Bill Text: IL HB5801 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Notwithstanding any provision of law to the contrary, a person serving a term of imprisonment in a Department of Corrections institution or facility is eligible for Earned Discretionary Release and a parole hearing if he or she has served the greater of: (1) a term of imprisonment of at least 20 years; (2) 25% of his or her sentence; or (3) the minimum term of imprisonment for the most serious offense for which the person was convicted. Provides that a person serving a term of natural life imprisonment is eligible for Earned Discretionary Release and a parole hearing after serving a term of imprisonment of at least 20 years. Provides that each committed person eligible for Earned Discretionary Release on the effective date of the amendatory Act shall receive a risk assessment within one year after the effective date of the amendatory Act. Deletes language providing that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Contains a severability provision.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-10 - Referred to Rules Committee [HB5801 Detail]

Download: Illinois-2019-HB5801-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5801 Introduced , by Rep. Jonathan "Yoni" Pizer 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. Notwithstanding any provision of law to the contrary, a person serving a term of imprisonment in a Department of Corrections institution or facility is eligible for Earned Discretionary Release and a parole hearing if he or she has served the greater of: (1) a term of imprisonment of at least 20 years; (2) 25% of his or her sentence; or (3) the minimum term of imprisonment for the most serious offense for which the person was convicted. Provides that a person serving a term of natural life imprisonment is eligible for Earned Discretionary Release and a parole hearing after serving a term of imprisonment of at least 20 years. Provides that each committed person eligible for Earned Discretionary Release on the effective date of the amendatory Act shall receive a risk assessment within one year after the effective date of the amendatory Act. Deletes language providing that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Contains a severability provision.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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.
(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

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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.
(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 Discretionary Release; parole

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hearings; sentences of 20 years or longer; life imprisonment;
early release.
(a) Notwithstanding any provision of law to the contrary,
including, but not limited to, this Code, Article 122 of the
Code of Criminal Procedure of 1963, Article X of the Code of
Civil Procedure, or Section 2-1401 of the Code of Civil
Procedure, a person serving a term of imprisonment in a
Department of Corrections institution or facility is eligible
for Earned Discretionary Release and a parole hearing under
this Article if he or she has served the greater of:
(1) a term of imprisonment of at least 20 years;
(2) 25% of his or her sentence; or
(3) the minimum term of imprisonment for the most
serious offense for which the person was convicted.
A person serving a term of natural life imprisonment is
eligible for Earned Discretionary Release and a parole hearing
under this Article after serving a term of imprisonment of at
least 20 years. A person seeking early release under this
Section may petition the Prisoner Review Board in the same
manner as a person eligible for parole under Section 3-3-2.1 of
this Code and, unless otherwise provided in this Section, the
parole hearing shall be conducted as provided in this Article
and the Open Parole Hearings Act.
(b) Veterans, as defined in Section 10 of the Veterans and
Servicemembers Court Treatment Act, who have been honorably
discharged are eligible for additional sentence credit as

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determined by the Prisoner Review Board.
(c) A risk assessment instrument shall be used to evaluate
every committed person described in this Section at the time of
his or her admittance to an institution or facility of the
Department for the offense or offenses that resulted in the
person's sentence in order to determine the risk factors and
identify goals or behavior that the committed person needs to
achieve or change in order to be released.
(d) Each committed person eligible for Earned
Discretionary Release under this Section on the effective date
of this amendatory Act of the 101st General Assembly shall
receive a risk assessment within one year after the effective
date of this amendatory Act of the 101st General Assembly.
(e) Victims have the right to be present and involved in
the initial outlining of the goals for a committed person
described in this Section. Victims may have input into the
goals that must be achieved by a committed person before the
committed person may be released. The risk assessment
instrument shall be the primary factor for determining what
goals a committed person must accomplish before being released.
Each interested party may have meaningful input before the
determination of the committed person's final goals.
(f) On the effective date of this amendatory Act of the
101st General Assembly, prior evidence of the petitioner's
participation in rehabilitative programs shall be added to the
petitioner's master record file under Section 3-5-1 and shall

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be considered at the petitioner's parole hearing.
(g) The source code of any risk assessment instrument under
subsection (d) shall be made available to a panel composed of
representatives from the Illinois Criminal Justice Information
Authority and the Illinois Sentencing Policy Advisory Council
for periodic review for racial, religious, ethnic, gender,
sexual orientation, and socioeconomic biases.
(h) The Department has a duty to provide rehabilitative
programming for each committed person described in this
Section.
(i) A committed person described in this Section may not be
barred from rehabilitative programming because his or her
anticipated release is not in the near future.
(j) A committed person described in this Section during any
period of his or her imprisonment in a Department institution
or facility has the right to engage in rehabilitative
programming after meeting with a counselor and developing an
individualized plan of rehabilitation, which shall be made
available to the Prisoner Review Board prior to the parole
hearing.
(k) On the effective date of this amendatory Act of the
101st General Assembly, each correctional facility shall
comprehensively evaluate how well it facilitates relationships
between committed persons in its custody and their family
members. This includes, but is not limited to: visiting hours
and procedures, phone call protocol and costs, letter writing,

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and other factors deemed relevant by the Director of
Corrections.
(l) Every committed person described in this Section has
the right to legal representation at his or her parole hearing.
If the committed person cannot afford legal counsel, free legal
service representatives may be utilized.
(m) Every committed person described in this Section may
attend and testify at his or her parole hearing.
(n) Every committed person described in this Section shall
be provided full and complete access to his or her master
record file at least 60 days prior to any parole hearing. The
committed 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 committed persons to challenge such
false, misleading, or otherwise inaccurate information so that
it can be removed prior to any parole hearing.
(o) Nothing in this amendatory Act of the 101st General
Assembly guarantees release. This amendatory Act of the 101st
General Assembly only guarantees the opportunity of the
committed person to present evidence at his or her parole
hearing to demonstrate his or her rehabilitation before the
Prisoner Review Board and to seek Earned Discretionary Release.
(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
Sec. 3-5-1. Master Record File.

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(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
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

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rehabilitation of the committed person.
(b) Except as otherwise provided in subsection (n) of
Section 3-3-3.l, all All files shall be confidential and access
shall be limited to authorized personnel of the respective
Department. 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

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requested by the agency under rules and regulations of the
respective Department.
(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.
(Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15;
98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.