98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5301
 
Introduced , by Rep. Dennis M. Reboletti
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Unified Code of Corrections. Requires the Department of Corrections (IDOC) to enter into a Memorandum of Understanding (MOU) with U.S. Immigration and Customs Enforcement (ICE) which authorizes the U.S. Department of Homeland Security to enter into written agreements with a state to remove an alien in the custody of that state. The purpose of the MOU is to set forth terms by which ICE and IDOC will cooperate in a Rapid Removal of Eligible Parolees Accepted for Transfer ("Rapid REPAT") program, which allows for early conditional release for deportation of removable custodial aliens to their home countries. Requires the Memorandum of Understanding to provide that a person may take part in the program only if a final order of deportation has been issued against the person, if prior to the issuance of this order:
(A) the person has been advised of and given an opportunity to exercise his or her rights under federal immigration law to a hearing before an immigration judge to contest his or her removal, including the right to seek and consult with legal counsel and to be represented by counsel at the hearing, to present any applicable defense to a removal proceeding or claim for relief from removal, and to seek review of an adverse decision;
(B) the person has been informed of available legal referral services and of law firms and organizations that provide free or low-cost legal assistance; and
(C) the information has been provided verbally and in writing in English and in the person's native language. Provides the Prisoner Review Board shall hear by at least one member and, through a panel of at least 3 members, decide all requests for release of prisoners subject to detainers filed by ICE.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Unified Code of Corrections is amended by 
5changing Sections 3-2-2, 3-3-2, 3-3-3, and 3-3-8 as follows:



6 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)


7 Sec. 3-2-2. Powers and Duties of the Department. 

8 (1) In addition to the powers, duties and responsibilities 
9which are
otherwise provided by law, the Department shall have 
10the following powers:


11  (a) To accept persons committed to it by the courts of 
12 this State for
care, custody, treatment and 
13 rehabilitation, and to accept federal prisoners and aliens 
14 over whom the Office of the Federal Detention Trustee is 
15 authorized to exercise the federal detention function for 
16 limited purposes and periods of time.


17  (b) To develop and maintain reception and evaluation 
18 units for purposes
of analyzing the custody and 
19 rehabilitation needs of persons committed to
it and to 
20 assign such persons to institutions and programs under its 
21 control
or transfer them to other appropriate agencies. In 
22 consultation with the
Department of Alcoholism and 
23 Substance Abuse (now the Department of Human
Services), the 
 
 
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1 Department of Corrections
shall develop a master plan for 
2 the screening and evaluation of persons
committed to its 
3 custody who have alcohol or drug abuse problems, and for

4 making appropriate treatment available to such persons; 
5 the Department
shall report to the General Assembly on such 
6 plan not later than April 1,
1987. The maintenance and 
7 implementation of such plan shall be contingent
upon the 
8 availability of funds.


9  (b-1) To create and implement, on January 1, 2002, a 
10 pilot
program to
establish the effectiveness of 
11 pupillometer technology (the measurement of the
pupil's

12 reaction to light) as an alternative to a urine test for 
13 purposes of screening
and evaluating
persons committed to 
14 its custody who have alcohol or drug problems. The
pilot 
15 program shall require the pupillometer technology to be 
16 used in at
least one Department of
Corrections facility. 
17 The Director may expand the pilot program to include an

18 additional facility or
facilities as he or she deems 
19 appropriate.
A minimum of 4,000 tests shall be included in 
20 the pilot program.
The
Department must report to the

21 General Assembly on the
effectiveness of the program by 
22 January 1, 2003.


23  (b-5) To develop, in consultation with the Department 
24 of State Police, a
program for tracking and evaluating each 
25 inmate from commitment through release
for recording his or 
26 her gang affiliations, activities, or ranks.


 
 
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1  (c) To maintain and administer all State correctional 
2 institutions and
facilities under its control and to 
3 establish new ones as needed. Pursuant
to its power to 
4 establish new institutions and facilities, the Department

5 may, with the written approval of the Governor, authorize 
6 the Department of
Central Management Services to enter into 
7 an agreement of the type
described in subsection (d) of 
8 Section 405-300 of the
Department
of Central Management 
9 Services Law (20 ILCS 405/405-300). The Department shall

10 designate those institutions which
shall constitute the 
11 State Penitentiary System.


12  Pursuant to its power to establish new institutions and 
13 facilities, the
Department may authorize the Department of 
14 Central Management Services to
accept bids from counties 
15 and municipalities for the construction,
remodeling or 
16 conversion of a structure to be leased to the Department of

17 Corrections for the purposes of its serving as a 
18 correctional institution
or facility. Such construction, 
19 remodeling or conversion may be financed
with revenue bonds 
20 issued pursuant to the Industrial Building Revenue Bond
Act 
21 by the municipality or county. The lease specified in a bid 
22 shall be
for a term of not less than the time needed to 
23 retire any revenue bonds
used to finance the project, but 
24 not to exceed 40 years. The lease may
grant to the State 
25 the option to purchase the structure outright.


26  Upon receipt of the bids, the Department may certify 
 
 
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1 one or more of the
bids and shall submit any such bids to 
2 the General Assembly for approval.
Upon approval of a bid 
3 by a constitutional majority of both houses of the
General 
4 Assembly, pursuant to joint resolution, the Department of 
5 Central
Management Services may enter into an agreement 
6 with the county or
municipality pursuant to such bid.


7  (c-5) To build and maintain regional juvenile 
8 detention centers and to
charge a per diem to the counties 
9 as established by the Department to defray
the costs of 
10 housing each minor in a center. In this subsection (c-5),

11 "juvenile
detention center" means a facility to house 
12 minors during pendency of trial who
have been transferred 
13 from proceedings under the Juvenile Court Act of 1987 to

14 prosecutions under the criminal laws of this State in 
15 accordance with Section
5-805 of the Juvenile Court Act of 
16 1987, whether the transfer was by operation
of
law or 
17 permissive under that Section. The Department shall 
18 designate the
counties to be served by each regional 
19 juvenile detention center.


20  (d) To develop and maintain programs of control, 
21 rehabilitation and
employment of committed persons within 
22 its institutions.

23  (d-5) To provide a pre-release job preparation program 
24 for inmates at Illinois adult correctional centers.


25  (e) To establish a system of supervision and guidance 
26 of committed persons
in the community.


 
 
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1  (f) To establish in cooperation with the Department of 
2 Transportation
to supply a sufficient number of prisoners 
3 for use by the Department of
Transportation to clean up the 
4 trash and garbage along State, county,
township, or 
5 municipal highways as designated by the Department of

6 Transportation. The Department of Corrections, at the 
7 request of the
Department of Transportation, shall furnish 
8 such prisoners at least
annually for a period to be agreed 
9 upon between the Director of
Corrections and the Director 
10 of Transportation. The prisoners used on this
program shall 
11 be selected by the Director of Corrections on whatever 
12 basis
he deems proper in consideration of their term, 
13 behavior and earned eligibility
to participate in such 
14 program - where they will be outside of the prison
facility 
15 but still in the custody of the Department of Corrections. 
16 Prisoners
convicted of first degree murder, or a Class X 
17 felony, or armed violence, or
aggravated kidnapping, or 
18 criminal sexual assault, aggravated criminal sexual
abuse 
19 or a subsequent conviction for criminal sexual abuse, or 
20 forcible
detention, or arson, or a prisoner adjudged a 
21 Habitual Criminal shall not be
eligible for selection to 
22 participate in such program. The prisoners shall
remain as 
23 prisoners in the custody of the Department of Corrections 
24 and such
Department shall furnish whatever security is 
25 necessary. The Department of
Transportation shall furnish 
26 trucks and equipment for the highway cleanup
program and 
 
 
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1 personnel to supervise and direct the program. Neither the

2 Department of Corrections nor the Department of 
3 Transportation shall replace
any regular employee with a 
4 prisoner.


5  (g) To maintain records of persons committed to it and 
6 to establish
programs of research, statistics and 
7 planning.


8  (h) To investigate the grievances of any person 
9 committed to the
Department, to inquire into any alleged 
10 misconduct by employees
or committed persons, and to 
11 investigate the assets
of committed persons to implement 
12 Section 3-7-6 of this Code; and for
these purposes it may 
13 issue subpoenas and compel the attendance of witnesses
and 
14 the production of writings and papers, and may examine 
15 under oath any
witnesses who may appear before it; to also 
16 investigate alleged violations
of a parolee's or 
17 releasee's conditions of parole or release; and for this

18 purpose it may issue subpoenas and compel the attendance of 
19 witnesses and
the production of documents only if there is 
20 reason to believe that such
procedures would provide 
21 evidence that such violations have occurred.


22  If any person fails to obey a subpoena issued under 
23 this subsection,
the Director may apply to any circuit 
24 court to secure compliance with the
subpoena. The failure 
25 to comply with the order of the court issued in
response 
26 thereto shall be punishable as contempt of court.


 
 
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1  (i) To appoint and remove the chief administrative 
2 officers, and
administer
programs of training and 
3 development of personnel of the Department. Personnel

4 assigned by the Department to be responsible for the

5 custody and control of committed persons or to investigate 
6 the alleged
misconduct of committed persons or employees or 
7 alleged violations of a
parolee's or releasee's conditions 
8 of parole shall be conservators of the peace
for those 
9 purposes, and shall have the full power of peace officers 
10 outside
of the facilities of the Department in the 
11 protection, arrest, retaking
and reconfining of committed 
12 persons or where the exercise of such power
is necessary to 
13 the investigation of such misconduct or violations. This 
14 subsection shall not apply to persons committed to the 
15 Department of Juvenile Justice under the Juvenile Court Act 
16 of 1987 on aftercare release.


17  (j) To cooperate with other departments and agencies 
18 and with local
communities for the development of standards 
19 and programs for better
correctional services in this 
20 State.


21  (k) To administer all moneys and properties of the 
22 Department.


23  (l) To report annually to the Governor on the committed

24 persons, institutions and programs of the Department.


25  (l-5) (Blank).


26  (m) To make all rules and regulations and exercise all 
 
 
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1 powers and duties
vested by law in the Department.


2  (n) To establish rules and regulations for 
3 administering a system of
sentence credits, established in 
4 accordance with Section 3-6-3, subject
to review by the 
5 Prisoner Review Board.


6  (o) To administer the distribution of funds
from the 
7 State Treasury to reimburse counties where State penal

8 institutions are located for the payment of assistant 
9 state's attorneys'
salaries under Section 4-2001 of the 
10 Counties Code.


11  (p) To exchange information with the Department of 
12 Human Services and the
Department of Healthcare and Family 
13 Services
for the purpose of verifying living arrangements 
14 and for other purposes
directly connected with the 
15 administration of this Code and the Illinois
Public Aid 
16 Code.


17  (q) To establish a diversion program.


18  The program shall provide a structured environment for 
19 selected
technical parole or mandatory supervised release 
20 violators and committed
persons who have violated the rules 
21 governing their conduct while in work
release. This program 
22 shall not apply to those persons who have committed
a new 
23 offense while serving on parole or mandatory supervised 
24 release or
while committed to work release.


25  Elements of the program shall include, but shall not be 
26 limited to, the
following:


 
 
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1   (1) The staff of a diversion facility shall provide 
2 supervision in
accordance with required objectives set 
3 by the facility.


4   (2) Participants shall be required to maintain 
5 employment.


6   (3) Each participant shall pay for room and board 
7 at the facility on a
sliding-scale basis according to 
8 the participant's income.


9   (4) Each participant shall:


10    (A) provide restitution to victims in 
11 accordance with any court order;


12    (B) provide financial support to his 
13 dependents; and


14    (C) make appropriate payments toward any other 
15 court-ordered
obligations.


16   (5) Each participant shall complete community 
17 service in addition to
employment.


18   (6) Participants shall take part in such 
19 counseling, educational and
other programs as the 
20 Department may deem appropriate.


21   (7) Participants shall submit to drug and alcohol 
22 screening.


23   (8) The Department shall promulgate rules 
24 governing the administration
of the program.


25  (r) To enter into intergovernmental cooperation 
26 agreements under which
persons in the custody of the 
 
 
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1 Department may participate in a county impact

2 incarceration program established under Section 3-6038 or 
3 3-15003.5 of the
Counties Code.


4  (r-5) (Blank).


5  (r-10) To systematically and routinely identify with 
6 respect to each
streetgang active within the correctional 
7 system: (1) each active gang; (2)
every existing inter-gang 
8 affiliation or alliance; and (3) the current leaders
in 
9 each gang. The Department shall promptly segregate leaders 
10 from inmates who
belong to their gangs and allied gangs. 
11 "Segregate" means no physical contact
and, to the extent 
12 possible under the conditions and space available at the

13 correctional facility, prohibition of visual and sound 
14 communication. For the
purposes of this paragraph (r-10), 
15 "leaders" means persons who:


16   (i) are members of a criminal streetgang;


17   (ii) with respect to other individuals within the 
18 streetgang, occupy a
position of organizer, 
19 supervisor, or other position of management or

20 leadership; and


21   (iii) are actively and personally engaged in 
22 directing, ordering,
authorizing, or requesting 
23 commission of criminal acts by others, which are

24 punishable as a felony, in furtherance of streetgang 
25 related activity both
within and outside of the 
26 Department of Corrections.


 
 
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1 "Streetgang", "gang", and "streetgang related" have the 
2 meanings ascribed to
them in Section 10 of the Illinois 
3 Streetgang Terrorism Omnibus Prevention
Act.


4  (s) To operate a super-maximum security institution, 
5 in order to
manage and
supervise inmates who are disruptive 
6 or dangerous and provide for the safety
and security of the 
7 staff and the other inmates.


8  (t) To monitor any unprivileged conversation or any 
9 unprivileged
communication, whether in person or by mail, 
10 telephone, or other means,
between an inmate who, before 
11 commitment to the Department, was a member of an
organized 
12 gang and any other person without the need to show cause or 
13 satisfy
any other requirement of law before beginning the 
14 monitoring, except as
constitutionally required. The 
15 monitoring may be by video, voice, or other
method of 
16 recording or by any other means. As used in this 
17 subdivision (1)(t),
"organized gang" has the meaning 
18 ascribed to it in Section 10 of the Illinois
Streetgang 
19 Terrorism Omnibus Prevention Act.


20  As used in this subdivision (1)(t), "unprivileged 
21 conversation" or
"unprivileged communication" means a 
22 conversation or communication that is not
protected by any 
23 privilege recognized by law or by decision, rule, or order 
24 of
the Illinois Supreme Court.


25  (u) To establish a Women's and Children's Pre-release 
26 Community
Supervision
Program for the purpose of providing 
 
 
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1 housing and services to eligible female
inmates, as 
2 determined by the Department, and their newborn and young

3 children.

4  (u-5) To issue an order, whenever a person committed to 
5 the Department absconds or absents himself or herself, 
6 without authority to do so, from any facility or program to 
7 which he or she is assigned. The order shall be certified 
8 by the Director, the Supervisor of the Apprehension Unit, 
9 or any person duly designated by the Director, with the 
10 seal of the Department affixed. The order shall be directed 
11 to all sheriffs, coroners, and police officers, or to any 
12 particular person named in the order. Any order issued 
13 pursuant to this subdivision (1) (u-5) shall be sufficient 
14 warrant for the officer or person named in the order to 
15 arrest and deliver the committed person to the proper 
16 correctional officials and shall be executed the same as 
17 criminal process. 

18  (v) To do all other acts necessary to carry out the 
19 provisions
of this Chapter.

20 (2) The Department of Corrections shall by January 1, 1998, 
21consider
building and operating a correctional facility within 
22100 miles of a county of
over 2,000,000 inhabitants, especially 
23a facility designed to house juvenile
participants in the 
24impact incarceration program.

25 (3) When the Department lets bids for contracts for medical

26services to be provided to persons committed to Department 
 
 
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1facilities by
a health maintenance organization, medical 
2service corporation, or other
health care provider, the bid may 
3only be let to a health care provider
that has obtained an 
4irrevocable letter of credit or performance bond
issued by a 
5company whose bonds have an investment grade or higher rating 
6by a bond rating
organization.

7 (4) When the Department lets bids for
contracts for food or 
8commissary services to be provided to
Department facilities, 
9the bid may only be let to a food or commissary
services 
10provider that has obtained an irrevocable letter of
credit or 
11performance bond issued by a company whose bonds have an 
12investment grade or higher rating by a bond rating 
13organization.

14 (5) On and after the date 6 months after August 16, 2013 
15(the effective date of Public Act 98-488) this amendatory Act 
16of the 98th General Assembly, as provided in the Executive 
17Order 1 (2012) Implementation Act, all of the powers, duties, 
18rights, and responsibilities related to State healthcare 
19purchasing under this Code that were transferred from the 
20Department of Corrections to the Department of Healthcare and 
21Family Services by Executive Order 3 (2005) are transferred 
22back to the Department of Corrections; however, powers, duties, 
23rights, and responsibilities related to State healthcare 
24purchasing under this Code that were exercised by the 
25Department of Corrections before the effective date of 
26Executive Order 3 (2005) but that pertain to individuals 
 
 
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1resident in facilities operated by the Department of Juvenile 
2Justice are transferred to the Department of Juvenile Justice. 
3 (6) The Illinois Department of Corrections (IDOC) shall 
4enter into a Memorandum of Understanding (MOU) with U.S. 
5Immigration and Customs Enforcement (ICE), under Section 
6241(a) of the Immigration and Nationality Act, codified at 8 
7U.S.C. Section 1231(a), as amended by the Homeland Security Act 
8of 2002, Public Law No. 107-296 as codified at 8 U.S.C. 
9Sections 131-134 which authorizes the Secretary of the 
10Department of Homeland Security to enter into written 
11agreements with a state or any political subdivision of a state 
12to remove certain non-United States citizens in the custody of 
13that state. The purpose of the MOU is to set forth terms by 
14which ICE and IDOC will cooperate in a Rapid Removal of 
15Eligible Parolees Accepted for Transfer ("Rapid REPAT") 
16program, which allows for early conditional release for 
17deportation of these noncitizens to their home countries. The 
18MOU shall provide that a person may take part in this program 
19only if a final order of deportation has been issued against 
20that person, if prior to the issuance of the order:
21  (A) the person has been advised of and given a full and 
22 fair opportunity to exercise his or her rights under 
23 federal immigration law to a hearing before an immigration 
24 judge to contest his or her removal from the United States, 
25 including but not limited to the right to seek and consult 
26 with legal counsel and to be represented by counsel at the 
 
 
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1 hearing, to present evidence in support of any applicable 
2 defense to a removal proceeding or claim for relief from 
3 removal, and to seek review of an adverse decision by the 
4 judge;
5  (B) the person has been informed of available legal 
6 referral services and of law firms and not-for-profit 
7 organizations that provide free or low-cost legal 
8 assistance; and
9  (C) the information described in subparagraphs (A) and 
10 (B) has been provided verbally and in writing in English 
11 and in the person's native language. 
12(Source: P.A. 97-697, eff. 6-22-12; 97-800, eff. 7-13-12; 
1397-802, eff. 7-13-12; 98-463, eff. 8-16-13; 98-488, eff. 
148-16-13; 98-558, eff. 1-1-14; revised 9-24-13.)





15 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)


16 Sec. 3-3-2. Powers and Duties. 

17 (a) The Parole and Pardon Board is abolished and the term 
18"Parole and
Pardon Board" as used in any law of Illinois, shall 
19read "Prisoner Review
Board." After the effective date of this 
20amendatory Act of 1977, the
Prisoner Review Board shall provide 
21by rule for the orderly transition of
all files, records, and 
22documents of the Parole and Pardon Board and for
such other 
23steps as may be necessary to effect an orderly transition and 
24shall:


25  (1) hear by at least one member and through a panel of 
 
 
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1 at least 3 members
decide, cases of prisoners
who were 
2 sentenced under the law in effect prior to the effective

3 date of this amendatory Act of 1977, and who are eligible 
4 for parole;


5  (2) hear by at least one member and through a panel of 
6 at least 3 members decide, the conditions of
parole and the 
7 time of discharge from parole, impose sanctions for

8 violations of parole, and revoke
parole for those sentenced 
9 under the law in effect prior to this amendatory
Act of 
10 1977; provided that the decision to parole and the 
11 conditions of
parole for all prisoners who were sentenced 
12 for first degree murder or who
received a minimum sentence 
13 of 20 years or more under the law in effect
prior to 
14 February 1, 1978 shall be determined by a majority vote of 
15 the
Prisoner Review Board. One representative supporting 
16 parole and one representative opposing parole will be 
17 allowed to speak. Their comments shall be limited to making 
18 corrections and filling in omissions to the Board's 
19 presentation and discussion;


20  (3) hear by at least one member and through a panel of 
21 at least 3 members decide, the conditions
of mandatory 
22 supervised release and the time of discharge from mandatory

23 supervised release, impose sanctions for violations of 
24 mandatory
supervised release, and revoke mandatory 
25 supervised release for those
sentenced under the law in 
26 effect after the effective date of this
amendatory Act of 
 
 
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1 1977;

2  (3.5) hear by at least one member and through a panel 
3 of at least 3 members decide, the conditions of mandatory 
4 supervised release and the time of discharge from mandatory 
5 supervised release, to impose sanctions for violations of 
6 mandatory supervised release and revoke mandatory 
7 supervised release for those serving extended supervised 
8 release terms pursuant to paragraph (4) of subsection (d) 
9 of Section 5-8-1;

10  (3.6) hear by at least one member and through a panel 
11 of at least 3 members decide, the time of aftercare 
12 release, the conditions of aftercare release and the time 
13 of discharge from aftercare release, impose sanctions for 
14 violations of aftercare release, and revoke aftercare 
15 release for those adjudicated delinquent under the 
16 Juvenile Court Act of 1987; 

17  (4) hear by at least one member and through a panel of 
18 at least 3
members,
decide cases brought by the Department 
19 of Corrections against a prisoner in
the custody of the 
20 Department for alleged violation of Department rules
with 
21 respect to sentence credits under Section 3-6-3 of this 
22 Code
in which the Department seeks to revoke sentence 
23 credits, if the amount
of time at issue exceeds 30 days or 
24 when, during any 12 month period, the
cumulative amount of 
25 credit revoked exceeds 30 days except where the
infraction 
26 is committed or discovered within 60 days of scheduled 
 
 
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1 release.
In such cases, the Department of Corrections may 
2 revoke up to 30 days of
sentence credit. The Board may 
3 subsequently approve the revocation of
additional sentence 
4 credit, if the Department seeks to revoke sentence credit 
5 in excess of thirty days. However, the Board shall not be

6 empowered to review the Department's decision with respect 
7 to the loss of
30 days of sentence credit for any prisoner 
8 or to increase any penalty
beyond the length requested by 
9 the Department;


10  (5) hear by at least one member and through a panel of 
11 at least 3
members decide, the
release dates for certain 
12 prisoners sentenced under the law in existence
prior to the 
13 effective date of this amendatory Act of 1977, in

14 accordance with Section 3-3-2.1 of this Code;


15  (6) hear by at least one member and through a panel of 
16 at least 3 members
decide, all requests for pardon, 
17 reprieve or commutation, and make confidential

18 recommendations to the Governor;


19  (7) comply with the requirements of the Open Parole 
20 Hearings Act;


21  (8) hear by at least one member and, through a panel of 
22 at least 3
members, decide cases brought by the Department 
23 of Corrections against a
prisoner in the custody of the 
24 Department for court dismissal of a frivolous
lawsuit 
25 pursuant to Section 3-6-3(d) of this Code in which the 
26 Department seeks
to revoke up to 180 days of sentence 
 
 
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1 credit, and if the prisoner has not
accumulated 180 days of 
2 sentence credit at the time of the dismissal, then
all 
3 sentence credit accumulated by the prisoner shall be 
4 revoked;


5  (9) hear by at least 3 members, and, through a panel of 
6 at least 3
members, decide whether to grant certificates of 
7 relief from
disabilities or certificates of good conduct as 
8 provided in Article 5.5 of
Chapter V;
9  (10) upon a petition by a person who has been convicted 
10 of a Class 3 or Class 4 felony and who meets the 
11 requirements of this paragraph, hear by at least 3 members 
12 and, with the unanimous vote of a panel of 3 members, issue 
13 a certificate of eligibility for sealing recommending that 
14 the court order the sealing of all official
records of the 
15 arresting authority, the circuit court clerk, and the 
16 Department of State Police concerning the arrest and 
17 conviction for the Class 3 or 4 felony. A person may not 
18 apply to the Board for a certificate of eligibility for 
19 sealing:
20   (A) until 5 years have elapsed since the expiration 
21 of his or her sentence;
22   (B) until 5 years have elapsed since any arrests or 
23 detentions by a law enforcement officer for an alleged 
24 violation of law, other than a petty offense, traffic 
25 offense, conservation offense, or local ordinance 
26 offense;
 
 
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1   (C) if convicted of a violation of the Cannabis 
2 Control Act, Illinois Controlled Substances Act, the 
3 Methamphetamine Control and Community Protection Act, 
4 the Methamphetamine Precursor Control Act, or the 
5 Methamphetamine Precursor Tracking Act unless the 
6 petitioner has completed a drug abuse program for the 
7 offense on which sealing is sought and provides proof 
8 that he or she has completed the program successfully;
9   (D) if convicted of:
10    (i) a sex offense described in Article 11 or 
11 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of 
12 the Criminal Code of 1961 or the Criminal Code of 
13 2012;
14    (ii) aggravated assault;
15    (iii) aggravated battery;
16    (iv) domestic battery;
17    (v) aggravated domestic battery;
18    (vi) violation of an order of protection;
19    (vii) an offense under the Criminal Code of 
20 1961 or the Criminal Code of 2012 involving a 
21 firearm; 
22    (viii) driving while under the influence of 
23 alcohol, other drug or drugs, intoxicating 
24 compound or compounds or any combination thereof;
25    (ix) aggravated driving while under the 
26 influence of alcohol, other drug or drugs, 
 
 
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1 intoxicating compound or compounds or any 
2 combination thereof; or
3    (x) any crime defined as a crime of violence 
4 under Section 2 of the Crime Victims Compensation 
5 Act.
6  If a person has applied to the Board for a certificate 
7 of eligibility for sealing and the Board denies the 
8 certificate, the person must wait at least 4 years before 
9 filing again or filing for pardon from the Governor unless 
10 the Chairman of the Prisoner Review Board grants a waiver.
11  The decision to issue or refrain from issuing a 
12 certificate of eligibility for sealing shall be at the 
13 Board's sole discretion, and shall not give rise to any 
14 cause of action against either the Board or its members.
15  The Board may only authorize the sealing of Class 3 and 
16 4 felony convictions of the petitioner from one information 
17 or indictment under this paragraph (10). A petitioner may 
18 only receive one certificate of eligibility for sealing 
19 under this provision for life; and

20  (11) upon a petition by a person who after having been 
21 convicted of a Class 3 or Class 4 felony thereafter served 
22 in the United States Armed Forces or National Guard of this 
23 or any other state and had received an honorable discharge 
24 from the United States Armed Forces or National Guard or 
25 who at the time of filing the petition is enlisted in the 
26 United States Armed Forces or National Guard of this or any 
 
 
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1 other state and served one tour of duty and who meets the 
2 requirements of this paragraph, hear by at least 3 members 
3 and, with the unanimous vote of a panel of 3 members, issue 
4 a certificate of eligibility for expungement recommending 
5 that the court order the expungement of all official

6 records of the arresting authority, the circuit court 
7 clerk, and the Department of State Police concerning the 
8 arrest and conviction for the Class 3 or 4 felony. A person 
9 may not apply to the Board for a certificate of eligibility 
10 for expungement:
11   (A) if convicted of:
12    (i) a sex offense described in Article 11 or 
13 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of 
14 the Criminal Code of 1961 or Criminal Code of 2012;
15    (ii) an offense under the Criminal Code of 1961 
16 or Criminal Code of 2012 involving a firearm; or
17    (iii) a crime of violence as defined in Section 
18 2 of the Crime Victims Compensation Act; or
19   (B) if the person has not served in the United 
20 States Armed Forces or National Guard of this or any 
21 other state or has not received an honorable discharge 
22 from the United States Armed Forces or National Guard 
23 of this or any other state or who at the time of the 
24 filing of the petition is serving in the United States 
25 Armed Forces or National Guard of this or any other 
26 state and has not completed one tour of duty.
 
 
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1  If a person has applied to the Board for a certificate 
2 of eligibility for expungement and the Board denies the 
3 certificate, the person must wait at least 4 years before 
4 filing again or filing for a pardon with authorization for 
5 expungement from the Governor unless the Governor or 
6 Chairman of the Prisoner Review Board grants a waiver; and . 
7  (12) hear by at least one member and, through a panel 
8 of at least 3 members, decide all requests for early 
9 conditional release under the Rapid REPAT program 
10 described in subsection (5) of Section 3-2-2 of this Code. 
11 (a-5) The Prisoner Review Board, with the cooperation of 
12and in
coordination with the Department of Corrections and the 
13Department of Central
Management Services, shall implement a 
14pilot project in 3 correctional
institutions providing for the 
15conduct of hearings under paragraphs (1) and
(4)
of subsection 
16(a) of this Section through interactive video conferences.
The

17project shall be implemented within 6 months after the 
18effective date of this
amendatory Act of 1996. Within 6 months 
19after the implementation of the pilot
project, the Prisoner 
20Review Board, with the cooperation of and in coordination
with 
21the Department of Corrections and the Department of Central 
22Management
Services, shall report to the Governor and the 
23General Assembly regarding the
use, costs, effectiveness, and 
24future viability of interactive video
conferences for Prisoner 
25Review Board hearings.

26 (b) Upon recommendation of the Department the Board may 
 
 
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1restore sentence credit previously revoked.

2 (c) The Board shall cooperate with the Department in 
3promoting an
effective system of parole, aftercare release, and 
4mandatory supervised release.

5 (d) The Board shall promulgate rules for the conduct of its 
6work,
and the Chairman shall file a copy of such rules and any 
7amendments
thereto with the Director and with the Secretary of 
8State.

9 (e) The Board shall keep records of all of its official 
10actions and
shall make them accessible in accordance with law 
11and the rules of the
Board.

12 (f) The Board or one who has allegedly violated the 
13conditions of
his or her parole, aftercare release, or 
14mandatory supervised release may require by subpoena the

15attendance and testimony of witnesses and the production of 
16documentary
evidence relating to any matter under 
17investigation or hearing. The
Chairman of the Board may sign 
18subpoenas which shall be served by any
agent or public official 
19authorized by the Chairman of the Board, or by
any person 
20lawfully authorized to serve a subpoena under the laws of the

21State of Illinois. The attendance of witnesses, and the 
22production of
documentary evidence, may be required from any 
23place in the State to a
hearing location in the State before 
24the Chairman of the Board or his or her
designated agent or 
25agents or any duly constituted Committee or
Subcommittee of the 
26Board. Witnesses so summoned shall be paid the same
fees and 
 
 
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1mileage that are paid witnesses in the circuit courts of the

2State, and witnesses whose depositions are taken and the 
3persons taking
those depositions are each entitled to the same 
4fees as are paid for
like services in actions in the circuit 
5courts of the State. Fees and
mileage shall be vouchered for 
6payment when the witness is discharged
from further attendance.

7 In case of disobedience to a subpoena, the Board may 
8petition any
circuit court of the State for an order requiring 
9the attendance and
testimony of witnesses or the production of 
10documentary evidence or
both. A copy of such petition shall be 
11served by personal service or by
registered or certified mail 
12upon the person who has failed to obey the
subpoena, and such 
13person shall be advised in writing that a hearing
upon the 
14petition will be requested in a court room to be designated in

15such notice before the judge hearing motions or extraordinary 
16remedies
at a specified time, on a specified date, not less 
17than 10 nor more than
15 days after the deposit of the copy of 
18the written notice and petition
in the U.S. mails addressed to 
19the person at his last known address or
after the personal 
20service of the copy of the notice and petition upon
such 
21person. The court upon the filing of such a petition, may order 
22the
person refusing to obey the subpoena to appear at an 
23investigation or
hearing, or to there produce documentary 
24evidence, if so ordered, or to
give evidence relative to the 
25subject matter of that investigation or
hearing. Any failure to 
26obey such order of the circuit court may be
punished by that 
 
 
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1court as a contempt of court.

2 Each member of the Board and any hearing officer designated 
3by the
Board shall have the power to administer oaths and to 
4take the testimony
of persons under oath.

5 (g) Except under subsection (a) of this Section, a majority 
6of the
members then appointed to the Prisoner Review Board 
7shall constitute a
quorum for the transaction of all business 
8of the Board.

9 (h) The Prisoner Review Board shall annually transmit to 
10the
Director a detailed report of its work for the preceding 
11calendar year.
The annual report shall also be transmitted to 
12the Governor for
submission to the Legislature.

13(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13; 
1497-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff. 
151-1-14; revised 8-28-13.)




16 (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)


17 Sec. 3-3-3. Eligibility for Parole or Release. 

18 (a) Except for those offenders who accept the fixed release

19date established by the Prisoner Review Board under Section

203-3-2.1, every person serving a term of imprisonment under
the 
21law in effect prior to the effective date of this
amendatory 
22Act of 1977 shall be eligible for parole when
he or she has 
23served:


24  (1) the minimum term of an indeterminate sentence less

25 time credit for good behavior, or 20 years less time credit

 
 
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1 for good behavior, whichever is less; or


2  (2) 20 years of a life sentence less time credit for 
3 good behavior; or


4  (3) 20 years or one-third of a determinate sentence,

5 whichever is less, less time credit for good behavior.

6 (b) No person sentenced under this amendatory Act of 1977 
7or who accepts
a release date under Section 3-3-2.1 shall be 
8eligible for parole.

9 (c) Except for those sentenced to a term of natural
life 
10imprisonment, every person sentenced to imprisonment
under 
11this amendatory Act of 1977 or given a release date
under 
12Section 3-3-2.1 of this Act shall serve the full term
of a 
13determinate sentence less time credit for good behavior
and 
14shall then be released under the mandatory supervised
release 
15provisions of paragraph (d) of Section 5-8-1 of this Code.

16 (d) No person serving a term of natural life imprisonment 
17may be paroled
or released except through executive clemency.

18 (e) Every person committed to the Department of Juvenile 
19Justice under Section
5-10 of the Juvenile Court Act or Section 
205-750 of the Juvenile
Court Act
of 1987 or Section 5-8-6 of 
21this Code and confined in the State correctional
institutions 
22or facilities if such juvenile has not been
tried as an adult 
23shall be eligible for aftercare release without
regard to the 
24length of time the person has been confined
or whether the 
25person has served any minimum term imposed.
However, if a 
26juvenile has been tried as an adult he or she shall
only be 
 
 
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1eligible for parole or mandatory supervised release
as an adult 
2under this Section.

3 (f) Notwithstanding any other provision of law, any person 
4committed to the Department of Corrections who is not a citizen 
5of the United States who meets the following criteria may be 
6released by the Prisoner Review Board to the custody of the 
7United States Department of Homeland Security, Immigration and 
8Customs Enforcement under the Rapid REPAT program described in 
9subsection (6) of Section 3-2-2 of this Code:
10  (1) the person has requested this release voluntarily, 
11 but only after:
12   (A) the Department of Corrections has identified 
13 the person as potentially eligible for the Rapid REPAT 
14 program based on the person having fulfilled the 
15 requirements in paragraphs (2), (3), and (4) of this 
16 subsection (f);
17   (B) subsequent to the identification described in 
18 subparagraph (A) of this paragraph (1), the Department 
19 of Corrections has fully informed the person, both 
20 verbally and in writing in English and in the person's 
21 native language, about the Rapid REPAT program, 
22 including the program requirements for transfer to 
23 Immigration and Customs Enforcement and removal from 
24 the United States and the consequences of returning to 
25 the United States illegally subsequent to removal; and
26   (C) the Department of Corrections has provided the 
 
 
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1 person with a written list of names and phone numbers 
2 of legal resources with which the person may seek legal 
3 consultation, including legal referral services, law 
4 firms, and not-for-profit organizations that provide 
5 free or low-cost legal assistance;
6  (2) a final order of deportation has been issued 
7 against the person, provided that prior to the issuance of 
8 the order, the person has been provided the information 
9 described in the last sentence of subsection (6) of Section 
10 3-2-2 of this Code, and provided further that Immigration 
11 and Customs Enforcement has notified the Department of 
12 Corrections that the person has exhausted or voluntarily 
13 waived in writing any further rights to seek review of this 
14 order; 
15  (3) the person has less than one year remaining on his 
16 or her sentence of incarceration with the Department of 
17 Corrections; and
18  (4) the person is not serving a sentence for a forcible 
19 felony, as defined in the Criminal Code of 2012; for any 
20 offense "directed against the person", as identified in 
21 Part B of Title III of the Criminal Code of 2012; for any 
22 offense "affecting governmental functions", as identified 
23 in Part E of Title III of the Criminal Code of 2012; for 
24 any "aggravated" offense, as identified in Part F of Title 
25 III of the Criminal Code of 2012; or for an offense falling 
26 into a Class of felony other than Class 3 or 4, as set out 
 
 
HB5301- 30 -LRB098 18652 MRW 53795 b


1 in the Criminal Code of 2012 and the Unified Code of 
2 Corrections.
3 The Board may condition the early conditional release of a 
4person under this subsection (f) on receipt of assurance from 
5Immigration and Customs Enforcement that the order of 
6deportation will be executed promptly and that a person 
7released under this subsection (f) will not be released from 
8the custody of Immigration and Customs Enforcement, unless the 
9release is a result of deportation, without notice to the Board 
10and an opportunity for issuance of a parole violation warrant 
11for the return to custody of the person.
12 If a person released under this subsection (f) returns 
13illegally to the United States, on notification from any 
14federal, state, or local law enforcement authority that the 
15person is in custody, the Board shall revoke his or her early 
16conditional release. Thereafter, the person shall not be 
17eligible for release without first having served the full 
18remainder of his or her term of incarceration. In this event, 
19though, the time spent in the custody of Immigration and 
20Customs Enforcement shall be credited against the remainder of 
21the term of incarceration. 
22(Source: P.A. 98-558, eff. 1-1-14.)





23 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)



24 Sec. 3-3-8. Length of parole, aftercare release, and 
25mandatory supervised
release; discharge.)
 
 
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1 (a) The length of parole
for a person sentenced under the 
2law in effect prior to
the effective date of this amendatory 
3Act of 1977 and the
length of mandatory supervised release for 
4those sentenced
under the law in effect on and after such 
5effective date
shall be as set out in Section 5-8-1 unless 
6sooner terminated
under paragraph (b) of this Section. The 
7aftercare release period
of a juvenile committed to the 
8Department under the Juvenile
Court Act or the Juvenile Court 
9Act of 1987 shall extend until he or she is 21
years of age 
10unless sooner terminated under paragraph (b) of this Section.

11 (b) The Prisoner Review Board may enter an order
releasing 
12and discharging one from parole, aftercare release, or 
13mandatory
supervised release, and his or her commitment to the 
14Department,
when it determines that he or she is likely to 
15remain at liberty
without committing another offense.

16 (b-1) Provided that the subject is in compliance with the 
17terms and conditions of his or her parole, aftercare release, 
18or mandatory supervised release, the Prisoner Review Board may 
19reduce the period of a parolee or releasee's parole, aftercare 
20release, or mandatory supervised release by 90 days upon the 
21parolee or releasee receiving a high school diploma or upon 
22passage of the high school level Test of General Educational 
23Development during the period of his or her parole, aftercare 
24release, or mandatory supervised release. This reduction in the 
25period of a subject's term of parole, aftercare release, or 
26mandatory supervised release shall be available only to 
 
 
HB5301- 32 -LRB098 18652 MRW 53795 b


1subjects who have not previously earned a high school diploma 
2or who have not previously passed the high school level Test of 
3General Educational Development. 
4 (b-2) The Prisoner Review Board may enter an order granting 
5early conditional release under the Rapid REPAT program 
6described in subsection (6) of Section 3-2-2 of this Code in 
7accordance with subsection (f) of Section 3-3-3 of this Code. 
8 (c) The order of discharge shall become effective upon 
9entry of the
order of the Board. The Board shall notify the 
10clerk of the committing
court of the order. Upon receipt of 
11such copy, the clerk shall make an
entry on the record judgment 
12that the sentence or commitment has been
satisfied pursuant to 
13the order.

14 (d) Rights of the person discharged under this
Section 
15shall be restored under Section 5-5-5. This Section is subject 
16to
Section 5-750 of the Juvenile Court Act of 1987.

17(Source: P.A. 97-531, eff. 1-1-12; 98-558, eff. 1-1-14.)


 
 
HB5301- 33 -LRB098 18652 MRW 53795 b


1
INDEX

2
Statutes amended in order of appearance