Sen. Scott M. Bennett
Filed: 5/1/2019
 
 


 




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1
AMENDMENT TO HOUSE BILL 3584




2 AMENDMENT NO. ______. Amend House Bill 3584 on page 20, by 
3replacing line 8 with the following:
4 "(d) Procedures after the imposition of sentence.
5  (1) The Prisoner Review Board shall inform a victim 
6 or"; and
 
7on page 22, by replacing lines 4 through 21 with the following:

8 "(4) The victim of the crime for which the prisoner has 
9been sentenced has the right to register with the Prisoner 
10Review Board's victim registry. Victims registered with the 
11Board
shall receive reasonable written notice not less than 30 
12days prior to the
parole hearing or target aftercare release 
13date. The victim has the right to submit a victim statement for 
14consideration by the Prisoner Review Board or the Department of 
15Juvenile Justice in writing, on film, videotape, or other 
16electronic means, or in the form of a recording prior to the 
17parole hearing or target aftercare release date, or in person 
 
 
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1at the parole hearing or aftercare release protest hearing, or 
2by calling the toll-free number established in subsection (f) 
3of this Section. and may submit, in writing, on film, videotape 
4or other
electronic means or in the form of a recording prior 
5to the parole hearing or target aftercare release date or in 
6person at the parole hearing or aftercare release protest 
7hearing
or if a victim of a violent crime, by calling the

8toll-free number established in subsection (f) of this Section, 
9information
for
consideration by the Prisoner Review Board or 
10Department of Juvenile Justice. The
victim shall be notified 
11within 7 days after the prisoner has been granted
parole or 
12aftercare release and shall be informed of the right to inspect 
13the registry of parole
decisions, established under subsection 
14(g) of Section 3-3-5 of the Unified
Code of Corrections. The 
15provisions of this paragraph (4) are subject to the
Open Parole 
16Hearings Act. Victim statements provided to the Board shall be 
17confidential and privileged, including any statements received 
18prior to the effective date of this amendatory Act of the 101st 
19General Assembly, except if the statement was an oral statement 
20made by the victim at a hearing open to the public.
21 (4-1) The crime victim has the right to submit a victim 
22statement for consideration by the Prisoner Review Board or the 
23Department of Juvenile Justice prior to or at a hearing to 
24determine the conditions of mandatory supervised release of a 
25person sentenced to a determinate sentence or at a hearing on 
26revocation of mandatory supervised release of a person 
 
 
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1sentenced to a determinate sentence. A victim statement may be 
2submitted in writing, on film, videotape, or other electronic 
3means, or in the form of a recording, or orally at a hearing, 
4or by calling the toll-free number established in subsection 
5(f) of this Section. Victim statements provided to the Board 
6shall be confidential and privileged, including any statements 
7received prior to the effective date of this amendatory Act of 
8the 101st General Assembly, except if the statement was an oral 
9statement made by the victim at a hearing open to the public.
10 (4-2) The crime victim has the right to submit a victim 
11statement to the Prisoner Review Board for consideration at an 
12executive clemency hearing as provided in Section 3-3-13 of the 
13Unified Code of Corrections. A victim statement may be 
14submitted in writing, on film, videotape, or other electronic 
15means, or in the form of a recording prior to a hearing, or 
16orally at a hearing, or by calling the toll-free number 
17established in subsection (f) of this Section. Victim 
18statements provided to the Board shall be confidential and 
19privileged, including any statements received prior to the 
20effective date of this amendatory Act of the 101st General 
21Assembly, except if the statement was an oral statement made by 
22the victim at a hearing open to the public."; and 

23on page 24, by replacing lines 12 through 23 with the 
24following:
25 "(f) The Prisoner Review To permit a crime victim of a 
 
 
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1violent crime to provide information to the
Prisoner Review 
2Board or the Department of Juvenile Justice for consideration 
3by the
Board or Department at a parole hearing or before an 
4aftercare release decision of a person who committed the crime 
5against
the victim in accordance with clause (d)(4) of this 
6Section or at a proceeding
to determine the conditions of 
7mandatory supervised release of a person
sentenced to a 
8determinate sentence or at a hearing on revocation of mandatory

9supervised release of a person sentenced to a determinate 
10sentence, the Board
shall establish a toll-free number that may 
11be accessed by the crime victim of
a violent crime to present a 
12victim statement that information to the Board in accordance 
13with paragraphs (4), (4-1), and (4-2) of subsection (d)."; and

14by replacing line 26 on page 27 through line 7 on page 28 with 
15the following:
16 "(b-5) The crime victim has the right to register with the 
17Prisoner Review Board's victim registry. The crime victim has 
18the right to submit a victim statement to the Board for 
19consideration at hearings as provided in Section 4.5. Victim 
20statements provided to the Board shall be confidential and 
21privileged, including any statements received prior to the 
22effective date of this amendatory Act of the 101st General 
23Assembly, except if the statement was an oral statement made by 
24the victim at a hearing open to the public."; and

 
 
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1on page 28, by replacing line 20 with the following:
2"changing Sections 3-3-1, 3-3-2, 3-3-4, 3-3-9, 3-3-13, 
35-4.5-20, 5-4.5-25, 5-4.5-30, and 5-8-1 and by renumbering and 
4changing Section 5-4.5-10 as added by Public Act 100-1182 as 
5follows:



6 (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)


7 (Text of Section before amendment by P.A. 100-1182)
8 Sec. 3-3-1. Establishment and appointment of Prisoner 
9Review Board. 

10 (a) There shall be a Prisoner Review Board independent of 
11the Department
which shall be:

12  (1) the paroling authority for persons sentenced under 
13 the
law in effect prior to the effective date of this 
14 amendatory
Act of 1977;

15  (1.5) (blank); 
16  (2) the board of review for cases involving the 
17 revocation
of sentence credits or a suspension or reduction 
18 in the
rate of accumulating the credit;

19  (3) the board of review and recommendation for the 
20 exercise
of executive clemency by the Governor;

21  (4) the authority for establishing release dates for

22 certain prisoners sentenced under the law in existence 
23 prior
to the effective date of this amendatory Act of 1977, 
24 in
accordance with Section 3-3-2.1 of this Code;

25  (5) the authority for setting conditions for parole and

 
 
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1 mandatory supervised release under Section 5-8-1(a) of 
2 this
Code, and determining whether a violation of those 
3 conditions
warrant revocation of parole or mandatory 
4 supervised release
or the imposition of other sanctions; 
5 and
6  (6) the authority for determining whether a violation 
7 of aftercare release conditions warrant revocation of 
8 aftercare release. 

9 (b) The Board shall consist of 15 persons appointed by
the 
10Governor by and with the advice and consent of the Senate.
One 
11member of the Board shall be designated by the Governor
to be 
12Chairman and shall serve as Chairman at the pleasure of
the 
13Governor. The members of the Board shall have had at
least 5 
14years of actual experience in the fields of penology,

15corrections work, law enforcement, sociology, law, education,

16social work, medicine, psychology, other behavioral sciences,

17or a combination thereof. At least 6 members so appointed
must 
18have had at least 3 years experience in the field of
juvenile 
19matters. No more than 8 Board members may be members
of the 
20same political party.

21 Each member of the Board shall serve on a full-time basis

22and shall not hold any other salaried public office, whether 
23elective or
appointive, nor any other office or position of 
24profit, nor engage in any
other business, employment, or 
25vocation. The Chairman of the Board shall
receive $35,000 a 
26year, or an amount set by the Compensation Review Board,

 
 
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1whichever is greater, and each other member $30,000, or an 
2amount set by the
Compensation Review Board, whichever is 
3greater.

4 (c) Notwithstanding any other provision of this Section,

5the term of each member of the Board
who was appointed by the 
6Governor and is in office on June 30, 2003 shall
terminate at 
7the close of business on that date or when all of the successor

8members to be appointed pursuant to this amendatory Act of the 
993rd General
Assembly have been appointed by the Governor, 
10whichever occurs later. As soon
as possible, the Governor shall 
11appoint persons to fill the vacancies created
by this 
12amendatory Act.

13 Of the initial members appointed under this amendatory Act 
14of the 93rd
General Assembly, the Governor shall appoint 5 
15members whose terms shall expire
on the third Monday
in January 
162005, 5 members whose terms shall expire on the
third Monday in 
17January 2007, and 5 members whose terms
shall expire on the 
18third Monday in January 2009. Their respective successors
shall 
19be appointed for terms of 6 years from the third Monday
in 
20January of the year of appointment. Each member shall
serve 
21until his or her successor is appointed and qualified.

22 Any member may be removed by the Governor for incompetence, 
23neglect of duty,
malfeasance or inability to serve.

24 (d) The Chairman of the Board shall be its chief executive 
25and
administrative officer. The Board may have an Executive 
26Director; if so,
the Executive Director shall be appointed by 
 
 
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1the Governor with the advice and
consent of the Senate. The 
2salary and duties of the Executive Director shall
be fixed by 
3the Board.

4(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)

5 (Text of Section after amendment by P.A. 100-1182)
6 Sec. 3-3-1. Establishment and appointment of Prisoner 
7Review Board. 

8 (a) There shall be a Prisoner Review Board independent of 
9the Department
which shall be:

10  (1) the paroling authority for persons sentenced under 
11 the
law in effect prior to the effective date of this 
12 amendatory
Act of 1977;

13  (1.2) the paroling authority for persons eligible for 
14 parole review under Section 5-4.5-115 5-4.5-110; 
15  (1.5) (blank); 
16  (2) the board of review for cases involving the 
17 revocation
of sentence credits or a suspension or reduction 
18 in the
rate of accumulating the credit;

19  (3) the board of review and recommendation for the 
20 exercise
of executive clemency by the Governor;

21  (4) the authority for establishing release dates for

22 certain prisoners sentenced under the law in existence 
23 prior
to the effective date of this amendatory Act of 1977, 
24 in
accordance with Section 3-3-2.1 of this Code;

25  (5) the authority for setting conditions for parole and

 
 
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1 mandatory supervised release under Section 5-8-1(a) of 
2 this
Code, and determining whether a violation of those 
3 conditions
warrant revocation of parole or mandatory 
4 supervised release
or the imposition of other sanctions; 
5 and
6  (6) the authority for determining whether a violation 
7 of aftercare release conditions warrant revocation of 
8 aftercare release. 

9 (b) The Board shall consist of 15 persons appointed by
the 
10Governor by and with the advice and consent of the Senate.
One 
11member of the Board shall be designated by the Governor
to be 
12Chairman and shall serve as Chairman at the pleasure of
the 
13Governor. The members of the Board shall have had at
least 5 
14years of actual experience in the fields of penology,

15corrections work, law enforcement, sociology, law, education,

16social work, medicine, psychology, other behavioral sciences,

17or a combination thereof. At least 6 members so appointed
must 
18have at least 3 years experience in the field of
juvenile 
19matters. No more than 8 Board members may be members
of the 
20same political party. 

21 Each member of the Board shall serve on a full-time basis

22and shall not hold any other salaried public office, whether 
23elective or
appointive, nor any other office or position of 
24profit, nor engage in any
other business, employment, or 
25vocation. The Chairman of the Board shall
receive $35,000 a 
26year, or an amount set by the Compensation Review Board,

 
 
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1whichever is greater, and each other member $30,000, or an 
2amount set by the
Compensation Review Board, whichever is 
3greater.

4 (c) Notwithstanding any other provision of this Section,

5the term of each member of the Board
who was appointed by the 
6Governor and is in office on June 30, 2003 shall
terminate at 
7the close of business on that date or when all of the successor

8members to be appointed pursuant to this amendatory Act of the 
993rd General
Assembly have been appointed by the Governor, 
10whichever occurs later. As soon
as possible, the Governor shall 
11appoint persons to fill the vacancies created
by this 
12amendatory Act.

13 Of the initial members appointed under this amendatory Act 
14of the 93rd
General Assembly, the Governor shall appoint 5 
15members whose terms shall expire
on the third Monday
in January 
162005, 5 members whose terms shall expire on the
third Monday in 
17January 2007, and 5 members whose terms
shall expire on the 
18third Monday in January 2009. Their respective successors
shall 
19be appointed for terms of 6 years from the third Monday
in 
20January of the year of appointment. Each member shall
serve 
21until his or her successor is appointed and qualified.

22 Any member may be removed by the Governor for incompetence, 
23neglect of duty,
malfeasance or inability to serve.

24 (d) The Chairman of the Board shall be its chief executive 
25and
administrative officer. The Board may have an Executive 
26Director; if so,
the Executive Director shall be appointed by 
 
 
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1the Governor with the advice and
consent of the Senate. The 
2salary and duties of the Executive Director shall
be fixed by 
3the Board.

4(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19; 
5revised 4-3-19.)




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


7 (Text of Section before amendment by P.A. 100-1182)
8 Sec. 3-3-2. Powers and duties. 

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 
11read "Prisoner Review
Board." After the effective date of this 
12amendatory Act of 1977, the
Prisoner Review Board shall provide 
13by rule for the orderly transition of
all files, records, and 
14documents of the Parole and Pardon Board and for
such other 
15steps as may be necessary to effect an orderly transition and 
16shall:

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

20 date of this amendatory Act of 1977, and who are eligible 
21 for parole;

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

25 violations of parole, and revoke
parole for those sentenced 
 
 
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1 under the law in effect prior to this amendatory
Act of 
2 1977; provided that the decision to parole and the 
3 conditions of
parole for all prisoners who were sentenced 
4 for first degree murder or who
received a minimum sentence 
5 of 20 years or more under the law in effect
prior to 
6 February 1, 1978 shall be determined by a majority vote of 
7 the
Prisoner Review Board. One representative supporting 
8 parole and one representative opposing parole will be 
9 allowed to speak. Their comments shall be limited to making 
10 corrections and filling in omissions to the Board's 
11 presentation and discussion;

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

15 supervised release, impose sanctions for violations of 
16 mandatory
supervised release, and revoke mandatory 
17 supervised release for those
sentenced under the law in 
18 effect after the effective date of this
amendatory Act of 
19 1977;

20  (3.5) hear by at least one member and through a panel 
21 of at least 3 members decide, the conditions of mandatory 
22 supervised release and the time of discharge from mandatory 
23 supervised release, to impose sanctions for violations of 
24 mandatory supervised release and revoke mandatory 
25 supervised release for those serving extended supervised 
26 release terms pursuant to paragraph (4) of subsection (d) 
 
 
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1 of Section 5-8-1;

2  (3.6) hear by at least one member and through a panel 
3 of at least 3 members decide whether to revoke aftercare 
4 release for those committed to the Department of Juvenile 
5 Justice under the Juvenile Court Act of 1987; 
6  (4) hear by at least one member and through a panel of 
7 at least 3
members,
decide cases brought by the Department 
8 of Corrections against a prisoner in
the custody of the 
9 Department for alleged violation of Department rules
with 
10 respect to sentence credits under Section 3-6-3 of this 
11 Code
in which the Department seeks to revoke sentence 
12 credits, if the amount
of time at issue exceeds 30 days or 
13 when, during any 12 month period, the
cumulative amount of 
14 credit revoked exceeds 30 days except where the
infraction 
15 is committed or discovered within 60 days of scheduled 
16 release.
In such cases, the Department of Corrections may 
17 revoke up to 30 days of
sentence credit. The Board may 
18 subsequently approve the revocation of
additional sentence 
19 credit, if the Department seeks to revoke sentence credit 
20 in excess of thirty days. However, the Board shall not be

21 empowered to review the Department's decision with respect 
22 to the loss of
30 days of sentence credit for any prisoner 
23 or to increase any penalty
beyond the length requested by 
24 the Department;

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

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

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

7 recommendations to the Governor;

8  (7) comply with the requirements of the Open Parole 
9 Hearings Act;

10  (8) hear by at least one member and, through a panel of 
11 at least 3
members, decide cases brought by the Department 
12 of Corrections against a
prisoner in the custody of the 
13 Department for court dismissal of a frivolous
lawsuit 
14 pursuant to Section 3-6-3(d) of this Code in which the 
15 Department seeks
to revoke up to 180 days of sentence 
16 credit, and if the prisoner has not
accumulated 180 days of 
17 sentence credit at the time of the dismissal, then
all 
18 sentence credit accumulated by the prisoner shall be 
19 revoked;

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

9  (11) upon a petition by a person who after having been 
10 convicted of a Class 3 or Class 4 felony thereafter served 
11 in the United States Armed Forces or National Guard of this 
12 or any other state and had received an honorable discharge 
13 from the United States Armed Forces or National Guard or 
14 who at the time of filing the petition is enlisted in the 
15 United States Armed Forces or National Guard of this or any 
16 other state and served one tour of duty and who meets the 
17 requirements of this paragraph, hear by at least 3 members 
18 and, with the unanimous vote of a panel of 3 members, issue 
19 a certificate of eligibility for expungement recommending 
20 that the court order the expungement of all official

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

2project shall be implemented within 6 months after the 
3effective date of this
amendatory Act of 1996. Within 6 months 
4after the implementation of the pilot
project, the Prisoner 
5Review Board, with the cooperation of and in coordination
with 
6the Department of Corrections and the Department of Central 
7Management
Services, shall report to the Governor and the 
8General Assembly regarding the
use, costs, effectiveness, and 
9future viability of interactive video
conferences for Prisoner 
10Review Board hearings.

11 (b) Upon recommendation of the Department the Board may 
12restore sentence credit previously revoked.

13 (c) The Board shall cooperate with the Department in 
14promoting an
effective system of parole and mandatory 
15supervised release.

16 (d) The Board shall promulgate rules for the conduct of its 
17work,
and the Chairman shall file a copy of such rules and any 
18amendments
thereto with the Director and with the Secretary of 
19State.

20 (e) The Board shall keep records of all of its official 
21actions and
shall make them accessible in accordance with law 
22and the rules of the
Board.

23 (f) The Board or one who has allegedly violated the 
24conditions of
his or her parole, aftercare release, or 
25mandatory supervised release may require by subpoena the

26attendance and testimony of witnesses and the production of 
 
 
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1documentary
evidence relating to any matter under 
2investigation or hearing. The
Chairman of the Board may sign 
3subpoenas which shall be served by any
agent or public official 
4authorized by the Chairman of the Board, or by
any person 
5lawfully authorized to serve a subpoena under the laws of the

6State of Illinois. The attendance of witnesses, and the 
7production of
documentary evidence, may be required from any 
8place in the State to a
hearing location in the State before 
9the Chairman of the Board or his or her
designated agent or 
10agents or any duly constituted Committee or
Subcommittee of the 
11Board. Witnesses so summoned shall be paid the same
fees and 
12mileage that are paid witnesses in the circuit courts of the

13State, and witnesses whose depositions are taken and the 
14persons taking
those depositions are each entitled to the same 
15fees as are paid for
like services in actions in the circuit 
16courts of the State. Fees and
mileage shall be vouchered for 
17payment when the witness is discharged
from further attendance.

18 In case of disobedience to a subpoena, the Board may 
19petition any
circuit court of the State for an order requiring 
20the attendance and
testimony of witnesses or the production of 
21documentary evidence or
both. A copy of such petition shall be 
22served by personal service or by
registered or certified mail 
23upon the person who has failed to obey the
subpoena, and such 
24person shall be advised in writing that a hearing
upon the 
25petition will be requested in a court room to be designated in

26such notice before the judge hearing motions or extraordinary 
 
 
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1remedies
at a specified time, on a specified date, not less 
2than 10 nor more than
15 days after the deposit of the copy of 
3the written notice and petition
in the U.S. mails addressed to 
4the person at his last known address or
after the personal 
5service of the copy of the notice and petition upon
such 
6person. The court upon the filing of such a petition, may order 
7the
person refusing to obey the subpoena to appear at an 
8investigation or
hearing, or to there produce documentary 
9evidence, if so ordered, or to
give evidence relative to the 
10subject matter of that investigation or
hearing. Any failure to 
11obey such order of the circuit court may be
punished by that 
12court as a contempt of court.

13 Each member of the Board and any hearing officer designated 
14by the
Board shall have the power to administer oaths and to 
15take the testimony
of persons under oath.

16 (g) Except under subsection (a) of this Section, a majority 
17of the
members then appointed to the Prisoner Review Board 
18shall constitute a
quorum for the transaction of all business 
19of the Board.

20 (h) The Prisoner Review Board shall annually transmit to 
21the
Director a detailed report of its work for the preceding 
22calendar year.
The annual report shall also be transmitted to 
23the Governor for
submission to the Legislature.

24(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; 
2598-756, eff. 7-16-14; 99-628, eff. 1-1-17.)

 
 
10100HB3584sam001- 22 -LRB101 08458 RLC 59918 a


1 (Text of Section after amendment by P.A. 100-1182)
2 Sec. 3-3-2. Powers and duties. 

3 (a) The Parole and Pardon Board is abolished and the term 
4"Parole and
Pardon Board" as used in any law of Illinois, shall 
5read "Prisoner Review
Board." After the effective date of this 
6amendatory Act of 1977, the
Prisoner Review Board shall provide 
7by rule for the orderly transition of
all files, records, and 
8documents of the Parole and Pardon Board and for
such other 
9steps as may be necessary to effect an orderly transition and 
10shall:

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

14 date of this amendatory Act of 1977, and who are eligible 
15 for parole;

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

19 violations of parole, and revoke
parole for those sentenced 
20 under the law in effect prior to this amendatory
Act of 
21 1977; provided that the decision to parole and the 
22 conditions of
parole for all prisoners who were sentenced 
23 for first degree murder or who
received a minimum sentence 
24 of 20 years or more under the law in effect
prior to 
25 February 1, 1978 shall be determined by a majority vote of 
26 the
Prisoner Review Board. One representative supporting 
 
 
10100HB3584sam001- 23 -LRB101 08458 RLC 59918 a


1 parole and one representative opposing parole will be 
2 allowed to speak. Their comments shall be limited to making 
3 corrections and filling in omissions to the Board's 
4 presentation and discussion;

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

8 supervised release, impose sanctions for violations of 
9 mandatory
supervised release, and revoke mandatory 
10 supervised release for those
sentenced under the law in 
11 effect after the effective date of this
amendatory Act of 
12 1977;

13  (3.5) hear by at least one member and through a panel 
14 of at least 3 members decide, the conditions of mandatory 
15 supervised release and the time of discharge from mandatory 
16 supervised release, to impose sanctions for violations of 
17 mandatory supervised release and revoke mandatory 
18 supervised release for those serving extended supervised 
19 release terms pursuant to paragraph (4) of subsection (d) 
20 of Section 5-8-1;

21  (3.6) hear by at least one member and through a panel 
22 of at least 3 members decide whether to revoke aftercare 
23 release for those committed to the Department of Juvenile 
24 Justice under the Juvenile Court Act of 1987; 
25  (4) hear by at least one member and through a panel of 
26 at least 3
members,
decide cases brought by the Department 
 
 
10100HB3584sam001- 24 -LRB101 08458 RLC 59918 a


1 of Corrections against a prisoner in
the custody of the 
2 Department for alleged violation of Department rules
with 
3 respect to sentence credits under Section 3-6-3 of this 
4 Code
in which the Department seeks to revoke sentence 
5 credits, if the amount
of time at issue exceeds 30 days or 
6 when, during any 12 month period, the
cumulative amount of 
7 credit revoked exceeds 30 days except where the
infraction 
8 is committed or discovered within 60 days of scheduled 
9 release.
In such cases, the Department of Corrections may 
10 revoke up to 30 days of
sentence credit. The Board may 
11 subsequently approve the revocation of
additional sentence 
12 credit, if the Department seeks to revoke sentence credit 
13 in excess of thirty days. However, the Board shall not be

14 empowered to review the Department's decision with respect 
15 to the loss of
30 days of sentence credit for any prisoner 
16 or to increase any penalty
beyond the length requested by 
17 the Department;

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

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

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

26 recommendations to the Governor;

 
 
10100HB3584sam001- 25 -LRB101 08458 RLC 59918 a


1  (6.5) hear by at least one member who is qualified in 
2 the field of juvenile matters and through a panel of at 
3 least 3 members, 2 of whom are qualified in the field of 
4 juvenile matters, decide parole review cases in accordance 
5 with Section 5-4.5-115 5-4.5-110 of this Code and make 
6 release determinations of persons under the age of 21 at 
7 the time of the commission of an offense or offenses, other 
8 than those persons serving sentences for first degree 
9 murder or aggravated criminal sexual assault; 
10  (6.6) hear by at least a quorum of
the Prisoner Review 
11 Board and decide by a majority of members present at the 
12 hearing, in accordance with Section 5-4.5-115 5-4.5-110 of 
13 this
Code, release determinations of persons under the age 
14 of 21 at the
time of the commission of an offense or 
15 offenses of those persons serving
sentences for first 
16 degree murder or aggravated criminal sexual assault; 
17  (7) comply with the requirements of the Open Parole 
18 Hearings Act;

19  (8) hear by at least one member and, through a panel of 
20 at least 3
members, decide cases brought by the Department 
21 of Corrections against a
prisoner in the custody of the 
22 Department for court dismissal of a frivolous
lawsuit 
23 pursuant to Section 3-6-3(d) of this Code in which the 
24 Department seeks
to revoke up to 180 days of sentence 
25 credit, and if the prisoner has not
accumulated 180 days of 
26 sentence credit at the time of the dismissal, then
all 
 
 
10100HB3584sam001- 26 -LRB101 08458 RLC 59918 a


1 sentence credit accumulated by the prisoner shall be 
2 revoked;

3  (9) hear by at least 3 members, and, through a panel of 
4 at least 3
members, decide whether to grant certificates of 
5 relief from
disabilities or certificates of good conduct as 
6 provided in Article 5.5 of
Chapter V;
7  (10) upon a petition by a person who has been convicted 
8 of a Class 3 or Class 4 felony and who meets the 
9 requirements of this paragraph, hear by at least 3 members 
10 and, with the unanimous vote of a panel of 3 members, issue 
11 a certificate of eligibility for sealing recommending that 
12 the court order the sealing of all official
records of the 
13 arresting authority, the circuit court clerk, and the 
14 Department of State Police concerning the arrest and 
15 conviction for the Class 3 or 4 felony. A person may not 
16 apply to the Board for a certificate of eligibility for 
17 sealing:
18   (A) until 5 years have elapsed since the expiration 
19 of his or her sentence;
20   (B) until 5 years have elapsed since any arrests or 
21 detentions by a law enforcement officer for an alleged 
22 violation of law, other than a petty offense, traffic 
23 offense, conservation offense, or local ordinance 
24 offense;
25   (C) if convicted of a violation of the Cannabis 
26 Control Act, Illinois Controlled Substances Act, the 
 
 
10100HB3584sam001- 27 -LRB101 08458 RLC 59918 a


1 Methamphetamine Control and Community Protection Act, 
2 the Methamphetamine Precursor Control Act, or the 
3 Methamphetamine Precursor Tracking Act unless the 
4 petitioner has completed a drug abuse program for the 
5 offense on which sealing is sought and provides proof 
6 that he or she has completed the program successfully;
7   (D) if convicted of:
8    (i) a sex offense described in Article 11 or 
9 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of 
10 the Criminal Code of 1961 or the Criminal Code of 
11 2012;
12    (ii) aggravated assault;
13    (iii) aggravated battery;
14    (iv) domestic battery;
15    (v) aggravated domestic battery;
16    (vi) violation of an order of protection;
17    (vii) an offense under the Criminal Code of 
18 1961 or the Criminal Code of 2012 involving a 
19 firearm; 
20    (viii) driving while under the influence of 
21 alcohol, other drug or drugs, intoxicating 
22 compound or compounds or any combination thereof;
23    (ix) aggravated driving while under the 
24 influence of alcohol, other drug or drugs, 
25 intoxicating compound or compounds or any 
26 combination thereof; or
 
 
10100HB3584sam001- 28 -LRB101 08458 RLC 59918 a


1    (x) any crime defined as a crime of violence 
2 under Section 2 of the Crime Victims Compensation 
3 Act.
4  If a person has applied to the Board for a certificate 
5 of eligibility for sealing and the Board denies the 
6 certificate, the person must wait at least 4 years before 
7 filing again or filing for pardon from the Governor unless 
8 the Chairman of the Prisoner Review Board grants a waiver.
9  The decision to issue or refrain from issuing a 
10 certificate of eligibility for sealing shall be at the 
11 Board's sole discretion, and shall not give rise to any 
12 cause of action against either the Board or its members.
13  The Board may only authorize the sealing of Class 3 and 
14 4 felony convictions of the petitioner from one information 
15 or indictment under this paragraph (10). A petitioner may 
16 only receive one certificate of eligibility for sealing 
17 under this provision for life; and

18  (11) upon a petition by a person who after having been 
19 convicted of a Class 3 or Class 4 felony thereafter served 
20 in the United States Armed Forces or National Guard of this 
21 or any other state and had received an honorable discharge 
22 from the United States Armed Forces or National Guard or 
23 who at the time of filing the petition is enlisted in the 
24 United States Armed Forces or National Guard of this or any 
25 other state and served one tour of duty and who meets the 
26 requirements of this paragraph, hear by at least 3 members 
 
 
10100HB3584sam001- 29 -LRB101 08458 RLC 59918 a


1 and, with the unanimous vote of a panel of 3 members, issue 
2 a certificate of eligibility for expungement recommending 
3 that the court order the expungement of all official

4 records of the arresting authority, the circuit court 
5 clerk, and the Department of State Police concerning the 
6 arrest and conviction for the Class 3 or 4 felony. A person 
7 may not apply to the Board for a certificate of eligibility 
8 for expungement:
9   (A) 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 Criminal Code of 2012;
13    (ii) an offense under the Criminal Code of 1961 
14 or Criminal Code of 2012 involving a firearm; or
15    (iii) a crime of violence as defined in Section 
16 2 of the Crime Victims Compensation Act; or
17   (B) if the person has not served in the United 
18 States Armed Forces or National Guard of this or any 
19 other state or has not received an honorable discharge 
20 from the United States Armed Forces or National Guard 
21 of this or any other state or who at the time of the 
22 filing of the petition is serving in the United States 
23 Armed Forces or National Guard of this or any other 
24 state and has not completed one tour of duty.
25  If a person has applied to the Board for a certificate 
26 of eligibility for expungement and the Board denies the 
 
 
10100HB3584sam001- 30 -LRB101 08458 RLC 59918 a


1 certificate, the person must wait at least 4 years before 
2 filing again or filing for a pardon with authorization for 
3 expungement from the Governor unless the Governor or 
4 Chairman of the Prisoner Review Board grants a waiver. 
5 (a-5) The Prisoner Review Board, with the cooperation of 
6and in
coordination with the Department of Corrections and the 
7Department of Central
Management Services, shall implement a 
8pilot project in 3 correctional
institutions providing for the 
9conduct of hearings under paragraphs (1) and
(4)
of subsection 
10(a) of this Section through interactive video conferences.
The

11project shall be implemented within 6 months after the 
12effective date of this
amendatory Act of 1996. Within 6 months 
13after the implementation of the pilot
project, the Prisoner 
14Review Board, with the cooperation of and in coordination
with 
15the Department of Corrections and the Department of Central 
16Management
Services, shall report to the Governor and the 
17General Assembly regarding the
use, costs, effectiveness, and 
18future viability of interactive video
conferences for Prisoner 
19Review Board hearings.

20 (b) Upon recommendation of the Department the Board may 
21restore sentence credit previously revoked.

22 (c) The Board shall cooperate with the Department in 
23promoting an
effective system of parole and mandatory 
24supervised release.

25 (d) The Board shall promulgate rules for the conduct of its 
26work,
and the Chairman shall file a copy of such rules and any 
 
 
10100HB3584sam001- 31 -LRB101 08458 RLC 59918 a


1amendments
thereto with the Director and with the Secretary of 
2State.

3 (e) The Board shall keep records of all of its official 
4actions and
shall make them accessible in accordance with law 
5and the rules of the
Board.

6 (f) The Board or one who has allegedly violated the 
7conditions of
his or her parole, aftercare release, or 
8mandatory supervised release may require by subpoena the

9attendance and testimony of witnesses and the production of 
10documentary
evidence relating to any matter under 
11investigation or hearing. The
Chairman of the Board may sign 
12subpoenas which shall be served by any
agent or public official 
13authorized by the Chairman of the Board, or by
any person 
14lawfully authorized to serve a subpoena under the laws of the

15State of Illinois. The attendance of witnesses, and the 
16production of
documentary evidence, may be required from any 
17place in the State to a
hearing location in the State before 
18the Chairman of the Board or his or her
designated agent or 
19agents or any duly constituted Committee or
Subcommittee of the 
20Board. Witnesses so summoned shall be paid the same
fees and 
21mileage that are paid witnesses in the circuit courts of the

22State, and witnesses whose depositions are taken and the 
23persons taking
those depositions are each entitled to the same 
24fees as are paid for
like services in actions in the circuit 
25courts of the State. Fees and
mileage shall be vouchered for 
26payment when the witness is discharged
from further attendance.

 
 
10100HB3584sam001- 32 -LRB101 08458 RLC 59918 a


1 In case of disobedience to a subpoena, the Board may 
2petition any
circuit court of the State for an order requiring 
3the attendance and
testimony of witnesses or the production of 
4documentary evidence or
both. A copy of such petition shall be 
5served by personal service or by
registered or certified mail 
6upon the person who has failed to obey the
subpoena, and such 
7person shall be advised in writing that a hearing
upon the 
8petition will be requested in a court room to be designated in

9such notice before the judge hearing motions or extraordinary 
10remedies
at a specified time, on a specified date, not less 
11than 10 nor more than
15 days after the deposit of the copy of 
12the written notice and petition
in the U.S. mails addressed to 
13the person at his last known address or
after the personal 
14service of the copy of the notice and petition upon
such 
15person. The court upon the filing of such a petition, may order 
16the
person refusing to obey the subpoena to appear at an 
17investigation or
hearing, or to there produce documentary 
18evidence, if so ordered, or to
give evidence relative to the 
19subject matter of that investigation or
hearing. Any failure to 
20obey such order of the circuit court may be
punished by that 
21court as a contempt of court.

22 Each member of the Board and any hearing officer designated 
23by the
Board shall have the power to administer oaths and to 
24take the testimony
of persons under oath.

25 (g) Except under subsection (a) of this Section, a majority 
26of the
members then appointed to the Prisoner Review Board 
 
 
10100HB3584sam001- 33 -LRB101 08458 RLC 59918 a


1shall constitute a
quorum for the transaction of all business 
2of the Board.

3 (h) The Prisoner Review Board shall annually transmit to 
4the
Director a detailed report of its work for the preceding 
5calendar year.
The annual report shall also be transmitted to 
6the Governor for
submission to the Legislature.

7(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19; 
8revised 4-3-19.)"; and


9on page 32, by replacing lines 10 through 23 with the 
10following:
11 "(h) The Board shall not release any material to the 
12inmate, the inmate's attorney, any third party, or any other 
13person containing any information from a the victim or from a 
14person related to the victim by blood, adoption, or marriage 
15who has written objections, testified at any hearing, or 
16submitted audio or visual objections to the inmate's parole, 
17unless provided with a waiver from that victim objecting party. 
18Victim statements provided to the Board shall be confidential 
19and privileged, including any statements received prior to the 
20effective date of this amendatory Act of the 101st General 
21Assembly, except if the statement was an oral statement made by 
22the victim at a hearing open to the public. The Board shall not 
23release the names or addresses of any person on its victim 
24registry to any other person except the victim, a law 
25enforcement agency, or other victim notification system.
 
 
10100HB3584sam001- 34 -LRB101 08458 RLC 59918 a


1(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; 
298-717, eff. 1-1-15; 99-628, eff. 1-1-17.)



3 (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)

4 (Text of Section before amendment by P.A. 100-1182)
5 Sec. 3-3-9. Violations; changes of conditions; preliminary

6hearing; revocation of parole or mandatory supervised release;

7revocation hearing.
8 (a) If prior to expiration or termination of the term of

9parole or mandatory supervised release, a person violates a

10condition set by the Prisoner Review Board or a condition of 
11parole or
mandatory supervised release under Section 3-3-7 of 
12this Code to govern that
term,
the Board may:

13  (1) continue the existing term, with or without 
14 modifying or
enlarging the conditions; or

15  (2) parole or release the person to a half-way house; 
16 or

17  (3) revoke the parole or mandatory supervised release 
18 and
reconfine the person for a term computed in the 
19 following
manner:

20   (i) (A) For those sentenced under the law in effect 
21 prior to
this amendatory Act of 1977, the recommitment 
22 shall be for any
portion of the imposed maximum term of 
23 imprisonment or confinement
which had not been served 
24 at the time of parole and the parole
term, less the 
25 time elapsed between the parole of the person and
the 
 
 
10100HB3584sam001- 35 -LRB101 08458 RLC 59918 a


1 commission of the violation for which parole was 
2 revoked;

3   (B) Except as set forth in paragraph (C), for
those 
4 subject to mandatory supervised release under

5 paragraph (d) of Section 5-8-1 of this Code, the 
6 recommitment
shall be for the total mandatory 
7 supervised release term, less
the time elapsed between 
8 the release of the person and the
commission of the 
9 violation for which mandatory supervised
release is 
10 revoked. The Board may also order that a prisoner
serve 
11 up to one year of the sentence imposed by the court 
12 which
was not served due to the accumulation of 
13 sentence credit;

14   (C) For those subject to sex offender supervision 
15 under clause (d)(4) of Section 5-8-1 of this Code, the 
16 reconfinement period for violations of clauses (a)(3) 
17 through (b-1)(15) of Section 3-3-7 shall not exceed 2 
18 years from the date of reconfinement;

19   
 (ii) the person shall be given credit against 
20 the term of
reimprisonment or reconfinement for 
21 time spent in custody
since he or she was paroled 
22 or released which has not been credited
against 
23 another sentence or period of confinement;

24   
 (iii) (blank);

25   
 (iv) this Section is subject to the release 
26 under
supervision and the reparole and rerelease 
 
 
10100HB3584sam001- 36 -LRB101 08458 RLC 59918 a


1 provisions of Section
3-3-10.

2 (b) The Board may revoke parole or mandatory supervised

3release for violation of a condition for the duration of the

4term and for any further period which is reasonably necessary

5for the adjudication of matters arising before its expiration.

6The issuance of a warrant of arrest for an alleged violation
of 
7the conditions of parole or mandatory supervised release
shall 
8toll the running of the term until the final determination of 
9the
charge. When
parole or mandatory supervised release is not 
10revoked
that period shall be credited to the term, unless a 
11community-based sanction is imposed as an alternative to 
12revocation and reincarceration, including a diversion 
13established by the Illinois Department of Corrections Parole 
14Services Unit prior to the holding of a preliminary parole 
15revocation hearing. Parolees who are diverted to a 
16community-based sanction shall serve the entire term of parole 
17or mandatory supervised release, if otherwise appropriate.

18 (b-5) The Board shall revoke parole or mandatory supervised 
19release for violation of the conditions prescribed in paragraph 
20(7.6) of subsection (a) of Section 3-3-7.
21 (c) A person charged with violating a condition of parole 
22or
mandatory supervised release shall have a preliminary 
23hearing
before a hearing officer designated by the Board to 
24determine
if there is cause to hold the person for a revocation 
25hearing.
However, no preliminary hearing need be held when 
26revocation is based
upon new criminal charges and a court finds 
 
 
10100HB3584sam001- 37 -LRB101 08458 RLC 59918 a


1probable cause on the new
criminal charges or when the 
2revocation
is based upon a new criminal conviction and a 
3certified copy of
that conviction is available.

4 (d) Parole or mandatory supervised release shall not be

5revoked without written notice to the offender setting forth

6the violation of parole or mandatory supervised release charged

7against him or her.

8 (e) A hearing on revocation shall be conducted before at

9least one member of the Prisoner Review Board. The Board may

10meet and order its actions in panels of 3 or more members.
The 
11action of a majority of the panel shall be the action of
the 
12Board. A record
of the hearing shall be made. At the hearing 
13the offender shall
be permitted to:

14  (1) appear and answer the charge; and

15  (2) bring witnesses on his or her behalf.

16 (f) The Board shall either revoke parole or mandatory

17supervised release or order the person's term continued with
or 
18without modification or enlargement of the conditions.

19 (g) Parole or mandatory supervised release shall not be

20revoked for failure to make payments under the conditions of

21parole or release unless the Board determines that such failure 
22is
due to the offender's willful refusal to pay.

23(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; 
2499-628, eff. 1-1-17.)

25 (Text of Section after amendment by P.A. 100-1182)
 
 
10100HB3584sam001- 38 -LRB101 08458 RLC 59918 a


1 Sec. 3-3-9. Violations; changes of conditions; preliminary

2hearing; revocation of parole or mandatory supervised release;

3revocation hearing.
4 (a) If prior to expiration or termination of the term of

5parole or mandatory supervised release, a person violates a

6condition set by the Prisoner Review Board or a condition of 
7parole or
mandatory supervised release under Section 3-3-7 of 
8this Code to govern that
term,
the Board may:

9  (1) continue the existing term, with or without 
10 modifying or
enlarging the conditions; or

11  (1.5) for those released as a result of youthful 
12 offender parole as set forth in Section 5-4.5-115 5-4.5-110 
13 of this Code, order that the inmate be subsequently 
14 rereleased to serve a specified mandatory supervised 
15 release term not to exceed the full term permitted under 
16 the provisions of Section 5-4.5-115 5-4.5-110 and 
17 subsection (d) of Section 5-8-1 of this Code and may modify 
18 or enlarge the conditions of the release as the Board deems 
19 proper; or 
20  (2) parole or release the person to a half-way house; 
21 or

22  (3) revoke the parole or mandatory supervised release 
23 and
reconfine the person for a term computed in the 
24 following
manner:

25   (i) (A) For those sentenced under the law in effect 
26 prior to
this amendatory Act of 1977, the recommitment 
 
 
10100HB3584sam001- 39 -LRB101 08458 RLC 59918 a


1 shall be for any
portion of the imposed maximum term of 
2 imprisonment or confinement
which had not been served 
3 at the time of parole and the parole
term, less the 
4 time elapsed between the parole of the person and
the 
5 commission of the violation for which parole was 
6 revoked;

7   (B) Except as set forth in paragraphs (C) and (D), 
8 for
those subject to mandatory supervised release 
9 under
paragraph (d) of Section 5-8-1 of this Code, the 
10 recommitment
shall be for the total mandatory 
11 supervised release term, less
the time elapsed between 
12 the release of the person and the
commission of the 
13 violation for which mandatory supervised
release is 
14 revoked. The Board may also order that a prisoner
serve 
15 up to one year of the sentence imposed by the court 
16 which
was not served due to the accumulation of 
17 sentence credit;

18   (C) For those subject to sex offender supervision 
19 under clause (d)(4) of Section 5-8-1 of this Code, the 
20 reconfinement period for violations of clauses (a)(3) 
21 through (b-1)(15) of Section 3-3-7 shall not exceed 2 
22 years from the date of reconfinement;

23   (D) For those released as a result of youthful 
24 offender parole as set forth in Section 5-4.5-115 
25 5-4.5-110 of this Code, the reconfinement period shall 
26 be for the total mandatory supervised release term, 
 
 
10100HB3584sam001- 40 -LRB101 08458 RLC 59918 a


1 less the time elapsed between the release of the person 
2 and the commission of the violation for which mandatory 
3 supervised release is revoked. The Board may also order 
4 that a prisoner serve up to one year of the mandatory 
5 supervised release term previously earned. The Board 
6 may also order that the inmate be subsequently 
7 rereleased to serve a specified mandatory supervised 
8 release term not to exceed the full term permitted 
9 under the provisions of Section 5-4.5-115 5-4.5-110 
10 and subsection (d) of Section 5-8-1 of this Code and 
11 may modify or enlarge the conditions of the release as 
12 the Board deems proper; 
13  
 (ii) the person shall be given credit against the 
14 term of
reimprisonment or reconfinement for time spent 
15 in custody
since he or she was paroled or released 
16 which has not been credited
against another sentence or 
17 period of confinement;

18  
 (iii) (blank);

19  
 (iv) this Section is subject to the release under

20 supervision and the reparole and rerelease provisions 
21 of Section
3-3-10.

22 (b) The Board may revoke parole or mandatory supervised

23release for violation of a condition for the duration of the

24term and for any further period which is reasonably necessary

25for the adjudication of matters arising before its expiration.

26The issuance of a warrant of arrest for an alleged violation
of 
 
 
10100HB3584sam001- 41 -LRB101 08458 RLC 59918 a


1the conditions of parole or mandatory supervised release
shall 
2toll the running of the term until the final determination of 
3the
charge. When
parole or mandatory supervised release is not 
4revoked
that period shall be credited to the term, unless a 
5community-based sanction is imposed as an alternative to 
6revocation and reincarceration, including a diversion 
7established by the Illinois Department of Corrections Parole 
8Services Unit prior to the holding of a preliminary parole 
9revocation hearing. Parolees who are diverted to a 
10community-based sanction shall serve the entire term of parole 
11or mandatory supervised release, if otherwise appropriate.

12 (b-5) The Board shall revoke parole or mandatory supervised 
13release for violation of the conditions prescribed in paragraph 
14(7.6) of subsection (a) of Section 3-3-7.
15 (c) A person charged with violating a condition of parole 
16or
mandatory supervised release shall have a preliminary 
17hearing
before a hearing officer designated by the Board to 
18determine
if there is cause to hold the person for a revocation 
19hearing.
However, no preliminary hearing need be held when 
20revocation is based
upon new criminal charges and a court finds 
21probable cause on the new
criminal charges or when the 
22revocation
is based upon a new criminal conviction and a 
23certified copy of
that conviction is available.

24 (d) Parole or mandatory supervised release shall not be

25revoked without written notice to the offender setting forth

26the violation of parole or mandatory supervised release charged

 
 
10100HB3584sam001- 42 -LRB101 08458 RLC 59918 a


1against him or her.

2 (e) A hearing on revocation shall be conducted before at

3least one member of the Prisoner Review Board. The Board may

4meet and order its actions in panels of 3 or more members.
The 
5action of a majority of the panel shall be the action of
the 
6Board. A record
of the hearing shall be made. At the hearing 
7the offender shall
be permitted to:

8  (1) appear and answer the charge; and

9  (2) bring witnesses on his or her behalf.

10 (f) The Board shall either revoke parole or mandatory

11supervised release or order the person's term continued with
or 
12without modification or enlargement of the conditions.

13 (g) Parole or mandatory supervised release shall not be

14revoked for failure to make payments under the conditions of

15parole or release unless the Board determines that such failure 
16is
due to the offender's willful refusal to pay.

17(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19; 
18revised 4-3-19.)"; and


19by replacing line 22 on page 33 through line 8 on page 34 with 
20the following:
21 "(b-5) Victims registered with the Board shall receive 
22reasonable written notice not less than 30 days prior to the 
23executive clemency hearing date. The victim has the right to 
24submit a victim statement to the Prisoner Review Board for 
25consideration at an executive clemency hearing as provided in 
 
 
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1subsection (c) of this Section. Victim statements provided to 
2the Board shall be confidential and privileged, including any 
3statements received prior to the effective date of this 
4amendatory Act of the 101st General Assembly, except if the 
5statement was an oral statement made by the victim at a hearing 
6open to the public. 
7 (c) The Board shall, if requested and upon due notice,
give 
8a hearing to each application, allowing representation by

9counsel, if desired, after which it shall confidentially
advise 
10the Governor by a written report of its recommendations
which 
11shall be determined by majority vote. The written report to the 
12Governor shall be confidential and privileged, including any 
13reports made prior to the effective date of this amendatory Act 
14of the 101st General Assembly. The Board shall
meet to consider 
15such petitions no less than 4 times each
year.

16 Application for executive clemency under this Section may 
17not be commenced
on behalf of a person who has been sentenced 
18to death without the written
consent of the defendant, unless 
19the defendant, because of a mental or
physical condition, is 
20incapable of asserting his or her own claim."; and

21by replacing line 1 on page 35 through line 7 on page 36 with 
22the following:

23 "(730 ILCS 5/5-4.5-115)
24 (This Section may contain text from a Public Act with a 
 
 
10100HB3584sam001- 44 -LRB101 08458 RLC 59918 a


1delayed effective date)
2 Sec. 5-4.5-115 5-4.5-110. Parole review of persons under 
3the age of 21 at the time of the commission of an offense.
4 (a) For purposes of this Section, "victim" means a victim 
5of a violent crime as defined in subsection (a) of Section 3 of 
6the Rights of Crime Victims and Witnesses Act including a 
7witness as defined in subsection (b) of Section 3 of the Rights 
8of Crime Victims and Witnesses Act; any person legally related 
9to the victim by blood, marriage, adoption, or guardianship; 
10any friend of the victim; or any concerned citizen.
11 (b) A person under 21 years of age at the time of the 
12commission of an offense or offenses, other than first degree 
13murder, and who is not serving a sentence for first degree 
14murder and who is sentenced on or after June 1, 2019 (the 
15effective date of Public Act 100-1182) this amendatory Act of 
16the 100th General Assembly shall be eligible for parole review 
17by the Prisoner Review Board after serving 10 years or more of 
18his or her sentence or sentences, except for those serving a 
19sentence or sentences for: (1) aggravated criminal sexual 
20assault who shall be eligible for parole review by the Prisoner 
21Review Board after serving 20 years or more of his or her 
22sentence or sentences or (2) predatory criminal sexual assault 
23of a child who shall not be eligible for parole review by the 
24Prisoner Review Board under this Section. A person under 21 
25years of age at the time of the commission of first degree 
26murder who is sentenced on or after June 1, 2019 (the effective 
 
 
10100HB3584sam001- 45 -LRB101 08458 RLC 59918 a


1date of Public Act 100-1182) this amendatory Act of the 100th 
2General Assembly shall be eligible for parole review by the 
3Prisoner Review Board after serving
20 years or more of his or 
4her sentence or sentences, except for those subject to a term 
5of natural life imprisonment under Section 5-8-1 of this Code 
6or any person subject to sentencing under subsection (c) of 
7Section 5-4.5-105 of this Code.
8 (c) Three years prior to becoming eligible for parole 
9review, the eligible person may file his or her petition for 
10parole review with the Prisoner Review Board.
The petition 
11shall include a copy of the order of commitment and sentence to 
12the Department of Corrections for the offense or offenses for 
13which review is sought. Within 30 days of receipt of this 
14petition, the Prisoner Review Board shall determine whether the 
15petition is appropriately filed, and if so, shall set a date 
16for parole review 3 years from receipt of the petition and 
17notify the Department of Corrections within 10 business days. 
18If the Prisoner Review Board determines that the petition is 
19not appropriately filed, it shall notify the petitioner in 
20writing, including a basis for its determination.
21 (d) Within 6 months of the Prisoner Review Board's 
22determination that the petition was appropriately filed, a 
23representative from the Department of Corrections shall meet 
24with the eligible person and
provide the inmate information 
25about the parole hearing process and personalized 
26recommendations for the inmate regarding his or her work 
 
 
10100HB3584sam001- 46 -LRB101 08458 RLC 59918 a


1assignments, rehabilitative programs, and institutional 
2behavior. Following this meeting, the eligible person has 7 
3calendar days to file a written request to the representative 
4from the Department of Corrections who met with the eligible 
5person of any additional programs and services which the 
6eligible person believes should be made available to prepare 
7the eligible person for return to the community. 
8 (e) One year prior to the person being eligible for parole, 
9counsel shall be appointed by the Prisoner Review Board upon a 
10finding of indigency. The eligible person may waive appointed 
11counsel or retain his or her own counsel at his or her own 
12expense.
13 (f) Nine months prior to the hearing, the Prisoner Review 
14Board shall provide the eligible person, and his or her 
15counsel, any written documents or materials it will be 
16considering in making its decision unless the written documents 
17or materials are specifically found to: (1) include information 
18which, if disclosed, would damage the therapeutic relationship 
19between the inmate and a mental health professional; (2) 
20subject any person to the actual risk of physical harm; (3) 
21threaten the safety or security of the Department or an 
22institution. In accordance with Section 4.5(d)(4) of the Rights 
23of Crime Victims and Witnesses Act and Section 10 35 of the 
24Open Parole Hearings Act, victim impact statements provided to 
25the Board shall be confidential and privileged, including any 
26statements received prior to the effective date of this 
 
 
10100HB3584sam001- 47 -LRB101 08458 RLC 59918 a


1amendatory Act of the 101st General Assembly, except if the 
2statement was an oral statement made by the victim at a hearing 
3open to the public. Victim statements either oral, written, 
4video-taped, tape recorded or made by other electronic means 
5shall not be considered public documents under the provisions 
6of the Freedom of Information Act. The inmate or his or her 
7attorney shall not be given a copy of the statement, but shall 
8be informed of the existence of a victim impact statement and 
9the position taken by the victim on the inmate's request for 
10parole. This shall not be construed to permit disclosure to an 
11inmate of any information which might result in the risk of 
12threats or physical harm to a victim. The Prisoner Review Board 
13shall have an ongoing duty to provide the eligible person, and 
14his or her counsel, with any further documents or materials 
15that come into its possession prior to the hearing subject to 
16the limitations contained in this subsection.
17 (g) Not less than 12 months prior to the hearing, the 
18Prisoner Review Board shall provide notification to the State's 
19Attorney of the county from which the person was committed and 
20written notification to the victim or family of the victim of 
21the scheduled hearing place, date, and approximate time. The 
22written notification shall contain: (1) information about

23their right to be present, appear in person at the parole 
24hearing, and their right to
make an oral statement and submit 
25information in writing, by videotape, tape
recording, or other 
26electronic means; (2) a toll-free number to call for further

 
 
10100HB3584sam001- 48 -LRB101 08458 RLC 59918 a


1information about the parole review process; and (3) 
2information regarding
available resources, including 
3trauma-informed therapy, they may access. If the Board does not 
4have knowledge of the current address of the victim or family 
5of the victim, it shall notify the State's Attorney of the 
6county of commitment and request assistance in locating the 
7victim or family of the victim. Those victims or family of the 
8victims who advise the Board in writing that they no longer 
9wish to be notified shall not receive future notices. A victim 
10shall have the right to submit information by videotape, tape 
11recording, or other electronic means. The victim may submit 
12this material prior to or at the parole hearing. The victim 
13also has the right to be heard at the parole hearing.
14 (h) The hearing conducted by the Prisoner Review Board 
15shall be governed by Sections 15 and 20, subsection (f) of 
16Section 5, subsections subsection (a), (a-5), (b), (b-5), and 
17(c) of Section 10, and subsection (d) of Section 25, and 
18subsections (a), (b), and (e) of Section 35 of the Open Parole 
19Hearings Act and Part 1610 of Title 20 of the Illinois 
20Administrative Code. The eligible person has a right to be 
21present at the Prisoner Review Board hearing, unless the 
22Prisoner Review Board determines the eligible person's 
23presence is unduly burdensome when conducting a hearing under 
24paragraph (6.6) of subsection (a) of Section 3-3-2 of this 
25Code. If a psychological evaluation is submitted for the 
26Prisoner Review Board's consideration, it shall be prepared by 
 
 
10100HB3584sam001- 49 -LRB101 08458 RLC 59918 a


1a person who has expertise in adolescent brain development and 
2behavior, and shall take into consideration the diminished 
3culpability of youthful offenders, the hallmark features of 
4youth, and any subsequent growth and increased maturity of the 
5person. At the hearing, the eligible person shall have the 
6right to make a statement on his or her own behalf.
7 (i) Only upon motion for good cause shall the date for the 
8Prisoner Review Board hearing, as set by subsection (b) of this 
9Section, be changed. No less than 15 days prior to the hearing, 
10the Prisoner Review Board shall notify the victim or victim 
11representative, the attorney, and the eligible person of the 
12exact date and time of the hearing. All hearings shall be open 
13to the public.
14 (j) The Prisoner Review Board shall not parole the eligible 
15person if it determines that:
16  (1) there is a substantial risk that the eligible 
17 person will not conform to reasonable conditions of parole 
18 or aftercare release; or
19  (2) the eligible person's release at that time would 
20 deprecate the seriousness of his or her offense or promote 
21 disrespect for the law; or
22  (3) the eligible person's release would have a 
23 substantially adverse effect on institutional discipline.
24 In considering the factors affecting the release 
25determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner 
26Review Board panel shall consider the diminished culpability of 
 
 
10100HB3584sam001- 50 -LRB101 08458 RLC 59918 a


1youthful offenders, the hallmark features of youth, and any 
2subsequent growth and maturity of the youthful offender during 
3incarceration. 
4 (k) Unless denied parole under subsection (j) of this 
5Section and subject to the provisions of Section 3-3-9 of this 
6Code: (1) the eligible person serving a sentence for any 
7non-first degree murder offense or offenses, shall be released 
8on parole which shall operate to discharge any remaining term 
9of years sentence imposed upon him or her, notwithstanding any 
10required mandatory supervised release period the eligible 
11person is required to serve; and (2) the eligible person 
12serving a sentence for any first degree murder offense, shall 
13be released on mandatory supervised release for a period of 10 
14years subject to Section 3-3-8, which shall operate to 
15discharge any remaining term of years sentence imposed upon him 
16or her, however in no event shall the eligible person serve a 
17period of mandatory supervised release greater than the 
18aggregate of the discharged underlying sentence and the 
19mandatory supervised release period as sent forth in Section 
205-4.5-20.
21 (l) If the Prisoner Review Board denies parole after 
22conducting the hearing under
subsection (j) of this Section, it 
23shall issue a written decision which states the
rationale for 
24denial, including the primary factors considered. This 
25decision shall
be provided to the eligible person and his or 
26her counsel within 30 days.
 
 
10100HB3584sam001- 51 -LRB101 08458 RLC 59918 a


1 (m) A person denied parole under subsection (j) of this 
2Section, who is not
serving a sentence for either first degree 
3murder or aggravated criminal sexual
assault, shall be eligible 
4for a second parole review by the Prisoner Review Board
5 years 
5after the written decision under subsection (l) of this 
6Section; a person
denied parole under subsection (j) of this 
7Section, who is serving a sentence or
sentences for first 
8degree murder or aggravated criminal sexual assault shall be

9eligible for a second and final parole review by the Prisoner 
10Review Board 10
years after the written decision under 
11subsection (k) of this Section. The
procedures for a second 
12parole review shall be governed by subsections (c)
through (k) 
13of this Section.
14 (n) A person denied parole under subsection (m) of this 
15Section, who is not
serving a sentence for either first degree 
16murder or aggravated criminal sexual
assault, shall be eligible 
17for a third and final parole review by the Prisoner Review

18Board 5 years after the written decision under subsection (l) 
19of this Section. The
procedures for the third and final parole 
20review shall be governed by subsections
(c) through (k) of this 
21Section. 
22 (o) Notwithstanding anything else to the contrary in this 
23Section, nothing in this Section shall be construed to delay 
24parole or mandatory supervised release consideration for 
25petitioners who are or will be eligible for release earlier 
26than this Section provides. Nothing in this Section shall be 
 
 
10100HB3584sam001- 52 -LRB101 08458 RLC 59918 a


1construed as a limit, substitution, or bar on a person's right 
2to sentencing relief, or any other manner of relief, obtained 
3by order of a court in proceedings other than as provided in 
4this Section.

5(Source: P.A. 100-1182, eff. 6-1-19; revised 4-2-19.)

6 (730 ILCS 5/5-4.5-20)
7 (Text of Section before amendment by P.A. 100-1182)
8 Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first 
9degree murder:
10 (a) TERM. The defendant shall be sentenced to imprisonment 
11or, if appropriate, death under Section 9-1 of the Criminal 
12Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). 
13Imprisonment shall be for a determinate term of (1) not less 
14than 20 years and not more than 60 years; (2) not less than 60 
15years and not more than 100 years when an extended term is 
16imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural 
17life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).

18 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
19shall not be imposed.

20 (c) IMPACT INCARCERATION. The impact incarceration program 
21or the county impact incarceration program is not an authorized 
22disposition.

23 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
24probation or conditional discharge shall not be imposed.

25 (e) FINE. Fines may be imposed as provided in Section 
 
 
10100HB3584sam001- 53 -LRB101 08458 RLC 59918 a


15-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

2 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
3concerning restitution.

4 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
5be concurrent or consecutive as provided in Section 5-8-4 (730 
6ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

7 (h) DRUG COURT. Drug court is not an authorized 
8disposition.

9 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
10ILCS 5/5-4.5-100) concerning no credit for time spent in home 
11detention prior to judgment.

12 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
13for rules and regulations for sentence credit.

14 (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic 
15monitoring and home detention are not authorized dispositions, 
16except in limited circumstances as provided in Section 5-8A-3 
17(730 ILCS 5/5-8A-3).

18 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
19provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or 
20mandatory supervised release term shall be 3 years upon release 
21from imprisonment.


22(Source: P.A. 100-431, eff. 8-25-17.)

23 (Text of Section after amendment by P.A. 100-1182)
24 Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first 
25degree murder:
 
 
10100HB3584sam001- 54 -LRB101 08458 RLC 59918 a


1 (a) TERM. The defendant shall be sentenced to imprisonment 
2or, if appropriate, death under Section 9-1 of the Criminal 
3Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). 
4Imprisonment shall be for a determinate term, subject to 
5Section 5-4.5-115 5-4.5-110 of this Code, of (1) not less than 
620 years and not more than 60 years; (2) not less than 60 years 
7and not more than 100 years when an extended term is imposed 
8under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as 
9provided in Section 5-8-1 (730 ILCS 5/5-8-1).

10 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
11shall not be imposed.

12 (c) IMPACT INCARCERATION. The impact incarceration program 
13or the county impact incarceration program is not an authorized 
14disposition.

15 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
16probation or conditional discharge shall not be imposed.

17 (e) FINE. Fines may be imposed as provided in Section 
185-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

19 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
20concerning restitution.

21 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
22be concurrent or consecutive as provided in Section 5-8-4 (730 
23ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

24 (h) DRUG COURT. Drug court is not an authorized 
25disposition.

26 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
 
 
10100HB3584sam001- 55 -LRB101 08458 RLC 59918 a


1ILCS 5/5-4.5-100) concerning no credit for time spent in home 
2detention prior to judgment.

3 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
4for rules and regulations for sentence credit.

5 (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic 
6monitoring and home detention are not authorized dispositions, 
7except in limited circumstances as provided in Section 5-8A-3 
8(730 ILCS 5/5-8A-3).

9 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
10provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or 
11mandatory supervised release term shall be 3 years upon release 
12from imprisonment.

13(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; 
14revised 4-3-19.)

15 (730 ILCS 5/5-4.5-25)
16 (Text of Section before amendment by P.A. 100-1182)
17 Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X 
18felony:
19 (a) TERM. The sentence of imprisonment shall be a 
20determinate sentence of not less than 6 years and not more than 
2130 years. The sentence of imprisonment for an extended term 
22Class X felony, as provided in Section 5-8-2 (730 ILCS 
235/5-8-2), shall be not less than 30 years and not more than 60 
24years.

25 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
 
 
10100HB3584sam001- 56 -LRB101 08458 RLC 59918 a


1shall not be imposed.

2 (c) IMPACT INCARCERATION. The impact incarceration program 
3or the county impact incarceration program is not an authorized 
4disposition.

5 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
6probation or conditional discharge shall not be imposed.

7 (e) FINE. Fines may be imposed as provided in Section 
85-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

9 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
10concerning restitution.

11 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
12be concurrent or consecutive as provided in Section 5-8-4 (730 
13ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

14 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
15Act (730 ILCS 166/20) concerning eligibility for a drug court 
16program.

17 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
18ILCS 5/5-4.5-100) concerning no credit for time spent in home 
19detention prior to judgment.

20 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
21for rules and regulations for sentence credit.

22 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
235-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
24electronic monitoring and home detention.

25 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
26provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
 
 
10100HB3584sam001- 57 -LRB101 08458 RLC 59918 a


15/5-8-1), the parole or mandatory supervised release term shall 
2be 3 years upon release from imprisonment.


3(Source: P.A. 100-431, eff. 8-25-17.)

4 (Text of Section after amendment by P.A. 100-1182)
5 Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X 
6felony:
7 (a) TERM. The sentence of imprisonment shall be a 
8determinate sentence, subject to Section 5-4.5-115 5-4.5-110 
9of this Code, of not less than 6 years and not more than 30 
10years. The sentence of imprisonment for an extended term Class 
11X felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), 
12subject to Section 5-4.5-115 5-4.5-110 of this Code, shall be 
13not less than 30 years and not more than 60 years.

14 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
15shall not be imposed.

16 (c) IMPACT INCARCERATION. The impact incarceration program 
17or the county impact incarceration program is not an authorized 
18disposition.

19 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
20probation or conditional discharge shall not be imposed.

21 (e) FINE. Fines may be imposed as provided in Section 
225-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

23 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
24concerning restitution.

25 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
 
 
10100HB3584sam001- 58 -LRB101 08458 RLC 59918 a


1be concurrent or consecutive as provided in Section 5-8-4 (730 
2ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

3 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
4Act (730 ILCS 166/20) concerning eligibility for a drug court 
5program.

6 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
7ILCS 5/5-4.5-100) concerning no credit for time spent in home 
8detention prior to judgment.

9 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
10for rules and regulations for sentence credit.

11 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
125-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
13electronic monitoring and home detention.

14 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
15provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
165/5-8-1), the parole or mandatory supervised release term shall 
17be 3 years upon release from imprisonment.


18(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; 
19revised 4-3-19.)

20 (730 ILCS 5/5-4.5-30)
21 (Text of Section before amendment by P.A. 100-1182)
22 Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 
23felony:
24 (a) TERM. The sentence of imprisonment, other than for 
25second degree murder, shall be a determinate sentence of not 
 
 
10100HB3584sam001- 59 -LRB101 08458 RLC 59918 a


1less than 4 years and not more than 15 years. The sentence of 
2imprisonment for second degree murder shall be a determinate 
3sentence of not less than 4 years and not more than 20 years. 
4The sentence of imprisonment for an extended term Class 1 
5felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall 
6be a term not less than 15 years and not more than 30 years.

7 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
8imprisonment shall be for a definite term of from 3 to 4 years, 
9except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
10ILCS 5/5-5-3 or 5/5-7-1).

11 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
12(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
13the impact incarceration program or the county impact 
14incarceration program.

15 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
16in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
17period of probation or conditional discharge shall not exceed 4 
18years. The court shall specify the conditions of probation or 
19conditional discharge as set forth in Section 5-6-3 (730 ILCS 
205/5-6-3). In no case shall an offender be eligible for a 
21disposition of probation or conditional discharge for a Class 1 
22felony committed while he or she was serving a term of 
23probation or conditional discharge for a felony.

24 (e) FINE. Fines may be imposed as provided in Section 
255-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

26 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
 
 
10100HB3584sam001- 60 -LRB101 08458 RLC 59918 a


1concerning restitution.

2 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
3be concurrent or consecutive as provided in Section 5-8-4 (730 
4ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

5 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
6Act (730 ILCS 166/20) concerning eligibility for a drug court 
7program.

8 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
9ILCS 5/5-4.5-100) concerning credit for time spent in home 
10detention prior to judgment.

11 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
12ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
13(730 ILCS 130/) for rules and regulations for sentence credit.

14 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
155-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
16electronic monitoring and home detention.

17 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
18provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
195/5-8-1), the parole or mandatory supervised release term shall 
20be 2 years upon release from imprisonment.


21(Source: P.A. 100-431, eff. 8-25-17.)

22 (Text of Section after amendment by P.A. 100-1182)
23 Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 
24felony:
25 (a) TERM. The sentence of imprisonment, other than for 
 
 
10100HB3584sam001- 61 -LRB101 08458 RLC 59918 a


1second degree murder, shall be a determinate sentence of not 
2less than 4 years and not more than 15 years, subject to 
3Section 5-4.5-115 5-4.5-110 of this Code. The sentence of 
4imprisonment for second degree murder shall be a determinate 
5sentence of not less than 4 years and not more than 20 years, 
6subject to Section 5-4.5-115 5-4.5-110 of this Code. The 
7sentence of imprisonment for an extended term Class 1 felony, 
8as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to 
9Section 5-4.5-115 5-4.5-110 of this Code, shall be a term not 
10less than 15 years and not more than 30 years.

11 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
12imprisonment shall be for a definite term of from 3 to 4 years, 
13except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
14ILCS 5/5-5-3 or 5/5-7-1).

15 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
16(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
17the impact incarceration program or the county impact 
18incarceration program.

19 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
20in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
21period of probation or conditional discharge shall not exceed 4 
22years. The court shall specify the conditions of probation or 
23conditional discharge as set forth in Section 5-6-3 (730 ILCS 
245/5-6-3). In no case shall an offender be eligible for a 
25disposition of probation or conditional discharge for a Class 1 
26felony committed while he or she was serving a term of 
 
 
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1probation or conditional discharge for a felony.

2 (e) FINE. Fines may be imposed as provided in Section 
35-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

4 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
5concerning restitution.

6 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
7be concurrent or consecutive as provided in Section 5-8-4 (730 
8ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

9 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
10Act (730 ILCS 166/20) concerning eligibility for a drug court 
11program.

12 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
13ILCS 5/5-4.5-100) concerning credit for time spent in home 
14detention prior to judgment.

15 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
16ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
17(730 ILCS 130/) for rules and regulations for sentence credit.

18 (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section 
195-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for 
20electronic monitoring and home detention.

21 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
22provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
235/5-8-1), the parole or mandatory supervised release term shall 
24be 2 years upon release from imprisonment.


25(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; 
26revised 4-3-19.)



 
 
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1 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

2 (Text of Section before amendment by P.A. 100-1182)

3 Sec. 5-8-1. Natural life imprisonment; enhancements for 
4use of a firearm; mandatory supervised release terms. 

5 (a) Except as otherwise provided in the statute defining 
6the offense or in Article 4.5 of Chapter V, a
sentence of 
7imprisonment for a felony shall be a determinate sentence set 
8by
the court under this Section, according to the following 
9limitations:

10  (1) for first degree murder,

11   (a) (blank),

12   (b) if a trier of fact finds beyond a reasonable

13 doubt that the murder was accompanied by exceptionally

14 brutal or heinous behavior indicative of wanton 
15 cruelty or, except as set forth
in subsection (a)(1)(c) 
16 of this Section, that any of the aggravating factors

17 listed in subsection (b) or (b-5) of Section 9-1 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012 are

19 present, the court may sentence the defendant, subject 
20 to Section 5-4.5-105, to a term of natural life

21 imprisonment, or

22   (c) the court shall sentence the defendant to a 
23 term of natural life
imprisonment if the defendant, at 
24 the time of the commission of the murder, had attained 
25 the age of 18, and 

 
 
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1    (i) has previously been convicted of first 
2 degree murder under
any state or federal law, or

3    (ii) is found guilty of murdering more
than one 
4 victim, or

5    (iii) is found guilty of murdering a peace 
6 officer, fireman, or emergency management worker 
7 when
the peace officer, fireman, or emergency 
8 management worker was killed in the course of 
9 performing his
official duties, or to prevent the 
10 peace officer or fireman from
performing his 
11 official duties, or in retaliation for the peace 
12 officer,
fireman, or emergency management worker 
13 from performing his official duties, and the 
14 defendant knew or should
have known that the 
15 murdered individual was a peace officer, fireman, 
16 or emergency management worker, or

17    (iv) is found guilty of murdering an employee 
18 of an institution or
facility of the Department of 
19 Corrections, or any similar local
correctional 
20 agency, when the employee was killed in the course 
21 of
performing his official duties, or to prevent 
22 the employee from performing
his official duties, 
23 or in retaliation for the employee performing his

24 official duties, or

25    (v) is found guilty of murdering an emergency 
26 medical
technician - ambulance, emergency medical 
 
 
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1 technician - intermediate, emergency
medical 
2 technician - paramedic, ambulance driver or other 
3 medical assistance or
first aid person while 
4 employed by a municipality or other governmental 
5 unit
when the person was killed in the course of 
6 performing official duties or
to prevent the 
7 person from performing official duties or in 
8 retaliation
for performing official duties and the 
9 defendant knew or should have known
that the 
10 murdered individual was an emergency medical 
11 technician - ambulance,
emergency medical 
12 technician - intermediate, emergency medical

13 technician - paramedic, ambulance driver, or other 
14 medical
assistant or first aid personnel, or

15    (vi) (blank), or

16    (vii) is found guilty of first degree murder 
17 and the murder was
committed by reason of any 
18 person's activity as a community policing 
19 volunteer
or to prevent any person from engaging in 
20 activity as a community policing
volunteer. For 
21 the purpose of this Section, "community policing 
22 volunteer"
has the meaning ascribed to it in 
23 Section 2-3.5 of the Criminal Code of 2012.

24   For purposes of clause (v), "emergency medical 
25 technician - ambulance",
"emergency medical technician -
26  intermediate", "emergency medical technician -

 
 
10100HB3584sam001- 66 -LRB101 08458 RLC 59918 a


1 paramedic", have the meanings ascribed to them in the 
2 Emergency Medical
Services (EMS) Systems Act.

3   (d) (i) if the person committed the offense while 
4 armed with a
firearm, 15 years shall be added to 
5 the term of imprisonment imposed by the
court;

6    (ii) if, during the commission of the offense, 
7 the person
personally discharged a firearm, 20 
8 years shall be added to the term of
imprisonment 
9 imposed by the court;

10    (iii) if, during the commission of the 
11 offense, the person
personally discharged a 
12 firearm that proximately caused great bodily harm,

13 permanent disability, permanent disfigurement, or 
14 death to another person, 25
years or up to a term 
15 of natural life shall be added to the term of

16 imprisonment imposed by the court.

17  (2) (blank);

18  (2.5) for a person who has attained the age of 18 years

19 at the time of the commission of the offense and
who is 
20 convicted under the circumstances described in subdivision 
21 (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection 
22 (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 
23 or paragraph (2) of subsection
(d) of Section 12-14, 
24 subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) 
25 of subsection (b) of
Section 12-14.1, subdivision (b)(2) of 
26 Section 11-1.40 or paragraph (2) of subsection (b) of 
 
 
10100HB3584sam001- 67 -LRB101 08458 RLC 59918 a


1 Section 12-14.1
of the Criminal Code of 1961 or the 
2 Criminal Code of 2012, the sentence shall be a term of 
3 natural life
imprisonment.

4 (b) (Blank).

5 (c) (Blank).

6 (d) Subject to
earlier termination under Section 3-3-8, the 
7parole or mandatory
supervised release term shall be written as 
8part of the sentencing order and shall be as follows:

9  (1) for first degree murder or a Class X felony except 
10 for the offenses of predatory criminal sexual assault of a 
11 child, aggravated criminal sexual assault, and criminal 
12 sexual assault if committed on or after the effective date 
13 of this amendatory Act of the 94th General Assembly and 
14 except for the offense of aggravated child pornography 
15 under Section 11-20.1B, 11-20.3, or 11-20.1 with 
16 sentencing under subsection (c-5) of Section 11-20.1 of the 
17 Criminal Code of 1961 or the Criminal Code of 2012, if 
18 committed on or after January 1, 2009, 3 years;

19  (2) for a Class 1 felony or a Class 2 felony except for 
20 the offense of criminal sexual assault if committed on or 
21 after the effective date of this amendatory Act of the 94th 
22 General Assembly and except for the offenses of manufacture 
23 and dissemination of child pornography under clauses 
24 (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
25 of 1961 or the Criminal Code of 2012, if committed on or 
26 after January 1, 2009, 2 years;

 
 
10100HB3584sam001- 68 -LRB101 08458 RLC 59918 a


1  (3) for a Class 3 felony or a Class 4 felony, 1 year;

2  (4) for defendants who commit the offense of predatory 
3 criminal sexual assault of a child, aggravated criminal 
4 sexual assault, or criminal sexual assault, on or after the 
5 effective date of this amendatory Act of the 94th General 
6 Assembly, or who commit the offense of aggravated child 
7 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
8 with sentencing under subsection (c-5) of Section 11-20.1 
9 of the Criminal Code of 1961 or the Criminal Code of 2012, 
10 manufacture of child pornography, or dissemination of 
11 child pornography after January 1, 2009, the term of 
12 mandatory supervised release shall range from a minimum of 
13 3 years to a maximum of the natural life of the defendant;

14  (5) if the victim is under 18 years of age, for a 
15 second or subsequent
offense of aggravated criminal sexual 
16 abuse or felony criminal sexual abuse,
4 years, at least 
17 the first 2 years of which the defendant shall serve in an

18 electronic monitoring or home detention program under 
19 Article 8A of Chapter V of this Code;

20  (6) for a felony domestic battery, aggravated domestic 
21 battery, stalking, aggravated stalking, and a felony 
22 violation of an order of protection, 4 years. 
23 (e) (Blank).

24 (f) (Blank).

25(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431, 
26eff. 8-25-17.)

 
 
10100HB3584sam001- 69 -LRB101 08458 RLC 59918 a


1 (Text of Section after amendment by P.A. 100-1182)

2 Sec. 5-8-1. Natural life imprisonment; enhancements for 
3use of a firearm; mandatory supervised release terms. 

4 (a) Except as otherwise provided in the statute defining 
5the offense or in Article 4.5 of Chapter V, a
sentence of 
6imprisonment for a felony shall be a determinate sentence set 
7by
the court under this Section, subject to Section 5-4.5-115 
85-4.5-110 of this Code, according to the following limitations:

9  (1) for first degree murder,

10   (a) (blank),

11   (b) if a trier of fact finds beyond a reasonable

12 doubt that the murder was accompanied by exceptionally

13 brutal or heinous behavior indicative of wanton 
14 cruelty or, except as set forth
in subsection (a)(1)(c) 
15 of this Section, that any of the aggravating factors

16 listed in subsection (b) or (b-5) of Section 9-1 of the 
17 Criminal Code of 1961 or the Criminal Code of 2012 are

18 present, the court may sentence the defendant, subject 
19 to Section 5-4.5-105, to a term of natural life

20 imprisonment, or

21   (c) the court shall sentence the defendant to a 
22 term of natural life
imprisonment if the defendant, at 
23 the time of the commission of the murder, had attained 
24 the age of 18, and 

25    (i) has previously been convicted of first 
 
 
10100HB3584sam001- 70 -LRB101 08458 RLC 59918 a


1 degree murder under
any state or federal law, or

2    (ii) is found guilty of murdering more
than one 
3 victim, or

4    (iii) is found guilty of murdering a peace 
5 officer, fireman, or emergency management worker 
6 when
the peace officer, fireman, or emergency 
7 management worker was killed in the course of 
8 performing his
official duties, or to prevent the 
9 peace officer or fireman from
performing his 
10 official duties, or in retaliation for the peace 
11 officer,
fireman, or emergency management worker 
12 from performing his official duties, and the 
13 defendant knew or should
have known that the 
14 murdered individual was a peace officer, fireman, 
15 or emergency management worker, or

16    (iv) is found guilty of murdering an employee 
17 of an institution or
facility of the Department of 
18 Corrections, or any similar local
correctional 
19 agency, when the employee was killed in the course 
20 of
performing his official duties, or to prevent 
21 the employee from performing
his official duties, 
22 or in retaliation for the employee performing his

23 official duties, or

24    (v) is found guilty of murdering an emergency 
25 medical
technician - ambulance, emergency medical 
26 technician - intermediate, emergency
medical 
 
 
10100HB3584sam001- 71 -LRB101 08458 RLC 59918 a


1 technician - paramedic, ambulance driver or other 
2 medical assistance or
first aid person while 
3 employed by a municipality or other governmental 
4 unit
when the person was killed in the course of 
5 performing official duties or
to prevent the 
6 person from performing official duties or in 
7 retaliation
for performing official duties and the 
8 defendant knew or should have known
that the 
9 murdered individual was an emergency medical 
10 technician - ambulance,
emergency medical 
11 technician - intermediate, emergency medical

12 technician - paramedic, ambulance driver, or other 
13 medical
assistant or first aid personnel, or

14    (vi) (blank), or

15    (vii) is found guilty of first degree murder 
16 and the murder was
committed by reason of any 
17 person's activity as a community policing 
18 volunteer
or to prevent any person from engaging in 
19 activity as a community policing
volunteer. For 
20 the purpose of this Section, "community policing 
21 volunteer"
has the meaning ascribed to it in 
22 Section 2-3.5 of the Criminal Code of 2012.

23   For purposes of clause (v), "emergency medical 
24 technician - ambulance",
"emergency medical technician -
25  intermediate", "emergency medical technician -

26 paramedic", have the meanings ascribed to them in the 
 
 
10100HB3584sam001- 72 -LRB101 08458 RLC 59918 a


1 Emergency Medical
Services (EMS) Systems Act.

2   (d) (i) if the person committed the offense while 
3 armed with a
firearm, 15 years shall be added to 
4 the term of imprisonment imposed by the
court;

5    (ii) if, during the commission of the offense, 
6 the person
personally discharged a firearm, 20 
7 years shall be added to the term of
imprisonment 
8 imposed by the court;

9    (iii) if, during the commission of the 
10 offense, the person
personally discharged a 
11 firearm that proximately caused great bodily harm,

12 permanent disability, permanent disfigurement, or 
13 death to another person, 25
years or up to a term 
14 of natural life shall be added to the term of

15 imprisonment imposed by the court.

16  (2) (blank);

17  (2.5) for a person who has attained the age of 18 years

18 at the time of the commission of the offense and
who is 
19 convicted under the circumstances described in subdivision 
20 (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection 
21 (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 
22 or paragraph (2) of subsection
(d) of Section 12-14, 
23 subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) 
24 of subsection (b) of
Section 12-14.1, subdivision (b)(2) of 
25 Section 11-1.40 or paragraph (2) of subsection (b) of 
26 Section 12-14.1
of the Criminal Code of 1961 or the 
 
 
10100HB3584sam001- 73 -LRB101 08458 RLC 59918 a


1 Criminal Code of 2012, the sentence shall be a term of 
2 natural life
imprisonment.

3 (b) (Blank).

4 (c) (Blank).

5 (d) Subject to
earlier termination under Section 3-3-8, the 
6parole or mandatory
supervised release term shall be written as 
7part of the sentencing order and shall be as follows:

8  (1) for first degree murder or a Class X felony except 
9 for the offenses of predatory criminal sexual assault of a 
10 child, aggravated criminal sexual assault, and criminal 
11 sexual assault if committed on or after the effective date 
12 of this amendatory Act of the 94th General Assembly and 
13 except for the offense of aggravated child pornography 
14 under Section 11-20.1B, 11-20.3, or 11-20.1 with 
15 sentencing under subsection (c-5) of Section 11-20.1 of the 
16 Criminal Code of 1961 or the Criminal Code of 2012, if 
17 committed on or after January 1, 2009, 3 years;

18  (2) for a Class 1 felony or a Class 2 felony except for 
19 the offense of criminal sexual assault if committed on or 
20 after the effective date of this amendatory Act of the 94th 
21 General Assembly and except for the offenses of manufacture 
22 and dissemination of child pornography under clauses 
23 (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
24 of 1961 or the Criminal Code of 2012, if committed on or 
25 after January 1, 2009, 2 years;

26  (3) for a Class 3 felony or a Class 4 felony, 1 year;

 
 
10100HB3584sam001- 74 -LRB101 08458 RLC 59918 a


1  (4) for defendants who commit the offense of predatory 
2 criminal sexual assault of a child, aggravated criminal 
3 sexual assault, or criminal sexual assault, on or after the 
4 effective date of this amendatory Act of the 94th General 
5 Assembly, or who commit the offense of aggravated child 
6 pornography under Section 11-20.1B, 11-20.3, or 11-20.1 
7 with sentencing under subsection (c-5) of Section 11-20.1 
8 of the Criminal Code of 1961 or the Criminal Code of 2012, 
9 manufacture of child pornography, or dissemination of 
10 child pornography after January 1, 2009, the term of 
11 mandatory supervised release shall range from a minimum of 
12 3 years to a maximum of the natural life of the defendant;

13  (5) if the victim is under 18 years of age, for a 
14 second or subsequent
offense of aggravated criminal sexual 
15 abuse or felony criminal sexual abuse,
4 years, at least 
16 the first 2 years of which the defendant shall serve in an

17 electronic monitoring or home detention program under 
18 Article 8A of Chapter V of this Code;

19  (6) for a felony domestic battery, aggravated domestic 
20 battery, stalking, aggravated stalking, and a felony 
21 violation of an order of protection, 4 years. 
22 (e) (Blank).

23 (f) (Blank).

24(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431, 
25eff. 8-25-17; 100-1182, eff. 6-1-19; revised 4-3-19.)

 
 
10100HB3584sam001- 75 -LRB101 08458 RLC 59918 a


1 Section 15. The Open Parole Hearings Act is amended by 
2changing Sections 10 and 25 as follows:



3 (730 ILCS 105/10) (from Ch. 38, par. 1660)



4 Sec. 10. Victim Victim's statements. 

5 (a) The Board shall receive and consider victim statements.
6 (a-5) Pursuant to paragraph (19) of subsection (b) of 
7Section 4.5 of the Rights of Crime Victims and Witnesses Act 
8Upon request of the victim, the State's Attorney shall forward 
9a
copy of any statement presented at the time of trial to the 
10Prisoner Review
Board to be considered at the time of a parole 
11hearing.

12 (b) The victim has the right to submit a victim statement 
13for consideration by the Prisoner Review Board in writing, on 
14film, videotape, or other electronic means, or in the form of a 
15recording prior to the parole hearing, or orally at the parole 
16hearing, or by calling the toll-free number established in 
17subsection (f) of Section 4.5 of the Rights of Crime Victims 
18and Witnesses Act. Victim statements shall not be considered 
19public documents under provisions of the Freedom of Information 
20Act.
21 (b-5) Other than as provided in subsection (c), the Board 
22shall not release any material to the inmate, the inmate's 
23attorney, any third party, or any other person that contains 
24any information from a victim who has provided a victim 
25statement to the Board, unless provided with a waiver from that 
 
 
10100HB3584sam001- 76 -LRB101 08458 RLC 59918 a


1victim. The Board shall not release the names or addresses of 
2any person on its victim registry to any other person except 
3the victim, a law enforcement agency, or other victim 
4notification system. Victim statements provided to the Board 
5shall be confidential and privileged, including any statements 
6received prior to the effective date of this amendatory Act of 
7the 101st General Assembly, except if the statement was an oral 
8statement made by the victim at a hearing open to the public.
9 (c) The inmate or his or her attorney shall be informed of 
10the existence of a victim statement and its contents under 
11provisions of Board rules. This shall not be construed to 
12permit disclosure to an inmate of any information which might 
13result in the risk of threats or physical harm to a victim or 
14complaining witness.
15 (d) The inmate shall be given the opportunity to answer a 
16victim statement, either orally or in writing.
17 (e) All victim statements, except if the statement was an 
18oral statement made by the victim at a hearing open to the 
19public, shall be part of the applicant's, releasee's, or 
20parolee's parole file. The victim may enter a statement either 
21oral, written, on video
tape, or other electronic means in the 
22form and manner described by the
Prisoner Review Board to be 
23considered at the time of a parole consideration
hearing.

24(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)





25 (730 ILCS 105/25) (from Ch. 38, par. 1675)



 
 
10100HB3584sam001- 77 -LRB101 08458 RLC 59918 a


1 Sec. 25. Notification of future parole hearings. 

2 (a) The Board shall notify the State's Attorney of the 
3committing county
of the pending hearing and the victim of all 
4forthcoming parole hearings at
least 15 days in advance. 
5Written notification shall contain:


6  (1) notification of the place of the hearing;


7  (2) the date and approximate time of the hearing;


8  (3) their right to enter a statement, to appear in 
9 person, and to
submit other information by video tape, tape 
10 recording, or other electronic
means in the form and manner 
11 described by the Board
or if a victim of a violent crime as 
12 defined in
subsection (c) of Section 3 of the Rights of 
13 Crime Victims and Witnesses Act,
by calling the toll-free 
14 number established in subsection (f) of Section 4.5 of the 
15 Rights of Crime Victims and Witnesses Act subsection (f) of 
16 that
Section.

17 Notification to the victims shall be at the last known 
18address of the
victim. It shall be the responsibility of the 
19victim to notify the board of
any changes in address and name.

20 (b) However, at any time the victim may request by a 
21written certified
statement that the Prisoner Review Board stop 
22sending notice under this
Section.

23 (c) (Blank).

24 (d) No later than 7 days after a parole hearing the Board 
25shall send
notice of its decision to the State's Attorney and 
26victim. If parole is
denied, the Board shall within a 
 
 
10100HB3584sam001- 78 -LRB101 08458 RLC 59918 a


1reasonable period of time notify the
victim of the month and 
2year of the next scheduled hearing.

3(Source: P.A. 93-235, eff. 7-22-03.)


4 (730 ILCS 105/35 rep.)
5 Section 20. The Open Parole Hearings Act is amended by 
6repealing Section 35.

7 Section 95. No acceleration or delay. Where this Act makes 
8changes in a statute that is represented in this Act by text 
9that is not yet or no longer in effect (for example, a Section 
10represented by multiple versions), the use of that text does 
11not accelerate or delay the taking effect of (i) the changes 
12made by this Act or (ii) provisions derived from any other 
13Public Act.".