IL
Illinois Senate Bill SB0296

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0296 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0296 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 Amends the Unified Code of Corrections. Provides that the annual report of the Prisoner Review Board transmitted to the Director of Corrections shall list how many C-Number Cases and Good Conduct Requests are considered, granted, and denied by the Board, disaggregated by offense, including, but not limited to, murder and offenses involving sexual conduct or sexual penetration, and indicate if the victims were under 18 years of age or members of law enforcement. LRB104 04085 RLC 14109 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0296 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 Amends the Unified Code of Corrections. Provides that the annual report of the Prisoner Review Board transmitted to the Director of Corrections shall list how many C-Number Cases and Good Conduct Requests are considered, granted, and denied by the Board, disaggregated by offense, including, but not limited to, murder and offenses involving sexual conduct or sexual penetration, and indicate if the victims were under 18 years of age or members of law enforcement. LRB104 04085 RLC 14109 b LRB104 04085 RLC 14109 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0296 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
44 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
55 Amends the Unified Code of Corrections. Provides that the annual report of the Prisoner Review Board transmitted to the Director of Corrections shall list how many C-Number Cases and Good Conduct Requests are considered, granted, and denied by the Board, disaggregated by offense, including, but not limited to, murder and offenses involving sexual conduct or sexual penetration, and indicate if the victims were under 18 years of age or members of law enforcement.
66 LRB104 04085 RLC 14109 b LRB104 04085 RLC 14109 b
77 LRB104 04085 RLC 14109 b
88 A BILL FOR
99 SB0296LRB104 04085 RLC 14109 b SB0296 LRB104 04085 RLC 14109 b
1010 SB0296 LRB104 04085 RLC 14109 b
1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Unified Code of Corrections is amended by
1515 5 changing Section 3-3-2 as follows:
1616 6 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
1717 7 Sec. 3-3-2. Powers and duties.
1818 8 (a) The Parole and Pardon Board is abolished and the term
1919 9 "Parole and Pardon Board" as used in any law of Illinois, shall
2020 10 read "Prisoner Review Board." After February 1, 1978 (the
2121 11 effective date of Public Act 81-1099), the Prisoner Review
2222 12 Board shall provide by rule for the orderly transition of all
2323 13 files, records, and documents of the Parole and Pardon Board
2424 14 and for such other steps as may be necessary to effect an
2525 15 orderly transition and shall:
2626 16 (1) hear by at least one member and through a panel of
2727 17 at least 3 members decide, cases of prisoners who were
2828 18 sentenced under the law in effect prior to February 1,
2929 19 1978 (the effective date of Public Act 81-1099), and who
3030 20 are eligible for parole;
3131 21 (2) hear by at least one member and through a panel of
3232 22 at least 3 members decide, the conditions of parole and
3333 23 the time of discharge from parole, impose sanctions for
3434
3535
3636
3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0296 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
3838 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
3939 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
4040 Amends the Unified Code of Corrections. Provides that the annual report of the Prisoner Review Board transmitted to the Director of Corrections shall list how many C-Number Cases and Good Conduct Requests are considered, granted, and denied by the Board, disaggregated by offense, including, but not limited to, murder and offenses involving sexual conduct or sexual penetration, and indicate if the victims were under 18 years of age or members of law enforcement.
4141 LRB104 04085 RLC 14109 b LRB104 04085 RLC 14109 b
4242 LRB104 04085 RLC 14109 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
5050
5151
5252
5353 LRB104 04085 RLC 14109 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 SB0296 LRB104 04085 RLC 14109 b
6464
6565
6666 SB0296- 2 -LRB104 04085 RLC 14109 b SB0296 - 2 - LRB104 04085 RLC 14109 b
6767 SB0296 - 2 - LRB104 04085 RLC 14109 b
6868 1 violations of parole, and revoke parole for those
6969 2 sentenced under the law in effect prior to February 1,
7070 3 1978 (the effective date of Public Act 81-1099); provided
7171 4 that the decision to parole and the conditions of parole
7272 5 for all prisoners who were sentenced for first degree
7373 6 murder or who received a minimum sentence of 20 years or
7474 7 more under the law in effect prior to February 1, 1978
7575 8 shall be determined by a majority vote of the Prisoner
7676 9 Review Board. One representative supporting parole and one
7777 10 representative opposing parole will be allowed to speak.
7878 11 Their comments shall be limited to making corrections and
7979 12 filling in omissions to the Board's presentation and
8080 13 discussion;
8181 14 (3) hear by at least one member and through a panel of
8282 15 at least 3 members decide, the conditions of mandatory
8383 16 supervised release and the time of discharge from
8484 17 mandatory supervised release, impose sanctions for
8585 18 violations of mandatory supervised release, and revoke
8686 19 mandatory supervised release for those sentenced under the
8787 20 law in effect after February 1, 1978 (the effective date
8888 21 of Public Act 81-1099);
8989 22 (3.5) hear by at least one member and through a panel
9090 23 of at least 3 members decide, the conditions of mandatory
9191 24 supervised release and the time of discharge from
9292 25 mandatory supervised release, to impose sanctions for
9393 26 violations of mandatory supervised release and revoke
9494
9595
9696
9797
9898
9999 SB0296 - 2 - LRB104 04085 RLC 14109 b
100100
101101
102102 SB0296- 3 -LRB104 04085 RLC 14109 b SB0296 - 3 - LRB104 04085 RLC 14109 b
103103 SB0296 - 3 - LRB104 04085 RLC 14109 b
104104 1 mandatory supervised release for those serving extended
105105 2 supervised release terms pursuant to paragraph (4) of
106106 3 subsection (d) of Section 5-8-1;
107107 4 (3.6) hear by at least one member and through a panel
108108 5 of at least 3 members decide whether to revoke aftercare
109109 6 release for those committed to the Department of Juvenile
110110 7 Justice under the Juvenile Court Act of 1987;
111111 8 (4) hear by at least one member and through a panel of
112112 9 at least 3 members, decide cases brought by the Department
113113 10 of Corrections against a prisoner in the custody of the
114114 11 Department for alleged violation of Department rules with
115115 12 respect to sentence credits under Section 3-6-3 of this
116116 13 Code in which the Department seeks to revoke sentence
117117 14 credits, if the amount of time at issue exceeds 30 days or
118118 15 when, during any 12-month period, the cumulative amount of
119119 16 credit revoked exceeds 30 days except where the infraction
120120 17 is committed or discovered within 60 days of scheduled
121121 18 release. In such cases, the Department of Corrections may
122122 19 revoke up to 30 days of sentence credit. The Board may
123123 20 subsequently approve the revocation of additional sentence
124124 21 credit, if the Department seeks to revoke sentence credit
125125 22 in excess of 30 days. However, the Board shall not be
126126 23 empowered to review the Department's decision with respect
127127 24 to the loss of 30 days of sentence credit for any prisoner
128128 25 or to increase any penalty beyond the length requested by
129129 26 the Department;
130130
131131
132132
133133
134134
135135 SB0296 - 3 - LRB104 04085 RLC 14109 b
136136
137137
138138 SB0296- 4 -LRB104 04085 RLC 14109 b SB0296 - 4 - LRB104 04085 RLC 14109 b
139139 SB0296 - 4 - LRB104 04085 RLC 14109 b
140140 1 (5) hear by at least one member and through a panel of
141141 2 at least 3 members decide, the release dates for certain
142142 3 prisoners sentenced under the law in existence prior to
143143 4 February 1, 1978 (the effective date of Public Act
144144 5 81-1099), in accordance with Section 3-3-2.1 of this Code;
145145 6 (6) hear by at least one member and through a panel of
146146 7 at least 3 members decide, all requests for pardon,
147147 8 reprieve or commutation, and make confidential
148148 9 recommendations to the Governor;
149149 10 (6.5) hear by at least one member who is qualified in
150150 11 the field of juvenile matters and through a panel of at
151151 12 least 3 members, 2 of whom are qualified in the field of
152152 13 juvenile matters, decide parole review cases in accordance
153153 14 with Section 5-4.5-115 of this Code and make release
154154 15 determinations of persons under the age of 21 at the time
155155 16 of the commission of an offense or offenses, other than
156156 17 those persons serving sentences for first degree murder or
157157 18 aggravated criminal sexual assault;
158158 19 (6.6) hear by at least a quorum of the Prisoner Review
159159 20 Board and decide by a majority of members present at the
160160 21 hearing, in accordance with Section 5-4.5-115 of this
161161 22 Code, release determinations of persons under the age of
162162 23 21 at the time of the commission of an offense or offenses
163163 24 of those persons serving sentences for first degree murder
164164 25 or aggravated criminal sexual assault;
165165 26 (7) comply with the requirements of the Open Parole
166166
167167
168168
169169
170170
171171 SB0296 - 4 - LRB104 04085 RLC 14109 b
172172
173173
174174 SB0296- 5 -LRB104 04085 RLC 14109 b SB0296 - 5 - LRB104 04085 RLC 14109 b
175175 SB0296 - 5 - LRB104 04085 RLC 14109 b
176176 1 Hearings Act;
177177 2 (8) hear by at least one member and, through a panel of
178178 3 at least 3 members, decide cases brought by the Department
179179 4 of Corrections against a prisoner in the custody of the
180180 5 Department for court dismissal of a frivolous lawsuit
181181 6 pursuant to Section 3-6-3(d) of this Code in which the
182182 7 Department seeks to revoke up to 180 days of sentence
183183 8 credit, and if the prisoner has not accumulated 180 days
184184 9 of sentence credit at the time of the dismissal, then all
185185 10 sentence credit accumulated by the prisoner shall be
186186 11 revoked;
187187 12 (9) hear by at least 3 members, and, through a panel of
188188 13 at least 3 members, decide whether to grant certificates
189189 14 of relief from disabilities or certificates of good
190190 15 conduct as provided in Article 5.5 of Chapter V;
191191 16 (10) upon a petition by a person who has been
192192 17 convicted of a Class 3 or Class 4 felony and who meets the
193193 18 requirements of this paragraph, hear by at least 3 members
194194 19 and, with the unanimous vote of a panel of 3 members, issue
195195 20 a certificate of eligibility for sealing recommending that
196196 21 the court order the sealing of all official records of the
197197 22 arresting authority, the circuit court clerk, and the
198198 23 Illinois State Police concerning the arrest and conviction
199199 24 for the Class 3 or 4 felony. A person may not apply to the
200200 25 Board for a certificate of eligibility for sealing:
201201 26 (A) until 5 years have elapsed since the
202202
203203
204204
205205
206206
207207 SB0296 - 5 - LRB104 04085 RLC 14109 b
208208
209209
210210 SB0296- 6 -LRB104 04085 RLC 14109 b SB0296 - 6 - LRB104 04085 RLC 14109 b
211211 SB0296 - 6 - LRB104 04085 RLC 14109 b
212212 1 expiration of his or her sentence;
213213 2 (B) until 5 years have elapsed since any arrests
214214 3 or detentions by a law enforcement officer for an
215215 4 alleged violation of law, other than a petty offense,
216216 5 traffic offense, conservation offense, or local
217217 6 ordinance offense;
218218 7 (C) if convicted of a violation of the Cannabis
219219 8 Control Act, Illinois Controlled Substances Act, the
220220 9 Methamphetamine Control and Community Protection Act,
221221 10 the Methamphetamine Precursor Control Act, or the
222222 11 Methamphetamine Precursor Tracking Act unless the
223223 12 petitioner has completed a drug abuse program for the
224224 13 offense on which sealing is sought and provides proof
225225 14 that he or she has completed the program successfully;
226226 15 (D) if convicted of:
227227 16 (i) a sex offense described in Article 11 or
228228 17 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
229229 18 the Criminal Code of 1961 or the Criminal Code of
230230 19 2012;
231231 20 (ii) aggravated assault;
232232 21 (iii) aggravated battery;
233233 22 (iv) domestic battery;
234234 23 (v) aggravated domestic battery;
235235 24 (vi) violation of an order of protection;
236236 25 (vii) an offense under the Criminal Code of
237237 26 1961 or the Criminal Code of 2012 involving a
238238
239239
240240
241241
242242
243243 SB0296 - 6 - LRB104 04085 RLC 14109 b
244244
245245
246246 SB0296- 7 -LRB104 04085 RLC 14109 b SB0296 - 7 - LRB104 04085 RLC 14109 b
247247 SB0296 - 7 - LRB104 04085 RLC 14109 b
248248 1 firearm;
249249 2 (viii) driving while under the influence of
250250 3 alcohol, other drug or drugs, intoxicating
251251 4 compound or compounds, or any combination thereof;
252252 5 (ix) aggravated driving while under the
253253 6 influence of alcohol, other drug or drugs,
254254 7 intoxicating compound or compounds, or any
255255 8 combination thereof; or
256256 9 (x) any crime defined as a crime of violence
257257 10 under Section 2 of the Crime Victims Compensation
258258 11 Act.
259259 12 If a person has applied to the Board for a certificate
260260 13 of eligibility for sealing and the Board denies the
261261 14 certificate, the person must wait at least 4 years before
262262 15 filing again or filing for pardon from the Governor unless
263263 16 the Chairman of the Prisoner Review Board grants a waiver.
264264 17 The decision to issue or refrain from issuing a
265265 18 certificate of eligibility for sealing shall be at the
266266 19 Board's sole discretion, and shall not give rise to any
267267 20 cause of action against either the Board or its members.
268268 21 The Board may only authorize the sealing of Class 3
269269 22 and 4 felony convictions of the petitioner from one
270270 23 information or indictment under this paragraph (10). A
271271 24 petitioner may only receive one certificate of eligibility
272272 25 for sealing under this provision for life; and
273273 26 (11) upon a petition by a person who after having been
274274
275275
276276
277277
278278
279279 SB0296 - 7 - LRB104 04085 RLC 14109 b
280280
281281
282282 SB0296- 8 -LRB104 04085 RLC 14109 b SB0296 - 8 - LRB104 04085 RLC 14109 b
283283 SB0296 - 8 - LRB104 04085 RLC 14109 b
284284 1 convicted of a Class 3 or Class 4 felony thereafter served
285285 2 in the United States Armed Forces or National Guard of
286286 3 this or any other state and had received an honorable
287287 4 discharge from the United States Armed Forces or National
288288 5 Guard or who at the time of filing the petition is enlisted
289289 6 in the United States Armed Forces or National Guard of
290290 7 this or any other state and served one tour of duty and who
291291 8 meets the requirements of this paragraph, hear by at least
292292 9 3 members and, with the unanimous vote of a panel of 3
293293 10 members, issue a certificate of eligibility for
294294 11 expungement recommending that the court order the
295295 12 expungement of all official records of the arresting
296296 13 authority, the circuit court clerk, and the Illinois State
297297 14 Police concerning the arrest and conviction for the Class
298298 15 3 or 4 felony. A person may not apply to the Board for a
299299 16 certificate of eligibility for expungement:
300300 17 (A) if convicted of:
301301 18 (i) a sex offense described in Article 11 or
302302 19 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
303303 20 the Criminal Code of 1961 or Criminal Code of
304304 21 2012;
305305 22 (ii) an offense under the Criminal Code of
306306 23 1961 or Criminal Code of 2012 involving a firearm;
307307 24 or
308308 25 (iii) a crime of violence as defined in
309309 26 Section 2 of the Crime Victims Compensation Act;
310310
311311
312312
313313
314314
315315 SB0296 - 8 - LRB104 04085 RLC 14109 b
316316
317317
318318 SB0296- 9 -LRB104 04085 RLC 14109 b SB0296 - 9 - LRB104 04085 RLC 14109 b
319319 SB0296 - 9 - LRB104 04085 RLC 14109 b
320320 1 or
321321 2 (B) if the person has not served in the United
322322 3 States Armed Forces or National Guard of this or any
323323 4 other state or has not received an honorable discharge
324324 5 from the United States Armed Forces or National Guard
325325 6 of this or any other state or who at the time of the
326326 7 filing of the petition is serving in the United States
327327 8 Armed Forces or National Guard of this or any other
328328 9 state and has not completed one tour of duty.
329329 10 If a person has applied to the Board for a certificate
330330 11 of eligibility for expungement and the Board denies the
331331 12 certificate, the person must wait at least 4 years before
332332 13 filing again or filing for a pardon with authorization for
333333 14 expungement from the Governor unless the Governor or
334334 15 Chairman of the Prisoner Review Board grants a waiver.
335335 16 (a-5) The Prisoner Review Board, with the cooperation of
336336 17 and in coordination with the Department of Corrections and the
337337 18 Department of Central Management Services, shall implement a
338338 19 pilot project in 3 correctional institutions providing for the
339339 20 conduct of hearings under paragraphs (1) and (4) of subsection
340340 21 (a) of this Section through interactive video conferences. The
341341 22 project shall be implemented within 6 months after January 1,
342342 23 1997 (the effective date of Public Act 89-490). Within 6
343343 24 months after the implementation of the pilot project, the
344344 25 Prisoner Review Board, with the cooperation of and in
345345 26 coordination with the Department of Corrections and the
346346
347347
348348
349349
350350
351351 SB0296 - 9 - LRB104 04085 RLC 14109 b
352352
353353
354354 SB0296- 10 -LRB104 04085 RLC 14109 b SB0296 - 10 - LRB104 04085 RLC 14109 b
355355 SB0296 - 10 - LRB104 04085 RLC 14109 b
356356 1 Department of Central Management Services, shall report to the
357357 2 Governor and the General Assembly regarding the use, costs,
358358 3 effectiveness, and future viability of interactive video
359359 4 conferences for Prisoner Review Board hearings.
360360 5 (b) Upon recommendation of the Department the Board may
361361 6 restore sentence credit previously revoked.
362362 7 (c) The Board shall cooperate with the Department in
363363 8 promoting an effective system of parole and mandatory
364364 9 supervised release.
365365 10 (d) The Board shall promulgate rules for the conduct of
366366 11 its work, and the Chairman shall file a copy of such rules and
367367 12 any amendments thereto with the Director and with the
368368 13 Secretary of State.
369369 14 (e) The Board shall keep records of all of its official
370370 15 actions and shall make them accessible in accordance with law
371371 16 and the rules of the Board.
372372 17 (f) The Board or one who has allegedly violated the
373373 18 conditions of his or her parole, aftercare release, or
374374 19 mandatory supervised release may require by subpoena the
375375 20 attendance and testimony of witnesses and the production of
376376 21 documentary evidence relating to any matter under
377377 22 investigation or hearing. The Chairman of the Board may sign
378378 23 subpoenas which shall be served by any agent or public
379379 24 official authorized by the Chairman of the Board, or by any
380380 25 person lawfully authorized to serve a subpoena under the laws
381381 26 of the State of Illinois. The attendance of witnesses, and the
382382
383383
384384
385385
386386
387387 SB0296 - 10 - LRB104 04085 RLC 14109 b
388388
389389
390390 SB0296- 11 -LRB104 04085 RLC 14109 b SB0296 - 11 - LRB104 04085 RLC 14109 b
391391 SB0296 - 11 - LRB104 04085 RLC 14109 b
392392 1 production of documentary evidence, may be required from any
393393 2 place in the State to a hearing location in the State before
394394 3 the Chairman of the Board or his or her designated agent or
395395 4 agents or any duly constituted Committee or Subcommittee of
396396 5 the Board. Witnesses so summoned shall be paid the same fees
397397 6 and mileage that are paid witnesses in the circuit courts of
398398 7 the State, and witnesses whose depositions are taken and the
399399 8 persons taking those depositions are each entitled to the same
400400 9 fees as are paid for like services in actions in the circuit
401401 10 courts of the State. Fees and mileage shall be vouchered for
402402 11 payment when the witness is discharged from further
403403 12 attendance.
404404 13 In case of disobedience to a subpoena, the Board may
405405 14 petition any circuit court of the State for an order requiring
406406 15 the attendance and testimony of witnesses or the production of
407407 16 documentary evidence or both. A copy of such petition shall be
408408 17 served by personal service or by registered or certified mail
409409 18 upon the person who has failed to obey the subpoena, and such
410410 19 person shall be advised in writing that a hearing upon the
411411 20 petition will be requested in a court room to be designated in
412412 21 such notice before the judge hearing motions or extraordinary
413413 22 remedies at a specified time, on a specified date, not less
414414 23 than 10 nor more than 15 days after the deposit of the copy of
415415 24 the written notice and petition in the U.S. mail addressed to
416416 25 the person at his or her last known address or after the
417417 26 personal service of the copy of the notice and petition upon
418418
419419
420420
421421
422422
423423 SB0296 - 11 - LRB104 04085 RLC 14109 b
424424
425425
426426 SB0296- 12 -LRB104 04085 RLC 14109 b SB0296 - 12 - LRB104 04085 RLC 14109 b
427427 SB0296 - 12 - LRB104 04085 RLC 14109 b
428428 1 such person. The court upon the filing of such a petition, may
429429 2 order the person refusing to obey the subpoena to appear at an
430430 3 investigation or hearing, or to there produce documentary
431431 4 evidence, if so ordered, or to give evidence relative to the
432432 5 subject matter of that investigation or hearing. Any failure
433433 6 to obey such order of the circuit court may be punished by that
434434 7 court as a contempt of court.
435435 8 Each member of the Board and any hearing officer
436436 9 designated by the Board shall have the power to administer
437437 10 oaths and to take the testimony of persons under oath.
438438 11 (g) Except under subsection (a) of this Section, a
439439 12 majority of the members then appointed to the Prisoner Review
440440 13 Board shall constitute a quorum for the transaction of all
441441 14 business of the Board.
442442 15 (h) The Prisoner Review Board shall annually transmit to
443443 16 the Director a detailed report of its work for the preceding
444444 17 calendar year. The report shall list how many C-Number Cases
445445 18 and Good Conduct Requests are considered, granted, and denied
446446 19 by the Board, disaggregated by offense, including, but not
447447 20 limited to, murder and offenses involving sexual conduct or
448448 21 sexual penetration, and indicate if the victims were under 18
449449 22 years of age or members of law enforcement. The annual report
450450 23 shall also be transmitted to the Governor for submission to
451451 24 the Legislature and shall be published on the Board's website
452452 25 no later than March 1 of each year.
453453 26 (Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
454454
455455
456456
457457
458458
459459 SB0296 - 12 - LRB104 04085 RLC 14109 b
460460
461461
462462 SB0296- 13 -LRB104 04085 RLC 14109 b SB0296 - 13 - LRB104 04085 RLC 14109 b
463463 SB0296 - 13 - LRB104 04085 RLC 14109 b
464464
465465
466466
467467
468468
469469 SB0296 - 13 - LRB104 04085 RLC 14109 b