Sen. William R. Haine
Filed: 3/4/2014
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| 1 | AMENDMENT TO SENATE BILL 1008
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1008 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Unified Code of Corrections is amended by | ||||||
| 5 | changing Sections 3-3-2, 3-3-13, 5-4.5-20, and 5-8-1 as | ||||||
| 6 | follows:
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| 7 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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| 8 | Sec. 3-3-2. Powers and Duties.
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| 9 | (a) The Parole and Pardon Board is abolished and the term | ||||||
| 10 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
| 11 | read "Prisoner Review
Board." After the effective date of this | ||||||
| 12 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
| 13 | by rule for the orderly transition of
all files, records, and | ||||||
| 14 | documents of the Parole and Pardon Board and for
such other | ||||||
| 15 | steps as may be necessary to effect an orderly transition and | ||||||
| 16 | shall:
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| 1 | (1) hear by at least one member and through a panel of | ||||||
| 2 | at least 3 members
decide, cases of prisoners
who were | ||||||
| 3 | sentenced under the law in effect prior to the effective
| ||||||
| 4 | date of this amendatory Act of 1977, and who are eligible | ||||||
| 5 | for parole;
| ||||||
| 6 | (2) hear by at least one member and through a panel of | ||||||
| 7 | at least 3 members decide, the conditions of
parole and the | ||||||
| 8 | time of discharge from parole, impose sanctions for
| ||||||
| 9 | violations of parole, and revoke
parole for those sentenced | ||||||
| 10 | under the law in effect prior to this amendatory
Act of | ||||||
| 11 | 1977; provided that the decision to parole and the | ||||||
| 12 | conditions of
parole for all prisoners who were sentenced | ||||||
| 13 | for first degree murder or who
received a minimum sentence | ||||||
| 14 | of 20 years or more under the law in effect
prior to | ||||||
| 15 | February 1, 1978 shall be determined by a majority vote of | ||||||
| 16 | the
Prisoner Review Board. One representative supporting | ||||||
| 17 | parole and one representative opposing parole will be | ||||||
| 18 | allowed to speak. Their comments shall be limited to making | ||||||
| 19 | corrections and filling in omissions to the Board's | ||||||
| 20 | presentation and discussion;
| ||||||
| 21 | (3) hear by at least one member and through a panel of | ||||||
| 22 | at least 3 members decide, the conditions
of mandatory | ||||||
| 23 | supervised release and the time of discharge from mandatory
| ||||||
| 24 | supervised release, impose sanctions for violations of | ||||||
| 25 | mandatory
supervised release, and revoke mandatory | ||||||
| 26 | supervised release for those
sentenced under the law in | ||||||
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| 1 | effect after the effective date of this
amendatory Act of | ||||||
| 2 | 1977;
| ||||||
| 3 | (3.5) hear by at least one member and through a panel | ||||||
| 4 | of at least 3 members decide, the conditions of mandatory | ||||||
| 5 | supervised release and the time of discharge from mandatory | ||||||
| 6 | supervised release, to impose sanctions for violations of | ||||||
| 7 | mandatory supervised release and revoke mandatory | ||||||
| 8 | supervised release for those serving extended supervised | ||||||
| 9 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
| 10 | of Section 5-8-1;
| ||||||
| 11 | (3.6) hear by at least one member and through a panel | ||||||
| 12 | of at least 3 members decide, the time of aftercare | ||||||
| 13 | release, the conditions of aftercare release and the time | ||||||
| 14 | of discharge from aftercare release, impose sanctions for | ||||||
| 15 | violations of aftercare release, and revoke aftercare | ||||||
| 16 | release for those adjudicated delinquent under the | ||||||
| 17 | Juvenile Court Act of 1987;
| ||||||
| 18 | (4) hear by at least one member and through a panel of | ||||||
| 19 | at least 3
members,
decide cases brought by the Department | ||||||
| 20 | of Corrections against a prisoner in
the custody of the | ||||||
| 21 | Department for alleged violation of Department rules
with | ||||||
| 22 | respect to sentence credits under Section 3-6-3 of this | ||||||
| 23 | Code
in which the Department seeks to revoke sentence | ||||||
| 24 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
| 25 | when, during any 12 month period, the
cumulative amount of | ||||||
| 26 | credit revoked exceeds 30 days except where the
infraction | ||||||
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| 1 | is committed or discovered within 60 days of scheduled | ||||||
| 2 | release.
In such cases, the Department of Corrections may | ||||||
| 3 | revoke up to 30 days of
sentence credit. The Board may | ||||||
| 4 | subsequently approve the revocation of
additional sentence | ||||||
| 5 | credit, if the Department seeks to revoke sentence credit | ||||||
| 6 | in excess of thirty days. However, the Board shall not be
| ||||||
| 7 | empowered to review the Department's decision with respect | ||||||
| 8 | to the loss of
30 days of sentence credit for any prisoner | ||||||
| 9 | or to increase any penalty
beyond the length requested by | ||||||
| 10 | the Department;
| ||||||
| 11 | (5) hear by at least one member and through a panel of | ||||||
| 12 | at least 3
members decide, the
release dates for certain | ||||||
| 13 | prisoners sentenced under the law in existence
prior to the | ||||||
| 14 | effective date of this amendatory Act of 1977, in
| ||||||
| 15 | accordance with Section 3-3-2.1 of this Code;
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| 16 | (6) hear by at least one member and through a panel of | ||||||
| 17 | at least 3 members
decide, all requests for pardon, | ||||||
| 18 | reprieve or commutation, and make confidential
| ||||||
| 19 | recommendations to the Governor;
| ||||||
| 20 | (7) comply with the requirements of the Open Parole | ||||||
| 21 | Hearings Act;
| ||||||
| 22 | (8) hear by at least one member and, through a panel of | ||||||
| 23 | at least 3
members, decide cases brought by the Department | ||||||
| 24 | of Corrections against a
prisoner in the custody of the | ||||||
| 25 | Department for court dismissal of a frivolous
lawsuit | ||||||
| 26 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
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| 1 | Department seeks
to revoke up to 180 days of sentence | ||||||
| 2 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
| 3 | sentence credit at the time of the dismissal, then
all | ||||||
| 4 | sentence credit accumulated by the prisoner shall be | ||||||
| 5 | revoked;
| ||||||
| 6 | (9) hear by at least 3 members, and, through a panel of | ||||||
| 7 | at least 3
members, decide whether to grant certificates of | ||||||
| 8 | relief from
disabilities or certificates of good conduct as | ||||||
| 9 | provided in Article 5.5 of
Chapter V; | ||||||
| 10 | (10) upon a petition by a person who has been convicted | ||||||
| 11 | of a Class 3 or Class 4 felony and who meets the | ||||||
| 12 | requirements of this paragraph, hear by at least 3 members | ||||||
| 13 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
| 14 | a certificate of eligibility for sealing recommending that | ||||||
| 15 | the court order the sealing of all official
records of the | ||||||
| 16 | arresting authority, the circuit court clerk, and the | ||||||
| 17 | Department of State Police concerning the arrest and | ||||||
| 18 | conviction for the Class 3 or 4 felony. A person may not | ||||||
| 19 | apply to the Board for a certificate of eligibility for | ||||||
| 20 | sealing: | ||||||
| 21 | (A) until 5 years have elapsed since the expiration | ||||||
| 22 | of his or her sentence; | ||||||
| 23 | (B) until 5 years have elapsed since any arrests or | ||||||
| 24 | detentions by a law enforcement officer for an alleged | ||||||
| 25 | violation of law, other than a petty offense, traffic | ||||||
| 26 | offense, conservation offense, or local ordinance | ||||||
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| 1 | offense; | ||||||
| 2 | (C) if convicted of a violation of the Cannabis | ||||||
| 3 | Control Act, Illinois Controlled Substances Act, the | ||||||
| 4 | Methamphetamine Control and Community Protection Act, | ||||||
| 5 | the Methamphetamine Precursor Control Act, or the | ||||||
| 6 | Methamphetamine Precursor Tracking Act unless the | ||||||
| 7 | petitioner has completed a drug abuse program for the | ||||||
| 8 | offense on which sealing is sought and provides proof | ||||||
| 9 | that he or she has completed the program successfully; | ||||||
| 10 | (D) if convicted of: | ||||||
| 11 | (i) a sex offense described in Article 11 or | ||||||
| 12 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
| 13 | the Criminal Code of 1961 or the Criminal Code of | ||||||
| 14 | 2012; | ||||||
| 15 | (ii) aggravated assault; | ||||||
| 16 | (iii) aggravated battery; | ||||||
| 17 | (iv) domestic battery; | ||||||
| 18 | (v) aggravated domestic battery; | ||||||
| 19 | (vi) violation of an order of protection; | ||||||
| 20 | (vii) an offense under the Criminal Code of | ||||||
| 21 | 1961 or the Criminal Code of 2012 involving a | ||||||
| 22 | firearm; | ||||||
| 23 | (viii) driving while under the influence of | ||||||
| 24 | alcohol, other drug or drugs, intoxicating | ||||||
| 25 | compound or compounds or any combination thereof; | ||||||
| 26 | (ix) aggravated driving while under the | ||||||
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| 1 | influence of alcohol, other drug or drugs, | ||||||
| 2 | intoxicating compound or compounds or any | ||||||
| 3 | combination thereof; or | ||||||
| 4 | (x) any crime defined as a crime of violence | ||||||
| 5 | under Section 2 of the Crime Victims Compensation | ||||||
| 6 | Act. | ||||||
| 7 | If a person has applied to the Board for a certificate | ||||||
| 8 | of eligibility for sealing and the Board denies the | ||||||
| 9 | certificate, the person must wait at least 4 years before | ||||||
| 10 | filing again or filing for pardon from the Governor unless | ||||||
| 11 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
| 12 | The decision to issue or refrain from issuing a | ||||||
| 13 | certificate of eligibility for sealing shall be at the | ||||||
| 14 | Board's sole discretion, and shall not give rise to any | ||||||
| 15 | cause of action against either the Board or its members. | ||||||
| 16 | The Board may only authorize the sealing of Class 3 and | ||||||
| 17 | 4 felony convictions of the petitioner from one information | ||||||
| 18 | or indictment under this paragraph (10). A petitioner may | ||||||
| 19 | only receive one certificate of eligibility for sealing | ||||||
| 20 | under this provision for life; and
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| 21 | (11) upon a petition by a person who after having been | ||||||
| 22 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
| 23 | in the United States Armed Forces or National Guard of this | ||||||
| 24 | or any other state and had received an honorable discharge | ||||||
| 25 | from the United States Armed Forces or National Guard or | ||||||
| 26 | who at the time of filing the petition is enlisted in the | ||||||
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| 1 | United States Armed Forces or National Guard of this or any | ||||||
| 2 | other state and served one tour of duty and who meets the | ||||||
| 3 | requirements of this paragraph, hear by at least 3 members | ||||||
| 4 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
| 5 | a certificate of eligibility for expungement recommending | ||||||
| 6 | that the court order the expungement of all official
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| 7 | records of the arresting authority, the circuit court | ||||||
| 8 | clerk, and the Department of State Police concerning the | ||||||
| 9 | arrest and conviction for the Class 3 or 4 felony. A person | ||||||
| 10 | may not apply to the Board for a certificate of eligibility | ||||||
| 11 | for expungement: | ||||||
| 12 | (A) if convicted of: | ||||||
| 13 | (i) a sex offense described in Article 11 or | ||||||
| 14 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
| 15 | the Criminal Code of 1961 or Criminal Code of 2012; | ||||||
| 16 | (ii) an offense under the Criminal Code of 1961 | ||||||
| 17 | or Criminal Code of 2012 involving a firearm; or | ||||||
| 18 | (iii) a crime of violence as defined in Section | ||||||
| 19 | 2 of the Crime Victims Compensation Act; or | ||||||
| 20 | (B) if the person has not served in the United | ||||||
| 21 | States Armed Forces or National Guard of this or any | ||||||
| 22 | other state or has not received an honorable discharge | ||||||
| 23 | from the United States Armed Forces or National Guard | ||||||
| 24 | of this or any other state or who at the time of the | ||||||
| 25 | filing of the petition is serving in the United States | ||||||
| 26 | Armed Forces or National Guard of this or any other | ||||||
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| 1 | state and has not completed one tour of duty. | ||||||
| 2 | If a person has applied to the Board for a certificate | ||||||
| 3 | of eligibility for expungement and the Board denies the | ||||||
| 4 | certificate, the person must wait at least 4 years before | ||||||
| 5 | filing again or filing for a pardon with authorization for | ||||||
| 6 | expungement from the Governor unless the Governor or | ||||||
| 7 | Chairman of the Prisoner Review Board grants a waiver; and | ||||||
| 8 | . | ||||||
| 9 | (12) if and only if the Illinois Supreme Court | ||||||
| 10 | determines the sentencing requirements set forth by the | ||||||
| 11 | United States Supreme Court in Miller v. Alabama, 132 S. | ||||||
| 12 | Ct. 2455 (2012), are to be applied retroactively, hear and | ||||||
| 13 | decide commutation, as provided in this paragraph, of a | ||||||
| 14 | prisoner serving a sentence of natural life imprisonment if | ||||||
| 15 | the prisoner was under 18 years of age at the time of the | ||||||
| 16 | commission of the offense, and make confidential | ||||||
| 17 | recommendations to the Governor. Notice of the hearing | ||||||
| 18 | shall be given to the committing court, the State's | ||||||
| 19 | Attorney of
the county where the conviction was had, and | ||||||
| 20 | victim representative. At the hearing the prisoner may be | ||||||
| 21 | represented by counsel. If the Board, by a majority vote of | ||||||
| 22 | the full Board, determines that the sentencing | ||||||
| 23 | requirements of Miller v. Alabama apply to the prisoner, | ||||||
| 24 | the Board shall consider the following factors in | ||||||
| 25 | recommending to the Governor the time to be served by the | ||||||
| 26 | prisoner that the Board deems appropriate: | ||||||
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| 1 | (A) the prisoner's chronological age and its | ||||||
| 2 | hallmark features, among them, immaturity, | ||||||
| 3 | impetuosity, and failure to appreciate risks and | ||||||
| 4 | consequences at the time of the commission of the | ||||||
| 5 | offense; | ||||||
| 6 | (B) the prisoner's family and home environment | ||||||
| 7 | that surrounds him or her; | ||||||
| 8 | (C) the circumstances of the homicide offense, | ||||||
| 9 | including the extent of the prisoner's participation | ||||||
| 10 | in the conduct and the way familial and peer pressures | ||||||
| 11 | may have affected the prisoner; | ||||||
| 12 | (D) whether the prisoner might have been charged | ||||||
| 13 | and convicted of a lesser offense if not for | ||||||
| 14 | incompetencies associated with youth, for example, his | ||||||
| 15 | or her inability to deal with police officers or | ||||||
| 16 | prosecutors (including on a plea agreement) or his or | ||||||
| 17 | her incapacity to assist his or her own attorneys; and | ||||||
| 18 | (E) whether natural life imprisonment disregards | ||||||
| 19 | the possibility of rehabilitation even when the | ||||||
| 20 | circumstances most suggest it. | ||||||
| 21 | After hearing and full consideration of the above factors | ||||||
| 22 | the Board may, by a majority vote of the full Board, | ||||||
| 23 | confidentially recommend to the Governor: | ||||||
| 24 | (i) the sentence of natural life imprisonment imposed | ||||||
| 25 | by the court to remain in effect; | ||||||
| 26 | (ii) commutation of sentence to a set term less than | ||||||
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| 1 | natural life; or | ||||||
| 2 | (iii) commutation of sentence to time served; and | ||||||
| 3 | (iv) if commutation is recommended any condition, | ||||||
| 4 | including a term of mandatory supervised release upon | ||||||
| 5 | release, the Board thinks proper. | ||||||
| 6 | The Governor shall decide each Board submitted prisoner | ||||||
| 7 | commutation application and communicate his or her decision to | ||||||
| 8 | the Board which shall notify the prisoner. | ||||||
| 9 | In the event a prisoner is granted a release, after the | ||||||
| 10 | Governor has communicated this decision to the Board, the Board | ||||||
| 11 | shall give written notice to the sheriff of the county from | ||||||
| 12 | which the offender was sentenced if the sheriff has requested | ||||||
| 13 | that clemency notice be given on a continuing basis. In cases | ||||||
| 14 | where arrest of the offender or the commission of the offense | ||||||
| 15 | took place in any municipality with a population of more than | ||||||
| 16 | 10,000 persons, the Board shall also give written notice to the | ||||||
| 17 | proper law enforcement agency for the municipality which has | ||||||
| 18 | requested clemency notice on a continuing basis. | ||||||
| 19 | This paragraph (12) only applies to prisoners to whom | ||||||
| 20 | Miller v. Alabama applies retroactively on the date of the | ||||||
| 21 | Illinois Supreme Court decision. | ||||||
| 22 | The Governor may delegate his or her authority to commute | ||||||
| 23 | the sentence of a prisoner described in this paragraph (12) to | ||||||
| 24 | the Board on any terms as he or she thinks proper. | ||||||
| 25 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
| 26 | and in
coordination with the Department of Corrections and the | ||||||
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| |||||||
| 1 | Department of Central
Management Services, shall implement a | ||||||
| 2 | pilot project in 3 correctional
institutions providing for the | ||||||
| 3 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
| 4 | (a) of this Section through interactive video conferences.
The
| ||||||
| 5 | project shall be implemented within 6 months after the | ||||||
| 6 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
| 7 | after the implementation of the pilot
project, the Prisoner | ||||||
| 8 | Review Board, with the cooperation of and in coordination
with | ||||||
| 9 | the Department of Corrections and the Department of Central | ||||||
| 10 | Management
Services, shall report to the Governor and the | ||||||
| 11 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
| 12 | future viability of interactive video
conferences for Prisoner | ||||||
| 13 | Review Board hearings.
| ||||||
| 14 | (b) Upon recommendation of the Department the Board may | ||||||
| 15 | restore sentence credit previously revoked.
| ||||||
| 16 | (c) The Board shall cooperate with the Department in | ||||||
| 17 | promoting an
effective system of parole, aftercare release, and | ||||||
| 18 | mandatory supervised release.
| ||||||
| 19 | (d) The Board shall promulgate rules for the conduct of its | ||||||
| 20 | work,
and the Chairman shall file a copy of such rules and any | ||||||
| 21 | amendments
thereto with the Director and with the Secretary of | ||||||
| 22 | State.
| ||||||
| 23 | (e) The Board shall keep records of all of its official | ||||||
| 24 | actions and
shall make them accessible in accordance with law | ||||||
| 25 | and the rules of the
Board.
| ||||||
| 26 | (f) The Board or one who has allegedly violated the | ||||||
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| |||||||
| 1 | conditions of
his or her parole, aftercare release, or | ||||||
| 2 | mandatory supervised release may require by subpoena the
| ||||||
| 3 | attendance and testimony of witnesses and the production of | ||||||
| 4 | documentary
evidence relating to any matter under | ||||||
| 5 | investigation or hearing. The
Chairman of the Board may sign | ||||||
| 6 | subpoenas which shall be served by any
agent or public official | ||||||
| 7 | authorized by the Chairman of the Board, or by
any person | ||||||
| 8 | lawfully authorized to serve a subpoena under the laws of the
| ||||||
| 9 | State of Illinois. The attendance of witnesses, and the | ||||||
| 10 | production of
documentary evidence, may be required from any | ||||||
| 11 | place in the State to a
hearing location in the State before | ||||||
| 12 | the Chairman of the Board or his or her
designated agent or | ||||||
| 13 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
| 14 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
| 15 | mileage that are paid witnesses in the circuit courts of the
| ||||||
| 16 | State, and witnesses whose depositions are taken and the | ||||||
| 17 | persons taking
those depositions are each entitled to the same | ||||||
| 18 | fees as are paid for
like services in actions in the circuit | ||||||
| 19 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
| 20 | payment when the witness is discharged
from further attendance.
| ||||||
| 21 | In case of disobedience to a subpoena, the Board may | ||||||
| 22 | petition any
circuit court of the State for an order requiring | ||||||
| 23 | the attendance and
testimony of witnesses or the production of | ||||||
| 24 | documentary evidence or
both. A copy of such petition shall be | ||||||
| 25 | served by personal service or by
registered or certified mail | ||||||
| 26 | upon the person who has failed to obey the
subpoena, and such | ||||||
| |||||||
| |||||||
| 1 | person shall be advised in writing that a hearing
upon the | ||||||
| 2 | petition will be requested in a court room to be designated in
| ||||||
| 3 | such notice before the judge hearing motions or extraordinary | ||||||
| 4 | remedies
at a specified time, on a specified date, not less | ||||||
| 5 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
| 6 | the written notice and petition
in the U.S. mails addressed to | ||||||
| 7 | the person at his last known address or
after the personal | ||||||
| 8 | service of the copy of the notice and petition upon
such | ||||||
| 9 | person. The court upon the filing of such a petition, may order | ||||||
| 10 | the
person refusing to obey the subpoena to appear at an | ||||||
| 11 | investigation or
hearing, or to there produce documentary | ||||||
| 12 | evidence, if so ordered, or to
give evidence relative to the | ||||||
| 13 | subject matter of that investigation or
hearing. Any failure to | ||||||
| 14 | obey such order of the circuit court may be
punished by that | ||||||
| 15 | court as a contempt of court.
| ||||||
| 16 | Each member of the Board and any hearing officer designated | ||||||
| 17 | by the
Board shall have the power to administer oaths and to | ||||||
| 18 | take the testimony
of persons under oath.
| ||||||
| 19 | (g) Except under subsection (a) of this Section, a majority | ||||||
| 20 | of the
members then appointed to the Prisoner Review Board | ||||||
| 21 | shall constitute a
quorum for the transaction of all business | ||||||
| 22 | of the Board.
| ||||||
| 23 | (h) The Prisoner Review Board shall annually transmit to | ||||||
| 24 | the
Director a detailed report of its work for the preceding | ||||||
| 25 | calendar year.
The annual report shall also be transmitted to | ||||||
| 26 | the Governor for
submission to the Legislature.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13; | ||||||
| 2 | 97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff. | ||||||
| 3 | 1-1-14; revised 8-28-13.)
| ||||||
| 4 | (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
| ||||||
| 5 | Sec. 3-3-13. Procedure for Executive Clemency.
| ||||||
| 6 | (a) Petitions seeking pardon, commutation, or reprieve | ||||||
| 7 | shall be
addressed to the Governor and filed with the Prisoner | ||||||
| 8 | Review
Board. The petition shall be in writing and signed by | ||||||
| 9 | the
person under conviction or by a person on his behalf. It | ||||||
| 10 | shall
contain a brief history of the case, the reasons for | ||||||
| 11 | seeking
executive clemency, and other relevant information the | ||||||
| 12 | Board may require.
| ||||||
| 13 | (a-5) After a petition has been denied by the Governor, the | ||||||
| 14 | Board may not
accept a repeat petition for executive clemency | ||||||
| 15 | for the same person until one
full year has elapsed from the | ||||||
| 16 | date of the denial. The Chairman of the Board
may waive the | ||||||
| 17 | one-year requirement if the petitioner offers in writing
new | ||||||
| 18 | information that was unavailable to the petitioner at the time
| ||||||
| 19 | of the filing of the prior petition and which the Chairman | ||||||
| 20 | determines to be
significant. The Chairman also may waive the | ||||||
| 21 | one-year
waiting period if the petitioner can show that a | ||||||
| 22 | change in circumstances of a
compelling humanitarian nature has | ||||||
| 23 | arisen since the denial of the prior
petition.
| ||||||
| 24 | (b) Notice of the proposed application shall be given by
| ||||||
| 25 | the Board to the committing court and the state's attorney of
| ||||||
| |||||||
| |||||||
| 1 | the county where the conviction was had.
| ||||||
| 2 | (c) The Board shall, if requested and upon due notice,
give | ||||||
| 3 | a hearing to each application, allowing representation by
| ||||||
| 4 | counsel, if desired, after which it shall confidentially
advise | ||||||
| 5 | the Governor by a written report of its recommendations
which | ||||||
| 6 | shall be determined by majority vote. The Board shall
meet to | ||||||
| 7 | consider such petitions no less than 4 times each
year.
| ||||||
| 8 | Application for executive clemency under this Section may | ||||||
| 9 | not be commenced
on behalf of a person who has been sentenced | ||||||
| 10 | to death without the written
consent of the defendant, unless | ||||||
| 11 | the defendant, because of a mental or
physical condition, is | ||||||
| 12 | incapable of asserting his or her own claim.
| ||||||
| 13 | (d) The Governor shall decide each application and
| ||||||
| 14 | communicate his decision to the Board which shall notify the
| ||||||
| 15 | petitioner.
| ||||||
| 16 | In the event a petitioner who has been convicted of a Class | ||||||
| 17 | X felony is
granted a release, after the Governor has | ||||||
| 18 | communicated such decision to
the Board, the Board shall give | ||||||
| 19 | written notice to the Sheriff of the county
from which the | ||||||
| 20 | offender was sentenced if such sheriff has requested that
such | ||||||
| 21 | notice be given on a continuing basis. In cases where arrest of | ||||||
| 22 | the
offender or the commission of the offense took place in any | ||||||
| 23 | municipality
with a population of more than 10,000 persons, the | ||||||
| 24 | Board shall also give
written notice to the proper law | ||||||
| 25 | enforcement agency for said municipality
which has requested | ||||||
| 26 | notice on a continuing basis.
| ||||||
| |||||||
| |||||||
| 1 | (d-5) If and only if the Illinois Supreme Court determines | ||||||
| 2 | the sentencing requirements set forth by the United States | ||||||
| 3 | Supreme Court in Miller v. Alabama, 132 S. Ct. 2455 (2012), are | ||||||
| 4 | to be applied retroactively, then the Prisoner Review Board may | ||||||
| 5 | consider, without a petition, commutation of a prisoner serving | ||||||
| 6 | a sentence of natural life imprisonment if the prisoner was | ||||||
| 7 | under 18 years of age at the time of the commission of the | ||||||
| 8 | offense and the Board, by a majority vote of the full Board, | ||||||
| 9 | determines the sentencing requirements of Miller v. Alabama | ||||||
| 10 | applies to the prisoner. The Board shall conduct a hearing and | ||||||
| 11 | make recommendations to the Governor as provided in paragraph | ||||||
| 12 | (12) of subsection (g) of Section 3-3-2 of this Code. | ||||||
| 13 | (e) Nothing in this Section shall be construed to limit the | ||||||
| 14 | power of the
Governor under the constitution to grant a | ||||||
| 15 | reprieve, commutation of sentence,
or pardon.
| ||||||
| 16 | (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
| ||||||
| 17 | (730 ILCS 5/5-4.5-20) | ||||||
| 18 | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||||||
| 19 | degree murder: | ||||||
| 20 | (a) TERM. The defendant shall be sentenced to imprisonment | ||||||
| 21 | or, if appropriate, death under Section 9-1 of the Criminal | ||||||
| 22 | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | ||||||
| 23 | Imprisonment shall be for a determinate term of (1) not less | ||||||
| 24 | than 20 years and not more than 60 years; (2) not less than 60 | ||||||
| 25 | years and not more than 100 years as provided in subsection | ||||||
| |||||||
| |||||||
| 1 | (c-5) of Section 5-8-1 (730 ILCS 5/5-8-1) or when an extended | ||||||
| 2 | term is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) | ||||||
| 3 | natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| ||||||
| 4 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
| 5 | shall not be imposed.
| ||||||
| 6 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
| 7 | or the county impact incarceration program is not an authorized | ||||||
| 8 | disposition.
| ||||||
| 9 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
| 10 | probation or conditional discharge shall not be imposed.
| ||||||
| 11 | (e) FINE. Fines may be imposed as provided in Section | ||||||
| 12 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
| 13 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
| 14 | concerning restitution.
| ||||||
| 15 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
| 16 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
| 17 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
| 18 | (h) DRUG COURT. Drug court is not an authorized | ||||||
| 19 | disposition.
| ||||||
| 20 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
| 21 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
| 22 | detention prior to judgment.
| ||||||
| 23 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
| 24 | for rules and regulations for sentence credit.
| ||||||
| 25 | (k) ELECTRONIC HOME DETENTION. Electronic home detention | ||||||
| 26 | is not an authorized disposition, except in limited | ||||||
| |||||||
| |||||||
| 1 | circumstances as provided in Section 5-8A-3 (730 ILCS | ||||||
| 2 | 5/5-8A-3).
| ||||||
| 3 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
| 4 | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||||||
| 5 | mandatory supervised release term shall be 3 years upon release | ||||||
| 6 | from imprisonment.
| ||||||
| 7 | (Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
| ||||||
| 8 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
| 9 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
| 10 | use of a firearm; mandatory supervised release terms.
| ||||||
| 11 | (a) Except as otherwise provided in the statute defining | ||||||
| 12 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
| 13 | imprisonment for a felony shall be a determinate sentence set | ||||||
| 14 | by
the court under this Section, according to the following | ||||||
| 15 | limitations:
| ||||||
| 16 | (1) for first degree murder,
| ||||||
| 17 | (a) (blank),
| ||||||
| 18 | (b) if a trier of fact finds beyond a reasonable
| ||||||
| 19 | doubt that the murder was accompanied by exceptionally
| ||||||
| 20 | brutal or heinous behavior indicative of wanton | ||||||
| 21 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
| 22 | of this Section, that any of the aggravating factors
| ||||||
| 23 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
| 24 | Criminal Code of 1961 or the Criminal Code of 2012 are
| ||||||
| 25 | present, the court may sentence the defendant to a term | ||||||
| |||||||
| |||||||
| 1 | of natural life
imprisonment, or
| ||||||
| 2 | (c) the court shall sentence the defendant to a | ||||||
| 3 | term of natural life
imprisonment when the death | ||||||
| 4 | penalty is not imposed if the defendant,
| ||||||
| 5 | (i) has previously been convicted of first | ||||||
| 6 | degree murder under
any state or federal law, or
| ||||||
| 7 | (ii) is a person who, at the time of the | ||||||
| 8 | commission of the murder,
had attained the age of | ||||||
| 9 | 17 or more and is found guilty of murdering an
| ||||||
| 10 | individual under 12 years of age; or, irrespective | ||||||
| 11 | of the defendant's age at
the time of the | ||||||
| 12 | commission of the offense, is found guilty of | ||||||
| 13 | murdering more
than one victim, or
| ||||||
| 14 | (iii) is found guilty of murdering a peace | ||||||
| 15 | officer, fireman, or emergency management worker | ||||||
| 16 | when
the peace officer, fireman, or emergency | ||||||
| 17 | management worker was killed in the course of | ||||||
| 18 | performing his
official duties, or to prevent the | ||||||
| 19 | peace officer or fireman from
performing his | ||||||
| 20 | official duties, or in retaliation for the peace | ||||||
| 21 | officer,
fireman, or emergency management worker | ||||||
| 22 | from performing his official duties, and the | ||||||
| 23 | defendant knew or should
have known that the | ||||||
| 24 | murdered individual was a peace officer, fireman, | ||||||
| 25 | or emergency management worker, or
| ||||||
| 26 | (iv) is found guilty of murdering an employee | ||||||
| |||||||
| |||||||
| 1 | of an institution or
facility of the Department of | ||||||
| 2 | Corrections, or any similar local
correctional | ||||||
| 3 | agency, when the employee was killed in the course | ||||||
| 4 | of
performing his official duties, or to prevent | ||||||
| 5 | the employee from performing
his official duties, | ||||||
| 6 | or in retaliation for the employee performing his
| ||||||
| 7 | official duties, or
| ||||||
| 8 | (v) is found guilty of murdering an emergency | ||||||
| 9 | medical
technician - ambulance, emergency medical | ||||||
| 10 | technician - intermediate, emergency
medical | ||||||
| 11 | technician - paramedic, ambulance driver or other | ||||||
| 12 | medical assistance or
first aid person while | ||||||
| 13 | employed by a municipality or other governmental | ||||||
| 14 | unit
when the person was killed in the course of | ||||||
| 15 | performing official duties or
to prevent the | ||||||
| 16 | person from performing official duties or in | ||||||
| 17 | retaliation
for performing official duties and the | ||||||
| 18 | defendant knew or should have known
that the | ||||||
| 19 | murdered individual was an emergency medical | ||||||
| 20 | technician - ambulance,
emergency medical | ||||||
| 21 | technician - intermediate, emergency medical
| ||||||
| 22 | technician - paramedic, ambulance driver, or other | ||||||
| 23 | medical
assistant or first aid personnel, or
| ||||||
| 24 | (vi) (blank), or is a person who, at the time | ||||||
| 25 | of the commission of the murder,
had not attained | ||||||
| 26 | the age of 17, and is found guilty of murdering a | ||||||
| |||||||
| |||||||
| 1 | person under
12 years of age and the murder is | ||||||
| 2 | committed during the course of aggravated
criminal | ||||||
| 3 | sexual assault, criminal sexual assault, or | ||||||
| 4 | aggravated kidnaping,
or
| ||||||
| 5 | (vii) is found guilty of first degree murder | ||||||
| 6 | and the murder was
committed by reason of any | ||||||
| 7 | person's activity as a community policing | ||||||
| 8 | volunteer
or to prevent any person from engaging in | ||||||
| 9 | activity as a community policing
volunteer. For | ||||||
| 10 | the purpose of this Section, "community policing | ||||||
| 11 | volunteer"
has the meaning ascribed to it in | ||||||
| 12 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
| 13 | For purposes of clause (v), "emergency medical | ||||||
| 14 | technician - ambulance",
"emergency medical technician - | ||||||
| 15 | intermediate", "emergency medical technician -
| ||||||
| 16 | paramedic", have the meanings ascribed to them in the | ||||||
| 17 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
| 18 | (c-5) if the defendant had not attained the age of | ||||||
| 19 | 18 at the time of the commission of the murder, but is | ||||||
| 20 | found guilty of first degree murder and any of the | ||||||
| 21 | factors listed in subsection (c) of this Section are | ||||||
| 22 | present, the court shall sentence the defendant to a | ||||||
| 23 | term of imprisonment of not less than 60 years and not | ||||||
| 24 | more than 100 years, or to a term of natural life | ||||||
| 25 | imprisonment.
| ||||||
| 26 | (d) (i) if the person committed the offense while | ||||||
| |||||||
| |||||||
| 1 | armed with a
firearm, 15 years shall be added to | ||||||
| 2 | the term of imprisonment imposed by the
court;
| ||||||
| 3 | (ii) if, during the commission of the offense, | ||||||
| 4 | the person
personally discharged a firearm, 20 | ||||||
| 5 | years shall be added to the term of
imprisonment | ||||||
| 6 | imposed by the court;
| ||||||
| 7 | (iii) if, during the commission of the | ||||||
| 8 | offense, the person
personally discharged a | ||||||
| 9 | firearm that proximately caused great bodily harm,
| ||||||
| 10 | permanent disability, permanent disfigurement, or | ||||||
| 11 | death to another person, 25
years or up to a term | ||||||
| 12 | of natural life shall be added to the term of
| ||||||
| 13 | imprisonment imposed by the court.
| ||||||
| 14 | (2) (blank);
| ||||||
| 15 | (2.5) for a person convicted under the circumstances | ||||||
| 16 | described in subdivision (b)(1)(B) of Section 11-1.20 or
| ||||||
| 17 | paragraph (3) of subsection (b) of Section 12-13, | ||||||
| 18 | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | ||||||
| 19 | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | ||||||
| 20 | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| ||||||
| 21 | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | ||||||
| 22 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
| 23 | Criminal Code of 1961 or the Criminal Code of 2012, the | ||||||
| 24 | sentence shall be a term of natural life
imprisonment.
| ||||||
| 25 | (b) (Blank).
| ||||||
| 26 | (c) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
| 2 | parole or mandatory
supervised release term shall be written as | ||||||
| 3 | part of the sentencing order and shall be as follows:
| ||||||
| 4 | (1) for first degree murder or a Class X felony except | ||||||
| 5 | for the offenses of predatory criminal sexual assault of a | ||||||
| 6 | child, aggravated criminal sexual assault, and criminal | ||||||
| 7 | sexual assault if committed on or after the effective date | ||||||
| 8 | of this amendatory Act of the 94th General Assembly and | ||||||
| 9 | except for the offense of aggravated child pornography | ||||||
| 10 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
| 11 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
| 12 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
| 13 | committed on or after January 1, 2009, 3 years;
| ||||||
| 14 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
| 15 | the offense of criminal sexual assault if committed on or | ||||||
| 16 | after the effective date of this amendatory Act of the 94th | ||||||
| 17 | General Assembly and except for the offenses of manufacture | ||||||
| 18 | and dissemination of child pornography under clauses | ||||||
| 19 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
| 20 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
| 21 | after January 1, 2009, 2 years;
| ||||||
| 22 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
| 23 | (4) for defendants who commit the offense of predatory | ||||||
| 24 | criminal sexual assault of a child, aggravated criminal | ||||||
| 25 | sexual assault, or criminal sexual assault, on or after the | ||||||
| 26 | effective date of this amendatory Act of the 94th General | ||||||
| |||||||
| |||||||
| 1 | Assembly, or who commit the offense of aggravated child | ||||||
| 2 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
| 3 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
| 4 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 5 | manufacture of child pornography, or dissemination of | ||||||
| 6 | child pornography after January 1, 2009, the term of | ||||||
| 7 | mandatory supervised release shall range from a minimum of | ||||||
| 8 | 3 years to a maximum of the natural life of the defendant;
| ||||||
| 9 | (5) if the victim is under 18 years of age, for a | ||||||
| 10 | second or subsequent
offense of aggravated criminal sexual | ||||||
| 11 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
| 12 | the first 2 years of which the defendant shall serve in an
| ||||||
| 13 | electronic home detention program under Article 8A of | ||||||
| 14 | Chapter V of this Code;
| ||||||
| 15 | (6) for a felony domestic battery, aggravated domestic | ||||||
| 16 | battery, stalking, aggravated stalking, and a felony | ||||||
| 17 | violation of an order of protection, 4 years. | ||||||
| 18 | (e) (Blank).
| ||||||
| 19 | (f) (Blank).
| ||||||
| 20 | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
| 21 | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | ||||||
| 22 | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | ||||||
| 23 | eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 24 | Section 99. Effective date. This Act takes effect upon | ||||||
| 25 | becoming law.".
| ||||||