Bill Text: IL SB3668 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that a person may not serve as a member of the Prisoner Review Board who has been convicted of a felony under the laws of this State, another state, or of the United States.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-21 - Referred to Assignments [SB3668 Detail]

Download: Illinois-2021-SB3668-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3668 Introduced 1/21/2022, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1
Amends the Unified Code of Corrections. Provides that a person may not serve as a member of the Prisoner Review Board who has been convicted of a felony under the laws of this State, another state, or of the United States.
LRB102 22478 RLC 31618 b
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 Section 3-3-1 as follows:
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
(Text of Section before amendment by P.A. 102-494)
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);
(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

SB3668 - 2 - LRB102 22478 RLC 31618 b
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;
and
(6) the authority for determining whether a violation
of aftercare release conditions warrant revocation of
aftercare release.
(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,
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.
Each member of the Board shall serve on a full-time basis
and shall not hold any other salaried public office, whether

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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
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.

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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.
(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
(Text of Section after amendment by P.A. 102-494)
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);
(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

SB3668 - 5 - LRB102 22478 RLC 31618 b
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,
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

SB3668 - 6 - LRB102 22478 RLC 31618 b
same political party. A person may not serve as a member of the
Prisoner Review Board who has been convicted of a felony under
the laws of this State, another state, or of the United States.
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
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

SB3668 - 7 - LRB102 22478 RLC 31618 b
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.
(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)