Bill Amendment: IL HB2515 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PAROLE-OFFENSE UNDER 21
Status: 2019-01-08 - Session Sine Die [HB2515 Detail]
Download: Illinois-2017-HB2515-House_Amendment_005.html
Bill Title: PAROLE-OFFENSE UNDER 21
Status: 2019-01-08 - Session Sine Die [HB2515 Detail]
Download: Illinois-2017-HB2515-House_Amendment_005.html
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1 | AMENDMENT TO HOUSE BILL 2515
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2 | AMENDMENT NO. ______. Amend House Bill 2515, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Freedom of Information Act is amended by | ||||||
6 | changing Section 7.5 as follows:
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7 | (5 ILCS 140/7.5) | ||||||
8 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
9 | by the statutes referenced below, the following shall be exempt | ||||||
10 | from inspection and copying: | ||||||
11 | (a) All information determined to be confidential | ||||||
12 | under Section 4002 of the Technology Advancement and | ||||||
13 | Development Act. | ||||||
14 | (b) Library circulation and order records identifying | ||||||
15 | library users with specific materials under the Library | ||||||
16 | Records Confidentiality Act. |
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1 | (c) Applications, related documents, and medical | ||||||
2 | records received by the Experimental Organ Transplantation | ||||||
3 | Procedures Board and any and all documents or other records | ||||||
4 | prepared by the Experimental Organ Transplantation | ||||||
5 | Procedures Board or its staff relating to applications it | ||||||
6 | has received. | ||||||
7 | (d) Information and records held by the Department of | ||||||
8 | Public Health and its authorized representatives relating | ||||||
9 | to known or suspected cases of sexually transmissible | ||||||
10 | disease or any information the disclosure of which is | ||||||
11 | restricted under the Illinois Sexually Transmissible | ||||||
12 | Disease Control Act. | ||||||
13 | (e) Information the disclosure of which is exempted | ||||||
14 | under Section 30 of the Radon Industry Licensing Act. | ||||||
15 | (f) Firm performance evaluations under Section 55 of | ||||||
16 | the Architectural, Engineering, and Land Surveying | ||||||
17 | Qualifications Based Selection Act. | ||||||
18 | (g) Information the disclosure of which is restricted | ||||||
19 | and exempted under Section 50 of the Illinois Prepaid | ||||||
20 | Tuition Act. | ||||||
21 | (h) Information the disclosure of which is exempted | ||||||
22 | under the State Officials and Employees Ethics Act, and | ||||||
23 | records of any lawfully created State or local inspector | ||||||
24 | general's office that would be exempt if created or | ||||||
25 | obtained by an Executive Inspector General's office under | ||||||
26 | that Act. |
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1 | (i) Information contained in a local emergency energy | ||||||
2 | plan submitted to a municipality in accordance with a local | ||||||
3 | emergency energy plan ordinance that is adopted under | ||||||
4 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
5 | (j) Information and data concerning the distribution | ||||||
6 | of surcharge moneys collected and remitted by wireless | ||||||
7 | carriers under the Wireless Emergency Telephone Safety | ||||||
8 | Act. | ||||||
9 | (k) Law enforcement officer identification information | ||||||
10 | or driver identification information compiled by a law | ||||||
11 | enforcement agency or the Department of Transportation | ||||||
12 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
13 | (l) Records and information provided to a residential | ||||||
14 | health care facility resident sexual assault and death | ||||||
15 | review team or the Executive Council under the Abuse | ||||||
16 | Prevention Review Team Act. | ||||||
17 | (m) Information provided to the predatory lending | ||||||
18 | database created pursuant to Article 3 of the Residential | ||||||
19 | Real Property Disclosure Act, except to the extent | ||||||
20 | authorized under that Article. | ||||||
21 | (n) Defense budgets and petitions for certification of | ||||||
22 | compensation and expenses for court appointed trial | ||||||
23 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
24 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
25 | until the conclusion of the trial of the case, even if the | ||||||
26 | prosecution chooses not to pursue the death penalty prior |
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1 | to trial or sentencing. | ||||||
2 | (o) Information that is prohibited from being | ||||||
3 | disclosed under Section 4 of the Illinois Health and | ||||||
4 | Hazardous Substances Registry Act. | ||||||
5 | (p) Security portions of system safety program plans, | ||||||
6 | investigation reports, surveys, schedules, lists, data, or | ||||||
7 | information compiled, collected, or prepared by or for the | ||||||
8 | Regional Transportation Authority under Section 2.11 of | ||||||
9 | the Regional Transportation Authority Act or the St. Clair | ||||||
10 | County Transit District under the Bi-State Transit Safety | ||||||
11 | Act. | ||||||
12 | (q) Information prohibited from being disclosed by the | ||||||
13 | Personnel Records Review Act. | ||||||
14 | (r) Information prohibited from being disclosed by the | ||||||
15 | Illinois School Student Records Act. | ||||||
16 | (s) Information the disclosure of which is restricted | ||||||
17 | under Section 5-108 of the Public Utilities Act.
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18 | (t) All identified or deidentified health information | ||||||
19 | in the form of health data or medical records contained in, | ||||||
20 | stored in, submitted to, transferred by, or released from | ||||||
21 | the Illinois Health Information Exchange, and identified | ||||||
22 | or deidentified health information in the form of health | ||||||
23 | data and medical records of the Illinois Health Information | ||||||
24 | Exchange in the possession of the Illinois Health | ||||||
25 | Information Exchange Authority due to its administration | ||||||
26 | of the Illinois Health Information Exchange. The terms |
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1 | "identified" and "deidentified" shall be given the same | ||||||
2 | meaning as in the Health Insurance Portability and | ||||||
3 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
4 | subsequent amendments thereto, and any regulations | ||||||
5 | promulgated thereunder. | ||||||
6 | (u) Records and information provided to an independent | ||||||
7 | team of experts under Brian's Law. | ||||||
8 | (v) Names and information of people who have applied | ||||||
9 | for or received Firearm Owner's Identification Cards under | ||||||
10 | the Firearm Owners Identification Card Act or applied for | ||||||
11 | or received a concealed carry license under the Firearm | ||||||
12 | Concealed Carry Act, unless otherwise authorized by the | ||||||
13 | Firearm Concealed Carry Act; and databases under the | ||||||
14 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
15 | Licensing Review Board under the Firearm Concealed Carry | ||||||
16 | Act, and law enforcement agency objections under the | ||||||
17 | Firearm Concealed Carry Act. | ||||||
18 | (w) Personally identifiable information which is | ||||||
19 | exempted from disclosure under subsection (g) of Section | ||||||
20 | 19.1 of the Toll Highway Act. | ||||||
21 | (x) Information which is exempted from disclosure | ||||||
22 | under Section 5-1014.3 of the Counties Code or Section | ||||||
23 | 8-11-21 of the Illinois Municipal Code. | ||||||
24 | (y) Confidential information under the Adult | ||||||
25 | Protective Services Act and its predecessor enabling | ||||||
26 | statute, the Elder Abuse and Neglect Act, including |
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1 | information about the identity and administrative finding | ||||||
2 | against any caregiver of a verified and substantiated | ||||||
3 | decision of abuse, neglect, or financial exploitation of an | ||||||
4 | eligible adult maintained in the Registry established | ||||||
5 | under Section 7.5 of the Adult Protective Services Act. | ||||||
6 | (z) Records and information provided to a fatality | ||||||
7 | review team or the Illinois Fatality Review Team Advisory | ||||||
8 | Council under Section 15 of the Adult Protective Services | ||||||
9 | Act. | ||||||
10 | (aa) Information which is exempted from disclosure | ||||||
11 | under Section 2.37 of the Wildlife Code. | ||||||
12 | (bb) Information which is or was prohibited from | ||||||
13 | disclosure by the Juvenile Court Act of 1987. | ||||||
14 | (cc) Recordings made under the Law Enforcement | ||||||
15 | Officer-Worn Body Camera Act, except to the extent | ||||||
16 | authorized under that Act. | ||||||
17 | (dd) Information that is prohibited from being | ||||||
18 | disclosed under Section 45 of the Condominium and Common | ||||||
19 | Interest Community Ombudsperson Act. | ||||||
20 | (ee) (dd) Information that is exempted from disclosure | ||||||
21 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
22 | (ff) Victim impact statements exempted from disclosure | ||||||
23 | under subsection (f) of Section 5-4.5-110 of the Unified | ||||||
24 | Code of Corrections. | ||||||
25 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
26 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; |
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1 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
2 | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | ||||||
3 | 8-19-16; revised 9-1-16.)
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4 | Section 10. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-3-1, 3-3-2, 3-3-9, 5-4.5-20, 5-4.5-25, | ||||||
6 | 5-4.5-30, and 5-8-1 and by adding Section 5-4.5-110 as follows:
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7 | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
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8 | Sec. 3-3-1. Establishment and appointment of Prisoner | ||||||
9 | Review Board.
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10 | (a) There shall be a Prisoner Review Board independent of | ||||||
11 | the Department
which shall be:
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12 | (1) the paroling authority for persons sentenced under | ||||||
13 | the
law in effect prior to the effective date of this | ||||||
14 | amendatory
Act of 1977;
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15 | (1.2) the paroling authority for persons eligible for | ||||||
16 | parole review under Section 5-4.5-110; | ||||||
17 | (1.5) (blank); | ||||||
18 | (2) the board of review for cases involving the | ||||||
19 | revocation
of sentence credits or a suspension or reduction | ||||||
20 | in the
rate of accumulating the credit;
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21 | (3) the board of review and recommendation for the | ||||||
22 | exercise
of executive clemency by the Governor;
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23 | (4) the authority for establishing release dates for
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24 | certain prisoners sentenced under the law in existence |
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1 | prior
to the effective date of this amendatory Act of 1977, | ||||||
2 | in
accordance with Section 3-3-2.1 of this Code;
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3 | (5) the authority for setting conditions for parole and
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4 | mandatory supervised release under Section 5-8-1(a) of | ||||||
5 | this
Code, and determining whether a violation of those | ||||||
6 | conditions
warrant revocation of parole or mandatory | ||||||
7 | supervised release
or the imposition of other sanctions; | ||||||
8 | and | ||||||
9 | (6) the authority for determining whether a violation | ||||||
10 | of aftercare release conditions warrant revocation of | ||||||
11 | aftercare release.
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12 | (b) The Board shall consist of 15 persons appointed by
the | ||||||
13 | Governor by and with the advice and consent of the Senate.
One | ||||||
14 | member of the Board shall be designated by the Governor
to be | ||||||
15 | Chairman and shall serve as Chairman at the pleasure of
the | ||||||
16 | Governor. The members of the Board shall have had at
least 5 | ||||||
17 | years of actual experience in the fields of penology,
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18 | corrections work, law enforcement, sociology, law, education,
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19 | social work, medicine, psychology, other behavioral sciences,
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20 | or a combination thereof. At least 6 members so appointed
must | ||||||
21 | have had at least 3 years experience in the field of
juvenile | ||||||
22 | matters. No more than 8 Board members may be members
of the | ||||||
23 | same political party.
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24 | Each member of the Board shall serve on a full-time basis
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25 | and shall not hold any other salaried public office, whether | ||||||
26 | elective or
appointive, nor any other office or position of |
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1 | profit, nor engage in any
other business, employment, or | ||||||
2 | vocation. The Chairman of the Board shall
receive $35,000 a | ||||||
3 | year, or an amount set by the Compensation Review Board,
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4 | whichever is greater, and each other member $30,000, or an | ||||||
5 | amount set by the
Compensation Review Board, whichever is | ||||||
6 | greater.
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7 | (c) Notwithstanding any other provision of this Section,
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8 | the term of each member of the Board
who was appointed by the | ||||||
9 | Governor and is in office on June 30, 2003 shall
terminate at | ||||||
10 | the close of business on that date or when all of the successor
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11 | members to be appointed pursuant to this amendatory Act of the | ||||||
12 | 93rd General
Assembly have been appointed by the Governor, | ||||||
13 | whichever occurs later. As soon
as possible, the Governor shall | ||||||
14 | appoint persons to fill the vacancies created
by this | ||||||
15 | amendatory Act.
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16 | Of the initial members appointed under this amendatory Act | ||||||
17 | of the 93rd
General Assembly, the Governor shall appoint 5 | ||||||
18 | members whose terms shall expire
on the third Monday
in January | ||||||
19 | 2005, 5 members whose terms shall expire on the
third Monday in | ||||||
20 | January 2007, and 5 members whose terms
shall expire on the | ||||||
21 | third Monday in January 2009. Their respective successors
shall | ||||||
22 | be appointed for terms of 6 years from the third Monday
in | ||||||
23 | January of the year of appointment. Each member shall
serve | ||||||
24 | until his or her successor is appointed and qualified.
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25 | Any member may be removed by the Governor for incompetence, | ||||||
26 | neglect of duty,
malfeasance or inability to serve.
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1 | (d) The Chairman of the Board shall be its chief executive | ||||||
2 | and
administrative officer. The Board may have an Executive | ||||||
3 | Director; if so,
the Executive Director shall be appointed by | ||||||
4 | the Governor with the advice and
consent of the Senate. The | ||||||
5 | salary and duties of the Executive Director shall
be fixed by | ||||||
6 | the Board.
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7 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
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8 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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9 | Sec. 3-3-2. Powers and duties.
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10 | (a) The Parole and Pardon Board is abolished and the term | ||||||
11 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
12 | read "Prisoner Review
Board." After the effective date of this | ||||||
13 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
14 | by rule for the orderly transition of
all files, records, and | ||||||
15 | documents of the Parole and Pardon Board and for
such other | ||||||
16 | steps as may be necessary to effect an orderly transition and | ||||||
17 | shall:
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18 | (1) hear by at least one member and through a panel of | ||||||
19 | at least 3 members
decide, cases of prisoners
who were | ||||||
20 | sentenced under the law in effect prior to the effective
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21 | date of this amendatory Act of 1977, and who are eligible | ||||||
22 | for parole;
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23 | (2) hear by at least one member and through a panel of | ||||||
24 | at least 3 members decide, the conditions of
parole and the | ||||||
25 | time of discharge from parole, impose sanctions for
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1 | violations of parole, and revoke
parole for those sentenced | ||||||
2 | under the law in effect prior to this amendatory
Act of | ||||||
3 | 1977; provided that the decision to parole and the | ||||||
4 | conditions of
parole for all prisoners who were sentenced | ||||||
5 | for first degree murder or who
received a minimum sentence | ||||||
6 | of 20 years or more under the law in effect
prior to | ||||||
7 | February 1, 1978 shall be determined by a majority vote of | ||||||
8 | the
Prisoner Review Board. One representative supporting | ||||||
9 | parole and one representative opposing parole will be | ||||||
10 | allowed to speak. Their comments shall be limited to making | ||||||
11 | corrections and filling in omissions to the Board's | ||||||
12 | presentation and discussion;
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13 | (3) hear by at least one member and through a panel of | ||||||
14 | at least 3 members decide, the conditions
of mandatory | ||||||
15 | supervised release and the time of discharge from mandatory
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16 | supervised release, impose sanctions for violations of | ||||||
17 | mandatory
supervised release, and revoke mandatory | ||||||
18 | supervised release for those
sentenced under the law in | ||||||
19 | effect after the effective date of this
amendatory Act of | ||||||
20 | 1977;
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21 | (3.5) hear by at least one member and through a panel | ||||||
22 | of at least 3 members decide, the conditions of mandatory | ||||||
23 | supervised release and the time of discharge from mandatory | ||||||
24 | supervised release, to impose sanctions for violations of | ||||||
25 | mandatory supervised release and revoke mandatory | ||||||
26 | supervised release for those serving extended supervised |
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1 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
2 | of Section 5-8-1;
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3 | (3.6) hear by at least one member and through a panel | ||||||
4 | of at least 3 members decide whether to revoke aftercare | ||||||
5 | release for those committed to the Department of Juvenile | ||||||
6 | Justice under the Juvenile Court Act of 1987; | ||||||
7 | (4) hear by at least one member and through a panel of | ||||||
8 | at least 3
members,
decide cases brought by the Department | ||||||
9 | of Corrections against a prisoner in
the custody of the | ||||||
10 | Department for alleged violation of Department rules
with | ||||||
11 | respect to sentence credits under Section 3-6-3 of this | ||||||
12 | Code
in which the Department seeks to revoke sentence | ||||||
13 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
14 | when, during any 12 month period, the
cumulative amount of | ||||||
15 | credit revoked exceeds 30 days except where the
infraction | ||||||
16 | is committed or discovered within 60 days of scheduled | ||||||
17 | release.
In such cases, the Department of Corrections may | ||||||
18 | revoke up to 30 days of
sentence credit. The Board may | ||||||
19 | subsequently approve the revocation of
additional sentence | ||||||
20 | credit, if the Department seeks to revoke sentence credit | ||||||
21 | in excess of thirty days. However, the Board shall not be
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22 | empowered to review the Department's decision with respect | ||||||
23 | to the loss of
30 days of sentence credit for any prisoner | ||||||
24 | or to increase any penalty
beyond the length requested by | ||||||
25 | the Department;
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26 | (5) hear by at least one member and through a panel of |
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1 | at least 3
members decide, the
release dates for certain | ||||||
2 | prisoners sentenced under the law in existence
prior to the | ||||||
3 | effective date of this amendatory Act of 1977, in
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4 | accordance with Section 3-3-2.1 of this Code;
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5 | (6) hear by at least one member and through a panel of | ||||||
6 | at least 3 members
decide, all requests for pardon, | ||||||
7 | reprieve or commutation, and make confidential
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8 | recommendations to the Governor;
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9 | (6.5) hear, by at least one member who is qualified in | ||||||
10 | the field of juvenile matters and through a panel of at | ||||||
11 | least 3 members, 2 of whom are qualified in the field of | ||||||
12 | juvenile matters, decide parole review cases in accordance | ||||||
13 | with Section 5-4.5-110 of this Code and make release | ||||||
14 | determinations of persons under the age of 21 at the time | ||||||
15 | of the commission of an offense or offenses, other than | ||||||
16 | those persons serving sentences for first degree murder or | ||||||
17 | aggravated criminal sexual assault; | ||||||
18 | (6.6) hear by at least a quorum of
the Prisoner Review | ||||||
19 | Board and decide by a majority of members present at the | ||||||
20 | hearing, in accordance with Section 5-4.5-110 of this
Code, | ||||||
21 | release determinations of persons under the age of 21 at | ||||||
22 | the
time of the commission of an offense or offenses of | ||||||
23 | those persons serving
sentences for first degree murder or | ||||||
24 | aggravated criminal sexual assault; | ||||||
25 | (7) comply with the requirements of the Open Parole | ||||||
26 | Hearings Act;
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1 | (8) hear by at least one member and, through a panel of | ||||||
2 | at least 3
members, decide cases brought by the Department | ||||||
3 | of Corrections against a
prisoner in the custody of the | ||||||
4 | Department for court dismissal of a frivolous
lawsuit | ||||||
5 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
6 | Department seeks
to revoke up to 180 days of sentence | ||||||
7 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
8 | sentence credit at the time of the dismissal, then
all | ||||||
9 | sentence credit accumulated by the prisoner shall be | ||||||
10 | revoked;
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11 | (9) hear by at least 3 members, and, through a panel of | ||||||
12 | at least 3
members, decide whether to grant certificates of | ||||||
13 | relief from
disabilities or certificates of good conduct as | ||||||
14 | provided in Article 5.5 of
Chapter V; | ||||||
15 | (10) upon a petition by a person who has been convicted | ||||||
16 | of a Class 3 or Class 4 felony and who meets the | ||||||
17 | requirements of this paragraph, hear by at least 3 members | ||||||
18 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
19 | a certificate of eligibility for sealing recommending that | ||||||
20 | the court order the sealing of all official
records of the | ||||||
21 | arresting authority, the circuit court clerk, and the | ||||||
22 | Department of State Police concerning the arrest and | ||||||
23 | conviction for the Class 3 or 4 felony. A person may not | ||||||
24 | apply to the Board for a certificate of eligibility for | ||||||
25 | sealing: | ||||||
26 | (A) until 5 years have elapsed since the expiration |
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1 | of his or her sentence; | ||||||
2 | (B) until 5 years have elapsed since any arrests or | ||||||
3 | detentions by a law enforcement officer for an alleged | ||||||
4 | violation of law, other than a petty offense, traffic | ||||||
5 | offense, conservation offense, or local ordinance | ||||||
6 | offense; | ||||||
7 | (C) if convicted of a violation of the Cannabis | ||||||
8 | Control Act, Illinois Controlled Substances Act, the | ||||||
9 | Methamphetamine Control and Community Protection Act, | ||||||
10 | the Methamphetamine Precursor Control Act, or the | ||||||
11 | Methamphetamine Precursor Tracking Act unless the | ||||||
12 | petitioner has completed a drug abuse program for the | ||||||
13 | offense on which sealing is sought and provides proof | ||||||
14 | that he or she has completed the program successfully; | ||||||
15 | (D) if convicted of: | ||||||
16 | (i) a sex offense described in Article 11 or | ||||||
17 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
18 | the Criminal Code of 1961 or the Criminal Code of | ||||||
19 | 2012; | ||||||
20 | (ii) aggravated assault; | ||||||
21 | (iii) aggravated battery; | ||||||
22 | (iv) domestic battery; | ||||||
23 | (v) aggravated domestic battery; | ||||||
24 | (vi) violation of an order of protection; | ||||||
25 | (vii) an offense under the Criminal Code of | ||||||
26 | 1961 or the Criminal Code of 2012 involving a |
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1 | firearm; | ||||||
2 | (viii) driving while under the influence of | ||||||
3 | alcohol, other drug or drugs, intoxicating | ||||||
4 | compound or compounds or any combination thereof; | ||||||
5 | (ix) aggravated driving while under the | ||||||
6 | influence of alcohol, other drug or drugs, | ||||||
7 | intoxicating compound or compounds or any | ||||||
8 | combination thereof; or | ||||||
9 | (x) any crime defined as a crime of violence | ||||||
10 | under Section 2 of the Crime Victims Compensation | ||||||
11 | Act. | ||||||
12 | If a person has applied to the Board for a certificate | ||||||
13 | of eligibility for sealing and the Board denies the | ||||||
14 | certificate, the person must wait at least 4 years before | ||||||
15 | filing again or filing for pardon from the Governor unless | ||||||
16 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
17 | The decision to issue or refrain from issuing a | ||||||
18 | certificate of eligibility for sealing shall be at the | ||||||
19 | Board's sole discretion, and shall not give rise to any | ||||||
20 | cause of action against either the Board or its members. | ||||||
21 | The Board may only authorize the sealing of Class 3 and | ||||||
22 | 4 felony convictions of the petitioner from one information | ||||||
23 | or indictment under this paragraph (10). A petitioner may | ||||||
24 | only receive one certificate of eligibility for sealing | ||||||
25 | under this provision for life; and
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26 | (11) upon a petition by a person who after having been |
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1 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
2 | in the United States Armed Forces or National Guard of this | ||||||
3 | or any other state and had received an honorable discharge | ||||||
4 | from the United States Armed Forces or National Guard or | ||||||
5 | who at the time of filing the petition is enlisted in the | ||||||
6 | United States Armed Forces or National Guard of this or any | ||||||
7 | other state and served one tour of duty and who meets the | ||||||
8 | requirements of this paragraph, hear by at least 3 members | ||||||
9 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
10 | a certificate of eligibility for expungement recommending | ||||||
11 | that the court order the expungement of all official
| ||||||
12 | records of the arresting authority, the circuit court | ||||||
13 | clerk, and the Department of State Police concerning the | ||||||
14 | arrest and conviction for the Class 3 or 4 felony. A person | ||||||
15 | may not apply to the Board for a certificate of eligibility | ||||||
16 | for expungement: | ||||||
17 | (A) if convicted of: | ||||||
18 | (i) a sex offense described in Article 11 or | ||||||
19 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
20 | the Criminal Code of 1961 or Criminal Code of 2012; | ||||||
21 | (ii) an offense under the Criminal Code of 1961 | ||||||
22 | or Criminal Code of 2012 involving a firearm; or | ||||||
23 | (iii) a crime of violence as defined in Section | ||||||
24 | 2 of the Crime Victims Compensation Act; or | ||||||
25 | (B) if the person has not served in the United | ||||||
26 | States Armed Forces or National Guard of this or any |
| |||||||
| |||||||
1 | other state or has not received an honorable discharge | ||||||
2 | from the United States Armed Forces or National Guard | ||||||
3 | of this or any other state or who at the time of the | ||||||
4 | filing of the petition is serving in the United States | ||||||
5 | Armed Forces or National Guard of this or any other | ||||||
6 | state and has not completed one tour of duty. | ||||||
7 | If a person has applied to the Board for a certificate | ||||||
8 | of eligibility for expungement and the Board denies the | ||||||
9 | certificate, the person must wait at least 4 years before | ||||||
10 | filing again or filing for a pardon with authorization for | ||||||
11 | expungement from the Governor unless the Governor or | ||||||
12 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
13 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
14 | and in
coordination with the Department of Corrections and the | ||||||
15 | Department of Central
Management Services, shall implement a | ||||||
16 | pilot project in 3 correctional
institutions providing for the | ||||||
17 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
18 | (a) of this Section through interactive video conferences.
The
| ||||||
19 | project shall be implemented within 6 months after the | ||||||
20 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
21 | after the implementation of the pilot
project, the Prisoner | ||||||
22 | Review Board, with the cooperation of and in coordination
with | ||||||
23 | the Department of Corrections and the Department of Central | ||||||
24 | Management
Services, shall report to the Governor and the | ||||||
25 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
26 | future viability of interactive video
conferences for Prisoner |
| |||||||
| |||||||
1 | Review Board hearings.
| ||||||
2 | (b) Upon recommendation of the Department the Board may | ||||||
3 | restore sentence credit previously revoked.
| ||||||
4 | (c) The Board shall cooperate with the Department in | ||||||
5 | promoting an
effective system of parole and mandatory | ||||||
6 | supervised release.
| ||||||
7 | (d) The Board shall promulgate rules for the conduct of its | ||||||
8 | work,
and the Chairman shall file a copy of such rules and any | ||||||
9 | amendments
thereto with the Director and with the Secretary of | ||||||
10 | State.
| ||||||
11 | (e) The Board shall keep records of all of its official | ||||||
12 | actions and
shall make them accessible in accordance with law | ||||||
13 | and the rules of the
Board.
| ||||||
14 | (f) The Board or one who has allegedly violated the | ||||||
15 | conditions of
his or her parole, aftercare release, or | ||||||
16 | mandatory supervised release may require by subpoena the
| ||||||
17 | attendance and testimony of witnesses and the production of | ||||||
18 | documentary
evidence relating to any matter under | ||||||
19 | investigation or hearing. The
Chairman of the Board may sign | ||||||
20 | subpoenas which shall be served by any
agent or public official | ||||||
21 | authorized by the Chairman of the Board, or by
any person | ||||||
22 | lawfully authorized to serve a subpoena under the laws of the
| ||||||
23 | State of Illinois. The attendance of witnesses, and the | ||||||
24 | production of
documentary evidence, may be required from any | ||||||
25 | place in the State to a
hearing location in the State before | ||||||
26 | the Chairman of the Board or his or her
designated agent or |
| |||||||
| |||||||
1 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
2 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
3 | mileage that are paid witnesses in the circuit courts of the
| ||||||
4 | State, and witnesses whose depositions are taken and the | ||||||
5 | persons taking
those depositions are each entitled to the same | ||||||
6 | fees as are paid for
like services in actions in the circuit | ||||||
7 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
8 | payment when the witness is discharged
from further attendance.
| ||||||
9 | In case of disobedience to a subpoena, the Board may | ||||||
10 | petition any
circuit court of the State for an order requiring | ||||||
11 | the attendance and
testimony of witnesses or the production of | ||||||
12 | documentary evidence or
both. A copy of such petition shall be | ||||||
13 | served by personal service or by
registered or certified mail | ||||||
14 | upon the person who has failed to obey the
subpoena, and such | ||||||
15 | person shall be advised in writing that a hearing
upon the | ||||||
16 | petition will be requested in a court room to be designated in
| ||||||
17 | such notice before the judge hearing motions or extraordinary | ||||||
18 | remedies
at a specified time, on a specified date, not less | ||||||
19 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
20 | the written notice and petition
in the U.S. mails addressed to | ||||||
21 | the person at his last known address or
after the personal | ||||||
22 | service of the copy of the notice and petition upon
such | ||||||
23 | person. The court upon the filing of such a petition, may order | ||||||
24 | the
person refusing to obey the subpoena to appear at an | ||||||
25 | investigation or
hearing, or to there produce documentary | ||||||
26 | evidence, if so ordered, or to
give evidence relative to the |
| |||||||
| |||||||
1 | subject matter of that investigation or
hearing. Any failure to | ||||||
2 | obey such order of the circuit court may be
punished by that | ||||||
3 | court as a contempt of court.
| ||||||
4 | Each member of the Board and any hearing officer designated | ||||||
5 | by the
Board shall have the power to administer oaths and to | ||||||
6 | take the testimony
of persons under oath.
| ||||||
7 | (g) Except under subsection (a) of this Section, a majority | ||||||
8 | of the
members then appointed to the Prisoner Review Board | ||||||
9 | shall constitute a
quorum for the transaction of all business | ||||||
10 | of the Board.
| ||||||
11 | (h) The Prisoner Review Board shall annually transmit to | ||||||
12 | the
Director a detailed report of its work for the preceding | ||||||
13 | calendar year.
The annual report shall also be transmitted to | ||||||
14 | the Governor for
submission to the Legislature.
| ||||||
15 | (Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | ||||||
16 | 98-756, eff. 7-16-14; 99-628, eff. 1-1-17 .)
| ||||||
17 | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
| ||||||
18 | Sec. 3-3-9. Violations; changes of conditions; preliminary
| ||||||
19 | hearing; revocation of parole or mandatory supervised release;
| ||||||
20 | revocation hearing. | ||||||
21 | (a) If prior to expiration or termination of the term of
| ||||||
22 | parole or mandatory supervised release, a person violates a
| ||||||
23 | condition set by the Prisoner Review Board or a condition of | ||||||
24 | parole or
mandatory supervised release under Section 3-3-7 of | ||||||
25 | this Code to govern that
term,
the Board may:
|
| |||||||
| |||||||
1 | (1) continue the existing term, with or without | ||||||
2 | modifying or
enlarging the conditions; or
| ||||||
3 | (1.5) for those released as a result of youthful | ||||||
4 | offender parole as set forth in Section 5-4.5-110 of this | ||||||
5 | Code, order that the inmate be subsequently rereleased to | ||||||
6 | serve a specified mandatory supervised release term not to | ||||||
7 | exceed the full term permitted under the provisions of | ||||||
8 | 5-4.5-110 and subsection (d) of Section 5-8-1 of this Code | ||||||
9 | and may modify or enlarge the conditions of the release as | ||||||
10 | the Board deems proper; or | ||||||
11 | (2) parole or release the person to a half-way house; | ||||||
12 | or
| ||||||
13 | (3) revoke the parole or mandatory supervised release | ||||||
14 | and
reconfine the person for a term computed in the | ||||||
15 | following
manner:
| ||||||
16 | (i) (A) For those sentenced under the law in effect | ||||||
17 | prior to
this amendatory Act of 1977, the recommitment | ||||||
18 | shall be for any
portion of the imposed maximum term of | ||||||
19 | imprisonment or confinement
which had not been served | ||||||
20 | at the time of parole and the parole
term, less the | ||||||
21 | time elapsed between the parole of the person and
the | ||||||
22 | commission of the violation for which parole was | ||||||
23 | revoked;
| ||||||
24 | (B) Except as set forth in paragraphs paragraph (C) | ||||||
25 | and (D) , for
those subject to mandatory supervised | ||||||
26 | release under
paragraph (d) of Section 5-8-1 of this |
| |||||||
| |||||||
1 | Code, the recommitment
shall be for the total mandatory | ||||||
2 | supervised release term, less
the time elapsed between | ||||||
3 | the release of the person and the
commission of the | ||||||
4 | violation for which mandatory supervised
release is | ||||||
5 | revoked. The Board may also order that a prisoner
serve | ||||||
6 | up to one year of the sentence imposed by the court | ||||||
7 | which
was not served due to the accumulation of | ||||||
8 | sentence credit;
| ||||||
9 | (C) For those subject to sex offender supervision | ||||||
10 | under clause (d)(4) of Section 5-8-1 of this Code, the | ||||||
11 | reconfinement period for violations of clauses (a)(3) | ||||||
12 | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | ||||||
13 | years from the date of reconfinement;
| ||||||
14 | (D) For those released as a result of youthful | ||||||
15 | offender parole as set forth in Section 5-4.5-110 of | ||||||
16 | this Code, the reconfinement period shall be for the | ||||||
17 | total mandatory supervised release term, less the time | ||||||
18 | elapsed between the release of the person and the | ||||||
19 | commission of the violation for which mandatory | ||||||
20 | supervised release is revoked. The Board may also order | ||||||
21 | that a prisoner serve up to one year of the mandatory | ||||||
22 | supervised release term previously earned. The Board | ||||||
23 | may also order that the inmate be subsequently | ||||||
24 | rereleased to serve a specified mandatory supervised | ||||||
25 | release term not to exceed the full term permitted | ||||||
26 | under the provisions of 5-4.5-110 and subsection (d) of |
| |||||||
| |||||||
1 | Section 5-8-1 of this Code and may modify or enlarge | ||||||
2 | the conditions of the release as the Board deems | ||||||
3 | proper; | ||||||
4 |
(ii) the person shall be given credit against the | ||||||
5 | term of
reimprisonment or reconfinement for time spent | ||||||
6 | in custody
since he or she was paroled or released | ||||||
7 | which has not been credited
against another sentence or | ||||||
8 | period of confinement;
| ||||||
9 |
(iii) (blank);
| ||||||
10 |
(iv) this Section is subject to the release under
| ||||||
11 | supervision and the reparole and rerelease provisions | ||||||
12 | of Section
3-3-10.
| ||||||
13 | (b) The Board may revoke parole or mandatory supervised
| ||||||
14 | release for violation of a condition for the duration of the
| ||||||
15 | term and for any further period which is reasonably necessary
| ||||||
16 | for the adjudication of matters arising before its expiration.
| ||||||
17 | The issuance of a warrant of arrest for an alleged violation
of | ||||||
18 | the conditions of parole or mandatory supervised release
shall | ||||||
19 | toll the running of the term until the final determination of | ||||||
20 | the
charge. When
parole or mandatory supervised release is not | ||||||
21 | revoked
that period shall be credited to the term, unless a | ||||||
22 | community-based sanction is imposed as an alternative to | ||||||
23 | revocation and reincarceration, including a diversion | ||||||
24 | established by the Illinois Department of Corrections Parole | ||||||
25 | Services Unit prior to the holding of a preliminary parole | ||||||
26 | revocation hearing. Parolees who are diverted to a |
| |||||||
| |||||||
1 | community-based sanction shall serve the entire term of parole | ||||||
2 | or mandatory supervised release, if otherwise appropriate.
| ||||||
3 | (b-5) The Board shall revoke parole or mandatory supervised | ||||||
4 | release for violation of the conditions prescribed in paragraph | ||||||
5 | (7.6) of subsection (a) of Section 3-3-7. | ||||||
6 | (c) A person charged with violating a condition of parole | ||||||
7 | or
mandatory supervised release shall have a preliminary | ||||||
8 | hearing
before a hearing officer designated by the Board to | ||||||
9 | determine
if there is cause to hold the person for a revocation | ||||||
10 | hearing.
However, no preliminary hearing need be held when | ||||||
11 | revocation is based
upon new criminal charges and a court finds | ||||||
12 | probable cause on the new
criminal charges or when the | ||||||
13 | revocation
is based upon a new criminal conviction and a | ||||||
14 | certified copy of
that conviction is available.
| ||||||
15 | (d) Parole or mandatory supervised release shall not be
| ||||||
16 | revoked without written notice to the offender setting forth
| ||||||
17 | the violation of parole or mandatory supervised release charged
| ||||||
18 | against him or her.
| ||||||
19 | (e) A hearing on revocation shall be conducted before at
| ||||||
20 | least one member of the Prisoner Review Board. The Board may
| ||||||
21 | meet and order its actions in panels of 3 or more members.
The | ||||||
22 | action of a majority of the panel shall be the action of
the | ||||||
23 | Board. A record
of the hearing shall be made. At the hearing | ||||||
24 | the offender shall
be permitted to:
| ||||||
25 | (1) appear and answer the charge; and
| ||||||
26 | (2) bring witnesses on his or her behalf.
|
| |||||||
| |||||||
1 | (f) The Board shall either revoke parole or mandatory
| ||||||
2 | supervised release or order the person's term continued with
or | ||||||
3 | without modification or enlargement of the conditions.
| ||||||
4 | (g) Parole or mandatory supervised release shall not be
| ||||||
5 | revoked for failure to make payments under the conditions of
| ||||||
6 | parole or release unless the Board determines that such failure | ||||||
7 | is
due to the offender's willful refusal to pay.
| ||||||
8 | (Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; | ||||||
9 | 99-628, eff. 1-1-17 .)
| ||||||
10 | (730 ILCS 5/5-4.5-20) | ||||||
11 | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||||||
12 | degree murder: | ||||||
13 | (a) TERM. The defendant shall be sentenced to imprisonment | ||||||
14 | or, if appropriate, death under Section 9-1 of the Criminal | ||||||
15 | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | ||||||
16 | Imprisonment shall be for a determinate term , subject to | ||||||
17 | Section 5-4.5-110 of this Code, of (1) not less than 20 years | ||||||
18 | and not more than 60 years; (2) not less than 60 years and not | ||||||
19 | more than 100 years when an extended term is imposed under | ||||||
20 | Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as | ||||||
21 | provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| ||||||
22 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
23 | shall not be imposed.
| ||||||
24 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
25 | or the county impact incarceration program is not an authorized |
| |||||||
| |||||||
1 | disposition.
| ||||||
2 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
3 | probation or conditional discharge shall not be imposed.
| ||||||
4 | (e) FINE. Fines may be imposed as provided in Section | ||||||
5 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
6 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
7 | concerning restitution.
| ||||||
8 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
9 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
10 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
11 | (h) DRUG COURT. Drug court is not an authorized | ||||||
12 | disposition.
| ||||||
13 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
14 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
15 | detention prior to judgment.
| ||||||
16 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
17 | for rules and regulations for sentence credit.
| ||||||
18 | (k) ELECTRONIC HOME DETENTION. Electronic home detention | ||||||
19 | is not an authorized disposition, except in limited | ||||||
20 | circumstances as provided in Section 5-8A-3 (730 ILCS | ||||||
21 | 5/5-8A-3).
| ||||||
22 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
23 | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||||||
24 | mandatory supervised release term shall be 3 years upon release | ||||||
25 | from imprisonment.
| ||||||
26 | (Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-4.5-25) | ||||||
2 | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | ||||||
3 | felony: | ||||||
4 | (a) TERM. The sentence of imprisonment shall be a | ||||||
5 | determinate sentence , subject to Section 5-4.5-110 of this | ||||||
6 | Code, of not less than 6 years and not more than 30 years. The | ||||||
7 | sentence of imprisonment for an extended term Class X felony, | ||||||
8 | as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to | ||||||
9 | Section 5-4.5-110 of this Code, shall be not less than 30 years | ||||||
10 | and not more than 60 years.
| ||||||
11 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
12 | shall not be imposed.
| ||||||
13 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
14 | or the county impact incarceration program is not an authorized | ||||||
15 | disposition.
| ||||||
16 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
17 | probation or conditional discharge shall not be imposed.
| ||||||
18 | (e) FINE. Fines may be imposed as provided in Section | ||||||
19 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
20 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
21 | concerning restitution.
| ||||||
22 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
23 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
24 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
25 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
| |||||||
| |||||||
1 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
2 | program.
| ||||||
3 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
4 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
5 | detention prior to judgment.
| ||||||
6 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
7 | for rules and regulations for sentence credit.
| ||||||
8 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
9 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
10 | detention.
| ||||||
11 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
12 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
13 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
14 | be 3 years upon release from imprisonment.
| ||||||
15 | (Source: P.A. 97-697, eff. 6-22-12.)
| ||||||
16 | (730 ILCS 5/5-4.5-30) | ||||||
17 | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | ||||||
18 | felony: | ||||||
19 | (a) TERM. The sentence of imprisonment, other than for | ||||||
20 | second degree murder, shall be a determinate sentence of not | ||||||
21 | less than 4 years and not more than 15 years , subject to | ||||||
22 | Section 5-4.5-110 of this Code . The sentence of imprisonment | ||||||
23 | for second degree murder shall be a determinate sentence of not | ||||||
24 | less than 4 years and not more than 20 years , subject to | ||||||
25 | Section 5-4.5-110 of this Code . The sentence of imprisonment |
| |||||||
| |||||||
1 | for an extended term Class 1 felony, as provided in Section | ||||||
2 | 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this | ||||||
3 | Code, shall be a term not less than 15 years and not more than | ||||||
4 | 30 years.
| ||||||
5 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
6 | imprisonment shall be for a definite term of from 3 to 4 years, | ||||||
7 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
8 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
9 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
10 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
11 | the impact incarceration program or the county impact | ||||||
12 | incarceration program.
| ||||||
13 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
14 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
15 | period of probation or conditional discharge shall not exceed 4 | ||||||
16 | years. The court shall specify the conditions of probation or | ||||||
17 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
18 | 5/5-6-3). In no case shall an offender be eligible for a | ||||||
19 | disposition of probation or conditional discharge for a Class 1 | ||||||
20 | felony committed while he or she was serving a term of | ||||||
21 | probation or conditional discharge for a felony.
| ||||||
22 | (e) FINE. Fines may be imposed as provided in Section | ||||||
23 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
24 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
25 | concerning restitution.
| ||||||
26 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
| |||||||
| |||||||
1 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
2 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
3 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
4 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
5 | program.
| ||||||
6 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
7 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
8 | detention prior to judgment.
| ||||||
9 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
10 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
11 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
12 | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | ||||||
13 | 5/5-8A-3) concerning eligibility for electronic home | ||||||
14 | detention.
| ||||||
15 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
16 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
17 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
18 | be 2 years upon release from imprisonment.
| ||||||
19 | (Source: P.A. 97-697, eff. 6-22-12.)
| ||||||
20 | (730 ILCS 5/5-4.5-110 new) | ||||||
21 | Sec. 5-4.5-110. Parole review of persons under the age of | ||||||
22 | 21 at the time of the commission of an offense. | ||||||
23 | (a) For purposes of this Section, "victim" means a victim | ||||||
24 | of a violent crime as defined in subsection (a) of Section 3 of | ||||||
25 | the Rights of Crime Victims and Witnesses Act including a |
| |||||||
| |||||||
1 | witness as defined in subsection (b) of Section 3 of the Rights | ||||||
2 | of Crime Victims and Witnesses Act; any person legally related | ||||||
3 | to the victim by blood, marriage, adoption, or guardianship; | ||||||
4 | any friend of the victim; or any concerned citizen. | ||||||
5 | (b) A person under 21 years of age at the time of the | ||||||
6 | commission of an offense or offenses, other than first degree | ||||||
7 | murder, and who is not serving a sentence for first degree | ||||||
8 | murder and who is sentenced on or after the effective date of | ||||||
9 | this amendatory Act of the 100th General Assembly shall be | ||||||
10 | eligible for parole review by the Prisoner Review Board after | ||||||
11 | serving 10 years or more of his or her sentence or sentences, | ||||||
12 | except for those serving a sentence or sentences for: (1) | ||||||
13 | aggravated criminal sexual assault who shall be eligible for | ||||||
14 | parole review by the Prisoner Review Board after serving 20 | ||||||
15 | years or more of his or her sentence or sentences or (2) | ||||||
16 | predatory criminal sexual assault of a child who shall not be | ||||||
17 | eligible for parole review by the Prisoner Review Board under | ||||||
18 | this Section. A person under 21 years of age at the time of the | ||||||
19 | commission of first degree murder who is sentenced on or after | ||||||
20 | the effective date of this amendatory Act of the 100th General | ||||||
21 | Assembly shall be eligible for parole review by the Prisoner | ||||||
22 | Review Board after serving
20 years or more of his or her | ||||||
23 | sentence or sentences, except for those subject to a term of | ||||||
24 | natural life imprisonment under Section 5-8-1 of this Code or | ||||||
25 | any person subject to sentencing under subsection (c) of | ||||||
26 | Section 5-4.5-105 of this Code. |
| |||||||
| |||||||
1 | (c) Three years prior to becoming eligible for parole | ||||||
2 | review, the eligible person may file his or her petition for | ||||||
3 | parole review with the Prisoner Review Board.
The petition | ||||||
4 | shall include a copy of the order of commitment and sentence to | ||||||
5 | the Department of Corrections for the offense or offenses for | ||||||
6 | which review is sought. Within 30 days of receipt of this | ||||||
7 | petition, the Prisoner Review Board shall determine whether the | ||||||
8 | petition is appropriately filed, and if so, shall set a date | ||||||
9 | for parole review 3 years from receipt of the petition and | ||||||
10 | notify the Department of Corrections within 10 business days. | ||||||
11 | If the Prisoner Review Board determines that the petition is | ||||||
12 | not appropriately filed, it shall notify the petitioner in | ||||||
13 | writing, including a basis for its determination. | ||||||
14 | (d) Within 6 months of the Prisoner Review Board's | ||||||
15 | determination that the petition was appropriately filed, a | ||||||
16 | representative from the Department of Corrections shall meet | ||||||
17 | with the eligible person and
provide the inmate information | ||||||
18 | about the parole hearing process and personalized | ||||||
19 | recommendations for the inmate regarding his or her work | ||||||
20 | assignments, rehabilitative programs, and institutional | ||||||
21 | behavior. Following this meeting, the eligible person has 7 | ||||||
22 | calendar days to file a written request to the representative | ||||||
23 | from the Department of Corrections who met with the eligible | ||||||
24 | person of any additional programs and services which the | ||||||
25 | eligible person believes should be made available to prepare | ||||||
26 | the eligible person for return to the community. |
| |||||||
| |||||||
1 | (e) One year prior to the person being eligible for parole, | ||||||
2 | counsel shall be appointed by the Prisoner Review Board upon a | ||||||
3 | finding of indigency. The eligible person may waive appointed | ||||||
4 | counsel or retain his or her own counsel at his or her own | ||||||
5 | expense. | ||||||
6 | (f) Nine months prior to the hearing, the Prisoner Review | ||||||
7 | Board shall provide the eligible person, and his or her | ||||||
8 | counsel, any written documents or materials it will be | ||||||
9 | considering in making its decision unless the written documents | ||||||
10 | or materials are specifically found to: (1) include information | ||||||
11 | which, if disclosed, would damage the therapeutic relationship | ||||||
12 | between the inmate and a mental health professional; (2) | ||||||
13 | subject any person to the actual risk of physical harm; (3) | ||||||
14 | threaten the safety or security of the Department or an | ||||||
15 | institution. Victim impact statements either oral, written, | ||||||
16 | video-taped, tape recorded or made by other electronic means | ||||||
17 | shall not be subject to disclosure under the Freedom of | ||||||
18 | Information Act. The inmate or his or her attorney shall not be | ||||||
19 | given a copy of the statement, but shall be informed of the | ||||||
20 | existence of a victim impact statement and the position taken | ||||||
21 | by the victim on the inmate's request for parole. This shall | ||||||
22 | not be construed to permit disclosure to an inmate of any | ||||||
23 | information which might result in the risk of threats or | ||||||
24 | physical harm to a victim. The Prisoner Review Board shall have | ||||||
25 | an ongoing duty to provide the eligible person, and his or her | ||||||
26 | counsel, with any further documents or materials that come into |
| |||||||
| |||||||
1 | its possession prior to the hearing subject to the limitations | ||||||
2 | contained in this subsection. | ||||||
3 | (g) Not less than 12 months prior to the hearing, the | ||||||
4 | Prisoner Review Board shall provide notification to the State's | ||||||
5 | Attorney of the county from which the person was committed and | ||||||
6 | written notification to the victim or family of the victim of | ||||||
7 | the scheduled hearing place, date, and approximate time. The | ||||||
8 | written notification shall contain: (1) information about
| ||||||
9 | their right to be present, appear in person at the parole | ||||||
10 | hearing, and their right to
make an oral statement and submit | ||||||
11 | information in writing, by videotape, tape
recording, or other | ||||||
12 | electronic means; (2) a toll-free number to call for further
| ||||||
13 | information about the parole review process; and (3) | ||||||
14 | information regarding
available resources, including | ||||||
15 | trauma-informed therapy, they may access. If the Board does not | ||||||
16 | have knowledge of the current address of the victim or family | ||||||
17 | of the victim, it shall notify the State's Attorney of the | ||||||
18 | county of commitment and request assistance in locating the | ||||||
19 | victim or family of the victim. Those victims or family of the | ||||||
20 | victims who advise the Board in writing that they no longer | ||||||
21 | wish to be notified shall not receive future notices. A victim | ||||||
22 | shall have the right to submit information by videotape, tape | ||||||
23 | recording, or other electronic means. The victim may submit | ||||||
24 | this material prior to or at the parole hearing. The victim | ||||||
25 | also has the right to be heard at the parole hearing. | ||||||
26 | (h) The hearing conducted by the Prisoner Review Board |
| |||||||
| |||||||
1 | shall be governed by Sections 15 and 20, subsection (f) of | ||||||
2 | Section 5, subsection (a) of Section 10, subsection (d) of | ||||||
3 | Section 25, and subsections (a), (b), and (e) of Section 35 of | ||||||
4 | the Open Parole Hearings Act and Part 1610 of Title 20 of the | ||||||
5 | Illinois Administrative Code. The eligible person has a right | ||||||
6 | to be present at the Prisoner Review Board hearing, unless the | ||||||
7 | Prisoner Review Board determines the eligible person's | ||||||
8 | presence is unduly burdensome when conducting a hearing under | ||||||
9 | paragraph (6.6) of subsection (a) of Section 3-3-2 of this | ||||||
10 | Code. If a psychological evaluation is submitted for the | ||||||
11 | Prisoner Review Board's consideration, it shall be prepared by | ||||||
12 | a person who has expertise in adolescent brain development and | ||||||
13 | behavior, and shall take into consideration the diminished | ||||||
14 | culpability of youthful offenders, the hallmark features of | ||||||
15 | youth, and any subsequent growth and increased maturity of the | ||||||
16 | person. At the hearing, the eligible person shall have the | ||||||
17 | right to make a statement on his or her own behalf. | ||||||
18 | (i) Only upon motion for good cause shall the date for the | ||||||
19 | Prisoner Review Board hearing, as set by subsection (b) of this | ||||||
20 | Section, be changed. No less than 15 days prior to the hearing, | ||||||
21 | the Prisoner Review Board shall notify the victim or victim | ||||||
22 | representative, the attorney, and the eligible person of the | ||||||
23 | exact date and time of the hearing. All hearings shall be open | ||||||
24 | to the public. | ||||||
25 | (j) The Prisoner Review Board shall not parole the eligible | ||||||
26 | person if it determines that: |
| |||||||
| |||||||
1 | (1) there is a substantial risk that the eligible | ||||||
2 | person will not conform to reasonable conditions of parole | ||||||
3 | or aftercare release; or | ||||||
4 | (2) the eligible person's release at that time would | ||||||
5 | deprecate the seriousness of his or her offense or promote | ||||||
6 | disrespect for the law; or | ||||||
7 | (3) the eligible person's release would have a | ||||||
8 | substantially adverse effect on institutional discipline. | ||||||
9 | In considering the factors affecting the release | ||||||
10 | determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner | ||||||
11 | Review Board panel shall consider the diminished culpability of | ||||||
12 | youthful offenders, the hallmark features of youth, and any | ||||||
13 | subsequent growth and maturity of the youthful offender during | ||||||
14 | incarceration. | ||||||
15 | (k) Unless denied parole under subsection (j) of this | ||||||
16 | Section: (1) the eligible person serving a sentence for any | ||||||
17 | non-first degree murder offense or offenses, shall be released | ||||||
18 | on parole which shall operate to discharge any remaining term | ||||||
19 | of years sentence imposed upon him or her, notwithstanding any | ||||||
20 | required mandatory supervised release period the eligible | ||||||
21 | person is required to serve; and (2) the eligible person | ||||||
22 | serving a sentence for any first degree murder offense, shall | ||||||
23 | be released on mandatory supervised release for a period of 10 | ||||||
24 | years subject to Section 3-3-8, which shall operate to | ||||||
25 | discharge any remaining term of years sentence imposed upon him | ||||||
26 | or her, however in no event shall the eligible person serve a |
| |||||||
| |||||||
1 | period of mandatory supervised release greater than the | ||||||
2 | aggregate of the discharged underlying sentence and the | ||||||
3 | mandatory supervised release period as sent forth in Section | ||||||
4 | 5-4.5-20. | ||||||
5 | (l) If the Prisoner Review Board denies parole after | ||||||
6 | conducting the hearing under
subsection (j) of this Section, it | ||||||
7 | shall issue a written decision which states the
rationale for | ||||||
8 | denial, including the primary factors considered. This | ||||||
9 | decision shall
be provided to the eligible person and his or | ||||||
10 | her counsel within 30 days. | ||||||
11 | (m) A person denied parole under subsection (j) of this | ||||||
12 | Section, who is not
serving a sentence for either first degree | ||||||
13 | murder or aggravated criminal sexual
assault, shall be eligible | ||||||
14 | for a second parole review by the Prisoner Review Board
5 years | ||||||
15 | after the written decision under subsection (l) of this | ||||||
16 | Section; a person
denied parole under subsection (j) of this | ||||||
17 | Section, who is serving a sentence or
sentences for first | ||||||
18 | degree murder or aggravated criminal sexual assault shall be
| ||||||
19 | eligible for a second and final parole review by the Prisoner | ||||||
20 | Review Board 10
years after the written decision under | ||||||
21 | subsection (k) of this Section. The
procedures for a second | ||||||
22 | parole review shall be governed by subsections (c)
through (k) | ||||||
23 | of this Section. | ||||||
24 | (n) A person denied parole under subsection (m) of this | ||||||
25 | Section, who is not
serving a sentence for either first degree | ||||||
26 | murder or aggravated criminal sexual
assault, shall be eligible |
| |||||||
| |||||||
1 | for a third and final parole review by the Prisoner Review
| ||||||
2 | Board 5 years after the written decision under subsection (l) | ||||||
3 | of this Section. The
procedures for the third and final parole | ||||||
4 | review shall be governed by subsections
(c) through (k) of this | ||||||
5 | Section. | ||||||
6 | (o) Notwithstanding anything else to the contrary in this | ||||||
7 | Section, nothing in this Section shall be construed to delay | ||||||
8 | parole or mandatory supervised release consideration for | ||||||
9 | petitioners who are or will be eligible for release earlier | ||||||
10 | than this Section provides. Nothing in this Section shall be | ||||||
11 | construed as a limit, substitution, or bar on a person's right | ||||||
12 | to sentencing relief, or any other manner of relief, obtained | ||||||
13 | by order of a court in proceedings other than as provided in | ||||||
14 | this Section.
| ||||||
15 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
16 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
17 | use of a firearm; mandatory supervised release terms.
| ||||||
18 | (a) Except as otherwise provided in the statute defining | ||||||
19 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
20 | imprisonment for a felony shall be a determinate sentence set | ||||||
21 | by
the court under this Section, subject to Section 5-4.5-110 | ||||||
22 | of this Code, according to the following limitations:
| ||||||
23 | (1) for first degree murder,
| ||||||
24 | (a) (blank),
| ||||||
25 | (b) if a trier of fact finds beyond a reasonable
|
| |||||||
| |||||||
1 | doubt that the murder was accompanied by exceptionally
| ||||||
2 | brutal or heinous behavior indicative of wanton | ||||||
3 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
4 | of this Section, that any of the aggravating factors
| ||||||
5 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012 are
| ||||||
7 | present, the court may sentence the defendant, subject | ||||||
8 | to Section 5-4.5-105, to a term of natural life
| ||||||
9 | imprisonment, or
| ||||||
10 | (c) the court shall sentence the defendant to a | ||||||
11 | term of natural life
imprisonment if the defendant, at | ||||||
12 | the time of the commission of the murder, had attained | ||||||
13 | the age of 18, and
| ||||||
14 | (i) has previously been convicted of first | ||||||
15 | degree murder under
any state or federal law, or
| ||||||
16 | (ii) is found guilty of murdering more
than one | ||||||
17 | victim, or
| ||||||
18 | (iii) is found guilty of murdering a peace | ||||||
19 | officer, fireman, or emergency management worker | ||||||
20 | when
the peace officer, fireman, or emergency | ||||||
21 | management worker was killed in the course of | ||||||
22 | performing his
official duties, or to prevent the | ||||||
23 | peace officer or fireman from
performing his | ||||||
24 | official duties, or in retaliation for the peace | ||||||
25 | officer,
fireman, or emergency management worker | ||||||
26 | from performing his official duties, and the |
| |||||||
| |||||||
1 | defendant knew or should
have known that the | ||||||
2 | murdered individual was a peace officer, fireman, | ||||||
3 | or emergency management worker, or
| ||||||
4 | (iv) is found guilty of murdering an employee | ||||||
5 | of an institution or
facility of the Department of | ||||||
6 | Corrections, or any similar local
correctional | ||||||
7 | agency, when the employee was killed in the course | ||||||
8 | of
performing his official duties, or to prevent | ||||||
9 | the employee from performing
his official duties, | ||||||
10 | or in retaliation for the employee performing his
| ||||||
11 | official duties, or
| ||||||
12 | (v) is found guilty of murdering an emergency | ||||||
13 | medical
technician - ambulance, emergency medical | ||||||
14 | technician - intermediate, emergency
medical | ||||||
15 | technician - paramedic, ambulance driver or other | ||||||
16 | medical assistance or
first aid person while | ||||||
17 | employed by a municipality or other governmental | ||||||
18 | unit
when the person was killed in the course of | ||||||
19 | performing official duties or
to prevent the | ||||||
20 | person from performing official duties or in | ||||||
21 | retaliation
for performing official duties and the | ||||||
22 | defendant knew or should have known
that the | ||||||
23 | murdered individual was an emergency medical | ||||||
24 | technician - ambulance,
emergency medical | ||||||
25 | technician - intermediate, emergency medical
| ||||||
26 | technician - paramedic, ambulance driver, or other |
| |||||||
| |||||||
1 | medical
assistant or first aid personnel, or
| ||||||
2 | (vi) (blank), or
| ||||||
3 | (vii) is found guilty of first degree murder | ||||||
4 | and the murder was
committed by reason of any | ||||||
5 | person's activity as a community policing | ||||||
6 | volunteer
or to prevent any person from engaging in | ||||||
7 | activity as a community policing
volunteer. For | ||||||
8 | the purpose of this Section, "community policing | ||||||
9 | volunteer"
has the meaning ascribed to it in | ||||||
10 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
11 | For purposes of clause (v), "emergency medical | ||||||
12 | technician - ambulance",
"emergency medical technician - | ||||||
13 | intermediate", "emergency medical technician -
| ||||||
14 | paramedic", have the meanings ascribed to them in the | ||||||
15 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
16 | (d) (i) if the person committed the offense while | ||||||
17 | armed with a
firearm, 15 years shall be added to | ||||||
18 | the term of imprisonment imposed by the
court;
| ||||||
19 | (ii) if, during the commission of the offense, | ||||||
20 | the person
personally discharged a firearm, 20 | ||||||
21 | years shall be added to the term of
imprisonment | ||||||
22 | imposed by the court;
| ||||||
23 | (iii) if, during the commission of the | ||||||
24 | offense, the person
personally discharged a | ||||||
25 | firearm that proximately caused great bodily harm,
| ||||||
26 | permanent disability, permanent disfigurement, or |
| |||||||
| |||||||
1 | death to another person, 25
years or up to a term | ||||||
2 | of natural life shall be added to the term of
| ||||||
3 | imprisonment imposed by the court.
| ||||||
4 | (2) (blank);
| ||||||
5 | (2.5) for a person who has attained the age of 18 years
| ||||||
6 | at the time of the commission of the offense and
who is | ||||||
7 | convicted under the circumstances described in subdivision | ||||||
8 | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | ||||||
9 | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | ||||||
10 | or paragraph (2) of subsection
(d) of Section 12-14, | ||||||
11 | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | ||||||
12 | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | ||||||
13 | Section 11-1.40 or paragraph (2) of subsection (b) of | ||||||
14 | Section 12-14.1
of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012, the sentence shall be a term of | ||||||
16 | natural life
imprisonment.
| ||||||
17 | (b) (Blank).
| ||||||
18 | (c) (Blank).
| ||||||
19 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
20 | parole or mandatory
supervised release term shall be written as | ||||||
21 | part of the sentencing order and shall be as follows:
| ||||||
22 | (1) for first degree murder or a Class X felony except | ||||||
23 | for the offenses of predatory criminal sexual assault of a | ||||||
24 | child, aggravated criminal sexual assault, and criminal | ||||||
25 | sexual assault if committed on or after the effective date | ||||||
26 | of this amendatory Act of the 94th General Assembly and |
| |||||||
| |||||||
1 | except for the offense of aggravated child pornography | ||||||
2 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
3 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
5 | committed on or after January 1, 2009, 3 years;
| ||||||
6 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
7 | the offense of criminal sexual assault if committed on or | ||||||
8 | after the effective date of this amendatory Act of the 94th | ||||||
9 | General Assembly and except for the offenses of manufacture | ||||||
10 | and dissemination of child pornography under clauses | ||||||
11 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
12 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
13 | after January 1, 2009, 2 years;
| ||||||
14 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
15 | (4) for defendants who commit the offense of predatory | ||||||
16 | criminal sexual assault of a child, aggravated criminal | ||||||
17 | sexual assault, or criminal sexual assault, on or after the | ||||||
18 | effective date of this amendatory Act of the 94th General | ||||||
19 | Assembly, or who commit the offense of aggravated child | ||||||
20 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
21 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
22 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
23 | manufacture of child pornography, or dissemination of | ||||||
24 | child pornography after January 1, 2009, the term of | ||||||
25 | mandatory supervised release shall range from a minimum of | ||||||
26 | 3 years to a maximum of the natural life of the defendant;
|
| |||||||
| |||||||
1 | (5) if the victim is under 18 years of age, for a | ||||||
2 | second or subsequent
offense of aggravated criminal sexual | ||||||
3 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
4 | the first 2 years of which the defendant shall serve in an
| ||||||
5 | electronic home detention program under Article 8A of | ||||||
6 | Chapter V of this Code;
| ||||||
7 | (6) for a felony domestic battery, aggravated domestic | ||||||
8 | battery, stalking, aggravated stalking, and a felony | ||||||
9 | violation of an order of protection, 4 years. | ||||||
10 | (e) (Blank).
| ||||||
11 | (f) (Blank).
| ||||||
12 | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17 .)".
|