Bill Amendment: IL HB1064 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: CRIMINAL LAW-TECH

Status: 2023-01-10 - Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter [HB1064 Detail]

Download: Illinois-2021-HB1064-House_Amendment_001.html

---

Rep. Rita Mayfield

Filed: 4/19/2021

10200HB1064ham001 LRB102 03077 KMF 25202 a
AMENDMENT TO HOUSE BILL 1064
AMENDMENT NO. ______. Amend House Bill 1064 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Section 5-4.5-115 as follows:
(730 ILCS 5/5-4.5-115)
Sec. 5-4.5-115. Parole review of persons under the age of
21 at the time of the commission of an offense.
(a) For purposes of this Section, "victim" means a victim
of a violent crime as defined in subsection (a) of Section 3 of
the Rights of Crime Victims and Witnesses Act including a
witness as defined in subsection (b) of Section 3 of the Rights
of Crime Victims and Witnesses Act; any person legally related
to the victim by blood, marriage, adoption, or guardianship;
any friend of the victim; or any concerned citizen.
(b) A person under 21 years of age at the time of the

10200HB1064ham001 - 2 - LRB102 03077 KMF 25202 a
commission of an offense or offenses, other than first degree
murder, and who is not serving a sentence for first degree
murder and who is sentenced on or after June 1, 2019 (the
effective date of Public Act 100-1182) shall be eligible for
parole review by the Prisoner Review Board after serving 10
years or more of his or her sentence or sentences, except for
those serving a sentence or sentences for: (1) aggravated
criminal sexual assault who shall be eligible for parole
review by the Prisoner Review Board after serving 20 years or
more of his or her sentence or sentences or (2) predatory
criminal sexual assault of a child who shall not be eligible
for parole review by the Prisoner Review Board under this
Section. A person under 21 years of age at the time of the
commission of first degree murder who is sentenced on or after
June 1, 2019 (the effective date of Public Act 100-1182) shall
be eligible for parole review by the Prisoner Review Board
after serving 20 years or more of his or her sentence or
sentences, except for those subject to a term of natural life
imprisonment under Section 5-8-1 of this Code or any person
subject to sentencing under subsection (c) of Section
5-4.5-105 of this Code, who shall be eligible for parole
review by the Prisoner Review Board after serving 40 years or
more of his or her sentence or sentences.
(c) Three years prior to becoming eligible for parole
review, the eligible person may file his or her petition for
parole review with the Prisoner Review Board. The petition

10200HB1064ham001 - 3 - LRB102 03077 KMF 25202 a
shall include a copy of the order of commitment and sentence to
the Department of Corrections for the offense or offenses for
which review is sought. Within 30 days of receipt of this
petition, the Prisoner Review Board shall determine whether
the petition is appropriately filed, and if so, shall set a
date for parole review 3 years from receipt of the petition and
notify the Department of Corrections within 10 business days.
If the Prisoner Review Board determines that the petition is
not appropriately filed, it shall notify the petitioner in
writing, including a basis for its determination.
(d) Within 6 months of the Prisoner Review Board's
determination that the petition was appropriately filed, a
representative from the Department of Corrections shall meet
with the eligible person and provide the inmate information
about the parole hearing process and personalized
recommendations for the inmate regarding his or her work
assignments, rehabilitative programs, and institutional
behavior. Following this meeting, the eligible person has 7
calendar days to file a written request to the representative
from the Department of Corrections who met with the eligible
person of any additional programs and services which the
eligible person believes should be made available to prepare
the eligible person for return to the community.
(e) One year prior to the person being eligible for
parole, counsel shall be appointed by the Prisoner Review
Board upon a finding of indigency. The eligible person may

10200HB1064ham001 - 4 - LRB102 03077 KMF 25202 a
waive appointed counsel or retain his or her own counsel at his
or her own expense.
(f) Nine months prior to the hearing, the Prisoner Review
Board shall provide the eligible person, and his or her
counsel, any written documents or materials it will be
considering in making its decision unless the written
documents or materials are specifically found to: (1) include
information which, if disclosed, would damage the therapeutic
relationship between the inmate and a mental health
professional; (2) subject any person to the actual risk of
physical harm; (3) threaten the safety or security of the
Department or an institution. In accordance with Section
4.5(d)(4) of the Rights of Crime Victims and Witnesses Act and
Section 10 of the Open Parole Hearings Act, victim statements
provided to the Board shall be confidential and privileged,
including any statements received prior to the effective date
of this amendatory Act of the 101st General Assembly, except
if the statement was an oral statement made by the victim at a
hearing open to the public. Victim statements shall not be
considered public documents under the provisions of the
Freedom of Information Act. The inmate or his or her attorney
shall not be given a copy of the statement, but shall be
informed of the existence of a victim statement and the
position taken by the victim on the inmate's request for
parole. This shall not be construed to permit disclosure to an
inmate of any information which might result in the risk of

10200HB1064ham001 - 5 - LRB102 03077 KMF 25202 a
threats or physical harm to a victim. The Prisoner Review
Board shall have an ongoing duty to provide the eligible
person, and his or her counsel, with any further documents or
materials that come into its possession prior to the hearing
subject to the limitations contained in this subsection.
(g) Not less than 12 months prior to the hearing, the
Prisoner Review Board shall provide notification to the
State's Attorney of the county from which the person was
committed and written notification to the victim or family of
the victim of the scheduled hearing place, date, and
approximate time. The written notification shall contain: (1)
information about their right to be present, appear in person
at the parole hearing, and their right to make an oral
statement and submit information in writing, by videotape,
tape recording, or other electronic means; (2) a toll-free
number to call for further information about the parole review
process; and (3) information regarding available resources,
including trauma-informed therapy, they may access. If the
Board does not have knowledge of the current address of the
victim or family of the victim, it shall notify the State's
Attorney of the county of commitment and request assistance in
locating the victim or family of the victim. Those victims or
family of the victims who advise the Board in writing that they
no longer wish to be notified shall not receive future
notices. A victim shall have the right to submit information
by videotape, tape recording, or other electronic means. The

10200HB1064ham001 - 6 - LRB102 03077 KMF 25202 a
victim may submit this material prior to or at the parole
hearing. The victim also has the right to be heard at the
parole hearing.
(h) The hearing conducted by the Prisoner Review Board
shall be governed by Sections 15 and 20, subsection (f) of
Section 5, subsections (a), (a-5), (b), (b-5), and (c) of
Section 10, and subsection (d) of Section 25 of the Open Parole
Hearings Act and Part 1610 of Title 20 of the Illinois
Administrative Code. The eligible person has a right to be
present at the Prisoner Review Board hearing, unless the
Prisoner Review Board determines the eligible person's
presence is unduly burdensome when conducting a hearing under
paragraph (6.6) of subsection (a) of Section 3-3-2 of this
Code. If a psychological evaluation is submitted for the
Prisoner Review Board's consideration, it shall be prepared by
a person who has expertise in adolescent brain development and
behavior, and shall take into consideration the diminished
culpability of youthful offenders, the hallmark features of
youth, and any subsequent growth and increased maturity of the
person. At the hearing, the eligible person shall have the
right to make a statement on his or her own behalf.
(i) Only upon motion for good cause shall the date for the
Prisoner Review Board hearing, as set by subsection (b) of
this Section, be changed. No less than 15 days prior to the
hearing, the Prisoner Review Board shall notify the victim or
victim representative, the attorney, and the eligible person

10200HB1064ham001 - 7 - LRB102 03077 KMF 25202 a
of the exact date and time of the hearing. All hearings shall
be open to the public.
(j) The Prisoner Review Board shall not parole the
eligible person if it determines that:
(1) there is a substantial risk that the eligible
person will not conform to reasonable conditions of parole
or aftercare release; or
(2) the eligible person's release at that time would
deprecate the seriousness of his or her offense or promote
disrespect for the law; or
(3) the eligible person's release would have a
substantially adverse effect on institutional discipline.
In considering the factors affecting the release
determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
Review Board panel shall consider the diminished culpability
of youthful offenders, the hallmark features of youth, and any
subsequent growth and maturity of the youthful offender during
incarceration.
(k) Unless denied parole under subsection (j) of this
Section and subject to the provisions of Section 3-3-9 of this
Code: (1) the eligible person serving a sentence for any
non-first degree murder offense or offenses, shall be released
on parole which shall operate to discharge any remaining term
of years sentence imposed upon him or her, notwithstanding any
required mandatory supervised release period the eligible
person is required to serve; and (2) the eligible person

10200HB1064ham001 - 8 - LRB102 03077 KMF 25202 a
serving a sentence for any first degree murder offense, shall
be released on mandatory supervised release for a period of 10
years subject to Section 3-3-8, which shall operate to
discharge any remaining term of years sentence imposed upon
him or her, however in no event shall the eligible person serve
a period of mandatory supervised release greater than the
aggregate of the discharged underlying sentence and the
mandatory supervised release period as sent forth in Section
5-4.5-20.
(l) If the Prisoner Review Board denies parole after
conducting the hearing under subsection (j) of this Section,
it shall issue a written decision which states the rationale
for denial, including the primary factors considered. This
decision shall be provided to the eligible person and his or
her counsel within 30 days.
(m) A person denied parole under subsection (j) of this
Section, who is not serving a sentence for either first degree
murder or aggravated criminal sexual assault, shall be
eligible for a second parole review by the Prisoner Review
Board 5 years after the written decision under subsection (l)
of this Section; a person denied parole under subsection (j)
of this Section, who is serving a sentence or sentences for
first degree murder or aggravated criminal sexual assault
shall be eligible for a second and final parole review by the
Prisoner Review Board 10 years after the written decision
under subsection (k) of this Section. The procedures for a

10200HB1064ham001 - 9 - LRB102 03077 KMF 25202 a
second parole review shall be governed by subsections (c)
through (k) of this Section.
(n) A person denied parole under subsection (m) of this
Section, who is not serving a sentence for either first degree
murder or aggravated criminal sexual assault, shall be
eligible for a third and final parole review by the Prisoner
Review Board 5 years after the written decision under
subsection (l) of this Section. The procedures for the third
and final parole review shall be governed by subsections (c)
through (k) of this Section.
(o) Notwithstanding anything else to the contrary in this
Section, nothing in this Section shall be construed to delay
parole or mandatory supervised release consideration for
petitioners who are or will be eligible for release earlier
than this Section provides. Nothing in this Section shall be
construed as a limit, substitution, or bar on a person's right
to sentencing relief, or any other manner of relief, obtained
by order of a court in proceedings other than as provided in
this Section.
(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)".