(730 ILCS 5/3‑3‑2) (from Ch. 38, par. 1003‑3‑2)
Sec. 3‑3‑2. Powers and Duties.
(a) The Parole and Pardon Board is abolished and the term "Parole and
Pardon Board" as used in any law of Illinois, shall read "Prisoner Review
Board." After the effective date of this amendatory Act of 1977, the
Prisoner Review Board shall provide by rule for the orderly transition of
all files, records, and documents of the Parole and Pardon Board and for
such other steps as may be necessary to effect an orderly transition and shall:
(1) hear by at least one member and through a panel
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of at least 3 members decide, cases of prisoners who were sentenced under the law in effect prior to the effective date of this amendatory Act of 1977, and who are eligible for parole;
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(2) hear by at least one member and through a panel
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of at least 3 members decide, the conditions of parole and the time of discharge from parole, impose sanctions for violations of parole, and revoke parole for those sentenced under the law in effect prior to this amendatory Act of 1977; provided that the decision to parole and the conditions of parole for all prisoners who were sentenced for first degree murder or who received a minimum sentence of 20 years or more under the law in effect prior to February 1, 1978 shall be determined by a majority vote of the Prisoner Review Board;
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(3) hear by at least one member and through a panel
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of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under the law in effect after the effective date of this amendatory Act of 1977;
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(3.5) hear by at least one member and through a panel
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of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, to impose sanctions for violations of mandatory supervised release and revoke mandatory supervised release for those serving extended supervised release terms pursuant to paragraph (4) of subsection (d) of Section 5‑8‑1;
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(4) hear by at least 1 member and through a panel of
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at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for alleged violation of Department rules with respect to good conduct credits pursuant to Section 3‑6‑3 of this Code in which the Department seeks to revoke good conduct credits, if the amount of time at issue exceeds 30 days or when, during any 12 month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In such cases, the Department of Corrections may revoke up to 30 days of good conduct credit. The Board may subsequently approve the revocation of additional good conduct credit, if the Department seeks to revoke good conduct credit in excess of thirty days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of good conduct credit for any prisoner or to increase any penalty beyond the length requested by the Department;
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(5) hear by at least one member and through a panel
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of at least 3 members decide, the release dates for certain prisoners sentenced under the law in existence prior to the effective date of this amendatory Act of 1977, in accordance with Section 3‑3‑2.1 of this Code;
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(6) hear by at least one member and through a panel
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of at least 3 members decide, all requests for pardon, reprieve or commutation, and make confidential recommendations to the Governor;
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(7) comply with the requirements of the Open Parole
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(8) hear by at least one member and, through a panel
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of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for court dismissal of a frivolous lawsuit pursuant to Section 3‑6‑3(d) of this Code in which the Department seeks to revoke up to 180 days of good conduct credit, and if the prisoner has not accumulated 180 days of good conduct credit at the time of the dismissal, then all good conduct credit accumulated by the prisoner shall be revoked; and
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(9) hear by at least 3 members, and, through a panel
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of at least 3 members, decide whether to grant certificates of relief from disabilities or certificates of good conduct as provided in Article 5.5 of Chapter V.
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(a‑5) The Prisoner Review Board, with the cooperation of and in
coordination with the Department of Corrections and the Department of Central
Management Services, shall implement a pilot project in 3 correctional
institutions providing for the conduct of hearings under paragraphs (1) and
(4)
of subsection (a) of this Section through interactive video conferences.
The
project shall be implemented within 6 months after the effective date of this
amendatory Act of 1996. Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the cooperation of and in coordination
with the Department of Corrections and the Department of Central Management
Services, shall report to the Governor and the General Assembly regarding the
use, costs, effectiveness, and future viability of interactive video
conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may restore good
conduct credit previously revoked.
(c) The Board shall cooperate with the Department in promoting an
effective system of parole and mandatory supervised release.
(d) The Board shall promulgate rules for the conduct of its work,
and the Chairman shall file a copy of such rules and any amendments
thereto with the Director and with the Secretary of State.
(e) The Board shall keep records of all of its official actions and
shall make them accessible in accordance with law and the rules of the
Board.
(f) The Board or one who has allegedly violated the conditions of
his parole or mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of documentary
evidence relating to any matter under investigation or hearing. The
Chairman of the Board may sign subpoenas which shall be served by any
agent or public official authorized by the Chairman of the Board, or by
any person lawfully authorized to serve a subpoena under the laws of the
State of Illinois. The attendance of witnesses, and the production of
documentary evidence, may be required from any place in the State to a
hearing location in the State before the Chairman of the Board or his
designated agent or agents or any duly constituted Committee or
Subcommittee of the Board. Witnesses so summoned shall be paid the same
fees and mileage that are paid witnesses in the circuit courts of the
State, and witnesses whose depositions are taken and the persons taking
those depositions are each entitled to the same fees as are paid for
like services in actions in the circuit courts of the State. Fees and
mileage shall be vouchered for payment when the witness is discharged
from further attendance.
In case of disobedience to a subpoena, the Board may petition any
circuit court of the State for an order requiring the attendance and
testimony of witnesses or the production of documentary evidence or
both. A copy of such petition shall be served by personal service or by
registered or certified mail upon the person who has failed to obey the
subpoena, and such person shall be advised in writing that a hearing
upon the petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary remedies
at a specified time, on a specified date, not less than 10 nor more than
15 days after the deposit of the copy of the written notice and petition
in the U.S. mails addressed to the person at his last known address or
after the personal service of the copy of the notice and petition upon
such person. The court upon the filing of such a petition, may order the
person refusing to obey the subpoena to appear at an investigation or
hearing, or to there produce documentary evidence, if so ordered, or to
give evidence relative to the subject matter of that investigation or
hearing. Any failure to obey such order of the circuit court may be
punished by that court as a contempt of court.
Each member of the Board and any hearing officer designated by the
Board shall have the power to administer oaths and to take the testimony
of persons under oath.
(g) Except under subsection (a) of this Section, a majority of the
members then appointed to the Prisoner Review Board shall constitute a
quorum for the transaction of all business of the Board.
(h) The Prisoner Review Board shall annually transmit to the
Director a detailed report of its work for the preceding calendar year.
The annual report shall also be transmitted to the Governor for
submission to the Legislature.
(Source: P.A. 93‑207, eff. 1‑1‑04; 94‑165, eff. 7‑11‑05.)
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(730 ILCS 5/3‑3‑7) (from Ch. 38, par. 1003‑3‑7)
(Text of Section from P.A. 94‑159)
Sec. 3‑3‑7. Conditions of Parole or Mandatory Supervised Release.
(a) The conditions of parole or mandatory
supervised release shall be such as the Prisoner Review
Board deems necessary to assist the subject in leading a
law‑abiding life. The conditions of every parole and mandatory
supervised release are that the subject:
(1) not violate any criminal statute of any
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jurisdiction during the parole or release term;
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(2) refrain from possessing a firearm or other
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(3) report to an agent of the Department of
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(4) permit the agent to visit him or her at his or
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her home, employment, or elsewhere to the extent necessary for the agent to discharge his or her duties;
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(5) attend or reside in a facility established for
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the instruction or residence of persons on parole or mandatory supervised release;
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(6) secure permission before visiting or writing a
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committed person in an Illinois Department of Corrections facility;
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(7) report all arrests to an agent of the Department
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of Corrections as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody;
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(7.5) if convicted of a sex offense as defined in the
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Sex Offender Management Board Act, the individual shall undergo and successfully complete sex offender treatment conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment provider approved by the Board;
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(8) obtain permission of an agent of the Department
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of Corrections before leaving the State of Illinois;
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(9) obtain permission of an agent of the Department
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of Corrections before changing his or her residence or employment;
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(10) consent to a search of his or her person,
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property, or residence under his or her control;
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(11) refrain from the use or possession of narcotics
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or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the Department of Corrections;
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(12) not frequent places where controlled substances
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are illegally sold, used, distributed, or administered;
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(13) not knowingly associate with other persons on
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parole or mandatory supervised release without prior written permission of his or her parole agent and not associate with persons who are members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
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(14) provide true and accurate information, as it
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relates to his or her adjustment in the community while on parole or mandatory supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections;
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(15) follow any specific instructions provided by the
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parole agent that are consistent with furthering conditions set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention, to achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public. These instructions by the parole agent may be modified at any time, as the agent deems appropriate; and
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(16) if convicted of a sex offense as defined in
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subsection (a‑5) of Section 3‑1‑2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non‑familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.
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(b) The Board may in addition to other conditions
require that the subject:
(1) work or pursue a course of study or vocational
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(2) undergo medical or psychiatric treatment, or
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treatment for drug addiction or alcoholism;
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(3) attend or reside in a facility established for
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the instruction or residence of persons on probation or parole;
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(4) support his dependents;
(5) (blank);
(6) (blank);
(7) comply with the terms and conditions of an order
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of protection issued pursuant to the Illinois Domestic Violence Act of 1986, enacted by the 84th General Assembly, or an order of protection issued by the court of another state, tribe, or United States territory; and
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(8) in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non‑residential program for youth;
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(iv) contribute to his own support at home or in
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(b‑1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
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(3) notify third parties of the risks that
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may be occasioned by his or her criminal record;
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(4) obtain the approval of an agent of the Department
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of Corrections prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
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(5) not be employed or participate in any
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volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department of Corrections;
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(6) be electronically monitored for a minimum of 12
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months from the date of release as determined by the Board;
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(7) refrain from entering into a designated
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geographic area except upon terms approved in advance by an agent of the Department of Corrections. The terms may include consideration of the purpose of the entry, the time of day, and others accompanying the person;
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(8) refrain from having any contact, including
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written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department of Corrections;
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(9) refrain from all contact, directly or
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indirectly, personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department of Corrections;
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(10) neither possess or have under his or her
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control any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
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(11) not patronize any business providing
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sexually stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
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(12) not reside near, visit, or be in or about
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parks, schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;
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(13) not possess or have under his or her control
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certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department of Corrections;
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(14) may be required to provide a written daily log
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of activities if directed by an agent of the Department of Corrections;
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(15) comply with all other special conditions
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that the Department may impose that restrict the person from high‑risk situations and limit access to potential victims.
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(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his release, and he shall
sign the same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been issued by the
criminal court, shall be retained by the person and another copy forwarded to
the officer in charge of his supervision.
(d) After a hearing under Section 3‑3‑9, the Prisoner
Review Board may modify or enlarge the conditions of parole
or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them
upon release and shall assist inmates in availing themselves
of such optional services upon their release on a voluntary
basis.
(Source: P.A. 93‑616, eff. 1‑1‑04; 93‑865, eff. 1‑1‑05; 94‑159, eff. 7‑11‑05.)
(Text of Section from P.A. 94‑161)
Sec. 3‑3‑7. Conditions of Parole or Mandatory Supervised Release.
(a) The conditions of parole or mandatory
supervised release shall be such as the Prisoner Review
Board deems necessary to assist the subject in leading a
law‑abiding life. The conditions of every parole and mandatory
supervised release are that the subject:
(1) not violate any criminal statute of any
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jurisdiction during the parole or release term;
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(2) refrain from possessing a firearm or other
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(3) report to an agent of the Department of
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(4) permit the agent to visit him or her at his or
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her home, employment, or elsewhere to the extent necessary for the agent to discharge his or her duties;
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(5) attend or reside in a facility established for
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the instruction or residence of persons on parole or mandatory supervised release;
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(6) secure permission before visiting or writing a
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committed person in an Illinois Department of Corrections facility;
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(7) report all arrests to an agent of the Department
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of Corrections as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody;
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(7.5) if convicted of a sex offense as defined in the
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Sex Offender Management Board Act, the individual shall undergo and successfully complete sex offender treatment conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment provider approved by the Board;
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(7.6) if convicted of a sex offense as defined in the
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Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
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(8) obtain permission of an agent of the Department
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of Corrections before leaving the State of Illinois;
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(9) obtain permission of an agent of the Department
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of Corrections before changing his or her residence or employment;
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(10) consent to a search of his or her person,
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property, or residence under his or her control;
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(11) refrain from the use or possession of narcotics
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or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the Department of Corrections;
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(12) not frequent places where controlled substances
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are illegally sold, used, distributed, or administered;
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(13) not knowingly associate with other persons on
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parole or mandatory supervised release without prior written permission of his or her parole agent and not associate with persons who are members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
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(14) provide true and accurate information, as it
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relates to his or her adjustment in the community while on parole or mandatory supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections; and
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(15) follow any specific instructions provided by the
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parole agent that are consistent with furthering conditions set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention, to achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public. These instructions by the parole agent may be modified at any time, as the agent deems appropriate.
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(b) The Board may in addition to other conditions
require that the subject:
(1) work or pursue a course of study or vocational
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(2) undergo medical or psychiatric treatment, or
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treatment for drug addiction or alcoholism;
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(3) attend or reside in a facility established for
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the instruction or residence of persons on probation or parole;
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(4) support his dependents;
(5) (blank);
(6) (blank);
(7) comply with the terms and conditions of an order
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of protection issued pursuant to the Illinois Domestic Violence Act of 1986, enacted by the 84th General Assembly, or an order of protection issued by the court of another state, tribe, or United States territory; and
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(8) in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non‑residential program for youth;
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(iv) contribute to his own support at home or in
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(b‑1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
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(3) notify third parties of the risks that
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may be occasioned by his or her criminal record;
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(4) obtain the approval of an agent of the Department
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of Corrections prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
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(5) not be employed or participate in any
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volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department of Corrections;
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(6) be electronically monitored for a minimum of 12
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months from the date of release as determined by the Board;
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(7) refrain from entering into a designated
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geographic area except upon terms approved in advance by an agent of the Department of Corrections. The terms may include consideration of the purpose of the entry, the time of day, and others accompanying the person;
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(8) refrain from having any contact, including
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written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department of Corrections;
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(9) refrain from all contact, directly or
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indirectly, personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department of Corrections;
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(10) neither possess or have under his or her
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control any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
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(11) not patronize any business providing
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sexually stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
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(12) not reside near, visit, or be in or about
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parks, schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;
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(13) not possess or have under his or her control
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certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department of Corrections;
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(14) may be required to provide a written daily log
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of activities if directed by an agent of the Department of Corrections;
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(15) comply with all other special conditions
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that the Department may impose that restrict the person from high‑risk situations and limit access to potential victims.
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(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his release, and he shall
sign the same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been issued by the
criminal court, shall be retained by the person and another copy forwarded to
the officer in charge of his supervision.
(d) After a hearing under Section 3‑3‑9, the Prisoner
Review Board may modify or enlarge the conditions of parole
or mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them
upon release and shall assist inmates in availing themselves
of such optional services upon their release on a voluntary
basis.
(Source: P.A. 93‑616, eff. 1‑1‑04; 93‑865, eff. 1‑1‑05; 94‑161, eff. 7‑11‑05.)
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(730 ILCS 5/3‑3‑9) (from Ch. 38, par. 1003‑3‑9)
(Text of Section before amendment by P.A. 94‑696, from P.A. 94‑161)
Sec. 3‑3‑9. Violations; changes of conditions; preliminary
hearing; revocation of parole or mandatory supervised release;
revocation hearing.
(a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of parole or
mandatory supervised release under Section 3‑3‑7 of this Code to govern that
term,
the Board may:
(1) continue the existing term, with or without
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modifying or enlarging the conditions; or
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(2) parole or release the person to a half‑way
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(3) revoke the parole or mandatory supervised
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release and reconfine the person for a term computed in the following manner:
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(i) (A) For those sentenced under the law in
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effect prior to this amendatory Act of 1977, the recommitment shall be for any portion of the imposed maximum term of imprisonment or confinement which had not been served at the time of parole and the parole term, less the time elapsed between the parole of the person and the commission of the violation for which parole was revoked;
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(B) For those subject to mandatory supervised
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release under paragraph (d) of Section 5‑8‑1 of this Code, the recommitment shall be for the total mandatory supervised release term, less the time elapsed between the release of the person and the commission of the violation for which mandatory supervised release is revoked. The Board may also order that a prisoner serve up to one year of the sentence imposed by the court which was not served due to the accumulation of good conduct credit.
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(ii) the person shall be given credit against
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the term of reimprisonment or reconfinement for time spent in custody since he was paroled or released which has not been credited against another sentence or period of confinement;
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(iii) persons committed under the Juvenile Court
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Act or the Juvenile Court Act of 1987 shall be recommitted until the age of 21;
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(iv) this Section is subject to the release
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under supervision and the reparole and rerelease provisions of Section 3‑3‑10.
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(b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its expiration.
The issuance of a warrant of arrest for an alleged violation
of the conditions of parole or mandatory supervised release
shall toll the running of the term until the final determination of the
charge, but where parole or mandatory supervised release is not revoked
that period shall be credited to the term.
(b‑5) The Board shall revoke parole or mandatory supervised
release for violation of the conditions prescribed in paragraph (7.6) of subsection (a) of Section 3‑3‑7.
(c) A person charged with violating a condition of parole or
mandatory supervised release shall have a preliminary hearing
before a hearing officer designated by the Board to determine
if there is cause to hold the person for a revocation hearing.
However, no preliminary hearing need be held when revocation is based
upon new criminal charges and a court finds probable cause on the new
criminal charges or when the revocation
is based upon a new criminal conviction and a certified copy of
that conviction is available.
(d) Parole or mandatory supervised release shall not be
revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release charged
against him.
(e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members.
The action of a majority of the panel shall be the action of
the Board. In consideration of persons committed to the Juvenile
Division, the member hearing the matter and at least a majority
of the panel shall be experienced in juvenile matters. A record
of the hearing shall be made. At the hearing the offender shall
be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his behalf.
(f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with
or without modification or enlargement of the conditions.
(g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such failure is
due to the offender's willful refusal to pay.
(Source: P.A. 94‑161, eff. 7‑11‑05.)
(Text of Section before amendment by P.A. 94‑696, from P.A. 94‑165)
Sec. 3‑3‑9. Violations; changes of conditions; preliminary
hearing; revocation of parole or mandatory supervised release;
revocation hearing.
(a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of parole or
mandatory supervised release under Section 3‑3‑7 of this Code to govern that
term,
the Board may:
(1) continue the existing term, with or without
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modifying or enlarging the conditions; or
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(2) parole or release the person to a half‑way
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(3) revoke the parole or mandatory supervised
|
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release and reconfine the person for a term computed in the following manner:
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(i) (A) For those sentenced under the law in
|
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effect prior to this amendatory Act of 1977, the recommitment shall be for any portion of the imposed maximum term of imprisonment or confinement which had not been served at the time of parole and the parole term, less the time elapsed between the parole of the person and the commission of the violation for which parole was revoked;
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(B) Except as set forth in paragraph (C), for
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those subject to mandatory supervised release under paragraph (d) of Section 5‑8‑1 of this Code, the recommitment shall be for the total mandatory supervised release term, less the time elapsed between the release of the person and the commission of the violation for which mandatory supervised release is revoked. The Board may also order that a prisoner serve up to one year of the sentence imposed by the court which was not served due to the accumulation of good conduct credit;
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(C) For those subject to sex offender supervision
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under clause (d)(4) of Section 5‑8‑1 of this Code, the reconfinement period for violations of clauses (a)(3) through (b‑1)(15) of Section 3‑3‑7 shall not exceed 2 years from the date of reconfinement.
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(ii) the person shall be given credit against
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the term of reimprisonment or reconfinement for time spent in custody since he was paroled or released which has not been credited against another sentence or period of confinement;
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(iii) persons committed under the Juvenile Court
|
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Act or the Juvenile Court Act of 1987 shall be recommitted until the age of 21;
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(iv) this Section is subject to the release
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under supervision and the reparole and rerelease provisions of Section 3‑3‑10.
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(b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its expiration.
The issuance of a warrant of arrest for an alleged violation
of the conditions of parole or mandatory supervised release
shall toll the running of the term until the final determination of the
charge, but where parole or mandatory supervised release is not revoked
that period shall be credited to the term.
(c) A person charged with violating a condition of parole or
mandatory supervised release shall have a preliminary hearing
before a hearing officer designated by the Board to determine
if there is cause to hold the person for a revocation hearing.
However, no preliminary hearing need be held when revocation is based
upon new criminal charges and a court finds probable cause on the new
criminal charges or when the revocation
is based upon a new criminal conviction and a certified copy of
that conviction is available.
(d) Parole or mandatory supervised release shall not be
revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release charged
against him.
(e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members.
The action of a majority of the panel shall be the action of
the Board. In consideration of persons committed to the Juvenile
Division, the member hearing the matter and at least a majority
of the panel shall be experienced in juvenile matters. A record
of the hearing shall be made. At the hearing the offender shall
be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his behalf.
(f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with
or without modification or enlargement of the conditions.
(g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such failure is
due to the offender's willful refusal to pay.
(Source: P.A. 94‑165, eff. 7‑11‑05.)
(Text of Section after amendment by P.A. 94‑696)
Sec. 3‑3‑9. Violations; changes of conditions; preliminary
hearing; revocation of parole or mandatory supervised release;
revocation hearing.
(a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of parole or
mandatory supervised release under Section 3‑3‑7 of this Code to govern that
term,
the Board may:
(1) continue the existing term, with or without
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|
modifying or enlarging the conditions; or
|
|
(2) parole or release the person to a half‑way
|
|
|
(3) revoke the parole or mandatory supervised
|
|
release and reconfine the person for a term computed in the following manner:
|
|
(i) (A) For those sentenced under the law in
|
|
effect prior to this amendatory Act of 1977, the recommitment shall be for any portion of the imposed maximum term of imprisonment or confinement which had not been served at the time of parole and the parole term, less the time elapsed between the parole of the person and the commission of the violation for which parole was revoked;
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(B) Except as set forth in paragraph (C), for
|
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those subject to mandatory supervised release under paragraph (d) of Section 5‑8‑1 of this Code, the recommitment shall be for the total mandatory supervised release term, less the time elapsed between the release of the person and the commission of the violation for which mandatory supervised release is revoked. The Board may also order that a prisoner serve up to one year of the sentence imposed by the court which was not served due to the accumulation of good conduct credit;
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(C) For those subject to sex offender supervision
|
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under clause (d)(4) of Section 5‑8‑1 of this Code, the reconfinement period for violations of clauses (a)(3) through (b‑1)(15) of Section 3‑3‑7 shall not exceed 2 years from the date of reconfinement.
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(ii) the person shall be given credit against
|
|
the term of reimprisonment or reconfinement for time spent in custody since he was paroled or released which has not been credited against another sentence or period of confinement;
|
|
(iii) persons committed under the Juvenile Court
|
|
Act or the Juvenile Court Act of 1987 shall be recommitted until the age of 21;
|
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(iv) this Section is subject to the release
|
|
under supervision and the reparole and rerelease provisions of Section 3‑3‑10.
|
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(b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its expiration.
The issuance of a warrant of arrest for an alleged violation
of the conditions of parole or mandatory supervised release
shall toll the running of the term until the final determination of the
charge, but where parole or mandatory supervised release is not revoked
that period shall be credited to the term.
(b‑5) The Board shall revoke parole or mandatory supervised release for violation of the conditions prescribed in paragraph (7.6) of subsection (a) of Section 3‑3‑7.
(c) A person charged with violating a condition of parole or
mandatory supervised release shall have a preliminary hearing
before a hearing officer designated by the Board to determine
if there is cause to hold the person for a revocation hearing.
However, no preliminary hearing need be held when revocation is based
upon new criminal charges and a court finds probable cause on the new
criminal charges or when the revocation
is based upon a new criminal conviction and a certified copy of
that conviction is available.
(d) Parole or mandatory supervised release shall not be
revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release charged
against him.
(e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members.
The action of a majority of the panel shall be the action of
the Board. In consideration of persons committed to the Department of Juvenile Justice, the member hearing the matter and at least a majority
of the panel shall be experienced in juvenile matters. A record
of the hearing shall be made. At the hearing the offender shall
be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his behalf.
(f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with
or without modification or enlargement of the conditions.
(g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such failure is
due to the offender's willful refusal to pay.
(Source: P.A. 94‑161, eff. 7‑11‑05; 94‑165, eff. 7‑11‑05; 94‑696, eff. 6‑1‑06.)
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(730 ILCS 5/3‑3‑11.05)
Sec. 3‑3‑11.05.
State Council for the State of Illinois.
(a) Membership and appointing authority.
(1) A State Compact Administrator shall be appointed |
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by the Governor. The Compact Administrator shall be a representative of the Illinois Department of Corrections and shall serve as Chairperson of the State Council, as well as act as the day‑to‑day administrator for the Interstate Compact for Adult Offender Supervision. The State Compact Administrator shall serve as the State's Commissioner to the Interstate Commission as provided in Article IV of the Compact.
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(2) A Deputy Compact Administrator from probation
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shall be appointed by the Supreme Court.
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(3) A representative shall be appointed by the
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Speaker of the House of Representatives.
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(4) A representative shall be appointed by the
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Minority Leader of the House of Representatives.
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(5) A representative shall be appointed by the
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(6) A representative shall be appointed by the
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Minority Leader of the Senate.
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(7) A judicial representative shall be appointed by
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(8) A representative from a crime victims' advocacy
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group shall be appointed by the Governor.
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(9) A parole representative shall be appointed by
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the Director of Corrections.
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(10) A probation representative shall be appointed
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by the Director of the Administrative Office of the Illinois Courts.
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(11) The persons appointed under clauses (1)
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through (10) of this subsection (a) shall be voting members of the State Council. With the approval of the State Council, persons representing other organizations that may have an interest in the Compact may also be appointed to serve as non‑voting members of the State Council by those interested organizations. Those organizations may include, but are not limited to, the Illinois Sheriffs' Association, the Illinois Association of Chiefs of Police, the Illinois State's Attorneys Association, and the Office of Attorney General.
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(b) Terms of appointment.
(1) The Compact Administrator and the Deputy Compact
|
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Administrator from Probation shall serve at the will of their respective appointing authorities.
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(2) The crime victims' advocacy group representative
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and the judicial representative shall each serve an initial term of 2 years. Thereafter, they shall each serve for a term of 4 years.
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(3) The representatives appointed by the Speaker of
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the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate shall each serve for a term of 4 years. If one of these representatives shall not be able to fulfill the completion of his or her term, then another representative shall be appointed by his or her respective appointing authority for the remainder of his or her term.
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(4) The probation representative and the parole
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representative shall each serve a term of 2 years.
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(c) Duties and responsibilities.
(1) The duties and responsibilities of the State
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(A) To appoint the State Compact Administrator
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as Illinois' Commissioner on the Interstate Commission.
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(B) To develop by‑laws for the operation of the
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(C) To establish policies and procedures for the
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Interstate Compact operations in Illinois.
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(D) To monitor and remediate Compact compliance
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(E) To promote system training and public
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awareness regarding the Compact's mission and mandates.
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(F) To meet at least twice a year and otherwise
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as called by the Chairperson.
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(G) To allow for the appointment of non‑voting
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members as deemed appropriate.
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(H) To issue rules in accordance with Article 5
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of the Illinois Administrative Procedure Act.
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(I) To publish Interstate Commission rules.
(d) Funding. The State shall appropriate funds to the Department of
Corrections to
support the operations of the State Council and its membership dues to the
Interstate
Commission.
(e) Penalties. Procedures for assessment of penalties imposed pursuant to
Article
XII of the Compact shall be established by the State Council.
(f) Notification of ratification of Compact. The State Compact
Administrator
shall notify the Governor and Secretary of State when 35 States have enacted
the Compact.
(Source: P.A. 92‑571, eff. 6‑26‑02.)
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(730 ILCS 5/3‑6‑2) (from Ch. 38, par. 1003‑6‑2)
(Text of Section before amendment by P.A. 94‑696)
Sec. 3‑6‑2. Institutions and Facility Administration.
(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment
of such persons.
(b) The chief administrative officer shall have such assistants
as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5‑905 of the Juvenile Court Act of
1987. This Section shall not apply to transfers to the Department of
Human Services which are provided for under
Section 3‑8‑5 or Section 3‑10‑5.
(d) The Department shall provide educational programs for all
committed persons so that all persons have an opportunity to
attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever possible.
The Department may establish programs of mandatory education and may
establish rules and regulations for the administration of such programs.
A person committed to the Department who, during the period of his or her
incarceration, participates in an educational program provided by or through
the Department and through that program is awarded or earns the number of
hours of credit required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or university located in
Illinois shall reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or her incarceration
with the education that qualifies him or her for the award of that degree. The
costs for which reimbursement is required under this subsection shall be
determined and computed by the Department under rules and regulations that
it shall establish for that purpose. However, interest at the rate of 6%
per annum shall be charged on the balance of those costs from time to time
remaining unpaid, from the date of the person's parole, mandatory supervised
release, or release constituting a final termination of his or her commitment
to the Department until paid.
(d‑5) A person committed to the Department is entitled to confidential testing for infection with human immunodeficiency virus (HIV) and to counseling in connection with such testing, with no copay to the committed person. A person committed to the Department who has tested positive for infection with HIV is entitled to medical care while incarcerated, counseling, and referrals to support services, in connection with that positive test result. Implementation of this subsection (d‑5) is subject to appropriation.
(e) A person committed to the Department who becomes in need
of medical or surgical treatment but is incapable of giving
consent thereto shall receive such medical or surgical treatment
by the chief administrative officer consenting on the person's behalf.
Before the chief administrative officer consents, he or she shall
obtain the advice of one or more physicians licensed to practice medicine
in all its branches in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
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required relative to a condition threatening to cause death, damage or impairment to bodily functions, or disfigurement; and
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|
(2) that the person is not capable of giving consent
|
|
to such treatment; the chief administrative officer may give consent for such medical or surgical treatment, and such consent shall be deemed to be the consent of the person for all purposes, including, but not limited to, the authority of a physician to give such treatment.
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(e‑5) If a physician providing medical care to a
|
|
committed person on behalf of the Department advises the chief administrative officer that the committed person's mental or physical health has deteriorated as a result of the cessation of ingestion of food or liquid to the point where medical or surgical treatment is required to prevent death, damage, or impairment to bodily functions, the chief administrative officer may authorize such medical or surgical treatment.
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(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department.
The Department shall require the committed person receiving medical or dental
services on a non‑emergency basis to pay a $2 co‑payment to the Department for
each visit for medical or dental services. The amount of each co‑payment shall be deducted from the
committed person's individual account.
A committed person who has a chronic illness, as defined by Department rules
and regulations, shall be exempt from the $2 co‑payment for treatment of the
chronic illness. A committed person shall not be subject to a $2 co‑payment
for follow‑up visits ordered by a physician, who is employed by, or contracts
with, the Department. A committed person who is indigent is exempt from the
$2 co‑payment
and is entitled to receive medical or dental services on the same basis as a
committed person who is financially able to afford the co‑payment.
Notwithstanding any other provision in this subsection (f) to the contrary,
any person committed to any facility operated by the Juvenile Division, as set
forth in subsection (b) of Section 3‑2‑5 of this Code, is exempt from the
co‑payment requirement for the duration of confinement in those facilities.
(g) Any person having sole custody of a child at
the time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of Children
and Family Services for suitable placement of the child outside
of the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until the
child is 6 years old.
(h) The Department may provide Family Responsibility Services which
may consist of, but not be limited to the following:
(1) family advocacy counseling;
(2) parent self‑help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
|
|
separately or together, preceding the inmate's release; and
|
|
(6) a prerelease reunification staffing involving the
|
|
family advocate, the inmate and the child's counselor, or both and the inmate.
|
|
(i) Prior to the release of any inmate who has a documented history
of intravenous drug use, and upon the receipt of that inmate's written
informed consent, the Department shall provide for the testing of such
inmate for infection with human immunodeficiency virus (HIV) and any other
identified causative agent of acquired immunodeficiency syndrome (AIDS). The
testing provided under this subsection shall consist of an enzyme‑linked
immunosorbent assay (ELISA) test or such other test as may be approved by
the Illinois Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test shall be
administered. All inmates tested in accordance with the provisions of this
subsection shall be provided with pre‑test and post‑test counseling.
Notwithstanding any provision of this subsection to the contrary, the
Department shall not be required to conduct the testing and counseling
required by this subsection unless sufficient funds to cover all costs of
such testing and counseling are appropriated for that
purpose by the General Assembly.
(j) Any person convicted of a sex offense as defined in the Sex Offender
Management Board Act shall be required to receive a sex offender evaluation
prior to release into the community from the Department of Corrections. The
sex offender evaluation shall be conducted in conformance with the standards
and guidelines developed under
the Sex Offender Management Board Act and by an evaluator approved by the
Board.
(k) Any minor committed to the Department of Corrections‑Juvenile Division
for a sex offense as defined by the Sex Offender Management Board Act shall be
required to undergo sex offender treatment by a treatment provider approved by
the Board and conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate, the Department must provide the inmate with the option of testing for infection with human immunodeficiency virus (HIV), as well as counseling in connection with such testing, with no copayment for the test. At the same time, the Department shall require each such inmate to sign a form stating that the inmate has been informed of his or her rights with respect to the testing required to be offered under this subsection (l) and providing the inmate with an opportunity to indicate either that he or she wants to be tested or that he or she does not want to be tested. The Department, in consultation with the Department of Public Health, shall prescribe the contents of the form. The
testing provided under this subsection (l) shall consist of an enzyme‑linked
immunosorbent assay (ELISA) test or any other test approved by
the Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test shall be
administered.
Prior to the release of an inmate who the Department knows has tested positive for infection with HIV, the Department in a timely manner shall offer the inmate transitional case management, including referrals to other support services.
Implementation of this subsection (l) is subject to appropriation.
(Source: P.A. 93‑616, eff. 1‑1‑04; 93‑928, eff. 1‑1‑05; 94‑629, eff. 1‑1‑06.)
(Text of Section after amendment by P.A. 94‑696)
Sec. 3‑6‑2. Institutions and Facility Administration.
(a) Each institution and facility of the Department shall be
administered by a chief administrative officer appointed by
the Director. A chief administrative officer shall be
responsible for all persons assigned to the institution or
facility. The chief administrative officer shall administer
the programs of the Department for the custody and treatment
of such persons.
(b) The chief administrative officer shall have such assistants
as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the State,
subject to the acceptance of such receiving institution or
facility, or to designate any reasonably secure place in the
State as such an institution or facility and to make transfers
thereto. However, transfers made under emergency powers shall
be reviewed as soon as practicable under Article 8, and shall
be subject to Section 5‑905 of the Juvenile Court Act of
1987. This Section shall not apply to transfers to the Department of
Human Services which are provided for under
Section 3‑8‑5 or Section 3‑10‑5.
(d) The Department shall provide educational programs for all
committed persons so that all persons have an opportunity to
attain the achievement level equivalent to the completion of
the twelfth grade in the public school system in this State.
Other higher levels of attainment shall be encouraged and
professional instruction shall be maintained wherever possible.
The Department may establish programs of mandatory education and may
establish rules and regulations for the administration of such programs.
A person committed to the Department who, during the period of his or her
incarceration, participates in an educational program provided by or through
the Department and through that program is awarded or earns the number of
hours of credit required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or university located in
Illinois shall reimburse the State, through the Department, for the costs
incurred by the State in providing that person during his or her incarceration
with the education that qualifies him or her for the award of that degree. The
costs for which reimbursement is required under this subsection shall be
determined and computed by the Department under rules and regulations that
it shall establish for that purpose. However, interest at the rate of 6%
per annum shall be charged on the balance of those costs from time to time
remaining unpaid, from the date of the person's parole, mandatory supervised
release, or release constituting a final termination of his or her commitment
to the Department until paid.
(d‑5) A person committed to the Department is entitled to confidential testing for infection with human immunodeficiency virus (HIV) and to counseling in connection with such testing, with no copay to the committed person. A person committed to the Department who has tested positive for infection with HIV is entitled to medical care while incarcerated, counseling, and referrals to support services, in connection with that positive test result. Implementation of this subsection (d‑5) is subject to appropriation.
(e) A person committed to the Department who becomes in need
of medical or surgical treatment but is incapable of giving
consent thereto shall receive such medical or surgical treatment
by the chief administrative officer consenting on the person's behalf.
Before the chief administrative officer consents, he or she shall
obtain the advice of one or more physicians licensed to practice medicine
in all its branches in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
|
|
required relative to a condition threatening to cause death, damage or impairment to bodily functions, or disfigurement; and
|
|
(2) that the person is not capable of giving consent
|
|
to such treatment; the chief administrative officer may give consent for such medical or surgical treatment, and such consent shall be deemed to be the consent of the person for all purposes, including, but not limited to, the authority of a physician to give such treatment.
|
|
(e‑5) If a physician providing medical care to a
|
|
committed person on behalf of the Department advises the chief administrative officer that the committed person's mental or physical health has deteriorated as a result of the cessation of ingestion of food or liquid to the point where medical or surgical treatment is required to prevent death, damage, or impairment to bodily functions, the chief administrative officer may authorize such medical or surgical treatment.
|
|
(f) In the event that the person requires medical care and
treatment at a place other than the institution or facility,
the person may be removed therefrom under conditions prescribed
by the Department.
The Department shall require the committed person receiving medical or dental
services on a non‑emergency basis to pay a $2 co‑payment to the Department for
each visit for medical or dental services. The amount of each co‑payment shall be deducted from the
committed person's individual account.
A committed person who has a chronic illness, as defined by Department rules
and regulations, shall be exempt from the $2 co‑payment for treatment of the
chronic illness. A committed person shall not be subject to a $2 co‑payment
for follow‑up visits ordered by a physician, who is employed by, or contracts
with, the Department. A committed person who is indigent is exempt from the
$2 co‑payment
and is entitled to receive medical or dental services on the same basis as a
committed person who is financially able to afford the co‑payment.
Notwithstanding any other provision in this subsection (f) to the contrary,
any person committed to any facility operated by the Department of Juvenile Justice, as set
forth in Section 3‑2.5‑15 of this Code, is exempt from the
co‑payment requirement for the duration of confinement in those facilities.
(g) Any person having sole custody of a child at
the time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of Children
and Family Services for suitable placement of the child outside
of the Department of Corrections. The Director of the Department
of Corrections may determine that there are special reasons why
the child should continue in the custody of the mother until the
child is 6 years old.
(h) The Department may provide Family Responsibility Services which
may consist of, but not be limited to the following:
(1) family advocacy counseling;
(2) parent self‑help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling, either
|
|
separately or together, preceding the inmate's release; and
|
|
(6) a prerelease reunification staffing involving the
|
|
family advocate, the inmate and the child's counselor, or both and the inmate.
|
|
(i) Prior to the release of any inmate who has a documented history
of intravenous drug use, and upon the receipt of that inmate's written
informed consent, the Department shall provide for the testing of such
inmate for infection with human immunodeficiency virus (HIV) and any other
identified causative agent of acquired immunodeficiency syndrome (AIDS). The
testing provided under this subsection shall consist of an enzyme‑linked
immunosorbent assay (ELISA) test or such other test as may be approved by
the Illinois Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test shall be
administered. All inmates tested in accordance with the provisions of this
subsection shall be provided with pre‑test and post‑test counseling.
Notwithstanding any provision of this subsection to the contrary, the
Department shall not be required to conduct the testing and counseling
required by this subsection unless sufficient funds to cover all costs of
such testing and counseling are appropriated for that
purpose by the General Assembly.
(j) Any person convicted of a sex offense as defined in the Sex Offender
Management Board Act shall be required to receive a sex offender evaluation
prior to release into the community from the Department of Corrections. The
sex offender evaluation shall be conducted in conformance with the standards
and guidelines developed under
the Sex Offender Management Board Act and by an evaluator approved by the
Board.
(k) Any minor committed to the Department of Juvenile Justice
for a sex offense as defined by the Sex Offender Management Board Act shall be
required to undergo sex offender treatment by a treatment provider approved by
the Board and conducted in conformance with the Sex Offender Management Board
Act.
(l) Prior to the release of any inmate, the Department must provide the inmate with the option of testing for infection with human immunodeficiency virus (HIV), as well as counseling in connection with such testing, with no copayment for the test. At the same time, the Department shall require each such inmate to sign a form stating that the inmate has been informed of his or her rights with respect to the testing required to be offered under this subsection (l) and providing the inmate with an opportunity to indicate either that he or she wants to be tested or that he or she does not want to be tested. The Department, in consultation with the Department of Public Health, shall prescribe the contents of the form. The
testing provided under this subsection (l) shall consist of an enzyme‑linked
immunosorbent assay (ELISA) test or any other test approved by
the Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test shall be
administered.
Prior to the release of an inmate who the Department knows has tested positive for infection with HIV, the Department in a timely manner shall offer the inmate transitional case management, including referrals to other support services.
Implementation of this subsection (l) is subject to appropriation.
(Source: P.A. 93‑616, eff. 1‑1‑04; 93‑928, eff. 1‑1‑05; 94‑629, eff. 1‑1‑06; 94‑696, eff. 6‑1‑06.)
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(730 ILCS 5/3‑6‑3) (from Ch. 38, par. 1003‑6‑3)
Sec. 3‑6‑3. Rules and Regulations for Early Release.
(a) (1) The Department of Corrections shall
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prescribe rules and regulations for the early release on account of good conduct of persons committed to the Department which shall be subject to review by the Prisoner Review Board.
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(2) The rules and regulations on early release shall
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provide, with respect to offenses listed in clause (i), (ii), or (iii) of this paragraph (2) committed on or after June 19, 1998 or with respect to the offense listed in clause (iv) of this paragraph (2) committed on or after June 23, 2005 (the effective date of Public Act 94‑71) or with respect to the offense of being an armed habitual criminal committed on or after August 2, 2005 (the effective date of Public Act 94‑398), the following:
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(i) that a prisoner who is serving a term of
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imprisonment for first degree murder or for the offense of terrorism shall receive no good conduct credit and shall serve the entire sentence imposed by the court;
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(ii) that a prisoner serving a sentence for
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attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm, heinous battery, being an armed habitual criminal, aggravated battery of a senior citizen, or aggravated battery of a child shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;
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(iii) that a prisoner serving a sentence for
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home invasion, armed robbery, aggravated vehicular hijacking, aggravated discharge of a firearm, or armed violence with a category I weapon or category II weapon, when the court has made and entered a finding, pursuant to subsection (c‑1) of Section 5‑4‑1 of this Code, that the conduct leading to conviction for the enumerated offense resulted in great bodily harm to a victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment; and
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(iv) that a prisoner serving a sentence for
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aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
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(2.1) For all offenses, other than those enumerated
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in subdivision (a)(2)(i), (ii), or (iii) committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94‑71), and other than the offense of reckless homicide as defined in subsection (e) of Section 9‑3 of the Criminal Code of 1961 committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11‑501 of the Illinois Vehicle Code, the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of good conduct credit for each day of his or her sentence of imprisonment or recommitment under Section 3‑3‑9. Each day of good conduct credit shall reduce by one day the prisoner's period of imprisonment or recommitment under Section 3‑3‑9.
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(2.2) A prisoner serving a term of natural life
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imprisonment or a prisoner who has been sentenced to death shall receive no good conduct credit.
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(2.3) The rules and regulations on early release
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shall provide that a prisoner who is serving a sentence for reckless homicide as defined in subsection (e) of Section 9‑3 of the Criminal Code of 1961 committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11‑501 of the Illinois Vehicle Code, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
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(2.4) The rules and regulations on early release
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shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after July 15, 1999 (the effective date of Public Act 91‑121), that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
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(2.5) The rules and regulations on early release
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shall provide that a prisoner who is serving a sentence for aggravated arson committed on or after July 27, 2001 (the effective date of Public Act 92‑176) shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
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(3) The rules and regulations shall also provide
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that the Director may award up to 180 days additional good conduct credit for meritorious service in specific instances as the Director deems proper; except that no more than 90 days of good conduct credit for meritorious service shall be awarded to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11‑501 of the Illinois Vehicle Code, aggravated kidnapping, kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with a child, indecent liberties with a child, child pornography, heinous battery, aggravated battery of a spouse, aggravated battery of a spouse with a firearm, stalking, aggravated stalking, aggravated battery of a child, endangering the life or health of a child, cruelty to a child, or narcotic racketeering. Notwithstanding the foregoing, good conduct credit for meritorious service shall not be awarded on a sentence of imprisonment imposed for conviction of: (i) one of the offenses enumerated in subdivision (a)(2)(i), (ii), or (iii) when the offense is committed on or after June 19, 1998 or subdivision (a)(2)(iv) when the offense is committed on or after June 23, 2005 (the effective date of Public Act 94‑71), (ii) reckless homicide as defined in subsection (e) of Section 9‑3 of the Criminal Code of 1961 when the offense is committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11‑501 of the Illinois Vehicle Code, (iii) one of the offenses enumerated in subdivision (a)(2.4) when the offense is committed on or after July 15, 1999 (the effective date of Public Act 91‑121), or (iv) aggravated arson when the offense is committed on or after July 27, 2001 (the effective date of Public Act 92‑176).
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(4) The rules and regulations shall also provide
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that the good conduct credit accumulated and retained under paragraph (2.1) of subsection (a) of this Section by any inmate during specific periods of time in which such inmate is engaged full‑time in substance abuse programs, correctional industry assignments, or educational programs provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall be multiplied by a factor of 1.25 for program participation before August 11, 1993 and 1.50 for program participation on or after that date. However, no inmate shall be eligible for the additional good conduct credit under this paragraph (4) or (4.1) of this subsection (a) while assigned to a boot camp or electronic detention, or if convicted of an offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of this Section that is committed on or after June 19, 1998 or subdivision (a)(2)(iv) of this Section that is committed on or after June 23, 2005 (the effective date of Public Act 94‑71), or if convicted of reckless homicide as defined in subsection (e) of Section 9‑3 of the Criminal Code of 1961 if the offense is committed on or after January 1, 1999, or aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (F) of paragraph (1) of subsection (d) of Section 11‑501 of the Illinois Vehicle Code, or if convicted of an offense enumerated in paragraph (a)(2.4) of this Section that is committed on or after July 15, 1999 (the effective date of Public Act 91‑121), or first degree murder, a Class X felony, criminal sexual assault, felony criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery with a firearm, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses. No inmate shall be eligible for the additional good conduct credit under this paragraph (4) who (i) has previously received increased good conduct credit under this paragraph (4) and has subsequently been convicted of a felony, or (ii) has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
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Educational, vocational, substance abuse and
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correctional industry programs under which good conduct credit may be increased under this paragraph (4) and paragraph (4.1) of this subsection (a) shall be evaluated by the Department on the basis of documented standards. The Department shall report the results of these evaluations to the Governor and the General Assembly by September 30th of each year. The reports shall include data relating to the recidivism rate among program participants.
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Availability of these programs shall be subject to
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the limits of fiscal resources appropriated by the General Assembly for these purposes. Eligible inmates who are denied immediate admission shall be placed on a waiting list under criteria established by the Department. The inability of any inmate to become engaged in any such programs by reason of insufficient program resources or for any other reason established under the rules and regulations of the Department shall not be deemed a cause of action under which the Department or any employee or agent of the Department shall be liable for damages to the inmate.
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(4.1) The rules and regulations shall also provide
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that an additional 60 days of good conduct credit shall be awarded to any prisoner who passes the high school level Test of General Educational Development (GED) while the prisoner is incarcerated. The good conduct credit awarded under this paragraph (4.1) shall be in addition to, and shall not affect, the award of good conduct under any other paragraph of this Section, but shall also be pursuant to the guidelines and restrictions set forth in paragraph (4) of subsection (a) of this Section. The good conduct credit provided for in this paragraph shall be available only to those prisoners who have not previously earned a high school diploma or a GED. If, after an award of the GED good conduct credit has been made and the Department determines that the prisoner was not eligible, then the award shall be revoked.
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(4.5) The rules and regulations on early release
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shall also provide that when the court's sentencing order recommends a prisoner for substance abuse treatment and the crime was committed on or after September 1, 2003 (the effective date of Public Act 93‑354), the prisoner shall receive no good conduct credit awarded under clause (3) of this subsection (a) unless he or she participates in and completes a substance abuse treatment program. The Director may waive the requirement to participate in or complete a substance abuse treatment program and award the good conduct credit in specific instances if the prisoner is not a good candidate for a substance abuse treatment program for medical, programming, or operational reasons. Availability of substance abuse treatment shall be subject to the limits of fiscal resources appropriated by the General Assembly for these purposes. If treatment is not available and the requirement to participate and complete the treatment has not been waived by the Director, the prisoner shall be placed on a waiting list under criteria established by the Department. The Director may allow a prisoner placed on a waiting list to participate in and complete a substance abuse education class or attend substance abuse self‑help meetings in lieu of a substance abuse treatment program. A prisoner on a waiting list who is not placed in a substance abuse program prior to release may be eligible for a waiver and receive good conduct credit under clause (3) of this subsection (a) at the discretion of the Director.
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(5) Whenever the Department is to release any inmate
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earlier than it otherwise would because of a grant of good conduct credit for meritorious service given at any time during the term, the Department shall give reasonable advance notice of the impending release to the State's Attorney of the county where the prosecution of the inmate took place.
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(b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5‑8‑4 in granting and
forfeiting of good time.
(c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing
the rate of accumulation of good conduct credit for specific
rule violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
When the Department seeks to revoke, suspend or reduce
the rate of accumulation of any good conduct credits for
an alleged infraction of its rules, it shall bring charges
therefor against the prisoner sought to be so deprived of
good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(4) of Section 3‑3‑2 of this
Code, if the amount of credit at issue exceeds 30 days or
when during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction is committed
or discovered within 60 days of scheduled release. In those cases,
the Department of Corrections may revoke up to 30 days of good conduct credit.
The Board may subsequently approve the revocation of additional good
conduct credit, if the Department seeks to revoke good conduct credit in
excess of 30 days. However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of good conduct
credit within any calendar year for any prisoner or to increase any penalty
beyond the length requested by the Department.
The Director of the Department of Corrections, in appropriate cases, may
restore up to 30 days good conduct credits which have been revoked, suspended
or reduced. Any restoration of good conduct credits in excess of 30 days shall
be subject to review by the Prisoner Review Board. However, the Board may not
restore good conduct credit in excess of the amount requested by the Director.
Nothing contained in this Section shall prohibit the Prisoner Review Board
from ordering, pursuant to Section 3‑3‑9(a)(3)(i)(B), that a prisoner serve up
to one year of the sentence imposed by the court that was not served due to the
accumulation of good conduct credit.
(d) If a lawsuit is filed by a prisoner in an Illinois or federal court
against the State, the Department of Corrections, or the Prisoner Review Board,
or against any of
their officers or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is frivolous, the
Department of Corrections shall conduct a hearing to revoke up to
180 days of good conduct credit by bringing charges against the prisoner
sought to be deprived of the good conduct credits before the Prisoner Review
Board as provided in subparagraph (a)(8) of Section 3‑3‑2 of this Code.
If the prisoner has not accumulated 180 days of good conduct credit at the
time of the finding, then the Prisoner Review Board may revoke all
good conduct credit accumulated by the prisoner.
For purposes of this subsection (d):
(1) "Frivolous" means that a pleading, motion, or
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other filing which purports to be a legal document filed by a prisoner in his or her lawsuit meets any or all of the following criteria:
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(A) it lacks an arguable basis either in law or
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(B) it is being presented for any improper
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purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
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(C) the claims, defenses, and other legal
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contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
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(D) the allegations and other factual
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contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; or
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(E) the denials of factual contentions are not
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warranted on the evidence, or if specifically so identified, are not reasonably based on a lack of information or belief.
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(2) "Lawsuit" means a petition for post‑conviction
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relief under Article 122 of the Code of Criminal Procedure of 1963, a motion pursuant to Section 116‑3 of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C. 2254), a petition for claim under the Court of Claims Act or an action under the federal Civil Rights Act (42 U.S.C. 1983).
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(e) Nothing in Public Act 90‑592 or 90‑593 affects the validity of Public Act 89‑404.
(Source: P.A. 93‑213, eff. 7‑18‑03; 93‑354, eff. 9‑1‑03; 94‑71, eff. 6‑23‑05; 94‑128, eff. 7‑7‑05; 94‑156, eff. 7‑8‑05; 94‑398, eff. 8‑2‑05; 94‑491, eff. 8‑8‑05; 94‑744, eff. 5‑8‑06.)
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(730 ILCS 5/3‑7‑6) (from Ch. 38, par. 1003‑7‑6)
Sec. 3‑7‑6.
Reimbursement for expenses.
(a) Responsibility of committed persons. For the purposes of this
Section, "committed persons" mean those persons who through judicial
determination have been placed in the custody of the Department on the basis of
a conviction as an adult. Committed
persons shall be responsible to reimburse the
Department for the expenses incurred by their incarceration at a rate to be
determined by the Department in accordance with this Section.
(1) Committed persons shall fully cooperate with the |
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Department by providing complete financial information for the purposes under this Section.
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(2) The failure of a committed person to fully
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cooperate as provided for in clauses (3) and (4) of subsection (a‑5) shall be considered for purposes of a parole determination. Any committed person who willfully refuses to cooperate with the obligations set forth in this Section may be subject to the loss of good conduct credit towards his or her sentence of up to 180 days.
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(a‑5) Assets information form.
(1) The Department shall develop a form, which shall
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be used by the Department to obtain information from all committed persons regarding assets of the persons.
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(2) In order to enable the Department to determine
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the financial status of the committed person, the form shall provide for obtaining the age and marital status of a committed person, the number and ages of children of the person, the number and ages of other dependents, the type and value of real estate, the type and value of personal property, cash and bank accounts, the location of any lock boxes, the type and value of investments, pensions and annuities and any other personalty of significant cash value, including but not limited to jewelry, art work and collectables, and all medical or dental insurance policies covering the committed person. The form may also provide for other information deemed pertinent by the Department in the investigation of a committed person's assets.
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(3) Upon being developed, the form shall be
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submitted to each committed person as of the date the form is developed and to every committed person who thereafter is sentenced to imprisonment under the jurisdiction of the Department. The form may be resubmitted to a committed person by the Department for purpose of obtaining current information regarding the assets of the person.
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(4) Every committed person shall complete the form
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or provide for completion of the form and the committed person shall swear under oath or affirm that to the best of his or her knowledge the information provided is complete and accurate.
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(b) Expenses. The rate at which sums to be charged for the expenses
incurred by a committed person for his or her confinement
shall be computed by
the Department as the average per capita cost per day for all inmates of that
institution or facility for that fiscal year. The average per capita cost per
day shall be computed by the Department based on the average per capita cost
per day for the operation of that institution or facility for the fiscal year
immediately preceding the period of incarceration for which the rate is being
calculated. The Department shall establish rules and regulations providing for
the computation of the above costs, and shall determine the average per capita
cost per day for each of its institutions or facilities for each fiscal year.
The Department shall have the
power to modify its rules and regulations, so as to provide for the most
accurate and most current average per capita cost per day computation. Where
the committed person is placed in a facility outside the
Department, the
Department may pay the actual cost of services in that facility, and may
collect reimbursement for the entire amount paid from the committed person
receiving those services.
(c) Records. The records of the Department, including, but not limited to,
those relating to: the average per capita cost per day for a particular
institution or facility for a particular year, and the calculation of the
average per capita cost per day; the average daily population of a particular
Department correctional institution or facility for a particular year; the
specific placement of a particular committed person in
various Department
correctional institutions or facilities for various periods of time; and the
record of transactions of a particular committed person's
trust account under
Section 3‑4‑3 of this Act; may be proved in any legal proceeding, by a
reproduced copy thereof or by a computer printout of Department records, under
the certificate of the Director. If
reproduced copies are used, the Director must certify that those are true and
exact copies of the records on file with the Department. If computer
printouts of records of the Department are offered as proof, the Director must
certify that those computer printouts are true and exact representations of
records properly entered into standard electronic computing equipment, in the
regular course of the Department's business, at or reasonably near the time of
the occurrence of the facts recorded, from trustworthy and reliable
information. The reproduced copy or computer printout shall, without further
proof, be admitted into evidence in any legal proceeding, and shall be prima
facie correct and prima facie evidence of the accuracy of the information
contained therein.
(d) Authority. The Director, or the Director's designee, may, when he or
she knows or reasonably believes that a committed person, or the estate of that
person, has assets which may be used to satisfy all or part of a judgment
rendered under this Act,
or when he or she knows or reasonably believes that
a committed person is engaged in gang‑related activity and has a substantial sum of
money or other assets,
provide for the forwarding to the Attorney General of a report on the
committed person and that report shall contain a completed form under
subsection (a‑5) together with all other information available concerning the
assets of
the committed person and an estimate of the total expenses for that committed
person, and
authorize the Attorney General to institute
proceedings to require the
persons, or the estates of the persons, to reimburse the Department for the
expenses incurred by their incarceration. The Attorney General, upon
authorization of the Director, or the Director's designee, shall institute
actions on behalf of the Department and pursue claims on the Department's
behalf in probate and bankruptcy proceedings, to recover from committed persons the expenses incurred by
their
confinement.
For purposes of this subsection (d), "gang‑related" activity
has the meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(e) Scope and limitations.
(1) No action under this Section shall be initiated
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more than 2 years after the release or death of the committed person in question.
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(2) The death of a convicted person, by execution or
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otherwise, while committed to a Department correctional institution or facility shall not act as a bar to any action or proceeding under this Section.
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(3) The assets of a committed person, for the
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purposes of this Section, shall include any property, tangible or intangible, real or personal, belonging to or due to a committed or formerly committed person including income or payments to the person from social security, worker's compensation, veteran's compensation, pension benefits, or from any other source whatsoever and any and all assets and property of whatever character held in the name of the person, held for the benefit of the person, or payable or otherwise deliverable to the person. Any trust, or portion of a trust, of which a convicted person is a beneficiary, shall be construed as an asset of the person, to the extent that benefits thereunder are required to be paid to the person, or shall in fact be paid to the person. At the time of a legal proceeding by the Attorney General under this Section, if it appears that the committed person has any assets which ought to be subjected to the claim of the Department under this Section, the court may issue an order requiring any person, corporation, or other legal entity possessed or having custody of those assets to appropriate any of the assets or a portion thereof toward reimbursing the Department as provided for under this Section. No provision of this Section shall be construed in violation of any State or federal limitation on the collection of money judgments.
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(4) Nothing in this Section shall preclude the
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Department from applying federal benefits that are specifically provided for the care and treatment of a committed person toward the cost of care provided by a State facility or private agency.
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(Source: P.A. 92‑564, eff. 1‑1‑03.)
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(730 ILCS 5/3‑8‑9) (from Ch. 38, par. 1003‑8‑9)
Sec. 3‑8‑9.
Agreement on Detainers.
(a) The Agreement on
Detainers is hereby enacted into law and
entered into by this State with all other jurisdictions legally joining
therein in the form substantially as follows:
ARTICLE I
The party states find that charges outstanding against a prisoner,
detainers based on untried indictments, informations or complaints, and
difficulties in securing speedy trial of persons already incarcerated in
other jurisdictions, produce uncertainties which obstruct programs of
prisoner treatment and rehabilitation. Accordingly, it is the policy of the
party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper
status of any and all detainers based on untried indictments, informations
or complaints. The party states also find that proceedings with reference
to such charges and detainers, when emanating from another jurisdiction,
cannot properly be had in the absence of cooperative procedures. It is the
further purpose of this agreement to provide such cooperative procedures.
ARTICLE II
As used in this agreement:
(a) "State" shall mean a state of the United States; the United States
of America; a territory or possession of the United States; the District of
Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is
incarcerated at the time that he initiates a request for final disposition
pursuant to Article III hereof or at the time that a request for custody or
availability is initiated pursuant to Article IV hereof.
(c) "Receiving state" shall mean the state in which trial is to be had
on an indictment, information or complaint pursuant to Article III or
Article IV hereof.
ARTICLE III
(a) Whenever a person has entered upon a term of imprisonment in a penal
or correctional institution of a party state, and whenever during the
continuance of the term of imprisonment there is pending in any other party
state any untried indictment, information or complaint on the basis of
which a detainer has been lodged against the prisoner, he shall be
brought to trial within 180 days after he shall have caused to
be delivered to the
prosecuting officer and the appropriate court of the prosecuting officer's
jurisdiction written notice of the place of his imprisonment and his
request for a final disposition to be made of the indictment, information
or complaint: provided that for a good cause shown in open court, the
prisoner or his counsel being present, the court having jurisdiction of the
matter may grant any necessary or reasonable continuance. The request of
the prisoner shall be accompanied by a certificate of the appropriate
official having custody of the prisoner, stating the term of commitment
under which the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time earned,
the time of parole eligibility of the prisoner, and any decisions of the
state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in
paragraph (a) hereof shall be given or sent by the prisoner to the warden,
commissioner of corrections or other official having custody of him, who
shall promptly forward it together with the certificate to the appropriate
prosecuting official and court by registered or certified mail, return
receipt requested.
(c) The warden, commissioner of corrections or other official having
custody of the prisoner shall promptly inform him of the source and
contents of any detainer lodged against him and shall also inform him of
his right to make a request for final disposition of the indictment,
information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall operate as a request for final disposition of
all untried indictments, informations or complaints on the basis of which
detainers have been lodged against the prisoner from the state to whose
prosecuting official the request for final disposition is specifically
directed. The warden, commissioner of corrections or other official having
custody of the prisoner shall forthwith notify all appropriate prosecuting
officers and courts in the several jurisdictions within the state to which
the prisoner's request for final disposition is being sent of the
proceeding being initiated by the prisoner. Any notification sent pursuant
to this paragraph shall be accompanied by copies of the prisoner's written
notice, request, and the certificate. If trial is not had on any
indictment, information or complaint contemplated hereby prior to the
return of the prisoner to the original place of imprisonment, such
indictment, information or complaint shall not be of any further force or
effect, and the court shall enter an order dismissing the same with
prejudice.
(e) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall also be deemed to be a waiver of extradition
with respect to any charge or proceeding contemplated thereby or included
therein by reason of paragraph (d) hereof, and a waiver of extradition to
the receiving state to serve any sentence there imposed upon him, after
completion of his term of imprisonment in the sending state. The request
for final disposition shall also constitute a consent by the prisoner to
the production of his body in any court where his presence may be
required in order to effectuate the purposes of this agreement and a further
consent voluntarily to be returned to the original place of imprisonment in
accordance with the provisions of this agreement. Nothing in this paragraph
shall prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of
the request for final disposition referred to in paragraph (a) hereof shall
void the request.
ARTICLE IV
(a) The appropriate officer of the jurisdiction in which an untried
indictment, information or complaint is pending shall be entitled to have a
prisoner against whom he has lodged a detainer and who is serving a term
of imprisonment in any party state made available in accordance with
Article V (a) hereof upon presentation of a written request for
temporary custody or
availability to the appropriate authorities of the state in which the
prisoner is incarcerated: provided that the court having jurisdiction of
such indictment, information or complaint shall have duly approved,
recorded and transmitted the request: and provided further that there shall
be a period of 30 days after receipt by the appropriate authorities before
the request be honored, within which period the governor of the sending
state may disapprove the request for temporary custody or availability,
either upon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in
paragraph (a) hereof, the appropriate authorities having the prisoner in
custody shall furnish the officer with a certificate stating the term of
commitment under which the prisoner is being held, the time already served,
the time remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner, and any decisions
of the state parole agency relating to the prisoner. Said authorities
simultaneously shall furnish all other officers and appropriate courts in
the receiving state who have lodged detainers against the prisoner with
similar certificates and with notices informing them of the request for
custody or availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article, trial
shall be commenced within 120 days of the arrival of the prisoner in the
receiving state, but for good cause shown in open court, the prisoner or
his counsel being present, the court having jurisdiction of the matter
may grant any necessary or reasonable continuance.
(d) Nothing contained in this Article shall be construed to deprive any
prisoner of any right which he may have to contest the legality of his
delivery as provided in paragraph (a) hereof, but such delivery may not be
opposed or denied on the ground that the executive authority of the sending
state has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or complaint
contemplated hereby prior to the prisoner's being returned to the original
place of imprisonment pursuant to Article V (e) hereof, such indictment,
information or complaint shall not be of any further force or effect, and
the court shall enter an order dismissing the same with prejudice.
ARTICLE V
(a) In response to a request made under Article III or Article IV
hereof, the appropriate authority in a sending state shall offer to deliver
temporary custody of such prisoner to the appropriate authority in the
state where such indictment, information or complaint is pending against
such person in order that speedy and efficient prosecution may be had. If
the request for final disposition is made by the prisoner, the offer of
temporary custody shall accompany the written notice provided for in
Article III of this agreement. In the case of a federal prisoner, the
appropriate authority in the receiving state shall be entitled to temporary
custody as provided by this agreement or to the prisoner's presence in
federal custody at the place for trial, whichever custodial arrangement
may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of
temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the
state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on
the basis of which the detainer has been lodged and on the basis of which
the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of said person, or in the event that an action on the
indictment, information or complaint on the basis of which the detainer has
been lodged is not brought to trial within the period provided in Article
III or Article IV hereof, the appropriate court of the jurisdiction where
the indictment, information or complaint has been pending shall enter an
order dismissing the same with prejudice, and any detainer based thereon
shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be only
for the purpose of permitting prosecution on the charge or charges
contained in one or more untried indictments, informations or complaints
which form the basis of the detainer or detainers or for prosecution on
any other charge or charges arising out of the same transaction. Except for
his attendance at court and while being transported to or from any place at
which his presence may be required, the prisoner shall be held in a
suitable jail or other facility regularly used for persons awaiting
prosecution.
(e) At the earliest practicable time consonant with the purposes of this
agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is
otherwise being made available for trial as required by this agreement,
time being served on the sentence shall continue to run but good time shall
be earned by the prisoner only if, and to the extent that, the law and
practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as
provided in this agreement is exercised, the prisoner shall be deemed to
remain in the custody of and subject to the jurisdiction of the sending
state and any escape from the temporary custody may be dealt with in the
same manner as an escape from the original place of imprisonment or in any
other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner
pursuant to this agreement until such prisoner is returned to the territory
and custody of the sending state, the state in which the one or more
untried indictments, informations or complaints are pending or in which
trial is being had shall be responsible for the prisoner and shall also
pay all costs of transporting, caring for, keeping and returning the
prisoner. The provisions of this paragraph shall govern unless the states
concerned shall have entered into a supplementary agreement providing for
a different allocation of costs and responsibilities as between or among
themselves. Nothing herein contained shall be construed to alter or affect
any internal relationship among the departments, agencies and officers of
and in the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities therefor.
ARTICLE VI
(a) In determining the duration and expiration dates of the time periods
provided in Articles III and IV of this agreement, the running of said time
periods shall be tolled whenever and for as long as the prisoner is unable
to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this
agreement, shall apply to any person who is adjudged to be mentally ill.
ARTICLE VII
Each state party to this agreement shall designate an officer who,
acting jointly with like officers of other party states, shall promulgate
rules and regulations to carry out more effectively the terms and
provisions of this agreement, and who shall provide, within and without the
state, information necessary to the effective operation of this agreement.
ARTICLE VIII
This agreement shall enter into full force and effect as to a party
state when such state has enacted the same into law. A state party to this
agreement may withdraw herefrom by enacting a statute repealing the same.
However, the withdrawal of any state shall not affect the status of any
proceedings already initiated by inmates or by state officers at the time
such withdrawal takes effect, nor shall it affect their rights in respect
thereof.
ARTICLE IX
This agreement shall be liberally construed so as to effectuate its
purposes. The provisions of this agreement shall be severable and if any
phrase, clause, sentence or provision of this agreement is declared to be
contrary to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this agreement and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this agreement shall be held contrary to
the constitution of any state party hereto, the agreement shall remain in
full force and effect as to the remaining states and in full force and
effect as to the state affected as to all severable matters.
(b) "Appropriate court" as used in this Section with reference to the
courts of this State means circuit courts.
(c) All courts, departments, agencies, officers and employees of this
State and its political subdivisions are hereby directed to enforce the
Agreement on Detainers and to cooperate with one another and with other
party states in enforcing the agreement and effectuating its purpose.
(d) Section 3‑6‑4 shall apply to offenders while in the custody of
another state under this Section.
(e) It shall be lawful and mandatory upon the chief administrative
officer or other official in charge of a penal or correctional institution
in this State to give over the person of any inmate thereof whenever so
required by the operation of the Agreement on Detainers.
(f) The Director of the Department of Corrections shall be the officer
designated under Article VII of the Agreement on Detainers.
(g) Copies of this act shall, upon its approval, be transmitted to the
governor of each state, the attorney general and the administrator of
general services of the United States, and the council of State Governments.
(Source: P.A. 77‑2097.)
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(730 ILCS 5/3‑15‑2) (from Ch. 38, par. 1003‑15‑2)
(Text of Section before amendment by P.A. 94‑696)
Sec. 3‑15‑2.
Standards and Assistance to Local Jails and Detention
and Shelter Care Facilities.
(a) The Department shall establish for the operation of county and
municipal jails and houses of correction, and county juvenile detention
and shelter care facilities established pursuant to the "County Shelter
Care and Detention Home Act", minimum standards for the physical
condition of such institutions and for the treatment of inmates with
respect to their health and safety and the security of the community.
Such standards shall not apply to county shelter care facilities which
were in operation prior to January 1, 1980. Such standards shall not seek
to mandate minimum floor space requirements for each inmate housed in cells
and detention rooms in county and
municipal jails and houses of correction.
However, no more than two inmates may be housed in a single cell or detention
room.
When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results of
the test
shall be personally delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must appear for the
judge's inspection in camera if requested by the judge. Acting in accordance
with the best interests of those in the courtroom, the judge shall have the
discretion to determine what if any precautions need to be taken to prevent
transmission of the disease in the courtroom.
(b) At least once each year, the Department may inspect each
adult
facility for compliance with the standards established and the results
of such inspection shall be made available by the Department for public
inspection. At least once each year, the Department shall inspect each
county juvenile detention and shelter care facility for compliance with the
standards established, and the Department shall make the results of such
inspections available for public inspection.
If any detention, shelter care or correctional facility does
not comply with the standards established, the Director of Corrections
shall give notice to the county board and the sheriff or the corporate
authorities of the municipality, as the case may be, of such
noncompliance, specifying the particular standards that have not been
met by such facility. If the facility is not in compliance with such
standards when six months have elapsed from the giving of such notice,
the Director of Corrections may petition the appropriate court for an
order requiring such facility to comply with the standards established
by the Department or for other appropriate relief.
(c) The Department may provide consultation services for the
design, construction, programs and administration of detention, shelter
care, and correctional facilities and services for children and adults
operated by counties and municipalities and may make studies and
surveys of the programs and the administration of such facilities.
Personnel of the Department shall be admitted to these facilities as
required for such purposes. The Department may develop and administer
programs of grants‑in‑aid for correctional services in cooperation with
local agencies. The Department may provide courses of training for the
personnel of such institutions and conduct pilot projects in the
institutions.
(d) The Department is authorized to issue reimbursement grants for
counties, municipalities or public building commissions for the purpose of
meeting minimum correctional facilities standards set by the Department
under this Section. Grants may be issued only for projects that were
completed after July 1, 1980 and initiated prior to January 1, 1987.
(1) Grants for regional correctional facilities
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shall not exceed 90% of the project costs or $7,000,000, whichever is less.
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(2) Grants for correctional facilities by a single
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county, municipality or public building commission shall not exceed 75% of the proposed project costs or $4,000,000, whichever is less.
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(3) As used in this subsection (d), "project" means
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only that part of a facility that is constructed for jail, correctional or detention purposes and does not include other areas of multi‑purpose buildings.
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Construction or renovation grants are authorized to be issued by the
Capital Development Board from capital development bond funds after
application by a county or counties, municipality or municipalities or
public building commission or commissions and approval of a construction or
renovation grant by the Department for projects initiated after
January 1, 1987.
(e) The Department shall adopt standards for county jails to hold
juveniles on a temporary basis, as provided in Section 5‑410 of the
Juvenile Court Act of 1987. These standards shall include
educational, recreational, and disciplinary standards as well
as access to medical services, crisis intervention, mental health services,
suicide prevention, health care, nutritional needs, and visitation rights. The
Department shall also notify any county applying to hold juveniles in a county
jail of the monitoring and program standards for juvenile detention facilities
under Section 5‑410 of the Juvenile Court Act of
1987.
(Source: P.A. 89‑64, eff. 1‑1‑96; 89‑477, eff. 6‑18‑96; 89‑656, eff. 8‑14‑96;
90‑14, eff. 7‑1‑97; 90‑590, eff. 1‑1‑99.)
(Text of Section after amendment by P.A. 94‑696)
Sec. 3‑15‑2. Standards and Assistance to Local Jails and Detention
and Shelter Care Facilities.
(a) The Department of Corrections shall establish for the operation of county and
municipal jails and houses of correction, minimum standards for the physical
condition of such institutions and for the treatment of inmates with
respect to their health and safety and the security of the community.
The Department of Juvenile Justice shall establish for the operation of county juvenile detention
and shelter care facilities established pursuant to the County Shelter
Care and Detention Home Act, minimum standards for the physical
condition of such institutions and for the treatment of juveniles with
respect to their health and safety and the security of the community.
Such standards shall not apply to county shelter care facilities which
were in operation prior to January 1, 1980. Such standards shall not seek
to mandate minimum floor space requirements for each inmate housed in cells
and detention rooms in county and
municipal jails and houses of correction.
However, no more than two inmates may be housed in a single cell or detention
room.
When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results of
the test
shall be personally delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must appear for the
judge's inspection in camera if requested by the judge. Acting in accordance
with the best interests of those in the courtroom, the judge shall have the
discretion to determine what if any precautions need to be taken to prevent
transmission of the disease in the courtroom.
(b) At least once each year, the Department of Corrections may inspect each
adult
facility for compliance with the standards established and the results
of such inspection shall be made available by the Department for public
inspection. At least once each year, the Department of Juvenile Justice shall inspect each
county juvenile detention and shelter care facility for compliance with the
standards established, and the Department of Juvenile Justice shall make the results of such
inspections available for public inspection.
If any detention, shelter care or correctional facility does
not comply with the standards established, the Director of Corrections
or the Director of Juvenile Justice, as the case may be, shall give notice to the county board and the sheriff or the corporate
authorities of the municipality, as the case may be, of such
noncompliance, specifying the particular standards that have not been
met by such facility. If the facility is not in compliance with such
standards when six months have elapsed from the giving of such notice,
the Director of Corrections or the Director of Juvenile Justice, as the case may be, may petition the appropriate court for an
order requiring such facility to comply with the standards established
by the Department or for other appropriate relief.
(c) The Department of Corrections may provide consultation services for the
design, construction, programs and administration of correctional facilities and services for adults
operated by counties and municipalities and may make studies and
surveys of the programs and the administration of such facilities.
Personnel of the Department shall be admitted to these facilities as
required for such purposes. The Department may develop and administer
programs of grants‑in‑aid for correctional services in cooperation with
local agencies. The Department may provide courses of training for the
personnel of such institutions and conduct pilot projects in the
institutions.
(c‑5) The Department of Juvenile Justice may provide consultation services for the
design, construction, programs, and administration of detention and shelter care services for children operated by counties and municipalities and may make studies and
surveys of the programs and the administration of such facilities.
Personnel of the Department of Juvenile Justice shall be admitted to these facilities as
required for such purposes. The Department of Juvenile Justice may develop and administer
programs of grants‑in‑aid for juvenile correctional services in cooperation with
local agencies. The Department of Juvenile Justice may provide courses of training for the
personnel of such institutions and conduct pilot projects in the
institutions.
(d) The Department is authorized to issue reimbursement grants for
counties, municipalities or public building commissions for the purpose of
meeting minimum correctional facilities standards set by the Department
under this Section. Grants may be issued only for projects that were
completed after July 1, 1980 and initiated prior to January 1, 1987.
(1) Grants for regional correctional facilities
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shall not exceed 90% of the project costs or $7,000,000, whichever is less.
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(2) Grants for correctional facilities by a single
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county, municipality or public building commission shall not exceed 75% of the proposed project costs or $4,000,000, whichever is less.
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(3) As used in this subsection (d), "project" means
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only that part of a facility that is constructed for jail, correctional or detention purposes and does not include other areas of multi‑purpose buildings.
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Construction or renovation grants are authorized to be issued by the
Capital Development Board from capital development bond funds after
application by a county or counties, municipality or municipalities or
public building commission or commissions and approval of a construction or
renovation grant by the Department for projects initiated after
January 1, 1987.
(e) The Department of Juvenile Justice shall adopt standards for county jails to hold
juveniles on a temporary basis, as provided in Section 5‑410 of the
Juvenile Court Act of 1987. These standards shall include
educational, recreational, and disciplinary standards as well
as access to medical services, crisis intervention, mental health services,
suicide prevention, health care, nutritional needs, and visitation rights. The
Department of Juvenile Justice shall also notify any county applying to hold juveniles in a county
jail of the monitoring and program standards for juvenile detention facilities
under Section 5‑410 of the Juvenile Court Act of
1987.
(Source: P.A. 94‑696, eff. 6‑1‑06.)
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(730 ILCS 5/3‑17‑15)
Sec. 3‑17‑15. Referral of person to sheriff or police chief; assignment of person by the Department.
(a) Except as otherwise provided in this Section, if a program has been established in a county or municipality in which an offender was sentenced to imprisonment for a felony, the Director may refer the offender to the county sheriff or municipal police chief if:
(1) The offender qualifies under the standards
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established by the Director in subsection (c);
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(2) The offender has demonstrated a willingness to:
(A) engage in employment or participate in
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vocational rehabilitation or job skills training; and
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(B) meet any existing obligation for restitution
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to any victim of his or her crime; and
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(3) the offender is within one year of his or her
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probable release from prison, as determined by the Director.
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(b) Except as otherwise provided in this Section, if
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the Director is notified by the sheriff or police chief under Section 3‑17‑10 that an offender would benefit by being assigned to the custody of the sheriff or police chief to participate in the program, the Director shall review whether the offender should be assigned to participate in a program for not longer than the remainder of his or her sentence.
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(c) The Director, by rule, shall adopt standards setting
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forth which offenders are eligible to be assigned to the custody of the sheriff or police chief to participate in the program under this Section. The standards adopted by the Director must be approved by the Prisoner Review Board and must provide that an offender is ineligible for participation in the program who:
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(1) has recently committed a serious infraction of
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the rules of an institution or facility of the Department;
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(2) has not performed the duties assigned to him or
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her in a faithful and orderly manner;
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(3) has, within the immediately preceding 5 years,
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been convicted of any crime involving the use or threatened use of force or violence against a victim that is punishable as a felony;
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(4) has ever been convicted of a sex offense as
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defined in Section 10 of the Sex Offender Management Board Act;
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(5) has escaped or attempted to escape from any jail
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or correctional institution for adults; or
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(6) has not made an effort in good faith to
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participate in or to complete any educational or vocational program or any program of treatment, as ordered by the Director.
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(d) The Director shall adopt rules requiring offenders
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who are assigned to the custody of the sheriff or police chief under this Section to reimburse the Department for the cost of their participation in a program, to the extent of their ability to pay.
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(e) The sheriff or police chief may return the offender
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to the custody of the Department at any time for any violation of the terms and conditions imposed by the Director in consultation with the Prisoner Review Board.
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(f) If an offender assigned to the custody of the
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sheriff or police chief under this Section violates any of the terms or conditions imposed by the Director in consultation with the Prisoner Review Board and is returned to the custody of the Department, the offender forfeits all or part of the credits for good behavior earned by him or her before he or she was returned to the custody of the Department, as determined by the Director. The Director may provide for a forfeiture of credits under this subsection (f) only after proof of the violation and notice is given to the offender. The Director may restore credits so forfeited for such reasons as he or she considers proper. The Director, by rule, shall establish procedures for review of forfeiture of good behavior credit. The decision of the Director regarding such a forfeiture is final.
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(g) The assignment of an offender to the custody of the
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sheriff or police chief under this Section shall be deemed:
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(1) a continuation of his or her imprisonment and not
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a release on parole or mandatory supervised release; and
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(2) for the purposes of Section 3‑8‑1, an assignment
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to a facility of the Department, except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
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(h) An offender does not have a right to be assigned to
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the custody of the sheriff or police chief under this Section, or to remain in that custody after such an assignment. It is not intended that the establishment or operation of a program creates any right or interest in liberty or property or establishes a basis for any cause of action against this State or its political subdivisions, agencies, boards, commissions, departments, officers, or employees.
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(Source: P.A. 94‑383, eff. 1‑1‑06.)
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