Bill Amendment: IL HB5037 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FIREARM USED TO COMMIT CRIME

Status: 2024-04-05 - House Committee Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB5037 Detail]

Download: Illinois-2023-HB5037-House_Amendment_002.html

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Rep. Kelly M. Cassidy

Filed: 4/1/2024

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AMENDMENT TO HOUSE BILL 5037
AMENDMENT NO. ______. Amend House Bill 5037 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Sections 3-3-1 and 3-3-4 as follows:
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and appointment of Prisoner
Review Board.
(a) There shall be a Prisoner Review Board independent of
the Department which shall be:
(1) the paroling authority for persons sentenced under
the law in effect prior to the effective date of this
amendatory Act of 1977;
(1.2) the paroling authority for persons eligible for
parole review under Section 5-4.5-115;
(1.5) (blank);

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(2) the board of review for cases involving the
revocation of sentence credits or a suspension or
reduction in the rate of accumulating the credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(4) the authority for establishing release dates for
certain prisoners sentenced under the law in existence
prior to the effective date of this amendatory Act of
1977, in accordance with Section 3-3-2.1 of this Code;
(5) the authority for setting conditions for parole
and mandatory supervised release under Section 5-8-1(a) of
this Code, and determining whether a violation of those
conditions warrant revocation of parole or mandatory
supervised release or the imposition of other sanctions;
(6) the authority for determining whether a violation
of aftercare release conditions warrant revocation of
aftercare release; and
(7) the authority to release medically infirm or
disabled prisoners under Section 3-3-14.
(b) The Board shall consist of 15 persons appointed by the
Governor by and with the advice and consent of the Senate. One
member of the Board shall be designated by the Governor to be
Chairman and shall serve as Chairman at the pleasure of the
Governor. The members of the Board shall have had at least 5
years of actual experience in the fields of penology,
corrections work, law enforcement, sociology, law, education,

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social work, medicine, psychology, other behavioral sciences,
or a combination thereof. At least 6 members so appointed must
have at least 3 years experience in the field of juvenile
matters. No more than 8 Board members may be members of the
same political party.
Within one year of the effective date of this amendatory
Act of the 103rd General Assembly or within one year of the
start of the member's term, a member of the Prisoner Review
Board shall complete a 40-hour training series, to be provided
by the entity administrating the Illinois Domestic Violence
Hotline. This training shall be tailored specifically to the
members of the Prisoner Review Board and shall cover topics
including, but not limited to, safety planning, criminalized
survivors, substantiation of gender-based violence, and the
dynamics of gender-based violence.
Each member of the Board shall serve on a full-time basis
and shall not hold any other salaried public office, whether
elective or appointive, nor any other office or position of
profit, nor engage in any other business, employment, or
vocation. The Chairman of the Board shall receive $35,000 a
year, or an amount set by the Compensation Review Board,
whichever is greater, and each other member $30,000, or an
amount set by the Compensation Review Board, whichever is
greater.
(c) Notwithstanding any other provision of this Section,
the term of each member of the Board who was appointed by the

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Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when all of the successor
members to be appointed pursuant to this amendatory Act of the
93rd General Assembly have been appointed by the Governor,
whichever occurs later. As soon as possible, the Governor
shall appoint persons to fill the vacancies created by this
amendatory Act.
Of the initial members appointed under this amendatory Act
of the 93rd General Assembly, the Governor shall appoint 5
members whose terms shall expire on the third Monday in
January 2005, 5 members whose terms shall expire on the third
Monday in January 2007, and 5 members whose terms shall expire
on the third Monday in January 2009. Their respective
successors shall be appointed for terms of 6 years from the
third Monday in January of the year of appointment. Each
member shall serve until his or her successor is appointed and
qualified.
Any member may be removed by the Governor for
incompetence, neglect of duty, malfeasance or inability to
serve.
(d) The Chairman of the Board shall be its chief executive
and administrative officer. The Board may have an Executive
Director; if so, the Executive Director shall be appointed by
the Governor with the advice and consent of the Senate. The
salary and duties of the Executive Director shall be fixed by
the Board.

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(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
Sec. 3-3-4. Preparation for parole hearing.
(a) The Prisoner Review Board shall consider the parole of
each eligible person committed to the Department of
Corrections at least 30 days prior to the date he or she shall
first become eligible for parole.
(b) A person eligible for parole shall, no less than 15
days in advance of his or her parole interview, prepare a
parole plan in accordance with the rules of the Prisoner
Review Board. The person shall be assisted in preparing his or
her parole plan by personnel of the Department of Corrections,
and may, for this purpose, be released on furlough under
Article 11. The Department shall also provide assistance in
obtaining information and records helpful to the individual
for his or her parole hearing. If the person eligible for
parole has a petition or any written submissions prepared on
his or her behalf by an attorney or other representative, the
attorney or representative for the person eligible for parole
must serve by certified mail the State's Attorney of the
county where he or she was prosecuted with the petition or any
written submissions 15 days after his or her parole interview.
The State's Attorney shall provide the attorney for the person
eligible for parole with a copy of his or her letter in
opposition to parole via certified mail within 5 business days

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of the en banc hearing.
(c) Any member of the Board shall have access at all
reasonable times to any committed person and to his or her
master record file within the Department, and the Department
shall furnish such a report to the Board concerning the
conduct and character of any such person prior to his or her
parole interview.
(d) In making its determination of parole, the Board shall
consider:
(1) (blank);
(2) the report under Section 3-8-2 or 3-10-2;
(3) a report by the Department and any report by the
chief administrative officer of the institution or
facility;
(4) a parole progress report;
(5) a medical and psychological report, if requested
by the Board;
(6) material in writing, or on film, video tape or
other electronic means in the form of a recording
submitted by the person whose parole is being considered;
(7) material in writing, or on film, video tape or
other electronic means in the form of a recording or
testimony submitted by the State's Attorney and the victim
or a concerned citizen pursuant to the Rights of Crime
Victims and Witnesses Act; and
(8) the person's eligibility for commitment under the

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Sexually Violent Persons Commitment Act; and .
(9) any prior or current orders of protection, civil
no contact orders, or stalking no contact orders against
the person or any pending petition for an order of
protection, civil no contact order, or stalking no contact
order against the person.
(e) The prosecuting State's Attorney's office shall
receive from the Board reasonable written notice not less than
30 days prior to the parole interview and may submit relevant
information by oral argument or testimony of victims and
concerned citizens, or both, in writing, or on film, video
tape or other electronic means or in the form of a recording to
the Board for its consideration. Upon written request of the
State's Attorney's office, the Prisoner Review Board shall
hear protests to parole, except in counties of 1,500,000 or
more inhabitants where there shall be standing objections to
all such petitions. If a State's Attorney who represents a
county of less than 1,500,000 inhabitants requests a protest
hearing, the inmate's counsel or other representative shall
also receive notice of such request. This hearing shall take
place the month following the inmate's parole interview. If
the inmate's parole interview is rescheduled then the Prisoner
Review Board shall promptly notify the State's Attorney of the
new date. The person eligible for parole shall be heard at the
next scheduled en banc hearing date. If the case is to be
continued, the State's Attorney's office and the attorney or

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representative for the person eligible for parole will be
notified of any continuance within 5 business days. The
State's Attorney may waive the written notice.
(f) The victim of the violent crime for which the prisoner
has been sentenced shall receive notice of a parole hearing as
provided in paragraph (4) of subsection (d) of Section 4.5 of
the Rights of Crime Victims and Witnesses Act.
(g) Any recording considered under the provisions of
subsection (d)(6), (d)(7) or (e) of this Section shall be in
the form designated by the Board. Such recording shall be both
visual and aural. Every voice on the recording and person
present shall be identified and the recording shall contain
either a visual or aural statement of the person submitting
such recording, the date of the recording and the name of the
person whose parole eligibility is being considered. Such
recordings shall be retained by the Board and shall be deemed
to be submitted at any subsequent parole hearing if the victim
or State's Attorney submits in writing a declaration clearly
identifying such recording as representing the present
position of the victim or State's Attorney regarding the
issues to be considered at the parole hearing.
(h) The Board shall not release any material to the
inmate, the inmate's attorney, any third party, or any other
person containing any information from a victim who has
written objections, testified at any hearing, or submitted
audio or visual objections to the inmate's parole, unless

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