HB3584 Enrolled LRB101 08458 SLF 53534 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Rights of Crime Victims and Witnesses Act is
5		amended by changing Sections 4.5 and 6 as follows:
6		(725 ILCS 120/4.5)
7		Sec. 4.5. Procedures to implement the rights of crime
8		victims. To afford crime victims their rights, law enforcement,
9		prosecutors, judges, and corrections will provide information,
10		as appropriate, of the following procedures:
11		(a) At the request of the crime victim, law enforcement
12		authorities investigating the case shall provide notice of the
13		status of the investigation, except where the State's Attorney
14		determines that disclosure of such information would
15		unreasonably interfere with the investigation, until such time
16		as the alleged assailant is apprehended or the investigation is
17		closed.
18		(a-5) When law enforcement authorities reopen re-open a
19		closed case to resume investigating, they shall provide notice
20		of the reopening re-opening of the case, except where the
21		State's Attorney determines that disclosure of such
22		information would unreasonably interfere with the
23		investigation.

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1		(b) The office of the State's Attorney:
2		(1) shall provide notice of the filing of an
3		information, the return of an indictment, or the filing of
4		a petition to adjudicate a minor as a delinquent for a
5		violent crime;
6		(2) shall provide timely notice of the date, time, and
7		place of court proceedings; of any change in the date,
8		time, and place of court proceedings; and of any
9		cancellation of court proceedings. Notice shall be
10		provided in sufficient time, wherever possible, for the
11		victim to make arrangements to attend or to prevent an
12		unnecessary appearance at court proceedings;
13		(3) or victim advocate personnel shall provide
14		information of social services and financial assistance
15		available for victims of crime, including information of
16		how to apply for these services and assistance;
17		(3.5) or victim advocate personnel shall provide
18		information about available victim services, including
19		referrals to programs, counselors, and agencies that
20		assist a victim to deal with trauma, loss, and grief;
21		(4) shall assist in having any stolen or other personal
22		property held by law enforcement authorities for
23		evidentiary or other purposes returned as expeditiously as
24		possible, pursuant to the procedures set out in Section
25		115-9 of the Code of Criminal Procedure of 1963;
26		(5) or victim advocate personnel shall provide

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1		appropriate employer intercession services to ensure that
2		employers of victims will cooperate with the criminal
3		justice system in order to minimize an employee's loss of
4		pay and other benefits resulting from court appearances;
5		(6) shall provide, whenever possible, a secure waiting
6		area during court proceedings that does not require victims
7		to be in close proximity to defendants or juveniles accused
8		of a violent crime, and their families and friends;
9		(7) shall provide notice to the crime victim of the
10		right to have a translator present at all court proceedings
11		and, in compliance with the federal Americans with
12		Disabilities Act of 1990, the right to communications
13		access through a sign language interpreter or by other
14		means;
15		(8) (blank);
16		(8.5) shall inform the victim of the right to be
17		present at all court proceedings, unless the victim is to
18		testify and the court determines that the victim's
19		testimony would be materially affected if the victim hears
20		other testimony at trial;
21		(9) shall inform the victim of the right to have
22		present at all court proceedings, subject to the rules of
23		evidence and confidentiality, an advocate and other
24		support person of the victim's choice;
25		(9.3) shall inform the victim of the right to retain an
26		attorney, at the victim's own expense, who, upon written

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1		notice filed with the clerk of the court and State's
2		Attorney, is to receive copies of all notices, motions, and
3		court orders filed thereafter in the case, in the same
4		manner as if the victim were a named party in the case;
5		(9.5) shall inform the victim of (A) the victim's right
6		under Section 6 of this Act to make a statement at the
7		sentencing hearing; (B) the right of the victim's spouse,
8		guardian, parent, grandparent, and other immediate family
9		and household members under Section 6 of this Act to
10		present a statement at sentencing; and (C) if a presentence
11		report is to be prepared, the right of the victim's spouse,
12		guardian, parent, grandparent, and other immediate family
13		and household members to submit information to the preparer
14		of the presentence report about the effect the offense has
15		had on the victim and the person;
16		(10) at the sentencing shall make a good faith attempt
17		to explain the minimum amount of time during which the
18		defendant may actually be physically imprisoned. The
19		Office of the State's Attorney shall further notify the
20		crime victim of the right to request from the Prisoner
21		Review Board or Department of Juvenile Justice information
22		concerning the release of the defendant;
23		(11) shall request restitution at sentencing and as
24		part of a plea agreement if the victim requests
25		restitution;
26		(12) shall, upon the court entering a verdict of not

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1		guilty by reason of insanity, inform the victim of the
2		notification services available from the Department of
3		Human Services, including the statewide telephone number,
4		under subparagraph (d)(2) of this Section;
5		(13) shall provide notice within a reasonable time
6		after receipt of notice from the custodian, of the release
7		of the defendant on bail or personal recognizance or the
8		release from detention of a minor who has been detained;
9		(14) shall explain in nontechnical language the
10		details of any plea or verdict of a defendant, or any
11		adjudication of a juvenile as a delinquent;
12		(15) shall make all reasonable efforts to consult with
13		the crime victim before the Office of the State's Attorney
14		makes an offer of a plea bargain to the defendant or enters
15		into negotiations with the defendant concerning a possible
16		plea agreement, and shall consider the written statement,
17		if prepared prior to entering into a plea agreement. The
18		right to consult with the prosecutor does not include the
19		right to veto a plea agreement or to insist the case go to
20		trial. If the State's Attorney has not consulted with the
21		victim prior to making an offer or entering into plea
22		negotiations with the defendant, the Office of the State's
23		Attorney shall notify the victim of the offer or the
24		negotiations within 2 business days and confer with the
25		victim;
26		(16) shall provide notice of the ultimate disposition

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1		of the cases arising from an indictment or an information,
2		or a petition to have a juvenile adjudicated as a
3		delinquent for a violent crime;
4		(17) shall provide notice of any appeal taken by the
5		defendant and information on how to contact the appropriate
6		agency handling the appeal, and how to request notice of
7		any hearing, oral argument, or decision of an appellate
8		court;
9		(18) shall provide timely notice of any request for
10		post-conviction review filed by the defendant under
11		Article 122 of the Code of Criminal Procedure of 1963, and
12		of the date, time and place of any hearing concerning the
13		petition. Whenever possible, notice of the hearing shall be
14		given within 48 hours of the court's scheduling of the
15		hearing; and
16		(19) shall forward a copy of any statement presented
17		under Section 6 to the Prisoner Review Board or Department
18		of Juvenile Justice to be considered in making a
19		determination under Section 3-2.5-85 or subsection (b) of
20		Section 3-3-8 of the Unified Code of Corrections.
21		(c) The court shall ensure that the rights of the victim
22		are afforded.
23		(c-5) The following procedures shall be followed to afford
24		victims the rights guaranteed by Article I, Section 8.1 of the
25		Illinois Constitution:
26		(1) Written notice. A victim may complete a written

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1		notice of intent to assert rights on a form prepared by the
2		Office of the Attorney General and provided to the victim
3		by the State's Attorney. The victim may at any time provide
4		a revised written notice to the State's Attorney. The
5		State's Attorney shall file the written notice with the
6		court. At the beginning of any court proceeding in which
7		the right of a victim may be at issue, the court and
8		prosecutor shall review the written notice to determine
9		whether the victim has asserted the right that may be at
10		issue.
11		(2) Victim's retained attorney. A victim's attorney
12		shall file an entry of appearance limited to assertion of
13		the victim's rights. Upon the filing of the entry of
14		appearance and service on the State's Attorney and the
15		defendant, the attorney is to receive copies of all
16		notices, motions and court orders filed thereafter in the
17		case.
18		(3) Standing. The victim has standing to assert the
19		rights enumerated in subsection (a) of Article I, Section
20		8.1 of the Illinois Constitution and the statutory rights
21		under Section 4 of this Act in any court exercising
22		jurisdiction over the criminal case. The prosecuting
23		attorney, a victim, or the victim's retained attorney may
24		assert the victim's rights. The defendant in the criminal
25		case has no standing to assert a right of the victim in any
26		court proceeding, including on appeal.

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1		(4) Assertion of and enforcement of rights.
2		(A) The prosecuting attorney shall assert a
3		victim's right or request enforcement of a right by
4		filing a motion or by orally asserting the right or
5		requesting enforcement in open court in the criminal
6		case outside the presence of the jury. The prosecuting
7		attorney shall consult with the victim and the victim's
8		attorney regarding the assertion or enforcement of a
9		right. If the prosecuting attorney decides not to
10		assert or enforce a victim's right, the prosecuting
11		attorney shall notify the victim or the victim's
12		attorney in sufficient time to allow the victim or the
13		victim's attorney to assert the right or to seek
14		enforcement of a right.
15		(B) If the prosecuting attorney elects not to
16		assert a victim's right or to seek enforcement of a
17		right, the victim or the victim's attorney may assert
18		the victim's right or request enforcement of a right by
19		filing a motion or by orally asserting the right or
20		requesting enforcement in open court in the criminal
21		case outside the presence of the jury.
22		(C) If the prosecuting attorney asserts a victim's
23		right or seeks enforcement of a right, and the court
24		denies the assertion of the right or denies the request
25		for enforcement of a right, the victim or victim's
26		attorney may file a motion to assert the victim's right

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1		or to request enforcement of the right within 10 days
2		of the court's ruling. The motion need not demonstrate
3		the grounds for a motion for reconsideration. The court
4		shall rule on the merits of the motion.
5		(D) The court shall take up and decide any motion
6		or request asserting or seeking enforcement of a
7		victim's right without delay, unless a specific time
8		period is specified by law or court rule. The reasons
9		for any decision denying the motion or request shall be
10		clearly stated on the record.
11		(5) Violation of rights and remedies.
12		(A) If the court determines that a victim's right
13		has been violated, the court shall determine the
14		appropriate remedy for the violation of the victim's
15		right by hearing from the victim and the parties,
16		considering all factors relevant to the issue, and then
17		awarding appropriate relief to the victim.
18		(A-5) Consideration of an issue of a substantive
19		nature or an issue that implicates the constitutional
20		or statutory right of a victim at a court proceeding
21		labeled as a status hearing shall constitute a per se
22		violation of a victim's right.
23		(B) The appropriate remedy shall include only
24		actions necessary to provide the victim the right to
25		which the victim was entitled and may include reopening
26		previously held proceedings; however, in no event

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1		shall the court vacate a conviction. Any remedy shall
2		be tailored to provide the victim an appropriate remedy
3		without violating any constitutional right of the
4		defendant. In no event shall the appropriate remedy be
5		a new trial, damages, or costs.
6		(6) Right to be heard. Whenever a victim has the right
7		to be heard, the court shall allow the victim to exercise
8		the right in any reasonable manner the victim chooses.
9		(7) Right to attend trial. A party must file a written
10		motion to exclude a victim from trial at least 60 days
11		prior to the date set for trial. The motion must state with
12		specificity the reason exclusion is necessary to protect a
13		constitutional right of the party, and must contain an
14		offer of proof. The court shall rule on the motion within
15		30 days. If the motion is granted, the court shall set
16		forth on the record the facts that support its finding that
17		the victim's testimony will be materially affected if the
18		victim hears other testimony at trial.
19		(8) Right to have advocate and support person present
20		at court proceedings.
21		(A) A party who intends to call an advocate as a
22		witness at trial must seek permission of the court
23		before the subpoena is issued. The party must file a
24		written motion at least 90 days before trial that sets
25		forth specifically the issues on which the advocate's
26		testimony is sought and an offer of proof regarding (i)

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1		the content of the anticipated testimony of the
2		advocate; and (ii) the relevance, admissibility, and
3		materiality of the anticipated testimony. The court
4		shall consider the motion and make findings within 30
5		days of the filing of the motion. If the court finds by
6		a preponderance of the evidence that: (i) the
7		anticipated testimony is not protected by an absolute
8		privilege; and (ii) the anticipated testimony contains
9		relevant, admissible, and material evidence that is
10		not available through other witnesses or evidence, the
11		court shall issue a subpoena requiring the advocate to
12		appear to testify at an in camera hearing. The
13		prosecuting attorney and the victim shall have 15 days
14		to seek appellate review before the advocate is
15		required to testify at an ex parte in camera
16		proceeding.
17		The prosecuting attorney, the victim, and the
18		advocate's attorney shall be allowed to be present at
19		the ex parte in camera proceeding. If, after conducting
20		the ex parte in camera hearing, the court determines
21		that due process requires any testimony regarding
22		confidential or privileged information or
23		communications, the court shall provide to the
24		prosecuting attorney, the victim, and the advocate's
25		attorney a written memorandum on the substance of the
26		advocate's testimony. The prosecuting attorney, the

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1		victim, and the advocate's attorney shall have 15 days
2		to seek appellate review before a subpoena may be
3		issued for the advocate to testify at trial. The
4		presence of the prosecuting attorney at the ex parte in
5		camera proceeding does not make the substance of the
6		advocate's testimony that the court has ruled
7		inadmissible subject to discovery.
8		(B) If a victim has asserted the right to have a
9		support person present at the court proceedings, the
10		victim shall provide the name of the person the victim
11		has chosen to be the victim's support person to the
12		prosecuting attorney, within 60 days of trial. The
13		prosecuting attorney shall provide the name to the
14		defendant. If the defendant intends to call the support
15		person as a witness at trial, the defendant must seek
16		permission of the court before a subpoena is issued.
17		The defendant must file a written motion at least 45
18		days prior to trial that sets forth specifically the
19		issues on which the support person will testify and an
20		offer of proof regarding: (i) the content of the
21		anticipated testimony of the support person; and (ii)
22		the relevance, admissibility, and materiality of the
23		anticipated testimony.
24		If the prosecuting attorney intends to call the
25		support person as a witness during the State's
26		case-in-chief, the prosecuting attorney shall inform

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1		the court of this intent in the response to the
2		defendant's written motion. The victim may choose a
3		different person to be the victim's support person. The
4		court may allow the defendant to inquire about matters
5		outside the scope of the direct examination during
6		cross-examination cross examination. If the court
7		allows the defendant to do so, the support person shall
8		be allowed to remain in the courtroom after the support
9		person has testified. A defendant who fails to question
10		the support person about matters outside the scope of
11		direct examination during the State's case-in-chief
12		waives the right to challenge the presence of the
13		support person on appeal. The court shall allow the
14		support person to testify if called as a witness in the
15		defendant's case-in-chief or the State's rebuttal.
16		If the court does not allow the defendant to
17		inquire about matters outside the scope of the direct
18		examination, the support person shall be allowed to
19		remain in the courtroom after the support person has
20		been called by the defendant or the defendant has
21		rested. The court shall allow the support person to
22		testify in the State's rebuttal.
23		If the prosecuting attorney does not intend to call
24		the support person in the State's case-in-chief, the
25		court shall verify with the support person whether the
26		support person, if called as a witness, would testify

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1		as set forth in the offer of proof. If the court finds
2		that the support person would testify as set forth in
3		the offer of proof, the court shall rule on the
4		relevance, materiality, and admissibility of the
5		anticipated testimony. If the court rules the
6		anticipated testimony is admissible, the court shall
7		issue the subpoena. The support person may remain in
8		the courtroom after the support person testifies and
9		shall be allowed to testify in rebuttal.
10		If the court excludes the victim's support person
11		during the State's case-in-chief, the victim shall be
12		allowed to choose another support person to be present
13		in court.
14		If the victim fails to designate a support person
15		within 60 days of trial and the defendant has
16		subpoenaed the support person to testify at trial, the
17		court may exclude the support person from the trial
18		until the support person testifies. If the court
19		excludes the support person the victim may choose
20		another person as a support person.
21		(9) Right to notice and hearing before disclosure of
22		confidential or privileged information or records. A
23		defendant who seeks to subpoena records of or concerning
24		the victim that are confidential or privileged by law must
25		seek permission of the court before the subpoena is issued.
26		The defendant must file a written motion and an offer of

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1		proof regarding the relevance, admissibility and
2		materiality of the records. If the court finds by a
3		preponderance of the evidence that: (A) the records are not
4		protected by an absolute privilege and (B) the records
5		contain relevant, admissible, and material evidence that
6		is not available through other witnesses or evidence, the
7		court shall issue a subpoena requiring a sealed copy of the
8		records be delivered to the court to be reviewed in camera.
9		If, after conducting an in camera review of the records,
10		the court determines that due process requires disclosure
11		of any portion of the records, the court shall provide
12		copies of what it intends to disclose to the prosecuting
13		attorney and the victim. The prosecuting attorney and the
14		victim shall have 30 days to seek appellate review before
15		the records are disclosed to the defendant. The disclosure
16		of copies of any portion of the records to the prosecuting
17		attorney does not make the records subject to discovery.
18		(10) Right to notice of court proceedings. If the
19		victim is not present at a court proceeding in which a
20		right of the victim is at issue, the court shall ask the
21		prosecuting attorney whether the victim was notified of the
22		time, place, and purpose of the court proceeding and that
23		the victim had a right to be heard at the court proceeding.
24		If the court determines that timely notice was not given or
25		that the victim was not adequately informed of the nature
26		of the court proceeding, the court shall not rule on any

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1		substantive issues, accept a plea, or impose a sentence and
2		shall continue the hearing for the time necessary to notify
3		the victim of the time, place and nature of the court
4		proceeding. The time between court proceedings shall not be
5		attributable to the State under Section 103-5 of the Code
6		of Criminal Procedure of 1963.
7		(11) Right to timely disposition of the case. A victim
8		has the right to timely disposition of the case so as to
9		minimize the stress, cost, and inconvenience resulting
10		from the victim's involvement in the case. Before ruling on
11		a motion to continue trial or other court proceeding, the
12		court shall inquire into the circumstances for the request
13		for the delay and, if the victim has provided written
14		notice of the assertion of the right to a timely
15		disposition, and whether the victim objects to the delay.
16		If the victim objects, the prosecutor shall inform the
17		court of the victim's objections. If the prosecutor has not
18		conferred with the victim about the continuance, the
19		prosecutor shall inform the court of the attempts to
20		confer. If the court finds the attempts of the prosecutor
21		to confer with the victim were inadequate to protect the
22		victim's right to be heard, the court shall give the
23		prosecutor at least 3 but not more than 5 business days to
24		confer with the victim. In ruling on a motion to continue,
25		the court shall consider the reasons for the requested
26		continuance, the number and length of continuances that

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1		have been granted, the victim's objections and procedures
2		to avoid further delays. If a continuance is granted over
3		the victim's objection, the court shall specify on the
4		record the reasons for the continuance and the procedures
5		that have been or will be taken to avoid further delays.
6		(12) Right to Restitution.
7		(A) If the victim has asserted the right to
8		restitution and the amount of restitution is known at
9		the time of sentencing, the court shall enter the
10		judgment of restitution at the time of sentencing.
11		(B) If the victim has asserted the right to
12		restitution and the amount of restitution is not known
13		at the time of sentencing, the prosecutor shall, within
14		5 days after sentencing, notify the victim what
15		information and documentation related to restitution
16		is needed and that the information and documentation
17		must be provided to the prosecutor within 45 days after
18		sentencing. Failure to timely provide information and
19		documentation related to restitution shall be deemed a
20		waiver of the right to restitution. The prosecutor
21		shall file and serve within 60 days after sentencing a
22		proposed judgment for restitution and a notice that
23		includes information concerning the identity of any
24		victims or other persons seeking restitution, whether
25		any victim or other person expressly declines
26		restitution, the nature and amount of any damages

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1		together with any supporting documentation, a
2		restitution amount recommendation, and the names of
3		any co-defendants and their case numbers. Within 30
4		days after receipt of the proposed judgment for
5		restitution, the defendant shall file any objection to
6		the proposed judgment, a statement of grounds for the
7		objection, and a financial statement. If the defendant
8		does not file an objection, the court may enter the
9		judgment for restitution without further proceedings.
10		If the defendant files an objection and either party
11		requests a hearing, the court shall schedule a hearing.
12		(13) Access to presentence reports.
13		(A) The victim may request a copy of the
14		presentence report prepared under the Unified Code of
15		Corrections from the State's Attorney. The State's
16		Attorney shall redact the following information before
17		providing a copy of the report:
18		(i) the defendant's mental history and
19		condition;
20		(ii) any evaluation prepared under subsection
21		(b) or (b-5) of Section 5-3-2; and
22		(iii) the name, address, phone number, and
23		other personal information about any other victim.
24		(B) The State's Attorney or the defendant may
25		request the court redact other information in the
26		report that may endanger the safety of any person.

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1		(C) The State's Attorney may orally disclose to the
2		victim any of the information that has been redacted if
3		there is a reasonable likelihood that the information
4		will be stated in court at the sentencing.
5		(D) The State's Attorney must advise the victim
6		that the victim must maintain the confidentiality of
7		the report and other information. Any dissemination of
8		the report or information that was not stated at a
9		court proceeding constitutes indirect criminal
10		contempt of court.
11		(14) Appellate relief. If the trial court denies the
12		relief requested, the victim, the victim's attorney, or the
13		prosecuting attorney may file an appeal within 30 days of
14		the trial court's ruling. The trial or appellate court may
15		stay the court proceedings if the court finds that a stay
16		would not violate a constitutional right of the defendant.
17		If the appellate court denies the relief sought, the
18		reasons for the denial shall be clearly stated in a written
19		opinion. In any appeal in a criminal case, the State may
20		assert as error the court's denial of any crime victim's
21		right in the proceeding to which the appeal relates.
22		(15) Limitation on appellate relief. In no case shall
23		an appellate court provide a new trial to remedy the
24		violation of a victim's right.
25		(16) The right to be reasonably protected from the
26		accused throughout the criminal justice process and the

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1		right to have the safety of the victim and the victim's
2		family considered in denying or fixing the amount of bail,
3		determining whether to release the defendant, and setting
4		conditions of release after arrest and conviction. A victim
5		of domestic violence, a sexual offense, or stalking may
6		request the entry of a protective order under Article 112A
7		of the Code of Criminal Procedure of 1963.
8		(d) Procedures after the imposition of sentence.
9		(1) The Prisoner Review Board shall inform a victim or
10		any other concerned citizen, upon written request, of the
11		prisoner's release on parole, mandatory supervised
12		release, electronic detention, work release, international
13		transfer or exchange, or by the custodian, other than the
14		Department of Juvenile Justice, of the discharge of any
15		individual who was adjudicated a delinquent for a crime
16		from State custody and by the sheriff of the appropriate
17		county of any such person's final discharge from county
18		custody. The Prisoner Review Board, upon written request,
19		shall provide to a victim or any other concerned citizen a
20		recent photograph of any person convicted of a felony, upon
21		his or her release from custody. The Prisoner Review Board,
22		upon written request, shall inform a victim or any other
23		concerned citizen when feasible at least 7 days prior to
24		the prisoner's release on furlough of the times and dates
25		of such furlough. Upon written request by the victim or any
26		other concerned citizen, the State's Attorney shall notify

HB3584 Enrolled - 21 - LRB101 08458 SLF 53534 b
1		the person once of the times and dates of release of a
2		prisoner sentenced to periodic imprisonment. Notification
3		shall be based on the most recent information as to
4		victim's or other concerned citizen's residence or other
5		location available to the notifying authority.
6		(2) When the defendant has been committed to the Department
7		of Human Services pursuant to Section 5-2-4 or any other
8		provision of the Unified Code of Corrections, the victim may
9		request to be notified by the releasing authority of the
10		approval by the court of an on-grounds pass, a supervised
11		off-grounds pass, an unsupervised off-grounds pass, or
12		conditional release; the release on an off-grounds pass; the
13		return from an off-grounds pass; transfer to another facility;
14		conditional release; escape; death; or final discharge from
15		State custody. The Department of Human Services shall establish
16		and maintain a statewide telephone number to be used by victims
17		to make notification requests under these provisions and shall
18		publicize this telephone number on its website and to the
19		State's Attorney of each county.
20		(3) In the event of an escape from State custody, the
21		Department of Corrections or the Department of Juvenile Justice
22		immediately shall notify the Prisoner Review Board of the
23		escape and the Prisoner Review Board shall notify the victim.
24		The notification shall be based upon the most recent
25		information as to the victim's residence or other location
26		available to the Board. When no such information is available,

HB3584 Enrolled - 22 - LRB101 08458 SLF 53534 b
1		the Board shall make all reasonable efforts to obtain the
2		information and make the notification. When the escapee is
3		apprehended, the Department of Corrections or the Department of
4		Juvenile Justice immediately shall notify the Prisoner Review
5		Board and the Board shall notify the victim.
6		(4) The victim of the crime for which the prisoner has been
7		sentenced has the right to register with the Prisoner Review
8		Board's victim registry. Victims registered with the Board
9		shall receive reasonable written notice not less than 30 days
10		prior to the parole hearing or target aftercare release date.
11		The victim has the right to submit a victim statement for
12		consideration by the Prisoner Review Board or the Department of
13		Juvenile Justice in writing, on film, videotape, or other
14		electronic means, or in the form of a recording prior to the
15		parole hearing or target aftercare release date, or in person
16		at the parole hearing or aftercare release protest hearing, or
17		by calling the toll-free number established in subsection (f)
18		of this Section. and may submit, in writing, on film, videotape
19		or other electronic means or in the form of a recording prior
20		to the parole hearing or target aftercare release date or in
21		person at the parole hearing or aftercare release protest
22		hearing or if a victim of a violent crime, by calling the
23		toll-free number established in subsection (f) of this Section,
24		information for consideration by the Prisoner Review Board or
25		Department of Juvenile Justice. The victim shall be notified
26		within 7 days after the prisoner has been granted parole or

HB3584 Enrolled - 23 - LRB101 08458 SLF 53534 b
1		aftercare release and shall be informed of the right to inspect
2		the registry of parole decisions, established under subsection
3		(g) of Section 3-3-5 of the Unified Code of Corrections. The
4		provisions of this paragraph (4) are subject to the Open Parole
5		Hearings Act. Victim statements provided to the Board shall be
6		confidential and privileged, including any statements received
7		prior to the effective date of this amendatory Act of the 101st
8		General Assembly, except if the statement was an oral statement
9		made by the victim at a hearing open to the public.
10		(4-1) The crime victim has the right to submit a victim
11		statement for consideration by the Prisoner Review Board or the
12		Department of Juvenile Justice prior to or at a hearing to
13		determine the conditions of mandatory supervised release of a
14		person sentenced to a determinate sentence or at a hearing on
15		revocation of mandatory supervised release of a person
16		sentenced to a determinate sentence. A victim statement may be
17		submitted in writing, on film, videotape, or other electronic
18		means, or in the form of a recording, or orally at a hearing,
19		or by calling the toll-free number established in subsection
20		(f) of this Section. Victim statements provided to the Board
21		shall be confidential and privileged, including any statements
22		received prior to the effective date of this amendatory Act of
23		the 101st General Assembly, except if the statement was an oral
24		statement made by the victim at a hearing open to the public.
25		(4-2) The crime victim has the right to submit a victim
26		statement to the Prisoner Review Board for consideration at an

HB3584 Enrolled - 24 - LRB101 08458 SLF 53534 b
1		executive clemency hearing as provided in Section 3-3-13 of the
2		Unified Code of Corrections. A victim statement may be
3		submitted in writing, on film, videotape, or other electronic
4		means, or in the form of a recording prior to a hearing, or
5		orally at a hearing, or by calling the toll-free number
6		established in subsection (f) of this Section. Victim
7		statements provided to the Board shall be confidential and
8		privileged, including any statements received prior to the
9		effective date of this amendatory Act of the 101st General
10		Assembly, except if the statement was an oral statement made by
11		the victim at a hearing open to the public.
12		(5) If a statement is presented under Section 6, the
13		Prisoner Review Board or Department of Juvenile Justice shall
14		inform the victim of any order of discharge pursuant to Section
15		3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
16		(6) At the written or oral request of the victim of the
17		crime for which the prisoner was sentenced or the State's
18		Attorney of the county where the person seeking parole or
19		aftercare release was prosecuted, the Prisoner Review Board or
20		Department of Juvenile Justice shall notify the victim and the
21		State's Attorney of the county where the person seeking parole
22		or aftercare release was prosecuted of the death of the
23		prisoner if the prisoner died while on parole or aftercare
24		release or mandatory supervised release.
25		(7) When a defendant who has been committed to the
26		Department of Corrections, the Department of Juvenile Justice,

HB3584 Enrolled - 25 - LRB101 08458 SLF 53534 b
1		or the Department of Human Services is released or discharged
2		and subsequently committed to the Department of Human Services
3		as a sexually violent person and the victim had requested to be
4		notified by the releasing authority of the defendant's
5		discharge, conditional release, death, or escape from State
6		custody, the releasing authority shall provide to the
7		Department of Human Services such information that would allow
8		the Department of Human Services to contact the victim.
9		(8) When a defendant has been convicted of a sex offense as
10		defined in Section 2 of the Sex Offender Registration Act and
11		has been sentenced to the Department of Corrections or the
12		Department of Juvenile Justice, the Prisoner Review Board or
13		the Department of Juvenile Justice shall notify the victim of
14		the sex offense of the prisoner's eligibility for release on
15		parole, aftercare release, mandatory supervised release,
16		electronic detention, work release, international transfer or
17		exchange, or by the custodian of the discharge of any
18		individual who was adjudicated a delinquent for a sex offense
19		from State custody and by the sheriff of the appropriate county
20		of any such person's final discharge from county custody. The
21		notification shall be made to the victim at least 30 days,
22		whenever possible, before release of the sex offender.
23		(e) The officials named in this Section may satisfy some or
24		all of their obligations to provide notices and other
25		information through participation in a statewide victim and
26		witness notification system established by the Attorney

HB3584 Enrolled - 26 - LRB101 08458 SLF 53534 b
1		General under Section 8.5 of this Act.
2		(f) The Prisoner Review To permit a crime victim of a
3		violent crime to provide information to the Prisoner Review
4		Board or the Department of Juvenile Justice for consideration
5		by the Board or Department at a parole hearing or before an
6		aftercare release decision of a person who committed the crime
7		against the victim in accordance with clause (d)(4) of this
8		Section or at a proceeding to determine the conditions of
9		mandatory supervised release of a person sentenced to a
10		determinate sentence or at a hearing on revocation of mandatory
11		supervised release of a person sentenced to a determinate
12		sentence, the Board shall establish a toll-free number that may
13		be accessed by the crime victim of a violent crime to present a
14		victim statement that information to the Board in accordance
15		with paragraphs (4), (4-1), and (4-2) of subsection (d).
16		(Source: P.A. 99-413, eff. 8-20-15; 99-628, eff. 1-1-17;
17		100-199, eff. 1-1-18; 100-961, eff. 1-1-19; revised 10-3-18.)
18		(725 ILCS 120/6) (from Ch. 38, par. 1406)
19		Sec. 6. Right to be heard at sentencing.
20		(a) A crime victim shall be allowed to present an oral or
21		written statement in any case in which a defendant has been
22		convicted of a violent crime or a juvenile has been adjudicated
23		delinquent for a violent crime after a bench or jury trial, or
24		a defendant who was charged with a violent crime and has been
25		convicted under a plea agreement of a crime that is not a

HB3584 Enrolled - 27 - LRB101 08458 SLF 53534 b
1		violent crime as defined in subsection (c) of Section 3 of this
2		Act. The court shall allow a victim to make an oral statement
3		if the victim is present in the courtroom and requests to make
4		an oral statement. An oral statement includes the victim or a
5		representative of the victim reading the written statement. The
6		court may allow persons impacted by the crime who are not
7		victims under subsection (a) of Section 3 of this Act to
8		present an oral or written statement. A victim and any person
9		making an oral statement shall not be put under oath or subject
10		to cross-examination. The court shall consider any statement
11		presented along with all other appropriate factors in
12		determining the sentence of the defendant or disposition of
13		such juvenile.
14		(a-1) In any case where a defendant has been convicted of a
15		violation of any statute, ordinance, or regulation relating to
16		the operation or use of motor vehicles, the use of streets and
17		highways by pedestrians or the operation of any other wheeled
18		or tracked vehicle, except parking violations, if the violation
19		resulted in great bodily harm or death, the person who suffered
20		great bodily harm, the injured person's representative, or the
21		representative of a deceased person shall be entitled to notice
22		of the sentencing hearing. "Representative" includes the
23		spouse, guardian, grandparent, or other immediate family or
24		household member of an injured or deceased person. The injured
25		person or his or her representative and a representative of the
26		deceased person shall have the right to address the court

HB3584 Enrolled - 28 - LRB101 08458 SLF 53534 b
1		regarding the impact that the defendant's criminal conduct has
2		had upon them. If more than one representative of an injured or
3		deceased person is present in the courtroom at the time of
4		sentencing, the court has discretion to permit one or more of
5		the representatives to present an oral impact statement. A
6		victim and any person making an oral statement shall not be put
7		under oath or subject to cross-examination. The court shall
8		consider any impact statement presented along with all other
9		appropriate factors in determining the sentence of the
10		defendant.
11		(a-5) A crime victim shall be allowed to present an oral
12		and written victim impact statement at a hearing ordered by the
13		court under the Mental Health and Developmental Disabilities
14		Code to determine if the defendant is: (1) in need of mental
15		health services on an inpatient basis; (2) in need of mental
16		health services on an outpatient basis; or (3) not in need of
17		mental health services, unless the defendant was under 18 years
18		of age at the time the offense was committed. The court shall
19		allow a victim to make an oral impact statement if the victim
20		is present in the courtroom and requests to make an oral
21		statement. An oral statement includes the victim or a
22		representative of the victim reading the written impact
23		statement. The court may allow persons impacted by the crime
24		who are not victims under subsection (a) of Section 3 of this
25		Act, to present an oral or written statement. A victim and any
26		person making an oral statement shall not be put under oath or

HB3584 Enrolled - 29 - LRB101 08458 SLF 53534 b
1		subject to cross-examination. The court may only consider the
2		impact statement along with all other appropriate factors in
3		determining the: (1) threat of serious physical harm posed
4		poised by the respondent to himself or herself, or to another
5		person; (2) location of inpatient or outpatient mental health
6		services ordered by the court, but only after complying with
7		all other applicable administrative, rule, and statutory
8		requirements; (3) maximum period of commitment for inpatient
9		mental health services; and (4) conditions of release for
10		outpatient mental health services ordered by the court.
11		(b) The crime victim has the right to prepare a victim
12		impact statement and present it to the Office of the State's
13		Attorney at any time during the proceedings. Any written victim
14		impact statement submitted to the Office of the State's
15		Attorney shall be considered by the court during its
16		consideration of aggravation and mitigation in plea
17		proceedings under Supreme Court Rule 402.
18		(b-5) The crime victim has the right to register with the
19		Prisoner Review Board's victim registry. The crime victim has
20		the right to submit a victim statement to the Board for
21		consideration at hearings as provided in Section 4.5. Victim
22		statements provided to the Board shall be confidential and
23		privileged, including any statements received prior to the
24		effective date of this amendatory Act of the 101st General
25		Assembly, except if the statement was an oral statement made by
26		the victim at a hearing open to the public.

HB3584 Enrolled - 30 - LRB101 08458 SLF 53534 b
1		(c) This Section shall apply to any victims during any
2		dispositional hearing under Section 5-705 of the Juvenile Court
3		Act of 1987 which takes place pursuant to an adjudication or
4		trial or plea of delinquency for any such offense.
5		(d) If any provision of this Section or its application to
6		any person or circumstance is held invalid, the invalidity of
7		that provision does not affect any other provision or
8		application of this Section that can be given effect without
9		the invalid provision or application.
10		(Source: P.A. 99-413, eff. 8-20-15; 100-961, eff. 1-1-19;
11		revised 10-3-18.)
12		Section 10. The Unified Code of Corrections is amended by
13		changing Sections 3-3-1, 3-3-2, 3-3-4, 3-3-9, 3-3-13,
14		5-4.5-20, 5-4.5-25, 5-4.5-30, and 5-8-1 and by renumbering and
15		changing Section 5-4.5-110 as added by Public Act 100-1182 as
16		follows:
17		(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
18		(Text of Section before amendment by P.A. 100-1182)
19		Sec. 3-3-1. Establishment and appointment of Prisoner
20		Review Board.
21		(a) There shall be a Prisoner Review Board independent of
22		the Department which shall be:
23		(1) the paroling authority for persons sentenced under
24		the law in effect prior to the effective date of this

HB3584 Enrolled - 31 - LRB101 08458 SLF 53534 b
1		amendatory Act of 1977;
2		(1.5) (blank);
3		(2) the board of review for cases involving the
4		revocation of sentence credits or a suspension or reduction
5		in the rate of accumulating the credit;
6		(3) the board of review and recommendation for the
7		exercise of executive clemency by the Governor;
8		(4) the authority for establishing release dates for
9		certain prisoners sentenced under the law in existence
10		prior to the effective date of this amendatory Act of 1977,
11		in accordance with Section 3-3-2.1 of this Code;
12		(5) the authority for setting conditions for parole and
13		mandatory supervised release under Section 5-8-1(a) of
14		this Code, and determining whether a violation of those
15		conditions warrant revocation of parole or mandatory
16		supervised release or the imposition of other sanctions;
17		and
18		(6) the authority for determining whether a violation
19		of aftercare release conditions warrant revocation of
20		aftercare release.
21		(b) The Board shall consist of 15 persons appointed by the
22		Governor by and with the advice and consent of the Senate. One
23		member of the Board shall be designated by the Governor to be
24		Chairman and shall serve as Chairman at the pleasure of the
25		Governor. The members of the Board shall have had at least 5
26		years of actual experience in the fields of penology,

HB3584 Enrolled - 32 - LRB101 08458 SLF 53534 b
1		corrections work, law enforcement, sociology, law, education,
2		social work, medicine, psychology, other behavioral sciences,
3		or a combination thereof. At least 6 members so appointed must
4		have had at least 3 years experience in the field of juvenile
5		matters. No more than 8 Board members may be members of the
6		same political party.
7		Each member of the Board shall serve on a full-time basis
8		and shall not hold any other salaried public office, whether
9		elective or appointive, nor any other office or position of
10		profit, nor engage in any other business, employment, or
11		vocation. The Chairman of the Board shall receive $35,000 a
12		year, or an amount set by the Compensation Review Board,
13		whichever is greater, and each other member $30,000, or an
14		amount set by the Compensation Review Board, whichever is
15		greater.
16		(c) Notwithstanding any other provision of this Section,
17		the term of each member of the Board who was appointed by the
18		Governor and is in office on June 30, 2003 shall terminate at
19		the close of business on that date or when all of the successor
20		members to be appointed pursuant to this amendatory Act of the
21		93rd General Assembly have been appointed by the Governor,
22		whichever occurs later. As soon as possible, the Governor shall
23		appoint persons to fill the vacancies created by this
24		amendatory Act.
25		Of the initial members appointed under this amendatory Act
26		of the 93rd General Assembly, the Governor shall appoint 5

HB3584 Enrolled - 33 - LRB101 08458 SLF 53534 b
1		members whose terms shall expire on the third Monday in January
2		2005, 5 members whose terms shall expire on the third Monday in
3		January 2007, and 5 members whose terms shall expire on the
4		third Monday in January 2009. Their respective successors shall
5		be appointed for terms of 6 years from the third Monday in
6		January of the year of appointment. Each member shall serve
7		until his or her successor is appointed and qualified.
8		Any member may be removed by the Governor for incompetence,
9		neglect of duty, malfeasance or inability to serve.
10		(d) The Chairman of the Board shall be its chief executive
11		and administrative officer. The Board may have an Executive
12		Director; if so, the Executive Director shall be appointed by
13		the Governor with the advice and consent of the Senate. The
14		salary and duties of the Executive Director shall be fixed by
15		the Board.
16		(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
17		(Text of Section after amendment by P.A. 100-1182)
18		Sec. 3-3-1. Establishment and appointment of Prisoner
19		Review Board.
20		(a) There shall be a Prisoner Review Board independent of
21		the Department which shall be:
22		(1) the paroling authority for persons sentenced under
23		the law in effect prior to the effective date of this
24		amendatory Act of 1977;
25		(1.2) the paroling authority for persons eligible for

HB3584 Enrolled - 34 - LRB101 08458 SLF 53534 b
1		parole review under Section 5-4.5-115 5-4.5-110;
2		(1.5) (blank);
3		(2) the board of review for cases involving the
4		revocation of sentence credits or a suspension or reduction
5		in the rate of accumulating the credit;
6		(3) the board of review and recommendation for the
7		exercise of executive clemency by the Governor;
8		(4) the authority for establishing release dates for
9		certain prisoners sentenced under the law in existence
10		prior to the effective date of this amendatory Act of 1977,
11		in accordance with Section 3-3-2.1 of this Code;
12		(5) the authority for setting conditions for parole and
13		mandatory supervised release under Section 5-8-1(a) of
14		this Code, and determining whether a violation of those
15		conditions warrant revocation of parole or mandatory
16		supervised release or the imposition of other sanctions;
17		and
18		(6) the authority for determining whether a violation
19		of aftercare release conditions warrant revocation of
20		aftercare release.
21		(b) The Board shall consist of 15 persons appointed by the
22		Governor by and with the advice and consent of the Senate. One
23		member of the Board shall be designated by the Governor to be
24		Chairman and shall serve as Chairman at the pleasure of the
25		Governor. The members of the Board shall have had at least 5
26		years of actual experience in the fields of penology,

HB3584 Enrolled - 35 - LRB101 08458 SLF 53534 b
1		corrections work, law enforcement, sociology, law, education,
2		social work, medicine, psychology, other behavioral sciences,
3		or a combination thereof. At least 6 members so appointed must
4		have at least 3 years experience in the field of juvenile
5		matters. No more than 8 Board members may be members of the
6		same political party.
7		Each member of the Board shall serve on a full-time basis
8		and shall not hold any other salaried public office, whether
9		elective or appointive, nor any other office or position of
10		profit, nor engage in any other business, employment, or
11		vocation. The Chairman of the Board shall receive $35,000 a
12		year, or an amount set by the Compensation Review Board,
13		whichever is greater, and each other member $30,000, or an
14		amount set by the Compensation Review Board, whichever is
15		greater.
16		(c) Notwithstanding any other provision of this Section,
17		the term of each member of the Board who was appointed by the
18		Governor and is in office on June 30, 2003 shall terminate at
19		the close of business on that date or when all of the successor
20		members to be appointed pursuant to this amendatory Act of the
21		93rd General Assembly have been appointed by the Governor,
22		whichever occurs later. As soon as possible, the Governor shall
23		appoint persons to fill the vacancies created by this
24		amendatory Act.
25		Of the initial members appointed under this amendatory Act
26		of the 93rd General Assembly, the Governor shall appoint 5

HB3584 Enrolled - 36 - LRB101 08458 SLF 53534 b
1		members whose terms shall expire on the third Monday in January
2		2005, 5 members whose terms shall expire on the third Monday in
3		January 2007, and 5 members whose terms shall expire on the
4		third Monday in January 2009. Their respective successors shall
5		be appointed for terms of 6 years from the third Monday in
6		January of the year of appointment. Each member shall serve
7		until his or her successor is appointed and qualified.
8		Any member may be removed by the Governor for incompetence,
9		neglect of duty, malfeasance or inability to serve.
10		(d) The Chairman of the Board shall be its chief executive
11		and administrative officer. The Board may have an Executive
12		Director; if so, the Executive Director shall be appointed by
13		the Governor with the advice and consent of the Senate. The
14		salary and duties of the Executive Director shall be fixed by
15		the Board.
16		(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19;
17		revised 4-3-19.)
18		(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
19		(Text of Section before amendment by P.A. 100-1182)
20		Sec. 3-3-2. Powers and duties.
21		(a) The Parole and Pardon Board is abolished and the term
22		"Parole and Pardon Board" as used in any law of Illinois, shall
23		read "Prisoner Review Board." After the effective date of this
24		amendatory Act of 1977, the Prisoner Review Board shall provide
25		by rule for the orderly transition of all files, records, and

HB3584 Enrolled - 37 - LRB101 08458 SLF 53534 b
1		documents of the Parole and Pardon Board and for such other
2		steps as may be necessary to effect an orderly transition and
3		shall:
4		(1) hear by at least one member and through a panel of
5		at least 3 members decide, cases of prisoners who were
6		sentenced under the law in effect prior to the effective
7		date of this amendatory Act of 1977, and who are eligible
8		for parole;
9		(2) hear by at least one member and through a panel of
10		at least 3 members decide, the conditions of parole and the
11		time of discharge from parole, impose sanctions for
12		violations of parole, and revoke parole for those sentenced
13		under the law in effect prior to this amendatory Act of
14		1977; provided that the decision to parole and the
15		conditions of parole for all prisoners who were sentenced
16		for first degree murder or who received a minimum sentence
17		of 20 years or more under the law in effect prior to
18		February 1, 1978 shall be determined by a majority vote of
19		the Prisoner Review Board. One representative supporting
20		parole and one representative opposing parole will be
21		allowed to speak. Their comments shall be limited to making
22		corrections and filling in omissions to the Board's
23		presentation and discussion;
24		(3) hear by at least one member and through a panel of
25		at least 3 members decide, the conditions of mandatory
26		supervised release and the time of discharge from mandatory

HB3584 Enrolled - 38 - LRB101 08458 SLF 53534 b
1		supervised release, impose sanctions for violations of
2		mandatory supervised release, and revoke mandatory
3		supervised release for those sentenced under the law in
4		effect after the effective date of this amendatory Act of
5		1977;
6		(3.5) hear by at least one member and through a panel
7		of at least 3 members decide, the conditions of mandatory
8		supervised release and the time of discharge from mandatory
9		supervised release, to impose sanctions for violations of
10		mandatory supervised release and revoke mandatory
11		supervised release for those serving extended supervised
12		release terms pursuant to paragraph (4) of subsection (d)
13		of Section 5-8-1;
14		(3.6) hear by at least one member and through a panel
15		of at least 3 members decide whether to revoke aftercare
16		release for those committed to the Department of Juvenile
17		Justice under the Juvenile Court Act of 1987;
18		(4) hear by at least one member and through a panel of
19		at least 3 members, decide cases brought by the Department
20		of Corrections against a prisoner in the custody of the
21		Department for alleged violation of Department rules with
22		respect to sentence credits under Section 3-6-3 of this
23		Code in which the Department seeks to revoke sentence
24		credits, if the amount of time at issue exceeds 30 days or
25		when, during any 12 month period, the cumulative amount of
26		credit revoked exceeds 30 days except where the infraction

HB3584 Enrolled - 39 - LRB101 08458 SLF 53534 b
1		is committed or discovered within 60 days of scheduled
2		release. In such cases, the Department of Corrections may
3		revoke up to 30 days of sentence credit. The Board may
4		subsequently approve the revocation of additional sentence
5		credit, if the Department seeks to revoke sentence credit
6		in excess of thirty days. However, the Board shall not be
7		empowered to review the Department's decision with respect
8		to the loss of 30 days of sentence credit for any prisoner
9		or to increase any penalty beyond the length requested by
10		the Department;
11		(5) hear by at least one member and through a panel of
12		at least 3 members decide, the release dates for certain
13		prisoners sentenced under the law in existence prior to the
14		effective date of this amendatory Act of 1977, in
15		accordance with Section 3-3-2.1 of this Code;
16		(6) hear by at least one member and through a panel of
17		at least 3 members decide, all requests for pardon,
18		reprieve or commutation, and make confidential
19		recommendations to the Governor;
20		(7) comply with the requirements of the Open Parole
21		Hearings Act;
22		(8) hear by at least one member and, through a panel of
23		at least 3 members, decide cases brought by the Department
24		of Corrections against a prisoner in the custody of the
25		Department for court dismissal of a frivolous lawsuit
26		pursuant to Section 3-6-3(d) of this Code in which the

HB3584 Enrolled - 40 - LRB101 08458 SLF 53534 b
1		Department seeks to revoke up to 180 days of sentence
2		credit, and if the prisoner has not accumulated 180 days of
3		sentence credit at the time of the dismissal, then all
4		sentence credit accumulated by the prisoner shall be
5		revoked;
6		(9) hear by at least 3 members, and, through a panel of
7		at least 3 members, decide whether to grant certificates of
8		relief from disabilities or certificates of good conduct as
9		provided in Article 5.5 of Chapter V;
10		(10) upon a petition by a person who has been convicted
11		of a Class 3 or Class 4 felony and who meets the
12		requirements of this paragraph, hear by at least 3 members
13		and, with the unanimous vote of a panel of 3 members, issue
14		a certificate of eligibility for sealing recommending that
15		the court order the sealing of all official records of the
16		arresting authority, the circuit court clerk, and the
17		Department of State Police concerning the arrest and
18		conviction for the Class 3 or 4 felony. A person may not
19		apply to the Board for a certificate of eligibility for
20		sealing:
21		(A) until 5 years have elapsed since the expiration
22		of his or her sentence;
23		(B) until 5 years have elapsed since any arrests or
24		detentions by a law enforcement officer for an alleged
25		violation of law, other than a petty offense, traffic
26		offense, conservation offense, or local ordinance

HB3584 Enrolled - 41 - LRB101 08458 SLF 53534 b
1		offense;
2		(C) if convicted of a violation of the Cannabis
3		Control Act, Illinois Controlled Substances Act, the
4		Methamphetamine Control and Community Protection Act,
5		the Methamphetamine Precursor Control Act, or the
6		Methamphetamine Precursor Tracking Act unless the
7		petitioner has completed a drug abuse program for the
8		offense on which sealing is sought and provides proof
9		that he or she has completed the program successfully;
10		(D) if convicted of:
11		(i) a sex offense described in Article 11 or
12		Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
13		the Criminal Code of 1961 or the Criminal Code of
14		2012;
15		(ii) aggravated assault;
16		(iii) aggravated battery;
17		(iv) domestic battery;
18		(v) aggravated domestic battery;
19		(vi) violation of an order of protection;
20		(vii) an offense under the Criminal Code of
21		1961 or the Criminal Code of 2012 involving a
22		firearm;
23		(viii) driving while under the influence of
24		alcohol, other drug or drugs, intoxicating
25		compound or compounds or any combination thereof;
26		(ix) aggravated driving while under the

HB3584 Enrolled - 42 - LRB101 08458 SLF 53534 b
1		influence of alcohol, other drug or drugs,
2		intoxicating compound or compounds or any
3		combination thereof; or
4		(x) any crime defined as a crime of violence
5		under Section 2 of the Crime Victims Compensation
6		Act.
7		If a person has applied to the Board for a certificate
8		of eligibility for sealing and the Board denies the
9		certificate, the person must wait at least 4 years before
10		filing again or filing for pardon from the Governor unless
11		the Chairman of the Prisoner Review Board grants a waiver.
12		The decision to issue or refrain from issuing a
13		certificate of eligibility for sealing shall be at the
14		Board's sole discretion, and shall not give rise to any
15		cause of action against either the Board or its members.
16		The Board may only authorize the sealing of Class 3 and
17		4 felony convictions of the petitioner from one information
18		or indictment under this paragraph (10). A petitioner may
19		only receive one certificate of eligibility for sealing
20		under this provision for life; and
21		(11) upon a petition by a person who after having been
22		convicted of a Class 3 or Class 4 felony thereafter served
23		in the United States Armed Forces or National Guard of this
24		or any other state and had received an honorable discharge
25		from the United States Armed Forces or National Guard or
26		who at the time of filing the petition is enlisted in the

HB3584 Enrolled - 43 - LRB101 08458 SLF 53534 b
1		United States Armed Forces or National Guard of this or any
2		other state and served one tour of duty and who meets the
3		requirements of this paragraph, hear by at least 3 members
4		and, with the unanimous vote of a panel of 3 members, issue
5		a certificate of eligibility for expungement recommending
6		that the court order the expungement of all official
7		records of the arresting authority, the circuit court
8		clerk, and the Department of State Police concerning the
9		arrest and conviction for the Class 3 or 4 felony. A person
10		may not apply to the Board for a certificate of eligibility
11		for expungement:
12		(A) if convicted of:
13		(i) a sex offense described in Article 11 or
14		Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
15		the Criminal Code of 1961 or Criminal Code of 2012;
16		(ii) an offense under the Criminal Code of 1961
17		or Criminal Code of 2012 involving a firearm; or
18		(iii) a crime of violence as defined in Section
19		2 of the Crime Victims Compensation Act; or
20		(B) if the person has not served in the United
21		States Armed Forces or National Guard of this or any
22		other state or has not received an honorable discharge
23		from the United States Armed Forces or National Guard
24		of this or any other state or who at the time of the
25		filing of the petition is serving in the United States
26		Armed Forces or National Guard of this or any other

HB3584 Enrolled - 44 - LRB101 08458 SLF 53534 b
1		state and has not completed one tour of duty.
2		If a person has applied to the Board for a certificate
3		of eligibility for expungement and the Board denies the
4		certificate, the person must wait at least 4 years before
5		filing again or filing for a pardon with authorization for
6		expungement from the Governor unless the Governor or
7		Chairman of the Prisoner Review Board grants a waiver.
8		(a-5) The Prisoner Review Board, with the cooperation of
9		and in coordination with the Department of Corrections and the
10		Department of Central Management Services, shall implement a
11		pilot project in 3 correctional institutions providing for the
12		conduct of hearings under paragraphs (1) and (4) of subsection
13		(a) of this Section through interactive video conferences. The
14		project shall be implemented within 6 months after the
15		effective date of this amendatory Act of 1996. Within 6 months
16		after the implementation of the pilot project, the Prisoner
17		Review Board, with the cooperation of and in coordination with
18		the Department of Corrections and the Department of Central
19		Management Services, shall report to the Governor and the
20		General Assembly regarding the use, costs, effectiveness, and
21		future viability of interactive video conferences for Prisoner
22		Review Board hearings.
23		(b) Upon recommendation of the Department the Board may
24		restore sentence credit previously revoked.
25		(c) The Board shall cooperate with the Department in
26		promoting an effective system of parole and mandatory

HB3584 Enrolled - 45 - LRB101 08458 SLF 53534 b
1		supervised release.
2		(d) The Board shall promulgate rules for the conduct of its
3		work, and the Chairman shall file a copy of such rules and any
4		amendments thereto with the Director and with the Secretary of
5		State.
6		(e) The Board shall keep records of all of its official
7		actions and shall make them accessible in accordance with law
8		and the rules of the Board.
9		(f) The Board or one who has allegedly violated the
10		conditions of his or her parole, aftercare release, or
11		mandatory supervised release may require by subpoena the
12		attendance and testimony of witnesses and the production of
13		documentary evidence relating to any matter under
14		investigation or hearing. The Chairman of the Board may sign
15		subpoenas which shall be served by any agent or public official
16		authorized by the Chairman of the Board, or by any person
17		lawfully authorized to serve a subpoena under the laws of the
18		State of Illinois. The attendance of witnesses, and the
19		production of documentary evidence, may be required from any
20		place in the State to a hearing location in the State before
21		the Chairman of the Board or his or her designated agent or
22		agents or any duly constituted Committee or Subcommittee of the
23		Board. Witnesses so summoned shall be paid the same fees and
24		mileage that are paid witnesses in the circuit courts of the
25		State, and witnesses whose depositions are taken and the
26		persons taking those depositions are each entitled to the same

HB3584 Enrolled - 46 - LRB101 08458 SLF 53534 b
1		fees as are paid for like services in actions in the circuit
2		courts of the State. Fees and mileage shall be vouchered for
3		payment when the witness is discharged from further attendance.
4		In case of disobedience to a subpoena, the Board may
5		petition any circuit court of the State for an order requiring
6		the attendance and testimony of witnesses or the production of
7		documentary evidence or both. A copy of such petition shall be
8		served by personal service or by registered or certified mail
9		upon the person who has failed to obey the subpoena, and such
10		person shall be advised in writing that a hearing upon the
11		petition will be requested in a court room to be designated in
12		such notice before the judge hearing motions or extraordinary
13		remedies at a specified time, on a specified date, not less
14		than 10 nor more than 15 days after the deposit of the copy of
15		the written notice and petition in the U.S. mails addressed to
16		the person at his last known address or after the personal
17		service of the copy of the notice and petition upon such
18		person. The court upon the filing of such a petition, may order
19		the person refusing to obey the subpoena to appear at an
20		investigation or hearing, or to there produce documentary
21		evidence, if so ordered, or to give evidence relative to the
22		subject matter of that investigation or hearing. Any failure to
23		obey such order of the circuit court may be punished by that
24		court as a contempt of court.
25		Each member of the Board and any hearing officer designated
26		by the Board shall have the power to administer oaths and to

HB3584 Enrolled - 47 - LRB101 08458 SLF 53534 b
1		take the testimony of persons under oath.
2		(g) Except under subsection (a) of this Section, a majority
3		of the members then appointed to the Prisoner Review Board
4		shall constitute a quorum for the transaction of all business
5		of the Board.
6		(h) The Prisoner Review Board shall annually transmit to
7		the Director a detailed report of its work for the preceding
8		calendar year. The annual report shall also be transmitted to
9		the Governor for submission to the Legislature.
10		(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14;
11		98-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
12		(Text of Section after amendment by P.A. 100-1182)
13		Sec. 3-3-2. Powers and duties.
14		(a) The Parole and Pardon Board is abolished and the term
15		"Parole and Pardon Board" as used in any law of Illinois, shall
16		read "Prisoner Review Board." After the effective date of this
17		amendatory Act of 1977, the Prisoner Review Board shall provide
18		by rule for the orderly transition of all files, records, and
19		documents of the Parole and Pardon Board and for such other
20		steps as may be necessary to effect an orderly transition and
21		shall:
22		(1) hear by at least one member and through a panel of
23		at least 3 members decide, cases of prisoners who were
24		sentenced under the law in effect prior to the effective
25		date of this amendatory Act of 1977, and who are eligible

HB3584 Enrolled - 48 - LRB101 08458 SLF 53534 b
1		for parole;
2		(2) hear by at least one member and through a panel of
3		at least 3 members decide, the conditions of parole and the
4		time of discharge from parole, impose sanctions for
5		violations of parole, and revoke parole for those sentenced
6		under the law in effect prior to this amendatory Act of
7		1977; provided that the decision to parole and the
8		conditions of parole for all prisoners who were sentenced
9		for first degree murder or who received a minimum sentence
10		of 20 years or more under the law in effect prior to
11		February 1, 1978 shall be determined by a majority vote of
12		the Prisoner Review Board. One representative supporting
13		parole and one representative opposing parole will be
14		allowed to speak. Their comments shall be limited to making
15		corrections and filling in omissions to the Board's
16		presentation and discussion;
17		(3) hear by at least one member and through a panel of
18		at least 3 members decide, the conditions of mandatory
19		supervised release and the time of discharge from mandatory
20		supervised release, impose sanctions for violations of
21		mandatory supervised release, and revoke mandatory
22		supervised release for those sentenced under the law in
23		effect after the effective date of this amendatory Act of
24		1977;
25		(3.5) hear by at least one member and through a panel
26		of at least 3 members decide, the conditions of mandatory

HB3584 Enrolled - 49 - LRB101 08458 SLF 53534 b
1		supervised release and the time of discharge from mandatory
2		supervised release, to impose sanctions for violations of
3		mandatory supervised release and revoke mandatory
4		supervised release for those serving extended supervised
5		release terms pursuant to paragraph (4) of subsection (d)
6		of Section 5-8-1;
7		(3.6) hear by at least one member and through a panel
8		of at least 3 members decide whether to revoke aftercare
9		release for those committed to the Department of Juvenile
10		Justice under the Juvenile Court Act of 1987;
11		(4) hear by at least one member and through a panel of
12		at least 3 members, decide cases brought by the Department
13		of Corrections against a prisoner in the custody of the
14		Department for alleged violation of Department rules with
15		respect to sentence credits under Section 3-6-3 of this
16		Code in which the Department seeks to revoke sentence
17		credits, if the amount of time at issue exceeds 30 days or
18		when, during any 12 month period, the cumulative amount of
19		credit revoked exceeds 30 days except where the infraction
20		is committed or discovered within 60 days of scheduled
21		release. In such cases, the Department of Corrections may
22		revoke up to 30 days of sentence credit. The Board may
23		subsequently approve the revocation of additional sentence
24		credit, if the Department seeks to revoke sentence credit
25		in excess of thirty days. However, the Board shall not be
26		empowered to review the Department's decision with respect

HB3584 Enrolled - 50 - LRB101 08458 SLF 53534 b
1		to the loss of 30 days of sentence credit for any prisoner
2		or to increase any penalty beyond the length requested by
3		the Department;
4		(5) hear by at least one member and through a panel of
5		at least 3 members decide, the release dates for certain
6		prisoners sentenced under the law in existence prior to the
7		effective date of this amendatory Act of 1977, in
8		accordance with Section 3-3-2.1 of this Code;
9		(6) hear by at least one member and through a panel of
10		at least 3 members decide, all requests for pardon,
11		reprieve or commutation, and make confidential
12		recommendations to the Governor;
13		(6.5) hear by at least one member who is qualified in
14		the field of juvenile matters and through a panel of at
15		least 3 members, 2 of whom are qualified in the field of
16		juvenile matters, decide parole review cases in accordance
17		with Section 5-4.5-115 5-4.5-110 of this Code and make
18		release determinations of persons under the age of 21 at
19		the time of the commission of an offense or offenses, other
20		than those persons serving sentences for first degree
21		murder or aggravated criminal sexual assault;
22		(6.6) hear by at least a quorum of the Prisoner Review
23		Board and decide by a majority of members present at the
24		hearing, in accordance with Section 5-4.5-115 5-4.5-110 of
25		this Code, release determinations of persons under the age
26		of 21 at the time of the commission of an offense or

HB3584 Enrolled - 51 - LRB101 08458 SLF 53534 b
1		offenses of those persons serving sentences for first
2		degree murder or aggravated criminal sexual assault;
3		(7) comply with the requirements of the Open Parole
4		Hearings Act;
5		(8) hear by at least one member and, through a panel of
6		at least 3 members, decide cases brought by the Department
7		of Corrections against a prisoner in the custody of the
8		Department for court dismissal of a frivolous lawsuit
9		pursuant to Section 3-6-3(d) of this Code in which the
10		Department seeks to revoke up to 180 days of sentence
11		credit, and if the prisoner has not accumulated 180 days of
12		sentence credit at the time of the dismissal, then all
13		sentence credit accumulated by the prisoner shall be
14		revoked;
15		(9) hear by at least 3 members, and, through a panel of
16		at least 3 members, decide whether to grant certificates of
17		relief from disabilities or certificates of good conduct as
18		provided in Article 5.5 of Chapter V;
19		(10) upon a petition by a person who has been convicted
20		of a Class 3 or Class 4 felony and who meets the
21		requirements of this paragraph, hear by at least 3 members
22		and, with the unanimous vote of a panel of 3 members, issue
23		a certificate of eligibility for sealing recommending that
24		the court order the sealing of all official records of the
25		arresting authority, the circuit court clerk, and the
26		Department of State Police concerning the arrest and

HB3584 Enrolled - 52 - LRB101 08458 SLF 53534 b
1		conviction for the Class 3 or 4 felony. A person may not
2		apply to the Board for a certificate of eligibility for
3		sealing:
4		(A) until 5 years have elapsed since the expiration
5		of his or her sentence;
6		(B) until 5 years have elapsed since any arrests or
7		detentions by a law enforcement officer for an alleged
8		violation of law, other than a petty offense, traffic
9		offense, conservation offense, or local ordinance
10		offense;
11		(C) if convicted of a violation of the Cannabis
12		Control Act, Illinois Controlled Substances Act, the
13		Methamphetamine Control and Community Protection Act,
14		the Methamphetamine Precursor Control Act, or the
15		Methamphetamine Precursor Tracking Act unless the
16		petitioner has completed a drug abuse program for the
17		offense on which sealing is sought and provides proof
18		that he or she has completed the program successfully;
19		(D) if convicted of:
20		(i) a sex offense described in Article 11 or
21		Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
22		the Criminal Code of 1961 or the Criminal Code of
23		2012;
24		(ii) aggravated assault;
25		(iii) aggravated battery;
26		(iv) domestic battery;

HB3584 Enrolled - 53 - LRB101 08458 SLF 53534 b
1		(v) aggravated domestic battery;
2		(vi) violation of an order of protection;
3		(vii) an offense under the Criminal Code of
4		1961 or the Criminal Code of 2012 involving a
5		firearm;
6		(viii) driving while under the influence of
7		alcohol, other drug or drugs, intoxicating
8		compound or compounds or any combination thereof;
9		(ix) aggravated driving while under the
10		influence of alcohol, other drug or drugs,
11		intoxicating compound or compounds or any
12		combination thereof; or
13		(x) any crime defined as a crime of violence
14		under Section 2 of the Crime Victims Compensation
15		Act.
16		If a person has applied to the Board for a certificate
17		of eligibility for sealing and the Board denies the
18		certificate, the person must wait at least 4 years before
19		filing again or filing for pardon from the Governor unless
20		the Chairman of the Prisoner Review Board grants a waiver.
21		The decision to issue or refrain from issuing a
22		certificate of eligibility for sealing shall be at the
23		Board's sole discretion, and shall not give rise to any
24		cause of action against either the Board or its members.
25		The Board may only authorize the sealing of Class 3 and
26		4 felony convictions of the petitioner from one information

HB3584 Enrolled - 54 - LRB101 08458 SLF 53534 b
1		or indictment under this paragraph (10). A petitioner may
2		only receive one certificate of eligibility for sealing
3		under this provision for life; and
4		(11) upon a petition by a person who after having been
5		convicted of a Class 3 or Class 4 felony thereafter served
6		in the United States Armed Forces or National Guard of this
7		or any other state and had received an honorable discharge
8		from the United States Armed Forces or National Guard or
9		who at the time of filing the petition is enlisted in the
10		United States Armed Forces or National Guard of this or any
11		other state and served one tour of duty and who meets the
12		requirements of this paragraph, hear by at least 3 members
13		and, with the unanimous vote of a panel of 3 members, issue
14		a certificate of eligibility for expungement recommending
15		that the court order the expungement of all official
16		records of the arresting authority, the circuit court
17		clerk, and the Department of State Police concerning the
18		arrest and conviction for the Class 3 or 4 felony. A person
19		may not apply to the Board for a certificate of eligibility
20		for expungement:
21		(A) if convicted of:
22		(i) a sex offense described in Article 11 or
23		Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
24		the Criminal Code of 1961 or Criminal Code of 2012;
25		(ii) an offense under the Criminal Code of 1961
26		or Criminal Code of 2012 involving a firearm; or

HB3584 Enrolled - 55 - LRB101 08458 SLF 53534 b
1		(iii) a crime of violence as defined in Section
2		2 of the Crime Victims Compensation Act; or
3		(B) if the person has not served in the United
4		States Armed Forces or National Guard of this or any
5		other state or has not received an honorable discharge
6		from the United States Armed Forces or National Guard
7		of this or any other state or who at the time of the
8		filing of the petition is serving in the United States
9		Armed Forces or National Guard of this or any other
10		state and has not completed one tour of duty.
11		If a person has applied to the Board for a certificate
12		of eligibility for expungement and the Board denies the
13		certificate, the person must wait at least 4 years before
14		filing again or filing for a pardon with authorization for
15		expungement from the Governor unless the Governor or
16		Chairman of the Prisoner Review Board grants a waiver.
17		(a-5) The Prisoner Review Board, with the cooperation of
18		and in coordination with the Department of Corrections and the
19		Department of Central Management Services, shall implement a
20		pilot project in 3 correctional institutions providing for the
21		conduct of hearings under paragraphs (1) and (4) of subsection
22		(a) of this Section through interactive video conferences. The
23		project shall be implemented within 6 months after the
24		effective date of this amendatory Act of 1996. Within 6 months
25		after the implementation of the pilot project, the Prisoner
26		Review Board, with the cooperation of and in coordination with

HB3584 Enrolled - 56 - LRB101 08458 SLF 53534 b
1		the Department of Corrections and the Department of Central
2		Management Services, shall report to the Governor and the
3		General Assembly regarding the use, costs, effectiveness, and
4		future viability of interactive video conferences for Prisoner
5		Review Board hearings.
6		(b) Upon recommendation of the Department the Board may
7		restore sentence credit previously revoked.
8		(c) The Board shall cooperate with the Department in
9		promoting an effective system of parole and mandatory
10		supervised release.
11		(d) The Board shall promulgate rules for the conduct of its
12		work, and the Chairman shall file a copy of such rules and any
13		amendments thereto with the Director and with the Secretary of
14		State.
15		(e) The Board shall keep records of all of its official
16		actions and shall make them accessible in accordance with law
17		and the rules of the Board.
18		(f) The Board or one who has allegedly violated the
19		conditions of his or her parole, aftercare release, or
20		mandatory supervised release may require by subpoena the
21		attendance and testimony of witnesses and the production of
22		documentary evidence relating to any matter under
23		investigation or hearing. The Chairman of the Board may sign
24		subpoenas which shall be served by any agent or public official
25		authorized by the Chairman of the Board, or by any person
26		lawfully authorized to serve a subpoena under the laws of the

HB3584 Enrolled - 57 - LRB101 08458 SLF 53534 b
1		State of Illinois. The attendance of witnesses, and the
2		production of documentary evidence, may be required from any
3		place in the State to a hearing location in the State before
4		the Chairman of the Board or his or her designated agent or
5		agents or any duly constituted Committee or Subcommittee of the
6		Board. Witnesses so summoned shall be paid the same fees and
7		mileage that are paid witnesses in the circuit courts of the
8		State, and witnesses whose depositions are taken and the
9		persons taking those depositions are each entitled to the same
10		fees as are paid for like services in actions in the circuit
11		courts of the State. Fees and mileage shall be vouchered for
12		payment when the witness is discharged from further attendance.
13		In case of disobedience to a subpoena, the Board may
14		petition any circuit court of the State for an order requiring
15		the attendance and testimony of witnesses or the production of
16		documentary evidence or both. A copy of such petition shall be
17		served by personal service or by registered or certified mail
18		upon the person who has failed to obey the subpoena, and such
19		person shall be advised in writing that a hearing upon the
20		petition will be requested in a court room to be designated in
21		such notice before the judge hearing motions or extraordinary
22		remedies at a specified time, on a specified date, not less
23		than 10 nor more than 15 days after the deposit of the copy of
24		the written notice and petition in the U.S. mails addressed to
25		the person at his last known address or after the personal
26		service of the copy of the notice and petition upon such

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1		person. The court upon the filing of such a petition, may order
2		the person refusing to obey the subpoena to appear at an
3		investigation or hearing, or to there produce documentary
4		evidence, if so ordered, or to give evidence relative to the
5		subject matter of that investigation or hearing. Any failure to
6		obey such order of the circuit court may be punished by that
7		court as a contempt of court.
8		Each member of the Board and any hearing officer designated
9		by the Board shall have the power to administer oaths and to
10		take the testimony of persons under oath.
11		(g) Except under subsection (a) of this Section, a majority
12		of the members then appointed to the Prisoner Review Board
13		shall constitute a quorum for the transaction of all business
14		of the Board.
15		(h) The Prisoner Review Board shall annually transmit to
16		the Director a detailed report of its work for the preceding
17		calendar year. The annual report shall also be transmitted to
18		the Governor for submission to the Legislature.
19		(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19;
20		revised 4-3-19.)
21		(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
22		Sec. 3-3-4. Preparation for parole hearing.
23		(a) The Prisoner Review Board shall consider the parole of
24		each eligible person committed to the Department of Corrections
25		at least 30 days prior to the date he or she shall first become

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1		eligible for parole.
2		(b) A person eligible for parole shall, no less than 15
3		days in advance of his or her parole interview, prepare a
4		parole plan in accordance with the rules of the Prisoner Review
5		Board. The person shall be assisted in preparing his or her
6		parole plan by personnel of the Department of Corrections, and
7		may, for this purpose, be released on furlough under Article
8		11. The Department shall also provide assistance in obtaining
9		information and records helpful to the individual for his or
10		her parole hearing. If the person eligible for parole has a
11		petition or any written submissions prepared on his or her
12		behalf by an attorney or other representative, the attorney or
13		representative for the person eligible for parole must serve by
14		certified mail the State's Attorney of the county where he or
15		she was prosecuted with the petition or any written submissions
16		15 days after his or her parole interview. The State's Attorney
17		shall provide the attorney for the person eligible for parole
18		with a copy of his or her letter in opposition to parole via
19		certified mail within 5 business days of the en banc hearing.
20		(c) Any member of the Board shall have access at all
21		reasonable times to any committed person and to his or her
22		master record file within the Department, and the Department
23		shall furnish such a report to the Board concerning the conduct
24		and character of any such person prior to his or her parole
25		interview.
26		(d) In making its determination of parole, the Board shall

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1		consider:
2		(1) (blank);
3		(2) the report under Section 3-8-2 or 3-10-2;
4		(3) a report by the Department and any report by the
5		chief administrative officer of the institution or
6		facility;
7		(4) a parole progress report;
8		(5) a medical and psychological report, if requested by
9		the Board;
10		(6) material in writing, or on film, video tape or
11		other electronic means in the form of a recording submitted
12		by the person whose parole is being considered;
13		(7) material in writing, or on film, video tape or
14		other electronic means in the form of a recording or
15		testimony submitted by the State's Attorney and the victim
16		or a concerned citizen pursuant to the Rights of Crime
17		Victims and Witnesses Act; and
18		(8) the person's eligibility for commitment under the
19		Sexually Violent Persons Commitment Act.
20		(e) The prosecuting State's Attorney's office shall
21		receive from the Board reasonable written notice not less than
22		30 days prior to the parole interview and may submit relevant
23		information by oral argument or testimony of victims and
24		concerned citizens, or both, in writing, or on film, video tape
25		or other electronic means or in the form of a recording to the
26		Board for its consideration. Upon written request of the

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1		State's Attorney's office, the Prisoner Review Board shall hear
2		protests to parole, except in counties of 1,500,000 or more
3		inhabitants where there shall be standing objections to all
4		such petitions. If a State's Attorney who represents a county
5		of less than 1,500,000 inhabitants requests a protest hearing,
6		the inmate's counsel or other representative shall also receive
7		notice of such request. This hearing shall take place the month
8		following the inmate's parole interview. If the inmate's parole
9		interview is rescheduled then the Prisoner Review Board shall
10		promptly notify the State's Attorney of the new date. The
11		person eligible for parole shall be heard at the next scheduled
12		en banc hearing date. If the case is to be continued, the
13		State's Attorney's office and the attorney or representative
14		for the person eligible for parole will be notified of any
15		continuance within 5 business days. The State's Attorney may
16		waive the written notice.
17		(f) The victim of the violent crime for which the prisoner
18		has been sentenced shall receive notice of a parole hearing as
19		provided in paragraph (4) of subsection (d) of Section 4.5 of
20		the Rights of Crime Victims and Witnesses Act.
21		(g) Any recording considered under the provisions of
22		subsection (d)(6), (d)(7) or (e) of this Section shall be in
23		the form designated by the Board. Such recording shall be both
24		visual and aural. Every voice on the recording and person
25		present shall be identified and the recording shall contain
26		either a visual or aural statement of the person submitting

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1		such recording, the date of the recording and the name of the
2		person whose parole eligibility is being considered. Such
3		recordings shall be retained by the Board and shall be deemed
4		to be submitted at any subsequent parole hearing if the victim
5		or State's Attorney submits in writing a declaration clearly
6		identifying such recording as representing the present
7		position of the victim or State's Attorney regarding the issues
8		to be considered at the parole hearing.
9		(h) The Board shall not release any material to the inmate,
10		the inmate's attorney, any third party, or any other person
11		containing any information from a the victim or from a person
12		related to the victim by blood, adoption, or marriage who has
13		written objections, testified at any hearing, or submitted
14		audio or visual objections to the inmate's parole, unless
15		provided with a waiver from that victim objecting party. Victim
16		statements provided to the Board shall be confidential and
17		privileged, including any statements received prior to the
18		effective date of this amendatory Act of the 101st General
19		Assembly, except if the statement was an oral statement made by
20		the victim at a hearing open to the public. The Board shall not
21		release the names or addresses of any person on its victim
22		registry to any other person except the victim, a law
23		enforcement agency, or other victim notification system.
24		(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
25		98-717, eff. 1-1-15; 99-628, eff. 1-1-17.)

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1		(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
2		(Text of Section before amendment by P.A. 100-1182)
3		Sec. 3-3-9. Violations; changes of conditions; preliminary
4		hearing; revocation of parole or mandatory supervised release;
5		revocation hearing.
6		(a) If prior to expiration or termination of the term of
7		parole or mandatory supervised release, a person violates a
8		condition set by the Prisoner Review Board or a condition of
9		parole or mandatory supervised release under Section 3-3-7 of
10		this Code to govern that term, the Board may:
11		(1) continue the existing term, with or without
12		modifying or enlarging the conditions; or
13		(2) parole or release the person to a half-way house;
14		or
15		(3) revoke the parole or mandatory supervised release
16		and reconfine the person for a term computed in the
17		following manner:
18		(i) (A) For those sentenced under the law in effect
19		prior to this amendatory Act of 1977, the recommitment
20		shall be for any portion of the imposed maximum term of
21		imprisonment or confinement which had not been served
22		at the time of parole and the parole term, less the
23		time elapsed between the parole of the person and the
24		commission of the violation for which parole was
25		revoked;
26		(B) Except as set forth in paragraph (C), for those

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1		subject to mandatory supervised release under
2		paragraph (d) of Section 5-8-1 of this Code, the
3		recommitment shall be for the total mandatory
4		supervised release term, less the time elapsed between
5		the release of the person and the commission of the
6		violation for which mandatory supervised release is
7		revoked. The Board may also order that a prisoner serve
8		up to one year of the sentence imposed by the court
9		which was not served due to the accumulation of
10		sentence credit;
11		(C) For those subject to sex offender supervision
12		under clause (d)(4) of Section 5-8-1 of this Code, the
13		reconfinement period for violations of clauses (a)(3)
14		through (b-1)(15) of Section 3-3-7 shall not exceed 2
15		years from the date of reconfinement;
16		(ii) the person shall be given credit against
17		the term of reimprisonment or reconfinement for
18		time spent in custody since he or she was paroled
19		or released which has not been credited against
20		another sentence or period of confinement;
21		(iii) (blank);
22		(iv) this Section is subject to the release
23		under supervision and the reparole and rerelease
24		provisions of Section 3-3-10.
25		(b) The Board may revoke parole or mandatory supervised
26		release for violation of a condition for the duration of the

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1		term and for any further period which is reasonably necessary
2		for the adjudication of matters arising before its expiration.
3		The issuance of a warrant of arrest for an alleged violation of
4		the conditions of parole or mandatory supervised release shall
5		toll the running of the term until the final determination of
6		the charge. When parole or mandatory supervised release is not
7		revoked that period shall be credited to the term, unless a
8		community-based sanction is imposed as an alternative to
9		revocation and reincarceration, including a diversion
10		established by the Illinois Department of Corrections Parole
11		Services Unit prior to the holding of a preliminary parole
12		revocation hearing. Parolees who are diverted to a
13		community-based sanction shall serve the entire term of parole
14		or mandatory supervised release, if otherwise appropriate.
15		(b-5) The Board shall revoke parole or mandatory supervised
16		release for violation of the conditions prescribed in paragraph
17		(7.6) of subsection (a) of Section 3-3-7.
18		(c) A person charged with violating a condition of parole
19		or mandatory supervised release shall have a preliminary
20		hearing before a hearing officer designated by the Board to
21		determine if there is cause to hold the person for a revocation
22		hearing. However, no preliminary hearing need be held when
23		revocation is based upon new criminal charges and a court finds
24		probable cause on the new criminal charges or when the
25		revocation is based upon a new criminal conviction and a
26		certified copy of that conviction is available.

HB3584 Enrolled - 66 - LRB101 08458 SLF 53534 b
1		(d) Parole or mandatory supervised release shall not be
2		revoked without written notice to the offender setting forth
3		the violation of parole or mandatory supervised release charged
4		against him or her.
5		(e) A hearing on revocation shall be conducted before at
6		least one member of the Prisoner Review Board. The Board may
7		meet and order its actions in panels of 3 or more members. The
8		action of a majority of the panel shall be the action of the
9		Board. A record of the hearing shall be made. At the hearing
10		the offender shall be permitted to:
11		(1) appear and answer the charge; and
12		(2) bring witnesses on his or her behalf.
13		(f) The Board shall either revoke parole or mandatory
14		supervised release or order the person's term continued with or
15		without modification or enlargement of the conditions.
16		(g) Parole or mandatory supervised release shall not be
17		revoked for failure to make payments under the conditions of
18		parole or release unless the Board determines that such failure
19		is due to the offender's willful refusal to pay.
20		(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
21		99-628, eff. 1-1-17.)
22		(Text of Section after amendment by P.A. 100-1182)
23		Sec. 3-3-9. Violations; changes of conditions; preliminary
24		hearing; revocation of parole or mandatory supervised release;
25		revocation hearing.

HB3584 Enrolled - 67 - LRB101 08458 SLF 53534 b
1		(a) If prior to expiration or termination of the term of
2		parole or mandatory supervised release, a person violates a
3		condition set by the Prisoner Review Board or a condition of
4		parole or mandatory supervised release under Section 3-3-7 of
5		this Code to govern that term, the Board may:
6		(1) continue the existing term, with or without
7		modifying or enlarging the conditions; or
8		(1.5) for those released as a result of youthful
9		offender parole as set forth in Section 5-4.5-115 5-4.5-110
10		of this Code, order that the inmate be subsequently
11		rereleased to serve a specified mandatory supervised
12		release term not to exceed the full term permitted under
13		the provisions of Section 5-4.5-115 5-4.5-110 and
14		subsection (d) of Section 5-8-1 of this Code and may modify
15		or enlarge the conditions of the release as the Board deems
16		proper; or
17		(2) parole or release the person to a half-way house;
18		or
19		(3) revoke the parole or mandatory supervised release
20		and reconfine the person for a term computed in the
21		following manner:
22		(i) (A) For those sentenced under the law in effect
23		prior to this amendatory Act of 1977, the recommitment
24		shall be for any portion of the imposed maximum term of
25		imprisonment or confinement which had not been served
26		at the time of parole and the parole term, less the

HB3584 Enrolled - 68 - LRB101 08458 SLF 53534 b
1		time elapsed between the parole of the person and the
2		commission of the violation for which parole was
3		revoked;
4		(B) Except as set forth in paragraphs (C) and (D),
5		for those subject to mandatory supervised release
6		under paragraph (d) of Section 5-8-1 of this Code, the
7		recommitment shall be for the total mandatory
8		supervised release term, less the time elapsed between
9		the release of the person and the commission of the
10		violation for which mandatory supervised release is
11		revoked. The Board may also order that a prisoner serve
12		up to one year of the sentence imposed by the court
13		which was not served due to the accumulation of
14		sentence credit;
15		(C) For those subject to sex offender supervision
16		under clause (d)(4) of Section 5-8-1 of this Code, the
17		reconfinement period for violations of clauses (a)(3)
18		through (b-1)(15) of Section 3-3-7 shall not exceed 2
19		years from the date of reconfinement;
20		(D) For those released as a result of youthful
21		offender parole as set forth in Section 5-4.5-115
22		5-4.5-110 of this Code, the reconfinement period shall
23		be for the total mandatory supervised release term,
24		less the time elapsed between the release of the person
25		and the commission of the violation for which mandatory
26		supervised release is revoked. The Board may also order

HB3584 Enrolled - 69 - LRB101 08458 SLF 53534 b
1		that a prisoner serve up to one year of the mandatory
2		supervised release term previously earned. The Board
3		may also order that the inmate be subsequently
4		rereleased to serve a specified mandatory supervised
5		release term not to exceed the full term permitted
6		under the provisions of Section 5-4.5-115 5-4.5-110
7		and subsection (d) of Section 5-8-1 of this Code and
8		may modify or enlarge the conditions of the release as
9		the Board deems proper;
10		(ii) the person shall be given credit against the
11		term of reimprisonment or reconfinement for time spent
12		in custody since he or she was paroled or released
13		which has not been credited against another sentence or
14		period of confinement;
15		(iii) (blank);
16		(iv) this Section is subject to the release under
17		supervision and the reparole and rerelease provisions
18		of Section 3-3-10.
19		(b) The Board may revoke parole or mandatory supervised
20		release for violation of a condition for the duration of the
21		term and for any further period which is reasonably necessary
22		for the adjudication of matters arising before its expiration.
23		The issuance of a warrant of arrest for an alleged violation of
24		the conditions of parole or mandatory supervised release shall
25		toll the running of the term until the final determination of
26		the charge. When parole or mandatory supervised release is not

HB3584 Enrolled - 70 - LRB101 08458 SLF 53534 b
1		revoked that period shall be credited to the term, unless a
2		community-based sanction is imposed as an alternative to
3		revocation and reincarceration, including a diversion
4		established by the Illinois Department of Corrections Parole
5		Services Unit prior to the holding of a preliminary parole
6		revocation hearing. Parolees who are diverted to a
7		community-based sanction shall serve the entire term of parole
8		or mandatory supervised release, if otherwise appropriate.
9		(b-5) The Board shall revoke parole or mandatory supervised
10		release for violation of the conditions prescribed in paragraph
11		(7.6) of subsection (a) of Section 3-3-7.
12		(c) A person charged with violating a condition of parole
13		or mandatory supervised release shall have a preliminary
14		hearing before a hearing officer designated by the Board to
15		determine if there is cause to hold the person for a revocation
16		hearing. However, no preliminary hearing need be held when
17		revocation is based upon new criminal charges and a court finds
18		probable cause on the new criminal charges or when the
19		revocation is based upon a new criminal conviction and a
20		certified copy of that conviction is available.
21		(d) Parole or mandatory supervised release shall not be
22		revoked without written notice to the offender setting forth
23		the violation of parole or mandatory supervised release charged
24		against him or her.
25		(e) A hearing on revocation shall be conducted before at
26		least one member of the Prisoner Review Board. The Board may

HB3584 Enrolled - 71 - LRB101 08458 SLF 53534 b
1		meet and order its actions in panels of 3 or more members. The
2		action of a majority of the panel shall be the action of the
3		Board. A record of the hearing shall be made. At the hearing
4		the offender shall be permitted to:
5		(1) appear and answer the charge; and
6		(2) bring witnesses on his or her behalf.
7		(f) The Board shall either revoke parole or mandatory
8		supervised release or order the person's term continued with or
9		without modification or enlargement of the conditions.
10		(g) Parole or mandatory supervised release shall not be
11		revoked for failure to make payments under the conditions of
12		parole or release unless the Board determines that such failure
13		is due to the offender's willful refusal to pay.
14		(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19;
15		revised 4-3-19.)
16		(730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
17		Sec. 3-3-13. Procedure for Executive Clemency.
18		(a) Petitions seeking pardon, commutation, or reprieve
19		shall be addressed to the Governor and filed with the Prisoner
20		Review Board. The petition shall be in writing and signed by
21		the person under conviction or by a person on his behalf. It
22		shall contain a brief history of the case, the reasons for
23		seeking executive clemency, and other relevant information the
24		Board may require.
25		(a-5) After a petition has been denied by the Governor, the

HB3584 Enrolled - 72 - LRB101 08458 SLF 53534 b
1		Board may not accept a repeat petition for executive clemency
2		for the same person until one full year has elapsed from the
3		date of the denial. The Chairman of the Board may waive the
4		one-year requirement if the petitioner offers in writing new
5		information that was unavailable to the petitioner at the time
6		of the filing of the prior petition and which the Chairman
7		determines to be significant. The Chairman also may waive the
8		one-year waiting period if the petitioner can show that a
9		change in circumstances of a compelling humanitarian nature has
10		arisen since the denial of the prior petition.
11		(b) Notice of the proposed application shall be given by
12		the Board to the committing court and the state's attorney of
13		the county where the conviction was had.
14		(b-5) Victims registered with the Board shall receive
15		reasonable written notice not less than 30 days prior to the
16		executive clemency hearing date. The victim has the right to
17		submit a victim statement to the Prisoner Review Board for
18		consideration at an executive clemency hearing as provided in
19		subsection (c) of this Section. Victim statements provided to
20		the Board shall be confidential and privileged, including any
21		statements received prior to the effective date of this
22		amendatory Act of the 101st General Assembly, except if the
23		statement was an oral statement made by the victim at a hearing
24		open to the public.
25		(c) The Board shall, if requested and upon due notice, give
26		a hearing to each application, allowing representation by

HB3584 Enrolled - 73 - LRB101 08458 SLF 53534 b
1		counsel, if desired, after which it shall confidentially advise
2		the Governor by a written report of its recommendations which
3		shall be determined by majority vote. The written report to the
4		Governor shall be confidential and privileged, including any
5		reports made prior to the effective date of this amendatory Act
6		of the 101st General Assembly. The Board shall meet to consider
7		such petitions no less than 4 times each year.
8		Application for executive clemency under this Section may
9		not be commenced on behalf of a person who has been sentenced
10		to death without the written consent of the defendant, unless
11		the defendant, because of a mental or physical condition, is
12		incapable of asserting his or her own claim. The written report
13		of the Board's recommendations to the Governor shall be
14		privileged.
15		(d) The Governor shall decide each application and
16		communicate his decision to the Board which shall notify the
17		petitioner.
18		In the event a petitioner who has been convicted of a Class
19		X felony is granted a release, after the Governor has
20		communicated such decision to the Board, the Board shall give
21		written notice to the Sheriff of the county from which the
22		offender was sentenced if such sheriff has requested that such
23		notice be given on a continuing basis. In cases where arrest of
24		the offender or the commission of the offense took place in any
25		municipality with a population of more than 10,000 persons, the
26		Board shall also give written notice to the proper law

HB3584 Enrolled - 74 - LRB101 08458 SLF 53534 b
1		enforcement agency for said municipality which has requested
2		notice on a continuing basis.
3		(e) Nothing in this Section shall be construed to limit the
4		power of the Governor under the constitution to grant a
5		reprieve, commutation of sentence, or pardon.
6		(Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
7		(730 ILCS 5/5-4.5-115)
8		(This Section may contain text from a Public Act with a
9		delayed effective date)
10		Sec. 5-4.5-115 5-4.5-110. Parole review of persons under
11		the age of 21 at the time of the commission of an offense.
12		(a) For purposes of this Section, "victim" means a victim
13		of a violent crime as defined in subsection (a) of Section 3 of
14		the Rights of Crime Victims and Witnesses Act including a
15		witness as defined in subsection (b) of Section 3 of the Rights
16		of Crime Victims and Witnesses Act; any person legally related
17		to the victim by blood, marriage, adoption, or guardianship;
18		any friend of the victim; or any concerned citizen.
19		(b) A person under 21 years of age at the time of the
20		commission of an offense or offenses, other than first degree
21		murder, and who is not serving a sentence for first degree
22		murder and who is sentenced on or after June 1, 2019 (the
23		effective date of Public Act 100-1182) this amendatory Act of
24		the 100th General Assembly shall be eligible for parole review
25		by the Prisoner Review Board after serving 10 years or more of

HB3584 Enrolled - 75 - LRB101 08458 SLF 53534 b
1		his or her sentence or sentences, except for those serving a
2		sentence or sentences for: (1) aggravated criminal sexual
3		assault who shall be eligible for parole review by the Prisoner
4		Review Board after serving 20 years or more of his or her
5		sentence or sentences or (2) predatory criminal sexual assault
6		of a child who shall not be eligible for parole review by the
7		Prisoner Review Board under this Section. A person under 21
8		years of age at the time of the commission of first degree
9		murder who is sentenced on or after June 1, 2019 (the effective
10		date of Public Act 100-1182) this amendatory Act of the 100th
11		General Assembly shall be eligible for parole review by the
12		Prisoner Review Board after serving 20 years or more of his or
13		her sentence or sentences, except for those subject to a term
14		of natural life imprisonment under Section 5-8-1 of this Code
15		or any person subject to sentencing under subsection (c) of
16		Section 5-4.5-105 of this Code.
17		(c) Three years prior to becoming eligible for parole
18		review, the eligible person may file his or her petition for
19		parole review with the Prisoner Review Board. The petition
20		shall include a copy of the order of commitment and sentence to
21		the Department of Corrections for the offense or offenses for
22		which review is sought. Within 30 days of receipt of this
23		petition, the Prisoner Review Board shall determine whether the
24		petition is appropriately filed, and if so, shall set a date
25		for parole review 3 years from receipt of the petition and
26		notify the Department of Corrections within 10 business days.

HB3584 Enrolled - 76 - LRB101 08458 SLF 53534 b
1		If the Prisoner Review Board determines that the petition is
2		not appropriately filed, it shall notify the petitioner in
3		writing, including a basis for its determination.
4		(d) Within 6 months of the Prisoner Review Board's
5		determination that the petition was appropriately filed, a
6		representative from the Department of Corrections shall meet
7		with the eligible person and provide the inmate information
8		about the parole hearing process and personalized
9		recommendations for the inmate regarding his or her work
10		assignments, rehabilitative programs, and institutional
11		behavior. Following this meeting, the eligible person has 7
12		calendar days to file a written request to the representative
13		from the Department of Corrections who met with the eligible
14		person of any additional programs and services which the
15		eligible person believes should be made available to prepare
16		the eligible person for return to the community.
17		(e) One year prior to the person being eligible for parole,
18		counsel shall be appointed by the Prisoner Review Board upon a
19		finding of indigency. The eligible person may waive appointed
20		counsel or retain his or her own counsel at his or her own
21		expense.
22		(f) Nine months prior to the hearing, the Prisoner Review
23		Board shall provide the eligible person, and his or her
24		counsel, any written documents or materials it will be
25		considering in making its decision unless the written documents
26		or materials are specifically found to: (1) include information

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1		which, if disclosed, would damage the therapeutic relationship
2		between the inmate and a mental health professional; (2)
3		subject any person to the actual risk of physical harm; (3)
4		threaten the safety or security of the Department or an
5		institution. In accordance with Section 4.5(d)(4) of the Rights
6		of Crime Victims and Witnesses Act and Section 10 35 of the
7		Open Parole Hearings Act, victim impact statements provided to
8		the Board shall be confidential and privileged, including any
9		statements received prior to the effective date of this
10		amendatory Act of the 101st General Assembly, except if the
11		statement was an oral statement made by the victim at a hearing
12		open to the public. Victim statements either oral, written,
13		video-taped, tape recorded or made by other electronic means
14		shall not be considered public documents under the provisions
15		of the Freedom of Information Act. The inmate or his or her
16		attorney shall not be given a copy of the statement, but shall
17		be informed of the existence of a victim impact statement and
18		the position taken by the victim on the inmate's request for
19		parole. This shall not be construed to permit disclosure to an
20		inmate of any information which might result in the risk of
21		threats or physical harm to a victim. The Prisoner Review Board
22		shall have an ongoing duty to provide the eligible person, and
23		his or her counsel, with any further documents or materials
24		that come into its possession prior to the hearing subject to
25		the limitations contained in this subsection.
26		(g) Not less than 12 months prior to the hearing, the

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1		Prisoner Review Board shall provide notification to the State's
2		Attorney of the county from which the person was committed and
3		written notification to the victim or family of the victim of
4		the scheduled hearing place, date, and approximate time. The
5		written notification shall contain: (1) information about
6		their right to be present, appear in person at the parole
7		hearing, and their right to make an oral statement and submit
8		information in writing, by videotape, tape recording, or other
9		electronic means; (2) a toll-free number to call for further
10		information about the parole review process; and (3)
11		information regarding available resources, including
12		trauma-informed therapy, they may access. If the Board does not
13		have knowledge of the current address of the victim or family
14		of the victim, it shall notify the State's Attorney of the
15		county of commitment and request assistance in locating the
16		victim or family of the victim. Those victims or family of the
17		victims who advise the Board in writing that they no longer
18		wish to be notified shall not receive future notices. A victim
19		shall have the right to submit information by videotape, tape
20		recording, or other electronic means. The victim may submit
21		this material prior to or at the parole hearing. The victim
22		also has the right to be heard at the parole hearing.
23		(h) The hearing conducted by the Prisoner Review Board
24		shall be governed by Sections 15 and 20, subsection (f) of
25		Section 5, subsections subsection (a), (a-5), (b), (b-5), and
26		(c) of Section 10, and subsection (d) of Section 25, and

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1		subsections (a), (b), and (e) of Section 35 of the Open Parole
2		Hearings Act and Part 1610 of Title 20 of the Illinois
3		Administrative Code. The eligible person has a right to be
4		present at the Prisoner Review Board hearing, unless the
5		Prisoner Review Board determines the eligible person's
6		presence is unduly burdensome when conducting a hearing under
7		paragraph (6.6) of subsection (a) of Section 3-3-2 of this
8		Code. If a psychological evaluation is submitted for the
9		Prisoner Review Board's consideration, it shall be prepared by
10		a person who has expertise in adolescent brain development and
11		behavior, and shall take into consideration the diminished
12		culpability of youthful offenders, the hallmark features of
13		youth, and any subsequent growth and increased maturity of the
14		person. At the hearing, the eligible person shall have the
15		right to make a statement on his or her own behalf.
16		(i) Only upon motion for good cause shall the date for the
17		Prisoner Review Board hearing, as set by subsection (b) of this
18		Section, be changed. No less than 15 days prior to the hearing,
19		the Prisoner Review Board shall notify the victim or victim
20		representative, the attorney, and the eligible person of the
21		exact date and time of the hearing. All hearings shall be open
22		to the public.
23		(j) The Prisoner Review Board shall not parole the eligible
24		person if it determines that:
25		(1) there is a substantial risk that the eligible
26		person will not conform to reasonable conditions of parole

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1		or aftercare release; or
2		(2) the eligible person's release at that time would
3		deprecate the seriousness of his or her offense or promote
4		disrespect for the law; or
5		(3) the eligible person's release would have a
6		substantially adverse effect on institutional discipline.
7		In considering the factors affecting the release
8		determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
9		Review Board panel shall consider the diminished culpability of
10		youthful offenders, the hallmark features of youth, and any
11		subsequent growth and maturity of the youthful offender during
12		incarceration.
13		(k) Unless denied parole under subsection (j) of this
14		Section and subject to the provisions of Section 3-3-9 of this
15		Code: (1) the eligible person serving a sentence for any
16		non-first degree murder offense or offenses, shall be released
17		on parole which shall operate to discharge any remaining term
18		of years sentence imposed upon him or her, notwithstanding any
19		required mandatory supervised release period the eligible
20		person is required to serve; and (2) the eligible person
21		serving a sentence for any first degree murder offense, shall
22		be released on mandatory supervised release for a period of 10
23		years subject to Section 3-3-8, which shall operate to
24		discharge any remaining term of years sentence imposed upon him
25		or her, however in no event shall the eligible person serve a
26		period of mandatory supervised release greater than the

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1		aggregate of the discharged underlying sentence and the
2		mandatory supervised release period as sent forth in Section
3		5-4.5-20.
4		(l) If the Prisoner Review Board denies parole after
5		conducting the hearing under subsection (j) of this Section, it
6		shall issue a written decision which states the rationale for
7		denial, including the primary factors considered. This
8		decision shall be provided to the eligible person and his or
9		her counsel within 30 days.
10		(m) A person denied parole under subsection (j) of this
11		Section, who is not serving a sentence for either first degree
12		murder or aggravated criminal sexual assault, shall be eligible
13		for a second parole review by the Prisoner Review Board 5 years
14		after the written decision under subsection (l) of this
15		Section; a person denied parole under subsection (j) of this
16		Section, who is serving a sentence or sentences for first
17		degree murder or aggravated criminal sexual assault shall be
18		eligible for a second and final parole review by the Prisoner
19		Review Board 10 years after the written decision under
20		subsection (k) of this Section. The procedures for a second
21		parole review shall be governed by subsections (c) through (k)
22		of this Section.
23		(n) A person denied parole under subsection (m) of this
24		Section, who is not serving a sentence for either first degree
25		murder or aggravated criminal sexual assault, shall be eligible
26		for a third and final parole review by the Prisoner Review

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1		Board 5 years after the written decision under subsection (l)
2		of this Section. The procedures for the third and final parole
3		review shall be governed by subsections (c) through (k) of this
4		Section.
5		(o) Notwithstanding anything else to the contrary in this
6		Section, nothing in this Section shall be construed to delay
7		parole or mandatory supervised release consideration for
8		petitioners who are or will be eligible for release earlier
9		than this Section provides. Nothing in this Section shall be
10		construed as a limit, substitution, or bar on a person's right
11		to sentencing relief, or any other manner of relief, obtained
12		by order of a court in proceedings other than as provided in
13		this Section.
14		(Source: P.A. 100-1182, eff. 6-1-19; revised 4-2-19.)
15		(730 ILCS 5/5-4.5-20)
16		(Text of Section before amendment by P.A. 100-1182)
17		Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
18		degree murder:
19		(a) TERM. The defendant shall be sentenced to imprisonment
20		or, if appropriate, death under Section 9-1 of the Criminal
21		Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
22		Imprisonment shall be for a determinate term of (1) not less
23		than 20 years and not more than 60 years; (2) not less than 60
24		years and not more than 100 years when an extended term is
25		imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural

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1		life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
2		(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
3		shall not be imposed.
4		(c) IMPACT INCARCERATION. The impact incarceration program
5		or the county impact incarceration program is not an authorized
6		disposition.
7		(d) PROBATION; CONDITIONAL DISCHARGE. A period of
8		probation or conditional discharge shall not be imposed.
9		(e) FINE. Fines may be imposed as provided in Section
10		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
11		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
12		concerning restitution.
13		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
14		be concurrent or consecutive as provided in Section 5-8-4 (730
15		ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
16		(h) DRUG COURT. Drug court is not an authorized
17		disposition.
18		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
19		ILCS 5/5-4.5-100) concerning no credit for time spent in home
20		detention prior to judgment.
21		(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
22		for rules and regulations for sentence credit.
23		(k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
24		monitoring and home detention are not authorized dispositions,
25		except in limited circumstances as provided in Section 5-8A-3
26		(730 ILCS 5/5-8A-3).

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1		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
2		provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
3		mandatory supervised release term shall be 3 years upon release
4		from imprisonment.
5		(Source: P.A. 100-431, eff. 8-25-17.)
6		(Text of Section after amendment by P.A. 100-1182)
7		Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
8		degree murder:
9		(a) TERM. The defendant shall be sentenced to imprisonment
10		or, if appropriate, death under Section 9-1 of the Criminal
11		Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
12		Imprisonment shall be for a determinate term, subject to
13		Section 5-4.5-115 5-4.5-110 of this Code, of (1) not less than
14		20 years and not more than 60 years; (2) not less than 60 years
15		and not more than 100 years when an extended term is imposed
16		under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
17		provided in Section 5-8-1 (730 ILCS 5/5-8-1).
18		(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
19		shall not be imposed.
20		(c) IMPACT INCARCERATION. The impact incarceration program
21		or the county impact incarceration program is not an authorized
22		disposition.
23		(d) PROBATION; CONDITIONAL DISCHARGE. A period of
24		probation or conditional discharge shall not be imposed.
25		(e) FINE. Fines may be imposed as provided in Section

HB3584 Enrolled - 85 - LRB101 08458 SLF 53534 b
1		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
2		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
3		concerning restitution.
4		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
5		be concurrent or consecutive as provided in Section 5-8-4 (730
6		ILCS 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
8		disposition.
9		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
10		ILCS 5/5-4.5-100) concerning no credit for time spent in home
11		detention prior to judgment.
12		(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
13		for rules and regulations for sentence credit.
14		(k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
15		monitoring and home detention are not authorized dispositions,
16		except 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
19		provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
20		mandatory supervised release term shall be 3 years upon release
21		from imprisonment.
22		(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
23		revised 4-3-19.)
24		(730 ILCS 5/5-4.5-25)
25		(Text of Section before amendment by P.A. 100-1182)

HB3584 Enrolled - 86 - LRB101 08458 SLF 53534 b
1		Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
2		felony:
3		(a) TERM. The sentence of imprisonment shall be a
4		determinate sentence of not less than 6 years and not more than
5		30 years. The sentence of imprisonment for an extended term
6		Class X felony, as provided in Section 5-8-2 (730 ILCS
7		5/5-8-2), shall be not less than 30 years and not more than 60
8		years.
9		(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
10		shall not be imposed.
11		(c) IMPACT INCARCERATION. The impact incarceration program
12		or the county impact incarceration program is not an authorized
13		disposition.
14		(d) PROBATION; CONDITIONAL DISCHARGE. A period of
15		probation or conditional discharge shall not be imposed.
16		(e) FINE. Fines may be imposed as provided in Section
17		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
18		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
19		concerning restitution.
20		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
21		be concurrent or consecutive as provided in Section 5-8-4 (730
22		ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
23		(h) DRUG COURT. See Section 20 of the Drug Court Treatment
24		Act (730 ILCS 166/20) concerning eligibility for a drug court
25		program.
26		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730

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1		ILCS 5/5-4.5-100) concerning no credit for time spent in home
2		detention prior to judgment.
3		(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
4		for rules and regulations for sentence credit.
5		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
6		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
7		electronic monitoring and home detention.
8		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
9		provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
10		5/5-8-1), the parole or mandatory supervised release term shall
11		be 3 years upon release from imprisonment.
12		(Source: P.A. 100-431, eff. 8-25-17.)
13		(Text of Section after amendment by P.A. 100-1182)
14		Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
15		felony:
16		(a) TERM. The sentence of imprisonment shall be a
17		determinate sentence, subject to Section 5-4.5-115 5-4.5-110
18		of this Code, of not less than 6 years and not more than 30
19		years. The sentence of imprisonment for an extended term Class
20		X felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2),
21		subject to Section 5-4.5-115 5-4.5-110 of this Code, shall be
22		not less than 30 years and not more than 60 years.
23		(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
24		shall not be imposed.
25		(c) IMPACT INCARCERATION. The impact incarceration program

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1		or the county impact incarceration program is not an authorized
2		disposition.
3		(d) PROBATION; CONDITIONAL DISCHARGE. A period of
4		probation or conditional discharge shall not be imposed.
5		(e) FINE. Fines may be imposed as provided in Section
6		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
7		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
8		concerning restitution.
9		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
10		be concurrent or consecutive as provided in Section 5-8-4 (730
11		ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
12		(h) DRUG COURT. See Section 20 of the Drug Court Treatment
13		Act (730 ILCS 166/20) concerning eligibility for a drug court
14		program.
15		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
16		ILCS 5/5-4.5-100) concerning no credit for time spent in home
17		detention prior to judgment.
18		(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
19		for rules and regulations for sentence credit.
20		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
21		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
22		electronic monitoring and home detention.
23		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
24		provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
25		5/5-8-1), the parole or mandatory supervised release term shall
26		be 3 years upon release from imprisonment.

HB3584 Enrolled - 89 - LRB101 08458 SLF 53534 b
1		(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
2		revised 4-3-19.)
3		(730 ILCS 5/5-4.5-30)
4		(Text of Section before amendment by P.A. 100-1182)
5		Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
6		felony:
7		(a) TERM. The sentence of imprisonment, other than for
8		second degree murder, shall be a determinate sentence of not
9		less than 4 years and not more than 15 years. The sentence of
10		imprisonment for second degree murder shall be a determinate
11		sentence of not less than 4 years and not more than 20 years.
12		The sentence of imprisonment for an extended term Class 1
13		felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall
14		be a term not less than 15 years and not more than 30 years.
15		(b) PERIODIC IMPRISONMENT. A sentence of periodic
16		imprisonment shall be for a definite term of from 3 to 4 years,
17		except as otherwise provided in Section 5-5-3 or 5-7-1 (730
18		ILCS 5/5-5-3 or 5/5-7-1).
19		(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
20		(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
21		the impact incarceration program or the county impact
22		incarceration program.
23		(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
24		in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
25		period of probation or conditional discharge shall not exceed 4

HB3584 Enrolled - 90 - LRB101 08458 SLF 53534 b
1		years. The court shall specify the conditions of probation or
2		conditional discharge as set forth in Section 5-6-3 (730 ILCS
3		5/5-6-3). In no case shall an offender be eligible for a
4		disposition of probation or conditional discharge for a Class 1
5		felony committed while he or she was serving a term of
6		probation or conditional discharge for a felony.
7		(e) FINE. Fines may be imposed as provided in Section
8		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
9		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
10		concerning restitution.
11		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
12		be concurrent or consecutive as provided in Section 5-8-4 (730
13		ILCS 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
15		Act (730 ILCS 166/20) concerning eligibility for a drug court
16		program.
17		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
18		ILCS 5/5-4.5-100) concerning credit for time spent in home
19		detention prior to judgment.
20		(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
21		ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
22		(730 ILCS 130/) for rules and regulations for sentence credit.
23		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
24		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
25		electronic monitoring and home detention.
26		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as

HB3584 Enrolled - 91 - LRB101 08458 SLF 53534 b
1		provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
2		5/5-8-1), the parole or mandatory supervised release term shall
3		be 2 years upon release from imprisonment.
4		(Source: P.A. 100-431, eff. 8-25-17.)
5		(Text of Section after amendment by P.A. 100-1182)
6		Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
7		felony:
8		(a) TERM. The sentence of imprisonment, other than for
9		second degree murder, shall be a determinate sentence of not
10		less than 4 years and not more than 15 years, subject to
11		Section 5-4.5-115 5-4.5-110 of this Code. The sentence of
12		imprisonment for second degree murder shall be a determinate
13		sentence of not less than 4 years and not more than 20 years,
14		subject to Section 5-4.5-115 5-4.5-110 of this Code. The
15		sentence of imprisonment for an extended term Class 1 felony,
16		as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
17		Section 5-4.5-115 5-4.5-110 of this Code, shall be a term not
18		less than 15 years and not more than 30 years.
19		(b) PERIODIC IMPRISONMENT. A sentence of periodic
20		imprisonment shall be for a definite term of from 3 to 4 years,
21		except as otherwise provided in Section 5-5-3 or 5-7-1 (730
22		ILCS 5/5-5-3 or 5/5-7-1).
23		(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
24		(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
25		the impact incarceration program or the county impact

HB3584 Enrolled - 92 - LRB101 08458 SLF 53534 b
1		incarceration program.
2		(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
3		in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
4		period of probation or conditional discharge shall not exceed 4
5		years. The court shall specify the conditions of probation or
6		conditional discharge as set forth in Section 5-6-3 (730 ILCS
7		5/5-6-3). In no case shall an offender be eligible for a
8		disposition of probation or conditional discharge for a Class 1
9		felony committed while he or she was serving a term of
10		probation or conditional discharge for a felony.
11		(e) FINE. Fines may be imposed as provided in Section
12		5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
13		(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
14		concerning restitution.
15		(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
16		be concurrent or consecutive as provided in Section 5-8-4 (730
17		ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
18		(h) DRUG COURT. See Section 20 of the Drug Court Treatment
19		Act (730 ILCS 166/20) concerning eligibility for a drug court
20		program.
21		(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
22		ILCS 5/5-4.5-100) concerning credit for time spent in home
23		detention prior to judgment.
24		(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
25		ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
26		(730 ILCS 130/) for rules and regulations for sentence credit.

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1		(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
2		5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
3		electronic monitoring and home detention.
4		(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
5		provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
6		5/5-8-1), the parole or mandatory supervised release term shall
7		be 2 years upon release from imprisonment.
8		(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
9		revised 4-3-19.)
10		(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
11		(Text of Section before amendment by P.A. 100-1182)
12		Sec. 5-8-1. Natural life imprisonment; enhancements for
13		use of a firearm; mandatory supervised release terms.
14		(a) Except as otherwise provided in the statute defining
15		the offense or in Article 4.5 of Chapter V, a sentence of
16		imprisonment for a felony shall be a determinate sentence set
17		by the court under this Section, according to the following
18		limitations:
19		(1) for first degree murder,
20		(a) (blank),
21		(b) if a trier of fact finds beyond a reasonable
22		doubt that the murder was accompanied by exceptionally
23		brutal or heinous behavior indicative of wanton
24		cruelty or, except as set forth in subsection (a)(1)(c)
25		of this Section, that any of the aggravating factors

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1		listed in subsection (b) or (b-5) of Section 9-1 of the
2		Criminal Code of 1961 or the Criminal Code of 2012 are
3		present, the court may sentence the defendant, subject
4		to Section 5-4.5-105, to a term of natural life
5		imprisonment, or
6		(c) the court shall sentence the defendant to a
7		term of natural life imprisonment if the defendant, at
8		the time of the commission of the murder, had attained
9		the age of 18, and
10		(i) has previously been convicted of first
11		degree murder under any state or federal law, or
12		(ii) is found guilty of murdering more than one
13		victim, or
14		(iii) is found guilty of murdering a peace
15		officer, fireman, or emergency management worker
16		when the peace officer, fireman, or emergency
17		management worker was killed in the course of
18		performing his official duties, or to prevent the
19		peace officer or fireman from performing his
20		official duties, or in retaliation for the peace
21		officer, fireman, or emergency management worker
22		from performing his official duties, and the
23		defendant knew or should have known that the
24		murdered individual was a peace officer, fireman,
25		or emergency management worker, or
26		(iv) is found guilty of murdering an employee

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1		of an institution or facility of the Department of
2		Corrections, or any similar local correctional
3		agency, when the employee was killed in the course
4		of performing his official duties, or to prevent
5		the employee from performing his official duties,
6		or in retaliation for the employee performing his
7		official duties, or
8		(v) is found guilty of murdering an emergency
9		medical technician - ambulance, emergency medical
10		technician - intermediate, emergency medical
11		technician - paramedic, ambulance driver or other
12		medical assistance or first aid person while
13		employed by a municipality or other governmental
14		unit when the person was killed in the course of
15		performing official duties or to prevent the
16		person from performing official duties or in
17		retaliation for performing official duties and the
18		defendant knew or should have known that the
19		murdered individual was an emergency medical
20		technician - ambulance, emergency medical
21		technician - intermediate, emergency medical
22		technician - paramedic, ambulance driver, or other
23		medical assistant or first aid personnel, or
24		(vi) (blank), or
25		(vii) is found guilty of first degree murder
26		and the murder was committed by reason of any

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1		person's activity as a community policing
2		volunteer or to prevent any person from engaging in
3		activity as a community policing volunteer. For
4		the purpose of this Section, "community policing
5		volunteer" has the meaning ascribed to it in
6		Section 2-3.5 of the Criminal Code of 2012.
7		For purposes of clause (v), "emergency medical
8		technician - ambulance", "emergency medical technician -
9		intermediate", "emergency medical technician -
10		paramedic", have the meanings ascribed to them in the
11		Emergency Medical Services (EMS) Systems Act.
12		(d) (i) if the person committed the offense while
13		armed with a firearm, 15 years shall be added to
14		the term of imprisonment imposed by the court;
15		(ii) if, during the commission of the offense,
16		the person personally discharged a firearm, 20
17		years shall be added to the term of imprisonment
18		imposed by the court;
19		(iii) if, during the commission of the
20		offense, the person personally discharged a
21		firearm that proximately caused great bodily harm,
22		permanent disability, permanent disfigurement, or
23		death to another person, 25 years or up to a term
24		of natural life shall be added to the term of
25		imprisonment imposed by the court.
26		(2) (blank);

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1		(2.5) for a person who has attained the age of 18 years
2		at the time of the commission of the offense and who is
3		convicted under the circumstances described in subdivision
4		(b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
5		(b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
6		or paragraph (2) of subsection (d) of Section 12-14,
7		subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
8		of subsection (b) of Section 12-14.1, subdivision (b)(2) of
9		Section 11-1.40 or paragraph (2) of subsection (b) of
10		Section 12-14.1 of the Criminal Code of 1961 or the
11		Criminal Code of 2012, the sentence shall be a term of
12		natural life imprisonment.
13		(b) (Blank).
14		(c) (Blank).
15		(d) Subject to earlier termination under Section 3-3-8, the
16		parole or mandatory supervised release term shall be written as
17		part of the sentencing order and shall be as follows:
18		(1) for first degree murder or a Class X felony except
19		for the offenses of predatory criminal sexual assault of a
20		child, aggravated criminal sexual assault, and criminal
21		sexual assault if committed on or after the effective date
22		of this amendatory Act of the 94th General Assembly and
23		except for the offense of aggravated child pornography
24		under Section 11-20.1B, 11-20.3, or 11-20.1 with
25		sentencing under subsection (c-5) of Section 11-20.1 of the
26		Criminal Code of 1961 or the Criminal Code of 2012, if

HB3584 Enrolled - 98 - LRB101 08458 SLF 53534 b
1		committed on or after January 1, 2009, 3 years;
2		(2) for a Class 1 felony or a Class 2 felony except for
3		the offense of criminal sexual assault if committed on or
4		after the effective date of this amendatory Act of the 94th
5		General Assembly and except for the offenses of manufacture
6		and dissemination of child pornography under clauses
7		(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
8		of 1961 or the Criminal Code of 2012, if committed on or
9		after January 1, 2009, 2 years;
10		(3) for a Class 3 felony or a Class 4 felony, 1 year;
11		(4) for defendants who commit the offense of predatory
12		criminal sexual assault of a child, aggravated criminal
13		sexual assault, or criminal sexual assault, on or after the
14		effective date of this amendatory Act of the 94th General
15		Assembly, or who commit the offense of aggravated child
16		pornography under Section 11-20.1B, 11-20.3, or 11-20.1
17		with sentencing under subsection (c-5) of Section 11-20.1
18		of the Criminal Code of 1961 or the Criminal Code of 2012,
19		manufacture of child pornography, or dissemination of
20		child pornography after January 1, 2009, the term of
21		mandatory supervised release shall range from a minimum of
22		3 years to a maximum of the natural life of the defendant;
23		(5) if the victim is under 18 years of age, for a
24		second or subsequent offense of aggravated criminal sexual
25		abuse or felony criminal sexual abuse, 4 years, at least
26		the first 2 years of which the defendant shall serve in an

HB3584 Enrolled - 99 - LRB101 08458 SLF 53534 b
1		electronic monitoring or home detention program under
2		Article 8A of Chapter V of this Code;
3		(6) for a felony domestic battery, aggravated domestic
4		battery, stalking, aggravated stalking, and a felony
5		violation of an order of protection, 4 years.
6		(e) (Blank).
7		(f) (Blank).
8		(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
9		eff. 8-25-17.)
10		(Text of Section after amendment by P.A. 100-1182)
11		Sec. 5-8-1. Natural life imprisonment; enhancements for
12		use of a firearm; mandatory supervised release terms.
13		(a) Except as otherwise provided in the statute defining
14		the offense or in Article 4.5 of Chapter V, a sentence of
15		imprisonment for a felony shall be a determinate sentence set
16		by the court under this Section, subject to Section 5-4.5-115
17		5-4.5-110 of this Code, according to the following limitations:
18		(1) for first degree murder,
19		(a) (blank),
20		(b) if a trier of fact finds beyond a reasonable
21		doubt that the murder was accompanied by exceptionally
22		brutal or heinous behavior indicative of wanton
23		cruelty or, except as set forth in subsection (a)(1)(c)
24		of this Section, that any of the aggravating factors
25		listed in subsection (b) or (b-5) of Section 9-1 of the

HB3584 Enrolled - 100 - LRB101 08458 SLF 53534 b
1		Criminal Code of 1961 or the Criminal Code of 2012 are
2		present, the court may sentence the defendant, subject
3		to Section 5-4.5-105, to a term of natural life
4		imprisonment, or
5		(c) the court shall sentence the defendant to a
6		term of natural life imprisonment if the defendant, at
7		the time of the commission of the murder, had attained
8		the age of 18, and
9		(i) has previously been convicted of first
10		degree murder under any state or federal law, or
11		(ii) is found guilty of murdering more than one
12		victim, or
13		(iii) is found guilty of murdering a peace
14		officer, fireman, or emergency management worker
15		when the peace officer, fireman, or emergency
16		management worker was killed in the course of
17		performing his official duties, or to prevent the
18		peace officer or fireman from performing his
19		official duties, or in retaliation for the peace
20		officer, fireman, or emergency management worker
21		from performing his official duties, and the
22		defendant knew or should have known that the
23		murdered individual was a peace officer, fireman,
24		or emergency management worker, or
25		(iv) is found guilty of murdering an employee
26		of an institution or facility of the Department of

HB3584 Enrolled - 101 - LRB101 08458 SLF 53534 b
1		Corrections, or any similar local correctional
2		agency, when the employee was killed in the course
3		of performing his official duties, or to prevent
4		the employee from performing his official duties,
5		or in retaliation for the employee performing his
6		official duties, or
7		(v) is found guilty of murdering an emergency
8		medical technician - ambulance, emergency medical
9		technician - intermediate, emergency medical
10		technician - paramedic, ambulance driver or other
11		medical assistance or first aid person while
12		employed by a municipality or other governmental
13		unit when the person was killed in the course of
14		performing official duties or to prevent the
15		person from performing official duties or in
16		retaliation for performing official duties and the
17		defendant knew or should have known that the
18		murdered individual was an emergency medical
19		technician - ambulance, emergency medical
20		technician - intermediate, emergency medical
21		technician - paramedic, ambulance driver, or other
22		medical assistant or first aid personnel, or
23		(vi) (blank), or
24		(vii) is found guilty of first degree murder
25		and the murder was committed by reason of any
26		person's activity as a community policing

HB3584 Enrolled - 102 - LRB101 08458 SLF 53534 b
1		volunteer or to prevent any person from engaging in
2		activity as a community policing volunteer. For
3		the purpose of this Section, "community policing
4		volunteer" has the meaning ascribed to it in
5		Section 2-3.5 of the Criminal Code of 2012.
6		For purposes of clause (v), "emergency medical
7		technician - ambulance", "emergency medical technician -
8		intermediate", "emergency medical technician -
9		paramedic", have the meanings ascribed to them in the
10		Emergency Medical Services (EMS) Systems Act.
11		(d) (i) if the person committed the offense while
12		armed with a firearm, 15 years shall be added to
13		the term of imprisonment imposed by the court;
14		(ii) if, during the commission of the offense,
15		the person personally discharged a firearm, 20
16		years shall be added to the term of imprisonment
17		imposed by the court;
18		(iii) if, during the commission of the
19		offense, the person personally discharged a
20		firearm that proximately caused great bodily harm,
21		permanent disability, permanent disfigurement, or
22		death to another person, 25 years or up to a term
23		of natural life shall be added to the term of
24		imprisonment imposed by the court.
25		(2) (blank);
26		(2.5) for a person who has attained the age of 18 years

HB3584 Enrolled - 103 - LRB101 08458 SLF 53534 b
1		at the time of the commission of the offense and who is
2		convicted under the circumstances described in subdivision
3		(b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
4		(b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
5		or paragraph (2) of subsection (d) of Section 12-14,
6		subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
7		of subsection (b) of Section 12-14.1, subdivision (b)(2) of
8		Section 11-1.40 or paragraph (2) of subsection (b) of
9		Section 12-14.1 of the Criminal Code of 1961 or the
10		Criminal Code of 2012, the sentence shall be a term of
11		natural life imprisonment.
12		(b) (Blank).
13		(c) (Blank).
14		(d) Subject to earlier termination under Section 3-3-8, the
15		parole or mandatory supervised release term shall be written as
16		part of the sentencing order and shall be as follows:
17		(1) for first degree murder or a Class X felony except
18		for the offenses of predatory criminal sexual assault of a
19		child, aggravated criminal sexual assault, and criminal
20		sexual assault if committed on or after the effective date
21		of this amendatory Act of the 94th General Assembly and
22		except for the offense of aggravated child pornography
23		under Section 11-20.1B, 11-20.3, or 11-20.1 with
24		sentencing under subsection (c-5) of Section 11-20.1 of the
25		Criminal Code of 1961 or the Criminal Code of 2012, if
26		committed on or after January 1, 2009, 3 years;

HB3584 Enrolled - 104 - LRB101 08458 SLF 53534 b
1		(2) for a Class 1 felony or a Class 2 felony except for
2		the offense of criminal sexual assault if committed on or
3		after the effective date of this amendatory Act of the 94th
4		General Assembly and except for the offenses of manufacture
5		and dissemination of child pornography under clauses
6		(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
7		of 1961 or the Criminal Code of 2012, if committed on or
8		after January 1, 2009, 2 years;
9		(3) for a Class 3 felony or a Class 4 felony, 1 year;
10		(4) for defendants who commit the offense of predatory
11		criminal sexual assault of a child, aggravated criminal
12		sexual assault, or criminal sexual assault, on or after the
13		effective date of this amendatory Act of the 94th General
14		Assembly, or who commit the offense of aggravated child
15		pornography under Section 11-20.1B, 11-20.3, or 11-20.1
16		with sentencing under subsection (c-5) of Section 11-20.1
17		of the Criminal Code of 1961 or the Criminal Code of 2012,
18		manufacture of child pornography, or dissemination of
19		child pornography after January 1, 2009, the term of
20		mandatory supervised release shall range from a minimum of
21		3 years to a maximum of the natural life of the defendant;
22		(5) if the victim is under 18 years of age, for a
23		second or subsequent offense of aggravated criminal sexual
24		abuse or felony criminal sexual abuse, 4 years, at least
25		the first 2 years of which the defendant shall serve in an
26		electronic monitoring or home detention program under

HB3584 Enrolled - 105 - LRB101 08458 SLF 53534 b
1		Article 8A of Chapter V of this Code;
2		(6) for a felony domestic battery, aggravated domestic
3		battery, stalking, aggravated stalking, and a felony
4		violation of an order of protection, 4 years.
5		(e) (Blank).
6		(f) (Blank).
7		(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
8		eff. 8-25-17; 100-1182, eff. 6-1-19; revised 4-3-19.)
9		Section 15. The Open Parole Hearings Act is amended by
10		changing Sections 10 and 25 as follows:
11		(730 ILCS 105/10) (from Ch. 38, par. 1660)
12		Sec. 10. Victim Victim's statements.
13		(a) The Board shall receive and consider victim statements.
14		(a-5) Pursuant to paragraph (19) of subsection (b) of
15		Section 4.5 of the Rights of Crime Victims and Witnesses Act
16		Upon request of the victim, the State's Attorney shall forward
17		a copy of any statement presented at the time of trial to the
18		Prisoner Review Board to be considered at the time of a parole
19		hearing.
20		(b) The victim has the right to submit a victim statement
21		for consideration by the Prisoner Review Board in writing, on
22		film, videotape, or other electronic means, or in the form of a
23		recording prior to the parole hearing, or orally at the parole
24		hearing, or by calling the toll-free number established in

HB3584 Enrolled - 106 - LRB101 08458 SLF 53534 b
1		subsection (f) of Section 4.5 of the Rights of Crime Victims
2		and Witnesses Act. Victim statements shall not be considered
3		public documents under provisions of the Freedom of Information
4		Act.
5		(b-5) Other than as provided in subsection (c), the Board
6		shall not release any material to the inmate, the inmate's
7		attorney, any third party, or any other person that contains
8		any information from a victim who has provided a victim
9		statement to the Board, unless provided with a waiver from that
10		victim. The Board shall not release the names or addresses of
11		any person on its victim registry to any other person except
12		the victim, a law enforcement agency, or other victim
13		notification system. Victim statements provided to the Board
14		shall be confidential and privileged, including any statements
15		received prior to the effective date of this amendatory Act of
16		the 101st General Assembly, except if the statement was an oral
17		statement made by the victim at a hearing open to the public.
18		(c) The inmate or his or her attorney shall be informed of
19		the existence of a victim statement and its contents under
20		provisions of Board rules. This shall not be construed to
21		permit disclosure to an inmate of any information which might
22		result in the risk of threats or physical harm to a victim or
23		complaining witness.
24		(d) The inmate shall be given the opportunity to answer a
25		victim statement, either orally or in writing.
26		(e) All victim statements, except if the statement was an

HB3584 Enrolled - 107 - LRB101 08458 SLF 53534 b
1		oral statement made by the victim at a hearing open to the
2		public, shall be part of the applicant's, releasee's, or
3		parolee's parole file. The victim may enter a statement either
4		oral, written, on video tape, or other electronic means in the
5		form and manner described by the Prisoner Review Board to be
6		considered at the time of a parole consideration hearing.
7		(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
8		(730 ILCS 105/25) (from Ch. 38, par. 1675)
9		Sec. 25. Notification of future parole hearings.
10		(a) The Board shall notify the State's Attorney of the
11		committing county of the pending hearing and the victim of all
12		forthcoming parole hearings at least 15 days in advance.
13		Written notification shall contain:
14		(1) notification of the place of the hearing;
15		(2) the date and approximate time of the hearing;
16		(3) their right to enter a statement, to appear in
17		person, and to submit other information by video tape, tape
18		recording, or other electronic means in the form and manner
19		described by the Board or if a victim of a violent crime as
20		defined in subsection (c) of Section 3 of the Rights of
21		Crime Victims and Witnesses Act, by calling the toll-free
22		number established in subsection (f) of Section 4.5 of the
23		Rights of Crime Victims and Witnesses Act subsection (f) of
24		that Section.
25		Notification to the victims shall be at the last known

HB3584 Enrolled - 108 - LRB101 08458 SLF 53534 b
1		address of the victim. It shall be the responsibility of the
2		victim to notify the board of any changes in address and name.
3		(b) However, at any time the victim may request by a
4		written certified statement that the Prisoner Review Board stop
5		sending notice under this Section.
6		(c) (Blank).
7		(d) No later than 7 days after a parole hearing the Board
8		shall send notice of its decision to the State's Attorney and
9		victim. If parole is denied, the Board shall within a
10		reasonable period of time notify the victim of the month and
11		year of the next scheduled hearing.
12		(Source: P.A. 93-235, eff. 7-22-03.)
13		(730 ILCS 105/35 rep.)
14		Section 20. The Open Parole Hearings Act is amended by
15		repealing Section 35.