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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:
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| 730 ILCS 5/3-3-1 | from Ch. 38, par. 1003-3-1 |
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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.
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| | A BILL FOR |
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| | SB3668 | | LRB102 22478 RLC 31618 b |
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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 | | (Text of Section before amendment by P.A. 102-494)
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| 8 | | Sec. 3-3-1. Establishment and appointment of Prisoner |
| 9 | | Review Board.
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| 10 | | (a) There shall be a Prisoner Review Board independent of |
| 11 | | the Department
which shall be:
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| 12 | | (1) the paroling authority for persons sentenced under |
| 13 | | the
law in effect prior to the effective date of this |
| 14 | | amendatory
Act of 1977;
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| 15 | | (1.2) the paroling authority for persons eligible for |
| 16 | | parole review under Section 5-4.5-115; |
| 17 | | (1.5) (blank); |
| 18 | | (2) the board of review for cases involving the |
| 19 | | revocation
of sentence credits or a suspension or |
| 20 | | reduction in the
rate of accumulating the credit;
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| 21 | | (3) the board of review and recommendation for the |
| 22 | | exercise
of executive clemency by the Governor;
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| 23 | | (4) the authority for establishing release dates for
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| | SB3668 | - 2 - | LRB102 22478 RLC 31618 b |
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| 1 | | certain prisoners sentenced under the law in existence |
| 2 | | prior
to the effective date of this amendatory Act of |
| 3 | | 1977, in
accordance with Section 3-3-2.1 of this Code;
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| 4 | | (5) the authority for setting conditions for parole |
| 5 | | and
mandatory supervised release under Section 5-8-1(a) of |
| 6 | | this
Code, and determining whether a violation of those |
| 7 | | conditions
warrant revocation of parole or mandatory |
| 8 | | supervised release
or the imposition of other sanctions; |
| 9 | | and |
| 10 | | (6) the authority for determining whether a violation |
| 11 | | of aftercare release conditions warrant revocation of |
| 12 | | aftercare release.
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| 13 | | (b) The Board shall consist of 15 persons appointed by
the |
| 14 | | Governor by and with the advice and consent of the Senate.
One |
| 15 | | member of the Board shall be designated by the Governor
to be |
| 16 | | Chairman and shall serve as Chairman at the pleasure of
the |
| 17 | | Governor. The members of the Board shall have had at
least 5 |
| 18 | | years of actual experience in the fields of penology,
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| 19 | | corrections work, law enforcement, sociology, law, education,
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| 20 | | social work, medicine, psychology, other behavioral sciences,
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| 21 | | or a combination thereof. At least 6 members so appointed
must |
| 22 | | have at least 3 years experience in the field of
juvenile |
| 23 | | matters. No more than 8 Board members may be members
of the |
| 24 | | same political party.
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| 25 | | Each member of the Board shall serve on a full-time basis
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| 26 | | and shall not hold any other salaried public office, whether |
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| | SB3668 | - 3 - | LRB102 22478 RLC 31618 b |
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| 1 | | elective or
appointive, nor any other office or position of |
| 2 | | profit, nor engage in any
other business, employment, or |
| 3 | | vocation. The Chairman of the Board shall
receive $35,000 a |
| 4 | | year, or an amount set by the Compensation Review Board,
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| 5 | | whichever is greater, and each other member $30,000, or an |
| 6 | | amount set by the
Compensation Review Board, whichever is |
| 7 | | greater.
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| 8 | | (c) Notwithstanding any other provision of this Section,
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| 9 | | the term of each member of the Board
who was appointed by the |
| 10 | | Governor and is in office on June 30, 2003 shall
terminate at |
| 11 | | the close of business on that date or when all of the successor
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| 12 | | members to be appointed pursuant to this amendatory Act of the |
| 13 | | 93rd General
Assembly have been appointed by the Governor, |
| 14 | | whichever occurs later. As soon
as possible, the Governor |
| 15 | | shall appoint persons to fill the vacancies created
by this |
| 16 | | amendatory Act.
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| 17 | | Of the initial members appointed under this amendatory Act |
| 18 | | of the 93rd
General Assembly, the Governor shall appoint 5 |
| 19 | | members whose terms shall expire
on the third Monday
in |
| 20 | | January 2005, 5 members whose terms shall expire on the
third |
| 21 | | Monday in January 2007, and 5 members whose terms
shall expire |
| 22 | | on the third Monday in January 2009. Their respective |
| 23 | | successors
shall be appointed for terms of 6 years from the |
| 24 | | third Monday
in January of the year of appointment. Each |
| 25 | | member shall
serve until his or her successor is appointed and |
| 26 | | qualified.
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| | SB3668 | - 4 - | LRB102 22478 RLC 31618 b |
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| 1 | | Any member may be removed by the Governor for |
| 2 | | incompetence, neglect of duty,
malfeasance or inability to |
| 3 | | serve.
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| 4 | | (d) The Chairman of the Board shall be its chief executive |
| 5 | | and
administrative officer. The Board may have an Executive |
| 6 | | Director; if so,
the Executive Director shall be appointed by |
| 7 | | the Governor with the advice and
consent of the Senate. The |
| 8 | | salary and duties of the Executive Director shall
be fixed by |
| 9 | | the Board.
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| 10 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
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| 11 | | (Text of Section after amendment by P.A. 102-494) |
| 12 | | Sec. 3-3-1. Establishment and appointment of Prisoner |
| 13 | | Review Board.
|
| 14 | | (a) There shall be a Prisoner Review Board independent of |
| 15 | | the Department
which shall be:
|
| 16 | | (1) the paroling authority for persons sentenced under |
| 17 | | the
law in effect prior to the effective date of this |
| 18 | | amendatory
Act of 1977;
|
| 19 | | (1.2) the paroling authority for persons eligible for |
| 20 | | parole review under Section 5-4.5-115; |
| 21 | | (1.5) (blank); |
| 22 | | (2) the board of review for cases involving the |
| 23 | | revocation
of sentence credits or a suspension or |
| 24 | | reduction in the
rate of accumulating the credit;
|
| 25 | | (3) the board of review and recommendation for the |
|
| | SB3668 | - 5 - | LRB102 22478 RLC 31618 b |
|
|
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| 1 | | exercise
of executive clemency by the Governor;
|
| 2 | | (4) the authority for establishing release dates for
|
| 3 | | certain prisoners sentenced under the law in existence |
| 4 | | prior
to the effective date of this amendatory Act of |
| 5 | | 1977, in
accordance with Section 3-3-2.1 of this Code;
|
| 6 | | (5) the authority for setting conditions for parole |
| 7 | | and
mandatory supervised release under Section 5-8-1(a) of |
| 8 | | this
Code, and determining whether a violation of those |
| 9 | | conditions
warrant revocation of parole or mandatory |
| 10 | | supervised release
or the imposition of other sanctions; |
| 11 | | (6) the authority for determining whether a violation |
| 12 | | of aftercare release conditions warrant revocation of |
| 13 | | aftercare release; and
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| 14 | | (7) the authority to release medically infirm or |
| 15 | | disabled prisoners under Section 3-3-14. |
| 16 | | (b) The Board shall consist of 15 persons appointed by
the |
| 17 | | Governor by and with the advice and consent of the Senate.
One |
| 18 | | member of the Board shall be designated by the Governor
to be |
| 19 | | Chairman and shall serve as Chairman at the pleasure of
the |
| 20 | | Governor. The members of the Board shall have had at
least 5 |
| 21 | | years of actual experience in the fields of penology,
|
| 22 | | corrections work, law enforcement, sociology, law, education,
|
| 23 | | social work, medicine, psychology, other behavioral sciences,
|
| 24 | | or a combination thereof. At least 6 members so appointed
must |
| 25 | | have at least 3 years experience in the field of
juvenile |
| 26 | | matters. No more than 8 Board members may be members
of the |
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| | SB3668 | - 6 - | LRB102 22478 RLC 31618 b |
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| 1 | | same political party. A person may not serve as a member of the |
| 2 | | Prisoner Review Board who has been convicted of a felony under |
| 3 | | the laws of this State, another state, or of the United States.
|
| 4 | | Each member of the Board shall serve on a full-time basis
|
| 5 | | and shall not hold any other salaried public office, whether |
| 6 | | elective or
appointive, nor any other office or position of |
| 7 | | profit, nor engage in any
other business, employment, or |
| 8 | | vocation. The Chairman of the Board shall
receive $35,000 a |
| 9 | | year, or an amount set by the Compensation Review Board,
|
| 10 | | whichever is greater, and each other member $30,000, or an |
| 11 | | amount set by the
Compensation Review Board, whichever is |
| 12 | | greater.
|
| 13 | | (c) Notwithstanding any other provision of this Section,
|
| 14 | | the term of each member of the Board
who was appointed by the |
| 15 | | Governor and is in office on June 30, 2003 shall
terminate at |
| 16 | | the close of business on that date or when all of the successor
|
| 17 | | members to be appointed pursuant to this amendatory Act of the |
| 18 | | 93rd General
Assembly have been appointed by the Governor, |
| 19 | | whichever occurs later. As soon
as possible, the Governor |
| 20 | | shall appoint persons to fill the vacancies created
by this |
| 21 | | amendatory Act.
|
| 22 | | Of the initial members appointed under this amendatory Act |
| 23 | | of the 93rd
General Assembly, the Governor shall appoint 5 |
| 24 | | members whose terms shall expire
on the third Monday
in |
| 25 | | January 2005, 5 members whose terms shall expire on the
third |
| 26 | | Monday in January 2007, and 5 members whose terms
shall expire |
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| | SB3668 | - 7 - | LRB102 22478 RLC 31618 b |
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| 1 | | on the third Monday in January 2009. Their respective |
| 2 | | successors
shall be appointed for terms of 6 years from the |
| 3 | | third Monday
in January of the year of appointment. Each |
| 4 | | member shall
serve until his or her successor is appointed and |
| 5 | | qualified.
|
| 6 | | Any member may be removed by the Governor for |
| 7 | | incompetence, neglect of duty,
malfeasance or inability to |
| 8 | | serve.
|
| 9 | | (d) The Chairman of the Board shall be its chief executive |
| 10 | | and
administrative officer. The Board may have an Executive |
| 11 | | Director; if so,
the Executive Director shall be appointed by |
| 12 | | the Governor with the advice and
consent of the Senate. The |
| 13 | | salary and duties of the Executive Director shall
be fixed by |
| 14 | | the Board.
|
| 15 | | (Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
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