98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3668

Introduced , by Rep. Arthur Turner

SYNOPSIS AS INTRODUCED:

`730 ILCS 5/3-3-2`	`from Ch. 38, par. 1003-3-2`
`730 ILCS 5/5-8-1`	`from Ch. 38, par. 1005-8-1`
`730 ILCS 5/5-8-1.4 new`

Amends the Unified Code of Corrections. Provides that a committed person who is at least 50 years of age and who has served at least 25

consecutive years of
imprisonment in a Department of Corrections

institution or facility may petition the Prisoner
Review Board for

participation in the Elderly Rehabilitated Prisoner Sentence
Modification

Program. Provides that if the committed person files
the petition, the

victims and the families of the victims of the committed person's offenses

shall be notified
in a timely manner after the filing of the petition.

Provides that the Board shall consider the petition in its entirety and

shall not order the
release of the committed person if it finds that the

committed person poses a threat to public safety. Provides that if the Board determines that a committed person is eligible for participation in

the
Program and that the committed person should participate in the

Program, the Board shall set
the conditions for the committed person's

release from prison before the expiration of his or
her sentence. Provides

that when granting participation in the Program, the Board may require the

committed person, for a period of time upon release, to participate in community service or to wear an electronic monitoring device, or both.

LRB098 13499 RLC 48022 b

A BILL FOR

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LRB098 13499 RLC 48022 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 Unified Code of Corrections is amended by

5 changing Sections 3-3-2 and 5-8-1 and by adding Section 5-8-1.4

6 as follows:

7 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)

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

9 (a) The Parole and Pardon Board is abolished and the term

10 "Parole and Pardon Board" as used in any law of Illinois, shall

11 read "Prisoner Review Board." After the effective date of this

12 amendatory Act of 1977, the Prisoner Review Board shall provide

13 by rule for the orderly transition of all files, records, and

14 documents of the Parole and Pardon Board and for such other

15 steps as may be necessary to effect an orderly transition and

16 shall:

17 (1) hear by at least one member and through a panel of

18 at least 3 members decide, cases of prisoners who were

19 sentenced under the law in effect prior to the effective

20 date of this amendatory Act of 1977, and who are eligible

21 for parole;

22 (2) hear by at least one member and through a panel of

23 at least 3 members decide, the conditions of parole and the

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1 time of discharge from parole, impose sanctions for

2 violations of parole, and revoke parole for those sentenced

3 under the law in effect prior to this amendatory Act of

4 1977; provided that the decision to parole and the

5 conditions of parole for all prisoners who were sentenced

6 for first degree murder or who received a minimum sentence

7 of 20 years or more under the law in effect prior to

8 February 1, 1978 shall be determined by a majority vote of

9 the Prisoner Review Board. One representative supporting

10 parole and one representative opposing parole will be

11 allowed to speak. Their comments shall be limited to making

12 corrections and filling in omissions to the Board's

13 presentation and discussion;

14 (3) hear by at least one member and through a panel of

15 at least 3 members decide, the conditions of mandatory

16 supervised release and the time of discharge from mandatory

17 supervised release, impose sanctions for violations of

18 mandatory supervised release, and revoke mandatory

19 supervised release for those sentenced under the law in

20 effect after the effective date of this amendatory Act of

21 1977;

22 (3.5) hear by at least one member and through a panel

23 of at least 3 members decide, the conditions of mandatory

24 supervised release and the time of discharge from mandatory

25 supervised release, to impose sanctions for violations of

26 mandatory supervised release and revoke mandatory

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1 supervised release for those serving extended supervised

2 release terms pursuant to paragraph (4) of subsection (d)

3 of Section 5-8-1;

4 (3.6) hear by at least one member and through a panel

5 of at least 3 members decide, the time of aftercare

6 release, the conditions of aftercare release and the time

7 of discharge from aftercare release, impose sanctions for

8 violations of aftercare release, and revoke aftercare

9 release for those adjudicated delinquent under the

10 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

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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 (7) comply with the requirements of the Open Parole

14 Hearings Act;

15 (8) hear by at least one member and, through a panel of

16 at least 3 members, decide cases brought by the Department

17 of Corrections against a prisoner in the custody of the

18 Department for court dismissal of a frivolous lawsuit

19 pursuant to Section 3-6-3(d) of this Code in which the

20 Department seeks to revoke up to 180 days of sentence

21 credit, and if the prisoner has not accumulated 180 days of

22 sentence credit at the time of the dismissal, then all

23 sentence credit accumulated by the prisoner shall be

24 revoked;

25 (9) hear by at least 3 members, and, through a panel of

26 at least 3 members, decide whether to grant certificates of

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1 relief from disabilities or certificates of good conduct as

2 provided in Article 5.5 of Chapter V;

3 (10) upon a petition by a person who has been convicted

4 of a Class 3 or Class 4 felony and who meets the

5 requirements of this paragraph, hear by at least 3 members

6 and, with the unanimous vote of a panel of 3 members, issue

7 a certificate of eligibility for sealing recommending that

8 the court order the sealing of all official records of the

9 arresting authority, the circuit court clerk, and the

10 Department of State Police concerning the arrest and

11 conviction for the Class 3 or 4 felony. A person may not

12 apply to the Board for a certificate of eligibility for

13 sealing:

14 (A) until 5 years have elapsed since the expiration

15 of his or her sentence;

16 (B) until 5 years have elapsed since any arrests or

17 detentions by a law enforcement officer for an alleged

18 violation of law, other than a petty offense, traffic

19 offense, conservation offense, or local ordinance

20 offense;

21 (C) if convicted of a violation of the Cannabis

22 Control Act, Illinois Controlled Substances Act, the

23 Methamphetamine Control and Community Protection Act,

24 the Methamphetamine Precursor Control Act, or the

25 Methamphetamine Precursor Tracking Act unless the

26 petitioner has completed a drug abuse program for the

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1 offense on which sealing is sought and provides proof

2 that he or she has completed the program successfully;

3 (D) if convicted of:

4 (i) a sex offense described in Article 11 or

5 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

6 the Criminal Code of 1961 or the Criminal Code of

7 2012;

8 (ii) aggravated assault;

9 (iii) aggravated battery;

10 (iv) domestic battery;

11 (v) aggravated domestic battery;

12 (vi) violation of an order of protection;

13 (vii) an offense under the Criminal Code of

14 1961 or the Criminal Code of 2012 involving a

15 firearm;

16 (viii) driving while under the influence of

17 alcohol, other drug or drugs, intoxicating

18 compound or compounds or any combination thereof;

19 (ix) aggravated driving while under the

20 influence of alcohol, other drug or drugs,

21 intoxicating compound or compounds or any

22 combination thereof; or

23 (x) any crime defined as a crime of violence

24 under Section 2 of the Crime Victims Compensation

25 Act.

26 If a person has applied to the Board for a certificate

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1 of eligibility for sealing and the Board denies the

2 certificate, the person must wait at least 4 years before

3 filing again or filing for pardon from the Governor unless

4 the Chairman of the Prisoner Review Board grants a waiver.

5 The decision to issue or refrain from issuing a

6 certificate of eligibility for sealing shall be at the

7 Board's sole discretion, and shall not give rise to any

8 cause of action against either the Board or its members.

9 The Board may only authorize the sealing of Class 3 and

10 4 felony convictions of the petitioner from one information

11 or indictment under this paragraph (10). A petitioner may

12 only receive one certificate of eligibility for sealing

13 under this provision for life; and

14 (11) upon a petition by a person who after having been

15 convicted of a Class 3 or Class 4 felony thereafter served

16 in the United States Armed Forces or National Guard of this

17 or any other state and had received an honorable discharge

18 from the United States Armed Forces or National Guard or

19 who at the time of filing the petition is enlisted in the

20 United States Armed Forces or National Guard of this or any

21 other state and served one tour of duty and who meets the

22 requirements of this paragraph, hear by at least 3 members

23 and, with the unanimous vote of a panel of 3 members, issue

24 a certificate of eligibility for expungement recommending

25 that the court order the expungement of all official

26 records of the arresting authority, the circuit court

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1 clerk, and the Department of State Police concerning the

2 arrest and conviction for the Class 3 or 4 felony. A person

3 may not apply to the Board for a certificate of eligibility

4 for expungement:

5 (A) if convicted of:

6 (i) a sex offense described in Article 11 or

7 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

8 the Criminal Code of 1961 or Criminal Code of 2012;

9 (ii) an offense under the Criminal Code of 1961

10 or Criminal Code of 2012 involving a firearm; or

11 (iii) a crime of violence as defined in Section

12 2 of the Crime Victims Compensation Act; or

13 (B) if the person has not served in the United

14 States Armed Forces or National Guard of this or any

15 other state or has not received an honorable discharge

16 from the United States Armed Forces or National Guard

17 of this or any other state or who at the time of the

18 filing of the petition is serving in the United States

19 Armed Forces or National Guard of this or any other

20 state and has not completed one tour of duty.

21 If a person has applied to the Board for a certificate

22 of eligibility for expungement and the Board denies the

23 certificate, the person must wait at least 4 years before

24 filing again or filing for a pardon with authorization for

25 expungement from the Governor unless the Governor or

26 Chairman of the Prisoner Review Board grants a waiver.

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1 (a-5) The Prisoner Review Board, with the cooperation of

2 and in coordination with the Department of Corrections and the

3 Department of Central Management Services, shall implement a

4 pilot project in 3 correctional institutions providing for the

5 conduct of hearings under paragraphs (1) and (4) of subsection

6 (a) of this Section through interactive video conferences. The

7 project shall be implemented within 6 months after the

8 effective date of this amendatory Act of 1996. Within 6 months

9 after the implementation of the pilot project, the Prisoner

10 Review Board, with the cooperation of and in coordination with

11 the Department of Corrections and the Department of Central

12 Management Services, shall report to the Governor and the

13 General Assembly regarding the use, costs, effectiveness, and

14 future viability of interactive video conferences for Prisoner

15 Review Board hearings.

16 (b) Upon recommendation of the Department the Board may

17 restore sentence credit previously revoked.

18 (c) The Board shall cooperate with the Department in

19 promoting an effective system of parole, aftercare release, and

20 mandatory supervised release.

21 (d) The Board shall promulgate rules for the conduct of its

22 work, and the Chairman shall file a copy of such rules and any

23 amendments thereto with the Director and with the Secretary of

24 State.

25 (e) The Board shall keep records of all of its official

26 actions and shall make them accessible in accordance with law

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1 and the rules of the Board.

2 (f) The Board or one who has allegedly violated the

3 conditions of his or her parole, aftercare release, or

4 mandatory supervised release may require by subpoena the

5 attendance and testimony of witnesses and the production of

6 documentary evidence relating to any matter under

7 investigation or hearing. The Chairman of the Board may sign

8 subpoenas which shall be served by any agent or public official

9 authorized by the Chairman of the Board, or by any person

10 lawfully authorized to serve a subpoena under the laws of the

11 State of Illinois. The attendance of witnesses, and the

12 production of documentary evidence, may be required from any

13 place in the State to a hearing location in the State before

14 the Chairman of the Board or his or her designated agent or

15 agents or any duly constituted Committee or Subcommittee of the

16 Board. Witnesses so summoned shall be paid the same fees and

17 mileage that are paid witnesses in the circuit courts of the

18 State, and witnesses whose depositions are taken and the

19 persons taking those depositions are each entitled to the same

20 fees as are paid for like services in actions in the circuit

21 courts of the State. Fees and mileage shall be vouchered for

22 payment when the witness is discharged from further attendance.

23 In case of disobedience to a subpoena, the Board may

24 petition any circuit court of the State for an order requiring

25 the attendance and testimony of witnesses or the production of

26 documentary evidence or both. A copy of such petition shall be

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1 served by personal service or by registered or certified mail

2 upon the person who has failed to obey the subpoena, and such

3 person shall be advised in writing that a hearing upon the

4 petition will be requested in a court room to be designated in

5 such notice before the judge hearing motions or extraordinary

6 remedies at a specified time, on a specified date, not less

7 than 10 nor more than 15 days after the deposit of the copy of

8 the written notice and petition in the U.S. mails addressed to

9 the person at his last known address or after the personal

10 service of the copy of the notice and petition upon such

11 person. The court upon the filing of such a petition, may order

12 the person refusing to obey the subpoena to appear at an

13 investigation or hearing, or to there produce documentary

14 evidence, if so ordered, or to give evidence relative to the

15 subject matter of that investigation or hearing. Any failure to

16 obey such order of the circuit court may be punished by that

17 court as a contempt of court.

18 Each member of the Board and any hearing officer designated

19 by the Board shall have the power to administer oaths and to

20 take the testimony of persons under oath.

21 (g) Except under subsection (a) of this Section, a majority

22 of the members then appointed to the Prisoner Review Board

23 shall constitute a quorum for the transaction of all business

24 of the Board.

25 (h) The Prisoner Review Board shall annually transmit to

26 the Director a detailed report of its work for the preceding

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1 calendar year. The annual report shall also be transmitted to

2 the Governor for submission to the Legislature.

3 (i) The Prisoner Review Board may grant participation in

4 the Elderly Rehabilitated Prisoner Sentence Modification

5 Program in accordance with Section 5-8-1.4.

6 (Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13;

7 97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff.

8 1-1-14; revised 8-28-13.)

9 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

10 Sec. 5-8-1. Natural life imprisonment; enhancements for

11 use of a firearm; mandatory supervised release terms.

12 (a) Except as otherwise provided in the statute defining

13 the offense or in Article 4.5 of Chapter V and except as

14 otherwise provided in Section 5-8-1.4, a sentence of

15 imprisonment for a felony shall be a determinate sentence set

16 by the court under this Section, according to the following

17 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

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1 Criminal Code of 1961 or the Criminal Code of 2012 are

2 present, the court may sentence the defendant to a term

3 of natural life imprisonment, or

4 (c) the court shall sentence the defendant to a

5 term of natural life imprisonment when the death

6 penalty is not imposed if the defendant,

7 (i) has previously been convicted of first

8 degree murder under any state or federal law, or

9 (ii) is a person who, at the time of the

10 commission of the murder, had attained the age of

11 17 or more and is found guilty of murdering an

12 individual under 12 years of age; or, irrespective

13 of the defendant's age at the time of the

14 commission of the offense, is found guilty of

15 murdering more than one victim, or

16 (iii) is found guilty of murdering a peace

17 officer, fireman, or emergency management worker

18 when the peace officer, fireman, or emergency

19 management worker was killed in the course of

20 performing his official duties, or to prevent the

21 peace officer or fireman from performing his

22 official duties, or in retaliation for the peace

23 officer, fireman, or emergency management worker

24 from performing his official duties, and the

25 defendant knew or should have known that the

26 murdered individual was a peace officer, fireman,

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1 or emergency management worker, or

2 (iv) is found guilty of murdering an employee

3 of an institution or facility of the Department of

4 Corrections, or any similar local correctional

5 agency, when the employee was killed in the course

6 of performing his official duties, or to prevent

7 the employee from performing his official duties,

8 or in retaliation for the employee performing his

9 official duties, or

10 (v) is found guilty of murdering an emergency

11 medical technician - ambulance, emergency medical

12 technician - intermediate, emergency medical

13 technician - paramedic, ambulance driver or other

14 medical assistance or first aid person while

15 employed by a municipality or other governmental

16 unit when the person was killed in the course of

17 performing official duties or to prevent the

18 person from performing official duties or in

19 retaliation for performing official duties and the

20 defendant knew or should have known that the

21 murdered individual was an emergency medical

22 technician - ambulance, emergency medical

23 technician - intermediate, emergency medical

24 technician - paramedic, ambulance driver, or other

25 medical assistant or first aid personnel, or

26 (vi) is a person who, at the time of the

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1 commission of the murder, had not attained the age

2 of 17, and is found guilty of murdering a person

3 under 12 years of age and the murder is committed

4 during the course of aggravated criminal sexual

5 assault, criminal sexual assault, or aggravated

6 kidnaping, or

7 (vii) is found guilty of first degree murder

8 and the murder was committed by reason of any

9 person's activity as a community policing

10 volunteer or to prevent any person from engaging in

11 activity as a community policing volunteer. For

12 the purpose of this Section, "community policing

13 volunteer" has the meaning ascribed to it in

14 Section 2-3.5 of the Criminal Code of 2012.

15 For purposes of clause (v), "emergency medical

16 technician - ambulance", "emergency medical technician -

17 intermediate", "emergency medical technician -

18 paramedic", have the meanings ascribed to them in the

19 Emergency Medical Services (EMS) Systems Act.

20 (d) (i) if the person committed the offense while

21 armed with a firearm, 15 years shall be added to

22 the term of imprisonment imposed by the court;

23 (ii) if, during the commission of the offense,

24 the person personally discharged a firearm, 20

25 years shall be added to the term of imprisonment

26 imposed by the court;

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1 (iii) if, during the commission of the

2 offense, the person personally discharged a

3 firearm that proximately caused great bodily harm,

4 permanent disability, permanent disfigurement, or

5 death to another person, 25 years or up to a term

6 of natural life shall be added to the term of

7 imprisonment imposed by the court.

8 (2) (blank);

9 (2.5) for a person convicted under the circumstances

10 described in subdivision (b)(1)(B) of Section 11-1.20 or

11 paragraph (3) of subsection (b) of Section 12-13,

12 subdivision (d)(2) of Section 11-1.30 or paragraph (2) of

13 subsection (d) of Section 12-14, subdivision (b)(1.2) of

14 Section 11-1.40 or paragraph (1.2) of subsection (b) of

15 Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or

16 paragraph (2) of subsection (b) of Section 12-14.1 of the

17 Criminal Code of 1961 or the Criminal Code of 2012, the

18 sentence shall be a term of natural life imprisonment.

19 (b) (Blank).

20 (c) (Blank).

21 (d) Subject to earlier termination under Section 3-3-8, the

22 parole or mandatory supervised release term shall be written as

23 part of the sentencing order and shall be as follows:

24 (1) for first degree murder or a Class X felony except

25 for the offenses of predatory criminal sexual assault of a

26 child, aggravated criminal sexual assault, and criminal

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1 sexual assault if committed on or after the effective date

2 of this amendatory Act of the 94th General Assembly and

3 except for the offense of aggravated child pornography

4 under Section 11-20.1B, 11-20.3, or 11-20.1 with

5 sentencing under subsection (c-5) of Section 11-20.1 of the

6 Criminal Code of 1961 or the Criminal Code of 2012, if

7 committed on or after January 1, 2009, 3 years;

8 (2) for a Class 1 felony or a Class 2 felony except for

9 the offense of criminal sexual assault if committed on or

10 after the effective date of this amendatory Act of the 94th

11 General Assembly and except for the offenses of manufacture

12 and dissemination of child pornography under clauses

13 (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code

14 of 1961 or the Criminal Code of 2012, if committed on or

15 after January 1, 2009, 2 years;

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

17 (4) for defendants who commit the offense of predatory

18 criminal sexual assault of a child, aggravated criminal

19 sexual assault, or criminal sexual assault, on or after the

20 effective date of this amendatory Act of the 94th General

21 Assembly, or who commit the offense of aggravated child

22 pornography under Section 11-20.1B, 11-20.3, or 11-20.1

23 with sentencing under subsection (c-5) of Section 11-20.1

24 of the Criminal Code of 1961 or the Criminal Code of 2012,

25 manufacture of child pornography, or dissemination of

26 child pornography after January 1, 2009, the term of

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1 mandatory supervised release shall range from a minimum of

2 3 years to a maximum of the natural life of the defendant;

3 (5) if the victim is under 18 years of age, for a

4 second or subsequent offense of aggravated criminal sexual

5 abuse or felony criminal sexual abuse, 4 years, at least

6 the first 2 years of which the defendant shall serve in an

7 electronic home detention program under Article 8A of

8 Chapter V of this Code;

9 (6) for a felony domestic battery, aggravated domestic

10 battery, stalking, aggravated stalking, and a felony

11 violation of an order of protection, 4 years.

12 (e) (Blank).

13 (f) (Blank).

14 (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;

15 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.

16 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109,

17 eff. 1-1-13; 97-1150, eff. 1-25-13.)

18 (730 ILCS 5/5-8-1.4 new)

19 Sec. 5-8-1.4. Elderly Rehabilitated Prisoner Sentence

20 Modification Program.

21 (a) A committed person as defined in subsection (c) of

22 Section 3-1-2 of this Code who is at least 50 years of age and

23 who has served at least 25 consecutive years of imprisonment in

24 a Department of Corrections institution or facility may

25 petition the Prisoner Review Board ("Board") for participation

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1 in the Elderly Rehabilitated Prisoner Sentence Modification

2 Program ("Program") as provided in this Section. If the

3 committed person files the petition, the victims and the

4 families of the victims of the committed person's offenses

5 shall be notified in a timely manner after the filing of the

6 petition.

7 (b) The petition shall contain:

8 (1) a statement by the committed person explaining why

9 he or she is entitled to participate in the Program;

10 (2) documentation of the committed person's relevant

11 medical history, including current medical prognosis;

12 (3) the committed person's prison and criminal

13 history. The criminal history shall include any claims of

14 innocence and the degree of the committed person's

15 responsibility for his or her convictions and if the claims

16 of responsibility have impacted the committed person's

17 feeling of remorse;

18 (4) documentation of the committed person's

19 participation in prison programs and jobs; and

20 (5) the committed person's plans for reentry,

21 including information about where the person will live, how

22 the person will be supported financially, and any plans for

23 the person's ongoing medical care if the care is necessary.

24 (c) The Board shall render its decision about the committed

25 person's petition within a reasonable time after the petition

26 has been filed. In deciding whether to grant or deny the

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1 petitioner participation in the Program, the Board shall

2 consider whether the petitioner documents and demonstrates the

3 following:

4 (1) successful participation in programs designed to

5 restore the committed person to a useful and productive

6 life upon release (including educational programs and

7 programs designed to deal with substance abuse or other

8 issues) and, if those programs are not available,

9 information demonstrating that the committed person has

10 attempted to participate in those programs or has engaged

11 in self-education programs, correspondence courses, or

12 other self-improvement efforts;

13 (2) the genuine reform and changed behavior the

14 committed person has demonstrated over a period of years;

15 (3) the committed person's remorse for actions that

16 have caused pain and suffering to victims of his or her

17 offenses;

18 (4) the committed person's ability to socialize with

19 others in an acceptable manner;

20 (5) the committed person's renunciation of criminal

21 activity and gang affiliation if the committed person was a

22 member of a gang; and

23 (6) an appropriate plan for living arrangements,

24 financial support, and any medical care that will be needed

25 when the committed person returns to society.

26 (d) The Board shall consider the petition in its entirety

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1 and shall not order the release of the committed person if it

2 finds that the committed person poses a threat to public

3 safety. If the Board determines that a committed person is

4 eligible for participation in the Program and that the

5 committed person should participate in the Program, the Board

6 shall set the conditions for the committed person's release

7 from prison before the expiration of his or her sentence. When

8 granting participation in the Program, the Board may require

9 the committed person, for a period of time upon release, to

10 participate in community service or to wear an electronic

11 monitoring device, or both.

12 (e) A petition for participation in the Program under the

13 provisions of this Section may be submitted annually, except

14 that if the Board denies a petition, it may order that the

15 committed person may not file a new petition for up to 3 years

16 from the date of denial, if the Board finds that it is not

17 reasonable to expect that it would grant a petition filed

18 earlier.

19 (f) The action of a majority of the Board members voting on

20 the petition shall be the action of the Board.