2005 Illinois 730 ILCS 5/ Unified Code of Corrections. Article 5.5 - Discretionary Relief From Forfeitures And Disabilities Automatically Imposed By Law
(730 ILCS 5/Ch. V Art. 5.5 heading) ARTICLE 5.5. DISCRETIONARY RELIEF FROM FORFEITURES AND DISABILITIES AUTOMATICALLY IMPOSED BY LAW
(730 ILCS 5/5‑5.5‑5) Sec. 5‑5.5‑5. Definitions and rules of construction. In this Article: "Eligible offender" means a person who has been
convicted of a crime or of an offense that is not a crime of violence as
defined in Section 2 of the Crime Victims Compensation Act, a Class X or
a nonprobationable offense, or a violation of Article 11 or Article 12 of the
Criminal Code of 1961, but who has not been convicted more than once of a
felony. "Felony" means a conviction of a felony in this State, or
of an offense in any other jurisdiction for which a sentence to a
term of imprisonment in excess of one year, was authorized. For the purposes of this Article the following rules of construction apply: (i) two or more convictions of felonies charged in
separate counts of one indictment or information shall be deemed to be one conviction;
(ii) two or more convictions of felonies charged in
2 or more indictments or informations, filed in the same court prior to entry of judgment under any of them, shall be deemed to be one conviction; and
(iii) a plea or a verdict of guilty upon which a
sentence of probation, conditional discharge, or supervision has been imposed shall be deemed to be a conviction.
(Source: P.A. 93‑207, eff. 1‑1‑04.)
(730 ILCS 5/5‑5.5‑10) Sec. 5‑5.5‑10. Certificate of relief from disabilities. (a) A certificate of relief from disabilities does not, however, in
any way prevent any judicial proceeding, administrative, licensing, or other
body,
board, or authority from relying upon the conviction specified in the
certificate as the basis for the exercise of its discretionary power to
suspend, revoke, or refuse to issue or refuse to renew any license, permit,
or other authority or privilege. (b) A certificate of relief from disabilities shall not limit or prevent the
introduction of evidence of a prior conviction for purposes of impeachment of a
witness in a judicial or other proceeding where otherwise authorized by the
applicable rules of evidence. (Source: P.A. 93‑207, eff. 1‑1‑04.)
(730 ILCS 5/5‑5.5‑15) Sec. 5‑5.5‑15. Certificates of relief from disabilities issued by courts. (a) Any circuit court of this State may, in its discretion, issue a
certificate of
relief from disabilities to an eligible offender for a conviction that
occurred in that court if the court imposed a sentence other than one
executed by commitment to an institution under the Department of
Corrections. The certificate may be issued (i) at the time
sentence is pronounced, in which case it may grant relief from
disabilities, or (ii) at any time
thereafter, in which case it shall apply only to disabilities. (b) The certificate may not be issued by the court unless the court
is satisfied that: (1) the person to whom it is to be granted is an
eligible offender, as defined in Section 5‑5.5‑5;
(2) the relief to be granted by the certificate is
consistent with the rehabilitation of the eligible offender; and
(3) the relief to be granted by the certificate is
consistent with the public interest.
(c) If a certificate of relief from disabilities is not issued at
the time sentence is pronounced it shall only be issued thereafter upon
verified application to the court. The court may, for the purpose of
determining whether the certificate shall be issued, request the
probation or court services department to conduct an investigation of the
applicant. Any probation officer
requested to make an investigation under this Section shall
prepare and submit to the court a written report in accordance with the
request. (d) Any court that has issued a certificate of relief from disabilities
may at any time issue a new certificate to enlarge the relief previously
granted provided that the provisions of clauses (1)
through (3) of subsection (b) of this Section apply to the issuance of
any such new certificate. (e) Any written report submitted to the court under this Section
is confidential and may not be made available to any person or public or
private agency except if specifically required or permitted by
statute or upon specific authorization of the court. However, it shall
be made available by the court for examination by the applicant's
attorney, or the applicant himself or herself, if he or she has no attorney. In
its discretion, the court may except from disclosure a part or parts of the
report that are not relevant to the granting of a certificate, or
sources of information which have been obtained on a promise of
confidentiality, or any other portion of the report, disclosure of which
would not be in the interest of justice. The action of the court excepting
information from disclosure shall be subject to appellate review. The
court, in its discretion, may hold a conference in open court or in
chambers to afford an applicant an opportunity to controvert or to
comment upon any portions of the report. The court may also conduct a
summary hearing at the conference on any matter relevant to the granting
of the application and may take testimony under oath. (Source: P.A. 93‑207, eff. 1‑1‑04.)
(730 ILCS 5/5‑5.5‑20) Sec. 5‑5.5‑20. Certificates of relief from disabilities issued by the
Prisoner Review Board. (a) The Prisoner Review Board shall have the power to issue a
certificate of relief from disabilities to: (1) any eligible offender who has been committed to
an institution under the jurisdiction of the Department of Corrections. The certificate may be issued by the Board at the time the offender is released from the institution under the conditions of parole or mandatory supervised release or at any time thereafter; or
(2) any eligible offender who resides within this
State and whose judgment of conviction was rendered by a court in any other jurisdiction.
(b) If the Prisoner Review Board has issued a certificate of relief from
disabilities, the Board may at any time issue a new certificate enlarging
the relief previously granted. (c) The Prisoner Review Board may not issue any certificate of relief
from disabilities under subsections (a) or (b), unless the Board is
satisfied that: (1) the person to whom it is to be granted is an
eligible offender, as defined in Section 5‑5.5‑5;
(2) the relief to be granted by the certificate is
consistent with the rehabilitation of the eligible offender; and
(3) the relief to be granted by the certificate is
consistent with the public interest.
(d) Any certificate of relief from disabilities issued by the Prisoner
Review Board to an eligible offender, who at time of the issuance of
the certificate is under the conditions of parole or mandatory supervised
release established by the Board, shall be deemed to be a
temporary certificate until such time as the eligible offender is
discharged from parole or mandatory supervised release, and, while
temporary, the certificate may be revoked by the Board for violation of
the conditions of parole or mandatory supervised release. Revocation
shall be upon notice to the parolee or releasee, who
shall be accorded an opportunity to explain the violation prior to a decision
on the revocation of the certificate. If the certificate is not so revoked, it
shall
become a permanent certificate upon expiration or termination of the
offender's parole or mandatory supervised release term. (e) In granting or revoking a certificate of relief from disabilities, the
action of the Prisoner Review Board shall be by unanimous vote of the
members authorized to grant or revoke parole
or mandatory supervised release. (f) The certificate may be limited to one or more enumerated
disabilities or bars, or may relieve the individual of all
disabilities and bars. (Source: P.A. 93‑207, eff. 1‑1‑04.)
(730 ILCS 5/5‑5.5‑25) Sec. 5‑5.5‑25. Certificate of good conduct. (a) A certificate of good conduct may be granted as provided in this
Section to an eligible offender as defined in Section 5‑5.5‑5 of this Code
who has demonstrated that he or she has been a law‑abiding citizen and is fully
rehabilitated. (b) (i) A certificate of good conduct may not, however,
in any way prevent any judicial proceeding, administrative, licensing, or other body, board, or authority from considering the conviction specified in the certificate.
(ii) A certificate of good conduct shall not limit
or prevent the introduction of evidence of a prior conviction for purposes of impeachment of a witness in a judicial or other proceeding where otherwise authorized by the applicable rules of evidence.
(Source: P.A. 93‑207, eff. 1‑1‑04.)
(730 ILCS 5/5‑5.5‑30) Sec. 5‑5.5‑30. Issuance of certificate of good conduct. (a) The Prisoner Review Board, or any 3 members of the Board by
unanimous vote, shall have the power to issue a certificate of good
conduct to any eligible offender previously convicted of a crime in this State,
when
the Board is satisfied that: (1) the applicant has conducted himself or herself
in a manner warranting the issuance for a minimum period in accordance with the provisions of subsection (c) of this Section;
(2) the relief to be granted by the certificate is
consistent with the rehabilitation of the applicant; and
(3) the relief to be granted is consistent with the
public interest.
(b) The Prisoner Review Board, or any 3 members of the Board by
unanimous vote, shall have the power to issue a certificate of good
conduct to any person previously convicted of a crime in any other
jurisdiction, when the Board is satisfied that
the provisions of paragraphs (1), (2), and (3) of subsection (a) of
this Section have been met. (c) The minimum period of good conduct by the individual referred to
in paragraph (1) of subsection (a) of this Section, shall be as follows:
if the most serious crime of which the individual was convicted is a
misdemeanor, the minimum period of good conduct shall be one year; if
the most serious crime of which the individual was convicted is a Class 1,
2, 3, or 4 felony, the minimum period of good conduct shall be 3 years.
Criminal acts committed outside the State
shall be classified as acts committed within the State based on the
maximum sentence that could have been imposed based upon the
conviction under the laws of the foreign jurisdiction. The minimum
period of good conduct by the individual shall be measured either from
the date of the payment of any fine imposed upon him or her, or from the
date of his or her release from custody by parole, mandatory supervised
release or commutation or termination of his or her sentence.
The Board shall have power and it shall be its duty to investigate all
persons when the application is made and to grant or deny the same
within a reasonable time after the making of the application. (d) If the Prisoner Review Board has issued a certificate of good
conduct, the Board may at any time issue a new certificate enlarging the
relief previously granted. (e) Any certificate of good conduct by the Prisoner Review Board to
an individual who at the time of the issuance of the certificate is under the
conditions of parole or mandatory supervised release imposed by the
Board shall be deemed to be a temporary certificate until the time as the
individual is discharged from the terms of parole or mandatory
supervised release, and, while temporary, the certificate may be
revoked by the Board for violation of the conditions of parole or
mandatory supervised release. Revocation shall be upon
notice to the parolee or releasee, who shall be accorded an opportunity to
explain the violation prior to a decision on the revocation. If the certificate
is not so revoked, it shall become a permanent certificate upon expiration
or termination of the offender's parole or mandatory supervised release term. (Source: P.A. 93‑207, eff. 1‑1‑04.)
(730 ILCS 5/5‑5.5‑35) Sec. 5‑5.5‑35. Effect of revocation; use of revoked certificate. (a) If a certificate of relief from disabilities is deemed to
be temporary and the certificate is revoked, disabilities and
forfeitures thereby relieved shall be reinstated as of the date
upon which the person to whom the certificate was issued receives
written notice of the revocation. Any such person shall upon
receipt of the notice surrender the certificate to the issuing
court or Board. (b) A person who knowingly uses or attempts to use a revoked
certificate of relief from disabilities in order to obtain or to
exercise any right or privilege that he or she would not be entitled to
obtain or to exercise without a valid certificate is guilty
of a Class A misdemeanor. (Source: P.A. 93‑207, eff. 1‑1‑04.)
(730 ILCS 5/5‑5.5‑40) Sec. 5‑5.5‑40. Forms and filing. (a) All applications, certificates, and orders of
revocation necessary for the purposes of this Article shall be upon forms
prescribed under an agreement among the Director of Corrections and
the Chairman of the Prisoner Review Board and the
Chief Justice of the Supreme Court or his or her designee. The forms
relating to certificates of relief from disabilities shall be distributed by
the Director of the Division of Probation Services and forms relating to
certificates of good conduct shall be distributed by the Chairman of the
Prisoner Review Board. (b) Any court or board issuing or revoking any certificate under
this Article shall immediately file a copy of the certificate or of the
order of revocation with the Director of State Police. (Source: P.A. 93‑207, eff. 1‑1‑04.)
(730 ILCS 5/5‑5.5‑45) Sec. 5‑5.5‑45. Certificate not to be deemed to be a pardon. Nothing contained in this Article shall be deemed to alter or
limit or affect the manner of applying for pardons to the
Governor, and no certificate issued under this Article shall be deemed or
construed to be a pardon. (Source: P.A. 93‑207, eff. 1‑1‑04.)
(730 ILCS 5/5‑5.5‑50) Sec. 5‑5.5‑50. Report. The Department of Professional Regulation
shall report to the General
Assembly by November 30 of each year, for each occupational licensure category,
the number of licensure applicants with felony convictions, the number of
applicants with certificates of relief from disabilities, the number of
licenses awarded
to applicants with felony convictions, the number of licenses awarded to
applicants with certificates of relief from disabilities, the number of
applicants with
felony convictions denied licenses, and the number of applicants with
certificates of relief from disabilities denied licenses. (Source: P.A. 93‑207, eff. 1‑1‑04.)
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