. Hearing and determination.
112112 3 (a) The Prisoner Review Board shall meet as often as need
113113 4 requires to consider the cases of persons eligible for parole.
114114 5 Except as otherwise provided in paragraph (2) of subsection
115115 6 (a) of Section 3-3-2 or in Section 3-3-16 of this Act, the
116116 7 Prisoner Review Board may meet and order its actions in panels
117117 8 of 3 or more members. The action of a majority of the panel
118118 9 shall be the action of the Board.
119119 10 (b) If the person under consideration for parole is in the
120120 11 custody of the Department, at least one member of the Board
121121 12 shall interview him or her, and a report of that interview
122122 13 shall be available for the Board's consideration. However, in
123123 14 the discretion of the Board, the interview need not be
124124 15 conducted if a psychiatric examination determines that the
125125 16 person could not meaningfully contribute to the Board's
126126 17 consideration. The Board may in its discretion parole a person
127127 18 who is then outside the jurisdiction on his or her record
128128 19 without an interview. The Board need not hold a hearing or
129129 20 interview a person who is paroled under paragraphs (d) or (e)
130130 21 of this Section or released on Mandatory release under Section
131131 22 3-3-10.
132132 23 (c) The Board shall not parole a person eligible for
133133 24 parole if it determines that:
134134 25 (1) there is a substantial risk that he or she will not
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145145 1 conform to reasonable conditions of parole or aftercare
146146 2 release; or
147147 3 (2) his or her release at that time would deprecate
148148 4 the seriousness of his or her offense or promote
149149 5 disrespect for the law; or
150150 6 (3) his or her release would have a substantially
151151 7 adverse effect on institutional discipline.
152152 8 (d) (Blank).
153153 9 (e) A person who has served the maximum term of
154154 10 imprisonment imposed at the time of sentencing less time
155155 11 credit for good behavior shall be released on parole to serve a
156156 12 period of parole under Section 5-8-1.
157157 13 (f) The Board shall render its decision within a
158158 14 reasonable time after hearing and shall state the basis
159159 15 therefor both in the records of the Board and in written notice
160160 16 to the person on whose application it has acted. In its
161161 17 decision, the Board shall set the person's time for parole, or
162162 18 if it denies parole it shall provide for a rehearing not less
163163 19 frequently than once every year, except that the Board may,
164164 20 after denying parole, schedule a rehearing no later than 5
165165 21 years from the date of the parole denial, if the Board finds
166166 22 that it is not reasonable to expect that parole would be
167167 23 granted at a hearing prior to the scheduled rehearing date. If
168168 24 the Board shall parole a person, and, if he or she is not
169169 25 released within 90 days from the effective date of the order
170170 26 granting parole, the matter shall be returned to the Board for
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181181 1 review.
182182 2 (f-1) If the Board paroles a person who is eligible for
183183 3 commitment as a sexually violent person, the effective date of
184184 4 the Board's order shall be stayed for 90 days for the purpose
185185 5 of evaluation and proceedings under the Sexually Violent
186186 6 Persons Commitment Act.
187187 7 (g) The Board shall maintain a registry of decisions in
188188 8 which parole has been granted, which shall include the name
189189 9 and case number of the prisoner, the highest charge for which
190190 10 the prisoner was sentenced, the length of sentence imposed,
191191 11 the date of the sentence, the date of the parole, and the basis
192192 12 for the decision of the Board to grant parole and the vote of
193193 13 the Board on any such decisions. The registry shall be made
194194 14 available for public inspection and copying during business
195195 15 hours and shall be a public record pursuant to the provisions
196196 16 of the Freedom of Information Act.
197197 17 (h) The Board shall promulgate rules regarding the
198198 18 exercise of its discretion under this Section.
199199 19 (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;
200200 20 99-628, eff. 1-1-17.)
201201 21 (730 ILCS 5/3-3-16 new)
202202 22 Sec. 3-3-16. Long-term incarceration; petition for parole.
203203 23 (a) A committed person who has attained the age of 55 years
204204 24 and served at least 25 consecutive years of incarceration,
205205 25 excluding any person sentenced to natural life imprisonment
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216216 1 for a Class X felony violation of criminal sexual assault,
217217 2 aggravated criminal sexual assault, or predatory criminal
218218 3 sexual assault of a child, shall be eligible to submit a
219219 4 petition to the Prisoner Review Board seeking parole.
220220 5 (b) The Board shall hold a hearing on each petition, and in
221221 6 determining whether an eligible person should be granted
222222 7 parole, the Prisoner Review Board shall consider the following
223223 8 factors as shown by the petition or as shown at the hearing:
224224 9 (1) a statement by the petitioner as to the reasons
225225 10 why the petitioner believes he or she should be paroled,
226226 11 including estimated costs of continuing imprisonment and,
227227 12 if sought by the petitioner, a risk assessment by a third
228228 13 party;
229229 14 (2) evidence of the petitioner's rehabilitation during
230230 15 the period of the petitioner's incarceration, including
231231 16 evidence of the petitioner's remorse for his or her
232232 17 criminal behavior, if applicable, and his or her
233233 18 commitment not to recidivate; maintaining innocence shall
234234 19 not prevent a person from being granted parole;
235235 20 (3) character references and community support for the
236236 21 petitioner's release;
237237 22 (4) evidence of the petitioner's participation in
238238 23 educational programs, vocational programs, substance abuse
239239 24 programs, behavior modification programs, life skills
240240 25 courses, re-entry planning, or correctional industry
241241 26 programs and evidence of the petitioner's participation in
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252252 1 independent efforts at rehabilitation;
253253 2 (5) evidence of the petitioner's employment history in
254254 3 the correctional institution;
255255 4 (6) whether the petitioner is likely to commit another
256256 5 crime;
257257 6 (7) the present likelihood and ability of the
258258 7 petitioner, if released, to pose a substantial danger to
259259 8 the physical safety of a specifically identifiable person
260260 9 or persons; and
261261 10 (8) the petitioner's plans for housing upon release
262262 11 from incarceration.
263263 12 If the programs described in paragraph (4) of this
264264 13 subsection (b) or employment opportunities were not available
265265 14 in the correctional institution, the Board shall not penalize
266266 15 the committed person in his or her petition for parole under
267267 16 this Section.
268268 17 (c) Victims and victims' families shall be notified in a
269269 18 timely manner and be provided the opportunity to participate
270270 19 at the parole hearing concerning the petitioner's application
271271 20 for parole under this Section in accordance with the Rights of
272272 21 Crime Victims and Witnesses Act, the Open Parole Hearings Act,
273273 22 and this Section.
274274 23 (d) Prisoner Review Board hearings under this Section
275275 24 shall be conducted by a panel of at least 3 members of the
276276 25 Board and a majority vote of the panel is required to grant the
277277 26 petition and release the petitioner on parole.
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