Bill Text: IL SB2077 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Deletes provision that the Prisoner Review Board shall revoke parole or mandatory supervised release for violations of the requirement that if the parolee or releasee was convicted for an offense that would qualify the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007, wear an approved electronic monitoring device for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term. Makes other changes concerning violations of parole or mandatory supervised release. Provides for different conditions if the parolee or releasee violates a criminal statute of any jurisdiction during the parole or release term than for violations of other conditions of parole or mandatory supervised release.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2023-03-10 - Added as Co-Sponsor Sen. Napoleon Harris, III [SB2077 Detail]

Download: Illinois-2023-SB2077-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2077 Introduced 2/9/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9
Amends the Unified Code of Corrections. Deletes provision that the Prisoner Review Board shall revoke parole or mandatory supervised release for violations of the requirement that if the parolee or releasee was convicted for an offense that would qualify the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007, wear an approved electronic monitoring device for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term. Makes other changes concerning violations of parole or mandatory supervised release. Provides for different conditions if the parolee or releasee violates a criminal statute of any jurisdiction during the parole or release term than for violations of other conditions of parole or mandatory supervised release.
LRB103 25691 RLC 52040 b
A BILL FOR
SB2077 LRB103 25691 RLC 52040 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 Unified Code of Corrections is amended by
changing Section 3-3-9 as follows:
(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
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 paragraphs (2)
through (21) of subsection (a) of 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 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 and subsection (d) of Section 5-8-1 of

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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) (blank).
(a-1) 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 paragraph (1) of
subsection (a) of 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;
(2) for those released as a result of youthful
offender parole as set forth in Section 5-4.5-115 of this
Code, order that the inmate be subsequently re-released to
serve a specified mandatory supervised release term not to
exceed the full term permitted under the provisions of
Section 5-4.5-115 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;
(3) parole or release the person to a half-way house;
(4) 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

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prior to February 1, 1978 (the effective date of
Public Act 80-1099), 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 clauses (C) and (D) of
this subparagraph (i), 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 of
this Code, the reconfinement period shall be for the

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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
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) this Section is subject to the release under
supervision and the reparole and rerelease provisions
of Section 3-3-10. 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

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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 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

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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
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

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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) (Blank). 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.

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(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. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)