Bill Text: IL HB3712 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the establishment and appointment of the Prisoner Review Board.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3712 Detail]
Download: Illinois-2015-HB3712-Introduced.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 3-3-1 as follows:
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6 | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
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7 | Sec. 3-3-1. Establishment and Appointment of Prisoner | |||||||||||||||||||
8 | Review Board.
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9 | (a) There shall be a Prisoner Review Board independent of | |||||||||||||||||||
10 | the the Department
of Corrections which shall be:
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11 | (1) the paroling authority for persons sentenced under | |||||||||||||||||||
12 | the
law in effect prior to the effective date of this | |||||||||||||||||||
13 | amendatory
Act of 1977;
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14 | (1.5) the authority for hearing and deciding the time | |||||||||||||||||||
15 | of aftercare release for persons adjudicated delinquent | |||||||||||||||||||
16 | under the Juvenile Court Act of 1987;
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17 | (2) the board of review for cases involving the | |||||||||||||||||||
18 | revocation
of sentence credits or a suspension or reduction | |||||||||||||||||||
19 | in the
rate of accumulating the credit;
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20 | (3) the board of review and recommendation for the | |||||||||||||||||||
21 | exercise
of executive clemency by the Governor;
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22 | (4) the authority for establishing release dates for
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23 | 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,
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4 | mandatory supervised release under Section 5-8-1(a) of | ||||||
5 | this
Code, and aftercare release, and determining whether a | ||||||
6 | violation of those conditions
warrant revocation of | ||||||
7 | parole, aftercare release, or mandatory supervised release
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8 | or the imposition of other sanctions.
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9 | (b) The Board shall consist of 15 persons appointed by
the | ||||||
10 | Governor by and with the advice and consent of the Senate.
One | ||||||
11 | member of the Board shall be designated by the Governor
to be | ||||||
12 | Chairman and shall serve as Chairman at the pleasure of
the | ||||||
13 | Governor. The members of the Board shall have had at
least 5 | ||||||
14 | years of actual experience in the fields of penology,
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15 | corrections work, law enforcement, sociology, law, education,
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16 | social work, medicine, psychology, other behavioral sciences,
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17 | or a combination thereof. At least 6 members so appointed
must | ||||||
18 | have had at least 3 years experience in the field of
juvenile | ||||||
19 | matters. No more than 8 Board members may be members
of the | ||||||
20 | same political party.
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21 | Each member of the Board shall serve on a full-time basis
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22 | and shall not hold any other salaried public office, whether | ||||||
23 | elective or
appointive, nor any other office or position of | ||||||
24 | profit, nor engage in any
other business, employment, or | ||||||
25 | vocation. The Chairman of the Board shall
receive $35,000 a | ||||||
26 | year, or an amount set by the Compensation Review Board,
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1 | whichever is greater, and each other member $30,000, or an | ||||||
2 | amount set by the
Compensation Review Board, whichever is | ||||||
3 | greater.
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4 | (c) Notwithstanding any other provision of this Section,
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5 | the term of each member of the Board
who was appointed by the | ||||||
6 | Governor and is in office on June 30, 2003 shall
terminate at | ||||||
7 | the close of business on that date or when all of the successor
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8 | members to be appointed pursuant to this amendatory Act of the | ||||||
9 | 93rd General
Assembly have been appointed by the Governor, | ||||||
10 | whichever occurs later. As soon
as possible, the Governor shall | ||||||
11 | appoint persons to fill the vacancies created
by this | ||||||
12 | amendatory Act.
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13 | Of the initial members appointed under this amendatory Act | ||||||
14 | of the 93rd
General Assembly, the Governor shall appoint 5 | ||||||
15 | members whose terms shall expire
on the third Monday
in January | ||||||
16 | 2005, 5 members whose terms shall expire on the
third Monday in | ||||||
17 | January 2007, and 5 members whose terms
shall expire on the | ||||||
18 | third Monday in January 2009. Their respective successors
shall | ||||||
19 | be appointed for terms of 6 years from the third Monday
in | ||||||
20 | January of the year of appointment. Each member shall
serve | ||||||
21 | until his or her successor is appointed and qualified.
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22 | Any member may be removed by the Governor for incompetence, | ||||||
23 | neglect of duty,
malfeasance or inability to serve.
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24 | (d) The Chairman of the Board shall be its chief executive | ||||||
25 | and
administrative officer. The Board may have an Executive | ||||||
26 | Director; if so,
the Executive Director shall be appointed by |
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1 | the Governor with the advice and
consent of the Senate. The | ||||||
2 | salary and duties of the Executive Director shall
be fixed by | ||||||
3 | the Board.
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4 | (Source: P.A. 97-697, eff. 6-22-12; 98-558, eff. 1-1-14.)
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