Bill Text: IL HB3584 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the introduced bill. Provides that victim impact statements received by the Prisoner Review Board shall be confidential and privileged (rather than confidential and not discoverable in litigation). Provides that the written report of the Board's recommendations to the Governor shall be privileged (rather than not discoverable in litigation). Makes conforming changes.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0288 [HB3584 Detail]

Download: Illinois-2019-HB3584-Chaptered.html

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Public Act 101-0288
HB3584 Enrolled LRB101 08458 SLF 53534 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Rights of Crime Victims and Witnesses Act is
amended by changing Sections 4.5 and 6 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges, and corrections will provide information,
as appropriate, of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
(a-5) When law enforcement authorities reopen re-open a
closed case to resume investigating, they shall provide notice
of the reopening re-opening of the case, except where the
State's Attorney determines that disclosure of such
information would unreasonably interfere with the
investigation.

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

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

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

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

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

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

(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the victim's
attorney regarding the assertion or enforcement of a
right. If the prosecuting attorney decides not to
assert or enforce a victim's right, the prosecuting
attorney shall notify the victim or the victim's
attorney in sufficient time to allow the victim or the
victim's attorney to assert the right or to seek
enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, and the court
denies the assertion of the right or denies the request
for enforcement of a right, the victim or victim's
attorney may file a motion to assert the victim's right

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

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

the content of the anticipated testimony of the
advocate; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony. The court
shall consider the motion and make findings within 30
days of the filing of the motion. If the court finds by
a preponderance of the evidence that: (i) the
anticipated testimony is not protected by an absolute
privilege; and (ii) the anticipated testimony contains
relevant, admissible, and material evidence that is
not available through other witnesses or evidence, the
court shall issue a subpoena requiring the advocate to
appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera
proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after conducting
the ex parte in camera hearing, the court determines
that due process requires any testimony regarding
confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the

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

the court of this intent in the response to the
defendant's written motion. The victim may choose a
different person to be the victim's support person. The
court may allow the defendant to inquire about matters
outside the scope of the direct examination during
cross-examination cross examination. If the court
allows the defendant to do so, the support person shall
be allowed to remain in the courtroom after the support
person has testified. A defendant who fails to question
the support person about matters outside the scope of
direct examination during the State's case-in-chief
waives the right to challenge the presence of the
support person on appeal. The court shall allow the
support person to testify if called as a witness in the
defendant's case-in-chief or the State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to call
the support person in the State's case-in-chief, the
court shall verify with the support person whether the
support person, if called as a witness, would testify

as set forth in the offer of proof. If the court finds
that the support person would testify as set forth in
the offer of proof, the court shall rule on the
relevance, materiality, and admissibility of the
anticipated testimony. If the court rules the
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person
during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present
in court.
If the victim fails to designate a support person
within 60 days of trial and the defendant has
subpoenaed the support person to testify at trial, the
court may exclude the support person from the trial
until the support person testifies. If the court
excludes the support person the victim may choose
another person as a support person.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records. A
defendant who seeks to subpoena records of or concerning
the victim that are confidential or privileged by law must
seek permission of the court before the subpoena is issued.
The defendant must file a written motion and an offer of

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

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

have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures
that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the
judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall, within
5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days after
sentencing. Failure to timely provide information and
documentation related to restitution shall be deemed a
waiver of the right to restitution. The prosecutor
shall file and serve within 60 days after sentencing a
proposed judgment for restitution and a notice that
includes information concerning the identity of any
victims or other persons seeking restitution, whether
any victim or other person expressly declines
restitution, the nature and amount of any damages

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

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

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

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

the Board shall make all reasonable efforts to obtain the
information and make the notification. When the escapee is
apprehended, the Department of Corrections or the Department of
Juvenile Justice immediately shall notify the Prisoner Review
Board and the Board shall notify the victim.
(4) The victim of the crime for which the prisoner has been
sentenced has the right to register with the Prisoner Review
Board's victim registry. Victims registered with the Board
shall receive reasonable written notice not less than 30 days
prior to the parole hearing or target aftercare release date.
The victim has the right to submit a victim statement for
consideration by the Prisoner Review Board or the Department of
Juvenile Justice in writing, on film, videotape, or other
electronic means, or in the form of a recording prior to the
parole hearing or target aftercare release date, or in person
at the parole hearing or aftercare release protest hearing, or
by calling the toll-free number established in subsection (f)
of this Section. and may submit, in writing, on film, videotape
or other electronic means or in the form of a recording prior
to the parole hearing or target aftercare release date or in
person at the parole hearing or aftercare release protest
hearing or if a victim of a violent crime, by calling the
toll-free number established in subsection (f) of this Section,
information for consideration by the Prisoner Review Board or
Department of Juvenile Justice. The victim shall be notified
within 7 days after the prisoner has been granted parole or

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

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

or the Department of Human Services is released or discharged
and subsequently committed to the Department of Human Services
as a sexually violent person and the victim had requested to be
notified by the releasing authority of the defendant's
discharge, conditional release, death, or escape from State
custody, the releasing authority shall provide to the
Department of Human Services such information that would allow
the Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act and
has been sentenced to the Department of Corrections or the
Department of Juvenile Justice, the Prisoner Review Board or
the Department of Juvenile Justice shall notify the victim of
the sex offense of the prisoner's eligibility for release on
parole, aftercare release, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex offense
from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
notification shall be made to the victim at least 30 days,
whenever possible, before release of the sex offender.
(e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney

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

violent crime as defined in subsection (c) of Section 3 of this
Act. The court shall allow a victim to make an oral statement
if the victim is present in the courtroom and requests to make
an oral statement. An oral statement includes the victim or a
representative of the victim reading the written statement. The
court may allow persons impacted by the crime who are not
victims under subsection (a) of Section 3 of this Act to
present an oral or written statement. A victim and any person
making an oral statement shall not be put under oath or subject
to cross-examination. The court shall consider any statement
presented along with all other appropriate factors in
determining the sentence of the defendant or disposition of
such juvenile.
(a-1) In any case where a defendant has been convicted of a
violation of any statute, ordinance, or regulation relating to
the operation or use of motor vehicles, the use of streets and
highways by pedestrians or the operation of any other wheeled
or tracked vehicle, except parking violations, if the violation
resulted in great bodily harm or death, the person who suffered
great bodily harm, the injured person's representative, or the
representative of a deceased person shall be entitled to notice
of the sentencing hearing. "Representative" includes the
spouse, guardian, grandparent, or other immediate family or
household member of an injured or deceased person. The injured
person or his or her representative and a representative of the
deceased person shall have the right to address the court

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

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

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

amendatory Act of 1977;
(1.5) (blank);
(2) the board of review for cases involving the
revocation of sentence credits or a suspension or reduction
in the rate of accumulating the credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(4) the authority for establishing 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;
(5) the authority for setting conditions for parole and
mandatory supervised release under Section 5-8-1(a) of
this Code, and determining whether a violation of those
conditions warrant revocation of parole or mandatory
supervised release or the imposition of other sanctions;
and
(6) the authority for determining whether a violation
of aftercare release conditions warrant revocation of
aftercare release.
(b) The Board shall consist of 15 persons appointed by the
Governor by and with the advice and consent of the Senate. One
member of the Board shall be designated by the Governor to be
Chairman and shall serve as Chairman at the pleasure of the
Governor. The members of the Board shall have had at least 5
years of actual experience in the fields of penology,

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

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

parole review under Section 5-4.5-115 5-4.5-110;
(1.5) (blank);
(2) the board of review for cases involving the
revocation of sentence credits or a suspension or reduction
in the rate of accumulating the credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(4) the authority for establishing 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;
(5) the authority for setting conditions for parole and
mandatory supervised release under Section 5-8-1(a) of
this Code, and determining whether a violation of those
conditions warrant revocation of parole or mandatory
supervised release or the imposition of other sanctions;
and
(6) the authority for determining whether a violation
of aftercare release conditions warrant revocation of
aftercare release.
(b) The Board shall consist of 15 persons appointed by the
Governor by and with the advice and consent of the Senate. One
member of the Board shall be designated by the Governor to be
Chairman and shall serve as Chairman at the pleasure of the
Governor. The members of the Board shall have had at least 5
years of actual experience in the fields of penology,

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

members whose terms shall expire on the third Monday in January
2005, 5 members whose terms shall expire on the third Monday in
January 2007, and 5 members whose terms shall expire on the
third Monday in January 2009. Their respective successors shall
be appointed for terms of 6 years from the third Monday in
January of the year of appointment. Each member shall serve
until his or her successor is appointed and qualified.
Any member may be removed by the Governor for incompetence,
neglect of duty, malfeasance or inability to serve.
(d) The Chairman of the Board shall be its chief executive
and administrative officer. The Board may have an Executive
Director; if so, the Executive Director shall be appointed by
the Governor with the advice and consent of the Senate. The
salary and duties of the Executive Director shall be fixed by
the Board.
(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19;
revised 4-3-19.)
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
(Text of Section before amendment by P.A. 100-1182)
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 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;
(2) hear by at least one member and through a panel 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. One representative supporting
parole and one representative opposing parole will be
allowed to speak. Their comments shall be limited to making
corrections and filling in omissions to the Board's
presentation and discussion;
(3) hear by at least one member and through a panel 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;
(3.5) hear by at least one member and through a panel
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;
(3.6) hear by at least one member and through a panel
of at least 3 members decide whether to revoke aftercare
release for those committed to the Department of Juvenile
Justice under the Juvenile Court Act of 1987;
(4) hear by at least one member and through a panel of
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 sentence credits under Section 3-6-3 of this
Code in which the Department seeks to revoke sentence
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 sentence credit. The Board may
subsequently approve the revocation of additional sentence
credit, if the Department seeks to revoke sentence 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 sentence credit for any prisoner
or to increase any penalty beyond the length requested by
the Department;
(5) hear by at least one member and through a panel 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;
(6) hear by at least one member and through a panel of
at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor;
(7) comply with the requirements of the Open Parole
Hearings Act;
(8) hear by at least one member and, through a panel 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 sentence
credit, and if the prisoner has not accumulated 180 days of
sentence credit at the time of the dismissal, then all
sentence credit accumulated by the prisoner shall be
revoked;
(9) hear by at least 3 members, and, through a panel 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;
(10) upon a petition by a person who has been convicted
of a Class 3 or Class 4 felony and who meets the
requirements of this paragraph, hear by at least 3 members
and, with the unanimous vote of a panel of 3 members, issue
a certificate of eligibility for sealing recommending that
the court order the sealing of all official records of the
arresting authority, the circuit court clerk, and the
Department of State Police concerning the arrest and
conviction for the Class 3 or 4 felony. A person may not
apply to the Board for a certificate of eligibility for
sealing:
(A) until 5 years have elapsed since the expiration
of his or her sentence;
(B) until 5 years have elapsed since any arrests or
detentions by a law enforcement officer for an alleged
violation of law, other than a petty offense, traffic
offense, conservation offense, or local ordinance

offense;
(C) if convicted of a violation of the Cannabis
Control Act, Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
the Methamphetamine Precursor Control Act, or the
Methamphetamine Precursor Tracking Act unless the
petitioner has completed a drug abuse program for the
offense on which sealing is sought and provides proof
that he or she has completed the program successfully;
(D) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or the Criminal Code of
2012;
(ii) aggravated assault;
(iii) aggravated battery;
(iv) domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of
1961 or the Criminal Code of 2012 involving a
firearm;
(viii) driving while under the influence of
alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof;
(ix) aggravated driving while under the

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

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

state and has not completed one tour of duty.
If a person has applied to the Board for a certificate
of eligibility for expungement and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for a pardon with authorization for
expungement from the Governor unless the Governor or
Chairman of the Prisoner Review Board grants a waiver.
(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 sentence 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 or her parole, aftercare release, 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 or her 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. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14;
98-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
(Text of Section after amendment by P.A. 100-1182)
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 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;
(2) hear by at least one member and through a panel 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. One representative supporting
parole and one representative opposing parole will be
allowed to speak. Their comments shall be limited to making
corrections and filling in omissions to the Board's
presentation and discussion;
(3) hear by at least one member and through a panel 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;
(3.5) hear by at least one member and through a panel
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;
(3.6) hear by at least one member and through a panel
of at least 3 members decide whether to revoke aftercare
release for those committed to the Department of Juvenile
Justice under the Juvenile Court Act of 1987;
(4) hear by at least one member and through a panel of
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 sentence credits under Section 3-6-3 of this
Code in which the Department seeks to revoke sentence
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 sentence credit. The Board may
subsequently approve the revocation of additional sentence
credit, if the Department seeks to revoke sentence 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 sentence credit for any prisoner
or to increase any penalty beyond the length requested by
the Department;
(5) hear by at least one member and through a panel 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;
(6) hear by at least one member and through a panel of
at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor;
(6.5) hear by at least one member who is qualified in
the field of juvenile matters and through a panel of at
least 3 members, 2 of whom are qualified in the field of
juvenile matters, decide parole review cases in accordance
with Section 5-4.5-115 5-4.5-110 of this Code and make
release determinations of persons under the age of 21 at
the time of the commission of an offense or offenses, other
than those persons serving sentences for first degree
murder or aggravated criminal sexual assault;
(6.6) hear by at least a quorum of the Prisoner Review
Board and decide by a majority of members present at the
hearing, in accordance with Section 5-4.5-115 5-4.5-110 of
this Code, release determinations of persons under the age
of 21 at the time of the commission of an offense or

offenses of those persons serving sentences for first
degree murder or aggravated criminal sexual assault;
(7) comply with the requirements of the Open Parole
Hearings Act;
(8) hear by at least one member and, through a panel 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 sentence
credit, and if the prisoner has not accumulated 180 days of
sentence credit at the time of the dismissal, then all
sentence credit accumulated by the prisoner shall be
revoked;
(9) hear by at least 3 members, and, through a panel 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;
(10) upon a petition by a person who has been convicted
of a Class 3 or Class 4 felony and who meets the
requirements of this paragraph, hear by at least 3 members
and, with the unanimous vote of a panel of 3 members, issue
a certificate of eligibility for sealing recommending that
the court order the sealing of all official records of the
arresting authority, the circuit court clerk, and the
Department of State Police concerning the arrest and

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

(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of
1961 or the Criminal Code of 2012 involving a
firearm;
(viii) driving while under the influence of
alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof;
(ix) aggravated driving while under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any
combination thereof; or
(x) any crime defined as a crime of violence
under Section 2 of the Crime Victims Compensation
Act.
If a person has applied to the Board for a certificate
of eligibility for sealing and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for pardon from the Governor unless
the Chairman of the Prisoner Review Board grants a waiver.
The decision to issue or refrain from issuing a
certificate of eligibility for sealing shall be at the
Board's sole discretion, and shall not give rise to any
cause of action against either the Board or its members.
The Board may only authorize the sealing of Class 3 and
4 felony convictions of the petitioner from one information

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

(iii) a crime of violence as defined in Section
2 of the Crime Victims Compensation Act; or
(B) if the person has not served in the United
States Armed Forces or National Guard of this or any
other state or has not received an honorable discharge
from the United States Armed Forces or National Guard
of this or any other state or who at the time of the
filing of the petition is serving in the United States
Armed Forces or National Guard of this or any other
state and has not completed one tour of duty.
If a person has applied to the Board for a certificate
of eligibility for expungement and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for a pardon with authorization for
expungement from the Governor unless the Governor or
Chairman of the Prisoner Review Board grants a waiver.
(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 sentence 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 or her parole, aftercare release, 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 or her 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. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19;
revised 4-3-19.)
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
Sec. 3-3-4. Preparation for parole hearing.
(a) The Prisoner Review Board shall consider the parole of
each eligible person committed to the Department of Corrections
at least 30 days prior to the date he or she shall first become

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

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

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

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

(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
(Text of Section before amendment by P.A. 100-1182)
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
modifying or enlarging the conditions; or
(2) parole or release the person to a half-way house;
or
(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;
(B) Except as set forth in paragraph (C), for 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
sentence credit;
(C) For those subject to sex offender supervision
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;
(ii) the person shall be given credit against
the term of reimprisonment or reconfinement for
time spent in custody since he or she was paroled
or released which has not been credited against
another sentence or period of confinement;
(iii) (blank);
(iv) this Section is subject to the release
under supervision and the reparole and rerelease
provisions of Section 3-3-10.
(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. When parole or mandatory supervised release is not
revoked that period shall be credited to the term, unless a
community-based sanction is imposed as an alternative to
revocation and reincarceration, including a diversion
established by the Illinois Department of Corrections Parole
Services Unit prior to the holding of a preliminary parole
revocation hearing. Parolees who are diverted to a
community-based sanction shall serve the entire term of parole
or mandatory supervised release, if otherwise appropriate.
(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 or her.
(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. 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 or her 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. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
99-628, eff. 1-1-17.)
(Text of Section after amendment by P.A. 100-1182)
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
modifying or enlarging the conditions; or
(1.5) for those released as a result of youthful
offender parole as set forth in Section 5-4.5-115 5-4.5-110
of this Code, order that the inmate be subsequently
rereleased to serve a specified mandatory supervised
release term not to exceed the full term permitted under
the provisions of Section 5-4.5-115 5-4.5-110 and
subsection (d) of Section 5-8-1 of this Code and may modify
or enlarge the conditions of the release as the Board deems
proper; or
(2) parole or release the person to a half-way house;
or
(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;
(B) Except as set forth in paragraphs (C) and (D),
for 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
sentence credit;
(C) For those subject to sex offender supervision
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;
(D) For those released as a result of youthful
offender parole as set forth in Section 5-4.5-115
5-4.5-110 of this Code, the reconfinement period 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 mandatory
supervised release term previously earned. The Board
may also order that the inmate be subsequently
rereleased to serve a specified mandatory supervised
release term not to exceed the full term permitted
under the provisions of Section 5-4.5-115 5-4.5-110
and subsection (d) of Section 5-8-1 of this Code and
may modify or enlarge the conditions of the release as
the Board deems proper;
(ii) the person shall be given credit against the
term of reimprisonment or reconfinement for time spent
in custody since he or she was paroled or released
which has not been credited against another sentence or
period of confinement;
(iii) (blank);
(iv) this Section is subject to the release under
supervision and the reparole and rerelease provisions
of Section 3-3-10.
(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. When parole or mandatory supervised release is not

revoked that period shall be credited to the term, unless a
community-based sanction is imposed as an alternative to
revocation and reincarceration, including a diversion
established by the Illinois Department of Corrections Parole
Services Unit prior to the holding of a preliminary parole
revocation hearing. Parolees who are diverted to a
community-based sanction shall serve the entire term of parole
or mandatory supervised release, if otherwise appropriate.
(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 or her.
(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. 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 or her 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. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19;
revised 4-3-19.)
(730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
Sec. 3-3-13. Procedure for Executive Clemency.
(a) Petitions seeking pardon, commutation, or reprieve
shall be addressed to the Governor and filed with the Prisoner
Review Board. The petition shall be in writing and signed by
the person under conviction or by a person on his behalf. It
shall contain a brief history of the case, the reasons for
seeking executive clemency, and other relevant information the
Board may require.
(a-5) After a petition has been denied by the Governor, the

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

counsel, if desired, after which it shall confidentially advise
the Governor by a written report of its recommendations which
shall be determined by majority vote. The written report to the
Governor shall be confidential and privileged, including any
reports made prior to the effective date of this amendatory Act
of the 101st General Assembly. The Board shall meet to consider
such petitions no less than 4 times each year.
Application for executive clemency under this Section may
not be commenced on behalf of a person who has been sentenced
to death without the written consent of the defendant, unless
the defendant, because of a mental or physical condition, is
incapable of asserting his or her own claim.
(d) The Governor shall decide each application and
communicate his decision to the Board which shall notify the
petitioner.
In the event a petitioner who has been convicted of a Class
X felony is granted a release, after the Governor has
communicated such decision to the Board, the Board shall give
written notice to the Sheriff of the county from which the
offender was sentenced if such sheriff has requested that such
notice be given on a continuing basis. In cases where arrest of
the offender or the commission of the offense took place in any
municipality with a population of more than 10,000 persons, the
Board shall also give written notice to the proper law
enforcement agency for said municipality which has requested
notice on a continuing basis.

(e) Nothing in this Section shall be construed to limit the
power of the Governor under the constitution to grant a
reprieve, commutation of sentence, or pardon.
(Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
(730 ILCS 5/5-4.5-115)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 5-4.5-115 5-4.5-110. Parole review of persons under
the age of 21 at the time of the commission of an offense.
(a) For purposes of this Section, "victim" means a victim
of a violent crime as defined in subsection (a) of Section 3 of
the Rights of Crime Victims and Witnesses Act including a
witness as defined in subsection (b) of Section 3 of the Rights
of Crime Victims and Witnesses Act; any person legally related
to the victim by blood, marriage, adoption, or guardianship;
any friend of the victim; or any concerned citizen.
(b) A person under 21 years of age at the time of the
commission of an offense or offenses, other than first degree
murder, and who is not serving a sentence for first degree
murder and who is sentenced on or after June 1, 2019 (the
effective date of Public Act 100-1182) this amendatory Act of
the 100th General Assembly shall be eligible for parole review
by the Prisoner Review Board after serving 10 years or more of
his or her sentence or sentences, except for those serving a
sentence or sentences for: (1) aggravated criminal sexual

assault who shall be eligible for parole review by the Prisoner
Review Board after serving 20 years or more of his or her
sentence or sentences or (2) predatory criminal sexual assault
of a child who shall not be eligible for parole review by the
Prisoner Review Board under this Section. A person under 21
years of age at the time of the commission of first degree
murder who is sentenced on or after June 1, 2019 (the effective
date of Public Act 100-1182) this amendatory Act of the 100th
General Assembly shall be eligible for parole review by the
Prisoner Review Board after serving 20 years or more of his or
her sentence or sentences, except for those subject to a term
of natural life imprisonment under Section 5-8-1 of this Code
or any person subject to sentencing under subsection (c) of
Section 5-4.5-105 of this Code.
(c) Three years prior to becoming eligible for parole
review, the eligible person may file his or her petition for
parole review with the Prisoner Review Board. The petition
shall include a copy of the order of commitment and sentence to
the Department of Corrections for the offense or offenses for
which review is sought. Within 30 days of receipt of this
petition, the Prisoner Review Board shall determine whether the
petition is appropriately filed, and if so, shall set a date
for parole review 3 years from receipt of the petition and
notify the Department of Corrections within 10 business days.
If the Prisoner Review Board determines that the petition is
not appropriately filed, it shall notify the petitioner in

writing, including a basis for its determination.
(d) Within 6 months of the Prisoner Review Board's
determination that the petition was appropriately filed, a
representative from the Department of Corrections shall meet
with the eligible person and provide the inmate information
about the parole hearing process and personalized
recommendations for the inmate regarding his or her work
assignments, rehabilitative programs, and institutional
behavior. Following this meeting, the eligible person has 7
calendar days to file a written request to the representative
from the Department of Corrections who met with the eligible
person of any additional programs and services which the
eligible person believes should be made available to prepare
the eligible person for return to the community.
(e) One year prior to the person being eligible for parole,
counsel shall be appointed by the Prisoner Review Board upon a
finding of indigency. The eligible person may waive appointed
counsel or retain his or her own counsel at his or her own
expense.
(f) Nine months prior to the hearing, the Prisoner Review
Board shall provide the eligible person, and his or her
counsel, any written documents or materials it will be
considering in making its decision unless the written documents
or materials are specifically found to: (1) include information
which, if disclosed, would damage the therapeutic relationship
between the inmate and a mental health professional; (2)

subject any person to the actual risk of physical harm; (3)
threaten the safety or security of the Department or an
institution. In accordance with Section 4.5(d)(4) of the Rights
of Crime Victims and Witnesses Act and Section 10 35 of the
Open Parole Hearings Act, victim impact statements provided to
the Board shall be confidential and privileged, including any
statements received prior to the effective date of this
amendatory Act of the 101st General Assembly, except if the
statement was an oral statement made by the victim at a hearing
open to the public. Victim statements either oral, written,
video-taped, tape recorded or made by other electronic means
shall not be considered public documents under the provisions
of the Freedom of Information Act. The inmate or his or her
attorney shall not be given a copy of the statement, but shall
be informed of the existence of a victim impact statement and
the position taken by the victim on the inmate's request for
parole. This shall not be construed to permit disclosure to an
inmate of any information which might result in the risk of
threats or physical harm to a victim. The Prisoner Review Board
shall have an ongoing duty to provide the eligible person, and
his or her counsel, with any further documents or materials
that come into its possession prior to the hearing subject to
the limitations contained in this subsection.
(g) Not less than 12 months prior to the hearing, the
Prisoner Review Board shall provide notification to the State's
Attorney of the county from which the person was committed and

written notification to the victim or family of the victim of
the scheduled hearing place, date, and approximate time. The
written notification shall contain: (1) information about
their right to be present, appear in person at the parole
hearing, and their right to make an oral statement and submit
information in writing, by videotape, tape recording, or other
electronic means; (2) a toll-free number to call for further
information about the parole review process; and (3)
information regarding available resources, including
trauma-informed therapy, they may access. If the Board does not
have knowledge of the current address of the victim or family
of the victim, it shall notify the State's Attorney of the
county of commitment and request assistance in locating the
victim or family of the victim. Those victims or family of the
victims who advise the Board in writing that they no longer
wish to be notified shall not receive future notices. A victim
shall have the right to submit information by videotape, tape
recording, or other electronic means. The victim may submit
this material prior to or at the parole hearing. The victim
also has the right to be heard at the parole hearing.
(h) The hearing conducted by the Prisoner Review Board
shall be governed by Sections 15 and 20, subsection (f) of
Section 5, subsections subsection (a), (a-5), (b), (b-5), and
(c) of Section 10, and subsection (d) of Section 25, and
subsections (a), (b), and (e) of Section 35 of the Open Parole
Hearings Act and Part 1610 of Title 20 of the Illinois

Administrative Code. The eligible person has a right to be
present at the Prisoner Review Board hearing, unless the
Prisoner Review Board determines the eligible person's
presence is unduly burdensome when conducting a hearing under
paragraph (6.6) of subsection (a) of Section 3-3-2 of this
Code. If a psychological evaluation is submitted for the
Prisoner Review Board's consideration, it shall be prepared by
a person who has expertise in adolescent brain development and
behavior, and shall take into consideration the diminished
culpability of youthful offenders, the hallmark features of
youth, and any subsequent growth and increased maturity of the
person. At the hearing, the eligible person shall have the
right to make a statement on his or her own behalf.
(i) Only upon motion for good cause shall the date for the
Prisoner Review Board hearing, as set by subsection (b) of this
Section, be changed. No less than 15 days prior to the hearing,
the Prisoner Review Board shall notify the victim or victim
representative, the attorney, and the eligible person of the
exact date and time of the hearing. All hearings shall be open
to the public.
(j) The Prisoner Review Board shall not parole the eligible
person if it determines that:
(1) there is a substantial risk that the eligible
person will not conform to reasonable conditions of parole
or aftercare release; or
(2) the eligible person's release at that time would

deprecate the seriousness of his or her offense or promote
disrespect for the law; or
(3) the eligible person's release would have a
substantially adverse effect on institutional discipline.
In considering the factors affecting the release
determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
Review Board panel shall consider the diminished culpability of
youthful offenders, the hallmark features of youth, and any
subsequent growth and maturity of the youthful offender during
incarceration.
(k) Unless denied parole under subsection (j) of this
Section and subject to the provisions of Section 3-3-9 of this
Code: (1) the eligible person serving a sentence for any
non-first degree murder offense or offenses, shall be released
on parole which shall operate to discharge any remaining term
of years sentence imposed upon him or her, notwithstanding any
required mandatory supervised release period the eligible
person is required to serve; and (2) the eligible person
serving a sentence for any first degree murder offense, shall
be released on mandatory supervised release for a period of 10
years subject to Section 3-3-8, which shall operate to
discharge any remaining term of years sentence imposed upon him
or her, however in no event shall the eligible person serve a
period of mandatory supervised release greater than the
aggregate of the discharged underlying sentence and the
mandatory supervised release period as sent forth in Section

5-4.5-20.
(l) If the Prisoner Review Board denies parole after
conducting the hearing under subsection (j) of this Section, it
shall issue a written decision which states the rationale for
denial, including the primary factors considered. This
decision shall be provided to the eligible person and his or
her counsel within 30 days.
(m) A person denied parole under subsection (j) of this
Section, who is not serving a sentence for either first degree
murder or aggravated criminal sexual assault, shall be eligible
for a second parole review by the Prisoner Review Board 5 years
after the written decision under subsection (l) of this
Section; a person denied parole under subsection (j) of this
Section, who is serving a sentence or sentences for first
degree murder or aggravated criminal sexual assault shall be
eligible for a second and final parole review by the Prisoner
Review Board 10 years after the written decision under
subsection (k) of this Section. The procedures for a second
parole review shall be governed by subsections (c) through (k)
of this Section.
(n) A person denied parole under subsection (m) of this
Section, who is not serving a sentence for either first degree
murder or aggravated criminal sexual assault, shall be eligible
for a third and final parole review by the Prisoner Review
Board 5 years after the written decision under subsection (l)
of this Section. The procedures for the third and final parole

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

shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program
or the county impact incarceration program is not an authorized
disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of
probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. Drug court is not an authorized
disposition.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning no credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
monitoring and home detention are not authorized dispositions,
except in limited circumstances as provided in Section 5-8A-3
(730 ILCS 5/5-8A-3).
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or

mandatory supervised release term shall be 3 years upon release
from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.)
(Text of Section after amendment by P.A. 100-1182)
Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
degree murder:
(a) TERM. The defendant shall be sentenced to imprisonment
or, if appropriate, death under Section 9-1 of the Criminal
Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
Imprisonment shall be for a determinate term, subject to
Section 5-4.5-115 5-4.5-110 of this Code, of (1) not less than
20 years and not more than 60 years; (2) not less than 60 years
and not more than 100 years when an extended term is imposed
under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
provided in Section 5-8-1 (730 ILCS 5/5-8-1).
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program
or the county impact incarceration program is not an authorized
disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of
probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)

concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. Drug court is not an authorized
disposition.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning no credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
monitoring and home detention are not authorized dispositions,
except in limited circumstances as provided in Section 5-8A-3
(730 ILCS 5/5-8A-3).
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
mandatory supervised release term shall be 3 years upon release
from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
revised 4-3-19.)
(730 ILCS 5/5-4.5-25)
(Text of Section before amendment by P.A. 100-1182)
Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
felony:

(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than 6 years and not more than
30 years. The sentence of imprisonment for an extended term
Class X felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be not less than 30 years and not more than 60
years.
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program
or the county impact incarceration program is not an authorized
disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of
probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning no credit for time spent in home
detention prior to judgment.

(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be 3 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.)
(Text of Section after amendment by P.A. 100-1182)
Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence, subject to Section 5-4.5-115 5-4.5-110
of this Code, of not less than 6 years and not more than 30
years. The sentence of imprisonment for an extended term Class
X felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2),
subject to Section 5-4.5-115 5-4.5-110 of this Code, shall be
not less than 30 years and not more than 60 years.
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
shall not be imposed.
(c) IMPACT INCARCERATION. The impact incarceration program
or the county impact incarceration program is not an authorized
disposition.

(d) PROBATION; CONDITIONAL DISCHARGE. A period of
probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning no credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be 3 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
revised 4-3-19.)

(730 ILCS 5/5-4.5-30)
(Text of Section before amendment by P.A. 100-1182)
Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
felony:
(a) TERM. The sentence of imprisonment, other than for
second degree murder, shall be a determinate sentence of not
less than 4 years and not more than 15 years. The sentence of
imprisonment for second degree murder shall be a determinate
sentence of not less than 4 years and not more than 20 years.
The sentence of imprisonment for an extended term Class 1
felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall
be a term not less than 15 years and not more than 30 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of from 3 to 4 years,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed 4
years. The court shall specify the conditions of probation or
conditional discharge as set forth in Section 5-6-3 (730 ILCS

5/5-6-3). In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a Class 1
felony committed while he or she was serving a term of
probation or conditional discharge for a felony.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
(730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall

be 2 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17.)
(Text of Section after amendment by P.A. 100-1182)
Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
felony:
(a) TERM. The sentence of imprisonment, other than for
second degree murder, shall be a determinate sentence of not
less than 4 years and not more than 15 years, subject to
Section 5-4.5-115 5-4.5-110 of this Code. The sentence of
imprisonment for second degree murder shall be a determinate
sentence of not less than 4 years and not more than 20 years,
subject to Section 5-4.5-115 5-4.5-110 of this Code. The
sentence of imprisonment for an extended term Class 1 felony,
as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
Section 5-4.5-115 5-4.5-110 of this Code, shall be a term not
less than 15 years and not more than 30 years.
(b) PERIODIC IMPRISONMENT. A sentence of periodic
imprisonment shall be for a definite term of from 3 to 4 years,
except as otherwise provided in Section 5-5-3 or 5-7-1 (730
ILCS 5/5-5-3 or 5/5-7-1).
(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
the impact incarceration program or the county impact
incarceration program.
(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided

in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
period of probation or conditional discharge shall not exceed 4
years. The court shall specify the conditions of probation or
conditional discharge as set forth in Section 5-6-3 (730 ILCS
5/5-6-3). In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a Class 1
felony committed while he or she was serving a term of
probation or conditional discharge for a felony.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning credit for time spent in home
detention prior to judgment.
(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
(730 ILCS 130/) for rules and regulations for sentence credit.
(k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for

electronic monitoring and home detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
5/5-8-1), the parole or mandatory supervised release term shall
be 2 years upon release from imprisonment.
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
revised 4-3-19.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
(Text of Section before amendment by P.A. 100-1182)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, according to the following
limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 are

present, the court may sentence the defendant, subject
to Section 5-4.5-105, to a term of natural life
imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional

agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in

activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment
imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term
of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is

convicted under the circumstances described in subdivision
(b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
(b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
or paragraph (2) of subsection (d) of Section 12-14,
subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
of subsection (b) of Section 12-14.1, subdivision (b)(2) of
Section 11-1.40 or paragraph (2) of subsection (b) of
Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, the sentence shall be a term of
natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be written as
part of the sentencing order and shall be as follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for

the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;

(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
eff. 8-25-17.)
(Text of Section after amendment by P.A. 100-1182)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, subject to Section 5-4.5-115
5-4.5-110 of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection (a)(1)(c)
of this Section, that any of the aggravating factors
listed in subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 are
present, the court may sentence the defendant, subject

to Section 5-4.5-105, to a term of natural life
imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than one
victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course

of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For

the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d) (i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense,
the person personally discharged a firearm, 20
years shall be added to the term of imprisonment
imposed by the court;
(iii) if, during the commission of the
offense, the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, 25 years or up to a term
of natural life shall be added to the term of
imprisonment imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision

(b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
(b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
or paragraph (2) of subsection (d) of Section 12-14,
subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
of subsection (b) of Section 12-14.1, subdivision (b)(2) of
Section 11-1.40 or paragraph (2) of subsection (b) of
Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, the sentence shall be a term of
natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be written as
part of the sentencing order and shall be as follows:
(1) for first degree murder or a Class X felony except
for the offenses of predatory criminal sexual assault of a
child, aggravated criminal sexual assault, and criminal
sexual assault if committed on or after the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.1B, 11-20.3, or 11-20.1 with
sentencing under subsection (c-5) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or

after the effective date of this amendatory Act of the 94th
General Assembly and except for the offenses of manufacture
and dissemination of child pornography under clauses
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after the
effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, the term of
mandatory supervised release shall range from a minimum of
3 years to a maximum of the natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic

battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years.
(e) (Blank).
(f) (Blank).
(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
eff. 8-25-17; 100-1182, eff. 6-1-19; revised 4-3-19.)
Section 15. The Open Parole Hearings Act is amended by
changing Sections 10 and 25 as follows:
(730 ILCS 105/10) (from Ch. 38, par. 1660)
Sec. 10. Victim Victim's statements.
(a) The Board shall receive and consider victim statements.
(a-5) Pursuant to paragraph (19) of subsection (b) of
Section 4.5 of the Rights of Crime Victims and Witnesses Act
Upon request of the victim, the State's Attorney shall forward
a copy of any statement presented at the time of trial to the
Prisoner Review Board to be considered at the time of a parole
hearing.
(b) The victim has the right to submit a victim statement
for consideration by the Prisoner Review Board in writing, on
film, videotape, or other electronic means, or in the form of a
recording prior to the parole hearing, or orally at the parole
hearing, or by calling the toll-free number established in
subsection (f) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act. Victim statements shall not be considered

public documents under provisions of the Freedom of Information
Act.
(b-5) Other than as provided in subsection (c), the Board
shall not release any material to the inmate, the inmate's
attorney, any third party, or any other person that contains
any information from a victim who has provided a victim
statement to the Board, unless provided with a waiver from that
victim. The Board shall not release the names or addresses of
any person on its victim registry to any other person except
the victim, a law enforcement agency, or other victim
notification system. Victim statements provided to the Board
shall be confidential and privileged, including any statements
received prior to the effective date of this amendatory Act of
the 101st General Assembly, except if the statement was an oral
statement made by the victim at a hearing open to the public.
(c) The inmate or his or her attorney shall be informed of
the existence of a victim statement and its contents under
provisions of Board rules. This shall not be construed to
permit disclosure to an inmate of any information which might
result in the risk of threats or physical harm to a victim or
complaining witness.
(d) The inmate shall be given the opportunity to answer a
victim statement, either orally or in writing.
(e) All victim statements, except if the statement was an
oral statement made by the victim at a hearing open to the
public, shall be part of the applicant's, releasee's, or

parolee's parole file. The victim may enter a statement either
oral, written, on video tape, or other electronic means in the
form and manner described by the Prisoner Review Board to be
considered at the time of a parole consideration hearing.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
(730 ILCS 105/25) (from Ch. 38, par. 1675)
Sec. 25. Notification of future parole hearings.
(a) The Board shall notify the State's Attorney of the
committing county of the pending hearing and the victim of all
forthcoming parole hearings at least 15 days in advance.
Written notification shall contain:
(1) notification of the place of the hearing;
(2) the date and approximate time of the hearing;
(3) their right to enter a statement, to appear in
person, and to submit other information by video tape, tape
recording, or other electronic means in the form and manner
described by the Board or if a victim of a violent crime as
defined in subsection (c) of Section 3 of the Rights of
Crime Victims and Witnesses Act, by calling the toll-free
number established in subsection (f) of Section 4.5 of the
Rights of Crime Victims and Witnesses Act subsection (f) of
that Section.
Notification to the victims shall be at the last known
address of the victim. It shall be the responsibility of the
victim to notify the board of any changes in address and name.

(b) However, at any time the victim may request by a
written certified statement that the Prisoner Review Board stop
sending notice under this Section.
(c) (Blank).
(d) No later than 7 days after a parole hearing the Board
shall send notice of its decision to the State's Attorney and
victim. If parole is denied, the Board shall within a
reasonable period of time notify the victim of the month and
year of the next scheduled hearing.
(Source: P.A. 93-235, eff. 7-22-03.)
(730 ILCS 105/35 rep.)
Section 20. The Open Parole Hearings Act is amended by
repealing Section 35.