Bill Text: IL HB1064 | 2021-2022 | 102nd General Assembly | Enrolled
Bill Title: Amends the Unified Code of Corrections. Provides that a person who was under the age of 21 and is serving a sentence for first degree murder or a term of natural life imprisonment shall be eligible for parole review by the Prisoner Review Board after serving 40 years or more of his or her sentence or sentences.
Spectrum: Strong Partisan Bill (Democrat 15-1)
Status: (Enrolled - Dead) 2023-01-10 - Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter [HB1064 Detail]
Download: Illinois-2021-HB1064-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-4.5-115 as follows:
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6 | (730 ILCS 5/5-4.5-115) | ||||||
7 | Sec. 5-4.5-115. Parole review of persons under the age of | ||||||
8 | 21 at the time of the commission of an offense. | ||||||
9 | (a) For purposes of this Section, "victim" means a victim | ||||||
10 | of a violent crime as defined in subsection (a) of Section 3 of | ||||||
11 | the Rights of Crime Victims and Witnesses Act including a | ||||||
12 | witness as defined in subsection (b) of Section 3 of the Rights | ||||||
13 | of Crime Victims and Witnesses Act; any person legally related | ||||||
14 | to the victim by blood, marriage, adoption, or guardianship; | ||||||
15 | any friend of the victim; or any concerned citizen. | ||||||
16 | (b) A person under 21 years of age at the time of the | ||||||
17 | commission of an offense or offenses, other than first degree | ||||||
18 | murder, and who is not serving a sentence for first degree | ||||||
19 | murder and who is sentenced on or after June 1, 2019 (the | ||||||
20 | effective date of Public Act 100-1182) shall be eligible for | ||||||
21 | parole review by the Prisoner Review Board after serving 10 | ||||||
22 | years or more of his or her sentence or sentences, except for | ||||||
23 | those serving a sentence or sentences for: (1) aggravated |
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1 | criminal sexual assault who shall be eligible for parole | ||||||
2 | review by the Prisoner Review Board after serving 20 years or | ||||||
3 | more of his or her sentence or sentences or (2) predatory | ||||||
4 | criminal sexual assault of a child who shall not be eligible | ||||||
5 | for parole review by the Prisoner Review Board under this | ||||||
6 | Section. A person under 21 years of age at the time of the | ||||||
7 | commission of first degree murder who is sentenced on or after | ||||||
8 | June 1, 2019 (the effective date of Public Act 100-1182) shall | ||||||
9 | be eligible for parole review by the Prisoner Review Board | ||||||
10 | after serving
20 years or more of his or her sentence or | ||||||
11 | sentences, except for those subject to a term of natural life | ||||||
12 | imprisonment under Section 5-8-1 of this Code or any person | ||||||
13 | subject to sentencing under subsection (c) of Section | ||||||
14 | 5-4.5-105 of this Code , who shall be eligible for parole | ||||||
15 | review by the Prisoner Review Board after serving 40 years or | ||||||
16 | more of his or her sentence or sentences . | ||||||
17 | (c) Three years prior to becoming eligible for parole | ||||||
18 | review, the eligible person may file his or her petition for | ||||||
19 | parole review with the Prisoner Review Board.
The petition | ||||||
20 | shall include a copy of the order of commitment and sentence to | ||||||
21 | the Department of Corrections for the offense or offenses for | ||||||
22 | which review is sought. Within 30 days of receipt of this | ||||||
23 | petition, the Prisoner Review Board shall determine whether | ||||||
24 | the petition is appropriately filed, and if so, shall set a | ||||||
25 | date for parole review 3 years from receipt of the petition and | ||||||
26 | notify the Department of Corrections within 10 business days. |
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1 | If the Prisoner Review Board determines that the petition is | ||||||
2 | not appropriately filed, it shall notify the petitioner in | ||||||
3 | writing, including a basis for its determination. | ||||||
4 | (d) Within 6 months of the Prisoner Review Board's | ||||||
5 | determination that the petition was appropriately filed, a | ||||||
6 | representative from the Department of Corrections shall meet | ||||||
7 | with the eligible person and
provide the inmate information | ||||||
8 | about the parole hearing process and personalized | ||||||
9 | recommendations for the inmate regarding his or her work | ||||||
10 | assignments, rehabilitative programs, and institutional | ||||||
11 | behavior. Following this meeting, the eligible person has 7 | ||||||
12 | calendar days to file a written request to the representative | ||||||
13 | from the Department of Corrections who met with the eligible | ||||||
14 | person of any additional programs and services which the | ||||||
15 | eligible person believes should be made available to prepare | ||||||
16 | the eligible person for return to the community. | ||||||
17 | (e) One year prior to the person being eligible for | ||||||
18 | parole, counsel shall be appointed by the Prisoner Review | ||||||
19 | Board upon a finding of indigency. The eligible person may | ||||||
20 | waive appointed counsel or retain his or her own counsel at his | ||||||
21 | or her own expense. | ||||||
22 | (f) Nine months prior to the hearing, the Prisoner Review | ||||||
23 | Board shall provide the eligible person, and his or her | ||||||
24 | counsel, any written documents or materials it will be | ||||||
25 | considering in making its decision unless the written | ||||||
26 | documents or materials are specifically found to: (1) include |
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1 | information which, if disclosed, would damage the therapeutic | ||||||
2 | relationship between the inmate and a mental health | ||||||
3 | professional; (2) subject any person to the actual risk of | ||||||
4 | physical harm; (3) threaten the safety or security of the | ||||||
5 | Department or an institution. In accordance with Section | ||||||
6 | 4.5(d)(4) of the Rights of Crime Victims and Witnesses Act and | ||||||
7 | Section 10 of the Open Parole Hearings Act, victim statements | ||||||
8 | provided to the Board shall be confidential and privileged, | ||||||
9 | including any statements received prior to the effective date | ||||||
10 | of this amendatory Act of the 101st General Assembly, except | ||||||
11 | if the statement was an oral statement made by the victim at a | ||||||
12 | hearing open to the public. Victim statements shall not be | ||||||
13 | considered public documents under the provisions of the | ||||||
14 | Freedom of Information Act. The inmate or his or her attorney | ||||||
15 | shall not be given a copy of the statement, but shall be | ||||||
16 | informed of the existence of a victim statement and the | ||||||
17 | position taken by the victim on the inmate's request for | ||||||
18 | parole. This shall not be construed to permit disclosure to an | ||||||
19 | inmate of any information which might result in the risk of | ||||||
20 | threats or physical harm to a victim. The Prisoner Review | ||||||
21 | Board shall have an ongoing duty to provide the eligible | ||||||
22 | person, and his or her counsel, with any further documents or | ||||||
23 | materials that come into its possession prior to the hearing | ||||||
24 | subject to the limitations contained in this subsection. | ||||||
25 | (g) Not less than 12 months prior to the hearing, the | ||||||
26 | Prisoner Review Board shall provide notification to the |
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1 | State's Attorney of the county from which the person was | ||||||
2 | committed and written notification to the victim or family of | ||||||
3 | the victim of the scheduled hearing place, date, and | ||||||
4 | approximate time. The written notification shall contain: (1) | ||||||
5 | information about
their right to be present, appear in person | ||||||
6 | at the parole hearing, and their right to
make an oral | ||||||
7 | statement and submit information in writing, by videotape, | ||||||
8 | tape
recording, or other electronic means; (2) a toll-free | ||||||
9 | number to call for further
information about the parole review | ||||||
10 | process; and (3) information regarding
available resources, | ||||||
11 | including trauma-informed therapy, they may access. If the | ||||||
12 | Board does not have knowledge of the current address of the | ||||||
13 | victim or family of the victim, it shall notify the State's | ||||||
14 | Attorney of the county of commitment and request assistance in | ||||||
15 | locating the victim or family of the victim. Those victims or | ||||||
16 | family of the victims who advise the Board in writing that they | ||||||
17 | no longer wish to be notified shall not receive future | ||||||
18 | notices. A victim shall have the right to submit information | ||||||
19 | by videotape, tape recording, or other electronic means. The | ||||||
20 | victim may submit this material prior to or at the parole | ||||||
21 | hearing. The victim also has the right to be heard at the | ||||||
22 | parole hearing. | ||||||
23 | (h) The hearing conducted by the Prisoner Review Board | ||||||
24 | shall be governed by Sections 15 and 20, subsection (f) of | ||||||
25 | Section 5, subsections (a), (a-5), (b), (b-5), and (c) of | ||||||
26 | Section 10, and subsection (d) of Section 25 of the Open Parole |
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1 | Hearings Act and Part 1610 of Title 20 of the Illinois | ||||||
2 | Administrative Code. The eligible person has a right to be | ||||||
3 | present at the Prisoner Review Board hearing, unless the | ||||||
4 | Prisoner Review Board determines the eligible person's | ||||||
5 | presence is unduly burdensome when conducting a hearing under | ||||||
6 | paragraph (6.6) of subsection (a) of Section 3-3-2 of this | ||||||
7 | Code. If a psychological evaluation is submitted for the | ||||||
8 | Prisoner Review Board's consideration, it shall be prepared by | ||||||
9 | a person who has expertise in adolescent brain development and | ||||||
10 | behavior, and shall take into consideration the diminished | ||||||
11 | culpability of youthful offenders, the hallmark features of | ||||||
12 | youth, and any subsequent growth and increased maturity of the | ||||||
13 | person. At the hearing, the eligible person shall have the | ||||||
14 | right to make a statement on his or her own behalf. | ||||||
15 | (i) Only upon motion for good cause shall the date for the | ||||||
16 | Prisoner Review Board hearing, as set by subsection (b) of | ||||||
17 | this Section, be changed. No less than 15 days prior to the | ||||||
18 | hearing, the Prisoner Review Board shall notify the victim or | ||||||
19 | victim representative, the attorney, and the eligible person | ||||||
20 | of the exact date and time of the hearing. All hearings shall | ||||||
21 | be open to the public. | ||||||
22 | (j) The Prisoner Review Board shall not parole the | ||||||
23 | eligible person if it determines that: | ||||||
24 | (1) there is a substantial risk that the eligible | ||||||
25 | person will not conform to reasonable conditions of parole | ||||||
26 | or aftercare release; or |
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1 | (2) the eligible person's release at that time would | ||||||
2 | deprecate the seriousness of his or her offense or promote | ||||||
3 | disrespect for the law; or | ||||||
4 | (3) the eligible person's release would have a | ||||||
5 | substantially adverse effect on institutional discipline. | ||||||
6 | In considering the factors affecting the release | ||||||
7 | determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner | ||||||
8 | Review Board panel shall consider the diminished culpability | ||||||
9 | of youthful offenders, the hallmark features of youth, and any | ||||||
10 | subsequent growth and maturity of the youthful offender during | ||||||
11 | incarceration. | ||||||
12 | (k) Unless denied parole under subsection (j) of this | ||||||
13 | Section and subject to the provisions of Section 3-3-9 of this | ||||||
14 | Code: (1) the eligible person serving a sentence for any | ||||||
15 | non-first degree murder offense or offenses, shall be released | ||||||
16 | on parole which shall operate to discharge any remaining term | ||||||
17 | of years sentence imposed upon him or her, notwithstanding any | ||||||
18 | required mandatory supervised release period the eligible | ||||||
19 | person is required to serve; and (2) the eligible person | ||||||
20 | serving a sentence for any first degree murder offense, shall | ||||||
21 | be released on mandatory supervised release for a period of 10 | ||||||
22 | years subject to Section 3-3-8, which shall operate to | ||||||
23 | discharge any remaining term of years sentence imposed upon | ||||||
24 | him or her, however in no event shall the eligible person serve | ||||||
25 | a period of mandatory supervised release greater than the | ||||||
26 | aggregate of the discharged underlying sentence and the |
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1 | mandatory supervised release period as sent forth in Section | ||||||
2 | 5-4.5-20. | ||||||
3 | (l) If the Prisoner Review Board denies parole after | ||||||
4 | conducting the hearing under
subsection (j) of this Section, | ||||||
5 | it shall issue a written decision which states the
rationale | ||||||
6 | for denial, including the primary factors considered. This | ||||||
7 | decision shall
be provided to the eligible person and his or | ||||||
8 | her counsel within 30 days. | ||||||
9 | (m) A person denied parole under subsection (j) of this | ||||||
10 | Section, who is not
serving a sentence for either first degree | ||||||
11 | murder or aggravated criminal sexual
assault, shall be | ||||||
12 | eligible for a second parole review by the Prisoner Review | ||||||
13 | Board
5 years after the written decision under subsection (l) | ||||||
14 | of this Section; a person
denied parole under subsection (j) | ||||||
15 | of this Section, who is serving a sentence or
sentences for | ||||||
16 | first degree murder or aggravated criminal sexual assault | ||||||
17 | shall be
eligible for a second and final parole review by the | ||||||
18 | Prisoner Review Board 10
years after the written decision | ||||||
19 | under subsection (k) of this Section. The
procedures for a | ||||||
20 | second parole review shall be governed by subsections (c)
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21 | through (k) of this Section. | ||||||
22 | (n) A person denied parole under subsection (m) of this | ||||||
23 | Section, who is not
serving a sentence for either first degree | ||||||
24 | murder or aggravated criminal sexual
assault, shall be | ||||||
25 | eligible for a third and final parole review by the Prisoner | ||||||
26 | Review
Board 5 years after the written decision under |
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1 | subsection (l) of this Section. The
procedures for the third | ||||||
2 | and final parole review shall be governed by subsections
(c) | ||||||
3 | through (k) of this Section. | ||||||
4 | (o) Notwithstanding anything else to the contrary in this | ||||||
5 | Section, nothing in this Section shall be construed to delay | ||||||
6 | parole or mandatory supervised release consideration for | ||||||
7 | petitioners who are or will be eligible for release earlier | ||||||
8 | than this Section provides. Nothing in this Section shall be | ||||||
9 | construed as a limit, substitution, or bar on a person's right | ||||||
10 | to sentencing relief, or any other manner of relief, obtained | ||||||
11 | by order of a court in proceedings other than as provided in | ||||||
12 | this Section.
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13 | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
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