Bill Text: IL HB3373 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary, any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, or the Habeas Corpus Article or the relief from judgments provision of the Code of Civil Procedure, a person serving terms of imprisonment, including terms of natural life, in a Department of Corrections institution or facility is eligible for earned reentry if he or she has served a term of imprisonment specified as follows: (1) for the first year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 35 consecutive years: (2) for the second year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 25 consecutive years; and (3) for the third year following the effective date of the amendatory Act and each year thereafter, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 20 consecutive years. Establishes factors that the Prisoner Review Board shall consider in determining whether a candidate should obtain earned reentry. Provides that every incarcerated person may bring legal counsel or an advocate of his or her choice to the earned reentry hearing. Provides that an incarcerated person may not be barred from any programming because his or her maximum out date is not in the near future. Provides that every incarcerated person may attend and testify at his or her earned reentry hearing in person or by video-conference or may have counsel or an advocate read a statement. Provides that hearings for earned reentry shall be administered by the Prisoner Review Board. Effective January 1, 2024.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-04-18 - Added Co-Sponsor Rep. William "Will" Davis [HB3373 Detail]

Download: Illinois-2023-HB3373-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3373 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-3 from Ch. 38, par. 1003-3-3
730 ILCS 5/3-3-3.1 new
730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
Amends the Unified Code of Corrections. Provides that notwithstanding to the contrary, any provision of the Code, the Post-Conviction Hearing Article of the Code of Criminal Procedure of 1963, or the Habeas Corpus Article or the relief from judgments provision of the Code of Civil Procedure, a person serving terms of imprisonment, including terms of natural life, in a Department of Corrections institution or facility is eligible for earned reentry if he or she has served a term of imprisonment specified as follows: (1) for the first year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 35 consecutive years: (2) for the second year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 25 consecutive years; and (3) for the third year following the effective date of the amendatory Act and each year thereafter, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 20 consecutive years. Establishes factors that the Prisoner Review Board shall consider in determining whether a candidate should obtain earned reentry. Provides that every incarcerated person may bring legal counsel or an advocate of his or her choice to the earned reentry hearing. Provides that an incarcerated person may not be barred from any programming because his or her maximum out date is not in the near future. Provides that every incarcerated person may attend and testify at his or her earned reentry hearing in person or by video-conference or may have counsel or an advocate read a statement. Provides that hearings for earned reentry shall be administered by the Prisoner Review Board. Effective January 1, 2024.
LRB103 29405 RLC 55796 b
A BILL FOR
HB3373 LRB103 29405 RLC 55796 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Preamble. In recognition of the historical
harms of systemic racism and overly punitive sentencing, as
well as concerns to address mass incarceration and safely
reduce the prison population, this Act is needed to ensure
that persons are not serving excessive sentences with no
public benefit. By utilizing and extending existing review
mechanisms, this Act will reduce unnecessary incarceration,
reduce costs of incarceration, provide incentive to people
with long sentences to prepare for productive lives, make
prisons safer for incarcerated persons and prison staff, and
help bring the State in compliance with Section 11 of Article I
of the Illinois Constitution, which mandates that all
penalties aim to restore incarcerated people to useful
citizenship.
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-3-3 and 3-5-1 and by adding Section
3-3-3.1 as follows:
(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
Sec. 3-3-3. Eligibility for parole or release.

HB3373 - 2 - LRB103 29405 RLC 55796 b
(a) Except as otherwise provided in Section 3-3-3.1 and
except Except for those offenders who accept the fixed release
date established by the Prisoner Review Board under Section
3-3-2.1, every person serving a term of imprisonment under the
law in effect prior to the effective date of this amendatory
Act of 1977 shall be eligible for parole when he or she has
served:
(1) the minimum term of an indeterminate sentence less
time credit for good behavior, or 20 years less time
credit for good behavior, whichever is less; or
(2) 20 years of a life sentence less time credit for
good behavior; or
(3) 20 years or one-third of a determinate sentence,
whichever is less, less time credit for good behavior.
(b) Except as otherwise provided in Section 3-3-3.1, no No
person sentenced under this amendatory Act of 1977 or who
accepts a release date under Section 3-3-2.1 shall be eligible
for parole.
(c) Except as otherwise provided in Section 3-3-3.1, and
except Except for those sentenced to a term of natural life
imprisonment, every person sentenced to imprisonment under
this amendatory Act of 1977 or given a release date under
Section 3-3-2.1 of this Act shall serve the full term of a
determinate sentence less time credit for good behavior and
shall then be released under the mandatory supervised release
provisions of paragraph (d) of Section 5-8-1 of this Code.

HB3373 - 3 - LRB103 29405 RLC 55796 b
(d) (Blank). No person serving a term of natural life
imprisonment may be paroled or released except through
executive clemency.
(e) Every person committed to the Department of Juvenile
Justice under the Juvenile Court Act of 1987 and confined in
the State correctional institutions or facilities if such
juvenile has not been tried as an adult shall be eligible for
aftercare release under Section 3-2.5-85 of this Code.
However, if a juvenile has been tried as an adult he or she
shall only be eligible for parole or mandatory supervised
release as an adult under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
(730 ILCS 5/3-3-3.1 new)
Sec. 3-3-3.1. Earned reentry; earned reentry hearings;
sentences of 20 years or longer; life imprisonment; reentry.
(a) Definition. "Earned reentry" means the termination of
an incarcerated person's sentence that he or she is granted by
the Prisoner Review Board as provided in this Act; if an
incarcerated person is granted earned reentry, his or her
sentence shall be considered complete after the term of
mandatory supervised release.
(b) Notwithstanding to the contrary, any provision of this
Code, Article 122 of the Code of Criminal Procedure of 1963, or
Article X or Section 2-1401 of the Code of Civil Procedure, a
person serving terms of imprisonment, including terms of

HB3373 - 4 - LRB103 29405 RLC 55796 b
natural life, in a Department of Corrections institution or
facility is eligible for earned reentry under this Article if
he or she has served a term of imprisonment specified in
subsection (d). Hearings for earned reentry shall be
administered by the Prisoner Review Board.
(c) The Prisoner Review Board shall contact persons
eligible for earned reentry and conduct hearings to determine
whether they shall obtain earned reentry as provided by this
Article and the Open Parole Hearings Act unless otherwise
specified in this Section.
(d) Implementation schedule. For the first year following
the effective date of this amendatory Act of the 103rd General
Assembly, a person is eligible for earned reentry under this
Section if he or she has served a term of imprisonment of at
least 35 consecutive years. For the second year following the
effective date of this amendatory Act of the 103rd General
Assembly, a person is eligible for earned reentry under this
Section if he or she has served a term of imprisonment of at
least 25 consecutive years. For the third year following the
effective date of this amendatory Act of the 103rd General
Assembly and each year thereafter, a person is eligible for
earned reentry under this Section if he or she has served a
term of imprisonment of at least 20 consecutive years.
(e) Victims and victims' families shall be notified in a
timely manner and provided an opportunity to participate in
the hearing in accordance with the Rights of Crime Victims and

HB3373 - 5 - LRB103 29405 RLC 55796 b
Witnesses Act, the Open Parole Hearings Act, and this Article.
(f) In determining whether a candidate should obtain
earned reentry, the Prisoner Review Board shall consider the
following factors:
(1) a statement, oral or written, by the candidate as
to the reasons why he or she should obtain earned reentry;
(2) any of evidence of the candidate's rehabilitation
during the period of his or her incarceration, including
remorse for any criminal acts, if applicable;
(3) any evidence of the likelihood that the candidate
will not recidivate;
(4) any character references, letters of support from
family or community members, or references by staff,
volunteers, or incarcerated persons in the Department of
Corrections;
(5) any evidence of the candidate's participation in
educational, vocational, substance abuse, behavior
modification, life skills, or reentry planning programs;
(6) the candidate's disciplinary record while
incarcerated;
(7) the candidate's employment history while
incarcerated;
(8) the candidate's criminal history; and
(9) the candidate's parole plan, including plans for
housing, employment, and community support upon release
from incarceration.

HB3373 - 6 - LRB103 29405 RLC 55796 b
(g) If the programs or employment opportunities described
in this Section were not available to this candidate, the
Board shall not penalize the candidate for failure to
participate in them; nor shall the board penalize a candidate
for choosing not to work for the Department of Corrections;
nor shall the Board penalize a candidate for maintaining his
or her claim of innocence.
(h) Notification. The Prisoner Review Board shall notify
all persons who become eligible for earned reentry subsection
(d) within 2 months of their becoming eligible and inform them
that the Prisoner Review Board will consider them for earned
reentry.
(i) Hearings.
(1) Hearings under this Section shall be conducted by
a panel of at least 3 members of the Board. A majority vote
of the members present and voting at the hearing is
required to grant the candidate earned reentry.
(2) In the first 2 years following the effective date
of this amendatory Act of the 103rd General Assembly,
hearings shall be held for each eligible person (who has
not deferred) within one year of the person becoming
eligible as specified in subsection (d). Beginning the
third year following the effective date of this amendatory
Act of the 103rd General Assembly and every year
thereafter, hearings shall be held for each eligible
person (who has not deferred) within 8 months of the

HB3373 - 7 - LRB103 29405 RLC 55796 b
person becoming eligible as specified in subsection (d).
(j) Deferrals. Any person who is notified of their eligibility
for earned reentry under this Section may defer their
eligibility for 2 years by notifying the Prisoner Review
Board within 3 months of receiving notification of
eligibility.
(k) If earned reentry is denied under this Section, the
Board shall provide a written statement to the candidate that
shall include the reasons for the denial, what the candidate
must accomplish to attain earned reentry in the future; and
when the candidate is eligible to reapply for earned reentry,
which shall be no later than 2 years after the denial. The
candidate may seek a continuance of up to 2 additional years.
(l) An incarcerated person described in this Section may
not be barred from any programming because his or her maximum
out date is not in the near future.
(m) Every incarcerated person described in this Section
may bring legal counsel or an advocate of his or her choice to
the earned reentry hearing.
(n) Every incarcerated person described in this Section
may attend and testify at his or her earned reentry hearing in
person or by video-conference or may have counsel or an
advocate read a statement.
(o) Every incarcerated person described in this Section
shall be provided full and complete access to his or her master
record file, with the exception of the names of verified

HB3373 - 8 - LRB103 29405 RLC 55796 b
confidential informants, at least 60 days prior to any earned
reentry hearing. The incarcerated person has a right to
challenge any false, misleading, or otherwise inaccurate
information contained therein. The Department of Corrections
shall establish an expedited process for incarcerated persons
to challenge such false, misleading, or otherwise inaccurate
information so that it can be removed prior to any earned
reentry hearing. Every incarcerated person described in this
section may have counsel assist them in challenging inaccurate
information.
(p) This Section applies retroactively to every person
currently serving a term of imprisonment in a Department of
Corrections institution or facility, which is necessary in
order to serve the important objectives listed in the
preamble, including that of restoring incarcerated individuals
to useful citizenship, as required by Section 11 of Article I
of the Illinois Constitution.
(q) Nothing in this Section guarantees release. It only
provides the opportunity for the incarcerated person to
demonstrate his or her readiness to obtain earned reentry.
(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
Sec. 3-5-1. Master Record File.
(a) The Department of Corrections and the Department of
Juvenile Justice shall maintain a master record file on each
person committed to it, which shall contain the following

HB3373 - 9 - LRB103 29405 RLC 55796 b
information:
(1) all information from the committing court;
(1.5) ethnic and racial background data collected in
accordance with Section 4.5 of the Criminal Identification
Act;
(2) reception summary;
(3) evaluation and assignment reports and
recommendations;
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
disposition, including tickets and Administrative Review
Board action;
(6) any parole or aftercare release plan;
(7) any parole or aftercare release reports;
(8) the date and circumstances of final discharge;
(9) criminal history;
(10) current and past gang affiliations and ranks;
(11) information regarding associations and family
relationships;
(12) any grievances filed and responses to those
grievances; and
(13) other information that the respective Department
determines is relevant to the secure confinement and
rehabilitation of the committed person.
(b) Except as otherwise provided in Section 3-3-3.1, all
All files shall be confidential and access shall be limited to

HB3373 - 10 - LRB103 29405 RLC 55796 b
authorized personnel of the respective Department or by
disclosure in accordance with a court order or subpoena.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations
of the respective Department. The respective Department shall
keep a record of all outside personnel who have access to
files, the files reviewed, any file material copied, and the
purpose of access. If the respective Department or the
Prisoner Review Board makes a determination under this Code
which affects the length of the period of confinement or
commitment, the committed person and his counsel shall be
advised of factual information relied upon by the respective
Department or Board to make the determination, provided that
the Department or Board shall not be required to advise a
person committed to the Department of Juvenile Justice any
such information which in the opinion of the Department of
Juvenile Justice or Board would be detrimental to his
treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective
Department in charge of the person. When custody of a person is
transferred from the Department to another department or
agency, a summary of the file shall be forwarded to the
receiving agency with such other information required by law
or requested by the agency under rules and regulations of the
respective Department.

HB3373 - 11 - LRB103 29405 RLC 55796 b
(d) The master file of a person no longer in the custody of
the respective Department shall be placed on inactive status
and its use shall be restricted subject to rules and
regulations of the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not
otherwise privileged as a matter of law in their possession in
respect to individuals committed to the respective Department.
(f) A committed person may request a summary of the
committed person's master record file once per year and the
committed person's attorney may request one summary of the
committed person's master record file once per year. The
Department shall create a form for requesting this summary,
and shall make that form available to committed persons and to
the public on its website. Upon receipt of the request form,
the Department shall provide the summary within 15 days. The
summary must contain, unless otherwise prohibited by law:
(1) the person's name, ethnic, racial, and other
identifying information;
(2) all digitally available information from the
committing court;
(3) all information in the Offender 360 system on the
person's criminal history;
(4) the person's complete assignment history in the
Department of Corrections;
(5) the person's disciplinary card;

HB3373 - 12 - LRB103 29405 RLC 55796 b
(6) additional records about up to 3 specific
disciplinary incidents as identified by the requester;
(7) any available records about up to 5 specific
grievances filed by the person, as identified by the
requester; and
(8) the records of all grievances filed on or after
January 1, 2023.
Notwithstanding any provision of this subsection (f) to
the contrary, a committed person's master record file is not
subject to disclosure and copying under the Freedom of
Information Act.
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
revised 12-14-22.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect January
1, 2024.