CD CORR-EARNED REENTRY

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2764

Introduced 2/6/2025, by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-3-3

from Ch. 38, par. 1003-3-3
730 ILCS 5/3-3-3.1 new
730 ILCS 5/3-5-1

Amends the Unified Code of Corrections. Provides that notwithstanding
anything to the contrary in specified provisions of law, a person serving a
term of imprisonment, including terms of natural life, in a Department of
Corrections institution or facility is eligible for earned reentry.
Provides that for the first year following the effective date of the
amendatory Act, a person is eligible for earned reentry if he or she has
served a term of imprisonment of at least 35 consecutive years. Provides
that for the second year following the effective date of the amendatory
Act, a person is eligible for earned reentry if he or she has served a term
of imprisonment of at least 25 consecutive years. Provides that for the
third year following the effective date of the amendatory Act and each year
thereafter, a person is eligible for earned reentry if he or she has served
a term of imprisonment of at least 20 consecutive years. Provides that
hearings for earned reentry shall be administered by the Prisoner Review
Board. Establishes procedures for the hearing. Removes provision that no
person serving a term of natural life imprisonment may be paroled or
released except through executive clemency. Provides that if any
incarcerated person is released on earned reentry, his or her sentence
shall be considered complete after the term of mandatory supervised
release. Applies retroactively. Provides that nothing in the provision
shall be construed to delay parole or mandatory supervised release
consideration for petitioners who are or will be eligible for release
earlier than the provision provides. Provides that nothing in the
provision 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 the provision.
Contains a severability provision. Defines "earned reentry". Effective
January 1, 2026.
LRB104 08590 RLC 18642 b

A BILL FOR

HB2764
LRB104 08590 RLC 18642 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Purpose.
In recognition of the historical
5
harms of systemic racism and overly punitive sentencing, as
6
well as concerns to address mass incarceration and safely
7
reduce the prison population, this Act is needed to ensure
8
that persons are not serving excessive sentences with no
9
public benefit. By utilizing and extending existing review
10
mechanisms, this Act will reduce unnecessary incarceration,
11
reduce costs of incarceration, provide incentive to people
12
with long sentences to prepare for productive lives, make
13
prisons safer for incarcerated persons and prison staff, and
14
help bring the State in compliance with Section 11 of Article I
15
of the Illinois Constitution, which mandates that all
16
penalties aim to restore incarcerated people to useful
17
citizenship.

18

Section 5.
The Unified Code of Corrections is amended by
19
changing Sections 3-3-3 and 3-5-1 and by adding Section
20
3-3-3.1 as follows:

21

(730 ILCS 5/3-3-3)

(from Ch. 38, par. 1003-3-3)
22

Sec. 3-3-3.
Eligibility for parole or release.

HB2764
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LRB104 08590 RLC 18642 b
1

(a)
Except as otherwise provided in Section 3-3-3.1 and
2
except

Except
for those offenders who accept the fixed release
3
date established by the Prisoner Review Board under Section
4
3-3-2.1, every person serving a term of imprisonment under the
5
law in effect prior to the effective date of this amendatory
6
Act of 1977 shall be eligible for parole when he or she has
7
served:
8

(1) the minimum term of an indeterminate sentence less
9

time credit for good behavior, or 20 years less time
10

credit for good behavior, whichever is less; or
11

(2) 20 years of a life sentence less time credit for
12

good behavior; or
13

(3) 20 years or one-third of a determinate sentence,
14

whichever is less, less time credit for good behavior.
15

(b)
Except as otherwise provided in Section 3-3-3.1, no

No

16
person sentenced under this amendatory Act of 1977 or who
17
accepts a release date under Section 3-3-2.1 shall be eligible
18
for parole.
19

(c)
Except as otherwise provided in Section 3-3-3.1, and
20
except

Except
for those sentenced to a term of natural life
21
imprisonment, every person sentenced to imprisonment under
22
this amendatory Act of 1977 or given a release date under
23
Section 3-3-2.1 of this Act shall serve the full term of a
24
determinate sentence less time credit for good behavior and
25
shall then be released under the mandatory supervised release
26
provisions of paragraph (d) of Section 5-8-1 of this Code.

HB2764
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LRB104 08590 RLC 18642 b
1

(d)
(Blank).

No person serving a term of natural life
2
imprisonment may be paroled or released except through
3
executive clemency.
4

(e) Every person committed to the Department of Juvenile
5
Justice under the Juvenile Court Act of 1987 and confined in
6
the State correctional institutions or facilities if such
7
juvenile has not been tried as an adult shall be eligible for
8
aftercare release under Section 3-2.5-85 of this Code.
9
However, if a juvenile has been tried as an adult he or she
10
shall only be eligible for parole or mandatory supervised
11
release as an adult under this Section.
12
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17
.)

13

(730 ILCS 5/3-3-3.1 new)
14

Sec. 3-3-3.1.
Earned reentry; earned reentry hearings;
15
sentences of 20 years or longer; life imprisonment; reentry.
16

(a) Definition. "Earned reentry" means the termination of
17
an incarcerated person's sentence that he or she is granted by
18
the Prisoner Review Board as provided in this Act. If an
19
incarcerated person is granted earned reentry, his or her
20
sentence shall be considered complete after the term of
21
mandatory supervised release.

22

(b) Notwithstanding anything to the contrary in any
23
provision of this Code, Article 122 of the Code of Criminal
24
Procedure of 1963, or Article X or Section 2-1401 of the Code
25
of Civil Procedure, a person serving terms of imprisonment,

HB2764
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LRB104 08590 RLC 18642 b
1
including terms of natural life, in a Department of
2
Corrections institution or facility is eligible for earned
3
reentry under this Section if he or she has served terms of
4
imprisonment specified in subsection (d). Hearings for earned
5
reentry shall be administered by the Prisoner Review Board.
6

(c) The Prisoner Review Board shall contact persons
7
eligible for earned reentry and conduct hearings to determine
8
whether they shall obtain earned reentry as provided by this
9
Section and the Open Parole Hearings Act unless otherwise
10
specified in this Section.
11

(d) Implementation schedule. For the first year following
12
the effective date of this amendatory Act of the 104th General
13
Assembly, a person is eligible for earned reentry under this
14
Section if he or she has served a term of imprisonment of at
15
least 35 consecutive years. For the second year following the
16
effective date of this amendatory Act of the 104th General
17
Assembly, a person is eligible for earned reentry under this
18
Section if he or she has served a term of imprisonment of at
19
least 25 consecutive years. For the third year following the
20
effective date of this amendatory Act of the 104th General
21
Assembly and each year thereafter, a person is eligible for
22
earned reentry under this Act if he or she has served a term of
23
imprisonment of at least 20 consecutive years.
24

(e) Victims and victims' families shall be notified in a
25
timely manner and provided an opportunity to participate in
26
the hearing in accordance with the Rights of Crime Victims and

HB2764
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LRB104 08590 RLC 18642 b
1
Witnesses Act, the Open Parole Hearings Act, and this Article.
2

(f) In determining whether a candidate should obtain
3
earned reentry, the Prisoner Review Board shall consider the
4
following factors:
5

(1) a statement, oral or written, by the candidate as
6

to the reasons why he or she should obtain earned reentry;
7

(2) any evidence of the candidate's rehabilitation
8

during the period of his or her incarceration, including
9

remorse for any criminal acts, if applicable;
10

(3) any evidence of the likelihood that the candidate
11

will not recidivate;
12

(4) any character references, letters of support from
13

family or community members, or references by staff,
14

volunteers, or incarcerated persons in the Department of
15

Corrections;
16

(5) any evidence of the candidate's participation in
17

educational, vocational, substance abuse, behavior
18

modification, life skills, or reentry planning programs;
19

(6) the candidate's disciplinary record while
20

incarcerated;
21

(7) the candidate's employment history while
22

incarcerated;
23

(8) the candidate's criminal history; and
24

(9) the candidate's parole plan, including plans for
25

housing, employment, and community support upon release
26

from incarceration.

HB2764
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LRB104 08590 RLC 18642 b
1

(g) If the programs or employment opportunities described
2
in this Section were not available to this candidate, the
3
Board shall not penalize the candidate for failure to
4
participate in them; nor shall the board penalize a candidate
5
for choosing not to work for the Department of Corrections;
6
nor shall the Board penalize a candidate for maintaining his
7
or her claim of innocence.
8

(h) Notification. The Prisoner Review Board shall notify
9
all persons who become eligible for earned reentry under
10
subsection (d) within 2 months of their becoming eligible and
11
inform them that the Prisoner Review Board will consider them
12
for earned reentry.
13

(i) Hearings.
14

(1) Hearings under this Section shall be conducted by
15

a panel of at least 3 members of the Board. A majority vote
16

of the members present and voting at the hearing is
17

required to grant the candidate earned reentry.
18

(2) In the first 2 years following the effective date
19

of this amendatory Act of the 104th General Assembly,
20

hearings shall be held for each eligible person (who has
21

not deferred) within one year of the person becoming
22

eligible as specified in subsection (d). Beginning the
23

third year following the effective date of this amendatory
24

Act of the 104th General Assembly and every year
25

thereafter, hearings shall be held for each eligible
26

person (who has not deferred) within 8 months of the

HB2764
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LRB104 08590 RLC 18642 b
1

person becoming eligible as specified in subsection (d).
2

(j) Deferrals. Any person who is notified of the person's
3
eligibility for earned reentry under this Section may defer
4
the person's eligibility for 2 years by notifying the Prisoner
5
Review Board within 3 months of receiving notification of
6
eligibility.

7

(k) If earned reentry is denied under this Section, the
8
Board shall provide a written statement to the candidate that
9
shall include the reasons for the denial, what the candidate
10
must accomplish to attain earned reentry in the future, and
11
when the candidate is eligible to reapply for earned reentry,
12
which shall be no later than 2 years after the denial. The
13
candidate may seek a continuance of up to 2 additional years.
14

(l) An incarcerated person described in this Section may
15
not be barred from any programming because his or her maximum
16
out date is not in the near future.
17

(m) Every incarcerated person described in this Section
18
may bring legal counsel or an advocate of his or her choice to
19
the earned reentry hearing.
20

(n) Every incarcerated person described in this Section
21
may attend and testify at his or her earned reentry hearing in
22
person or by video-conference or may have counsel or an
23
advocate read a statement.
24

(o) Every incarcerated person described in this Section
25
shall be provided full and complete access to his or her master
26
record file, with the exception of the names of verified

HB2764
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LRB104 08590 RLC 18642 b
1
confidential informants, at least 60 days prior to any earned
2
reentry hearing.
3

(p) This Section applies retroactively to every person
4
currently serving a term of imprisonment in a Department of
5
Corrections institution or facility, which is necessary in
6
order to serve the important objectives listed in the
7
preamble, including that of restoring incarcerated individuals
8
to useful citizenship, as required by Section 11 of Article 1
9
of the Illinois Constitution.
10

(q) Nothing in this Section guarantees release. It only
11
provides the opportunity for the incarcerated person to
12
demonstrate his or her readiness to obtain earned reentry.
13

(r) N
othing in this Section shall be construed to delay
14
parole or mandatory supervised release consideration for
15
petitioners who are or will be eligible for release earlier
16
than this Section provides. Nothing in this Section shall be
17
construed as a limit, substitution, or bar on a person's right
18
to sentencing relief, or any other manner of relief, obtained
19
by order of a court in proceedings other than as provided in
20
this Section.

21

(730 ILCS 5/3-5-1)
22

Sec. 3-5-1.
Master record file.
23

(a) The Department of Corrections and the Department of
24
Juvenile Justice shall maintain a master record file on each
25
person committed to it, which shall contain the following

HB2764
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LRB104 08590 RLC 18642 b
1
information:
2

(1) all information from the committing court;
3

(1.5) ethnic and racial background data collected in
4

accordance with Section 4.5 of the Criminal Identification
5

Act and Section 2-5 of the No Representation Without
6

Population Act;
7

(1.6) the committed person's last known complete
8

street address prior to incarceration or legal residence
9

collected in accordance with Section 2-5 of the No
10

Representation Without Population Act;
11

(2) reception summary;
12

(3) evaluation and assignment reports and
13

recommendations;
14

(4) reports as to program assignment and progress;
15

(5) reports of disciplinary infractions and
16

disposition, including tickets and Administrative Review
17

Board action;
18

(6) any parole or aftercare release plan;
19

(7) any parole or aftercare release reports;
20

(8) the date and circumstances of final discharge;
21

(9) criminal history;
22

(10) current and past gang affiliations and ranks;
23

(11) information regarding associations and family
24

relationships;
25

(12) any grievances filed and responses to those
26

grievances;

HB2764
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LRB104 08590 RLC 18642 b
1

(13) other information that the respective Department
2

determines is relevant to the secure confinement and
3

rehabilitation of the committed person;
4

(14) the last known address provided by the person
5

committed; and
6

(15) all medical and dental records.
7

(b)
Except as otherwise provided in Section 3-3-3.1, all

8
All
files shall be confidential and access shall be limited to
9
authorized personnel of the respective Department or by
10
disclosure in accordance with a court order or subpoena.
11
Personnel of other correctional, welfare or law enforcement
12
agencies may have access to files under rules and regulations
13
of the respective Department. The respective Department shall
14
keep a record of all outside personnel who have access to
15
files, the files reviewed, any file material copied, and the
16
purpose of access. If the respective Department or the
17
Prisoner Review Board makes a determination under this Code
18
which affects the length of the period of confinement or
19
commitment, the committed person and his counsel shall be
20
advised of factual information relied upon by the respective
21
Department or Board to make the determination, provided that
22
the Department or Board shall not be required to advise a
23
person committed to the Department of Juvenile Justice any
24
such information which in the opinion of the Department of
25
Juvenile Justice or Board would be detrimental to his
26
treatment or rehabilitation.

HB2764
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LRB104 08590 RLC 18642 b
1

(c) The master file shall be maintained at a place
2
convenient to its use by personnel of the respective
3
Department in charge of the person. When custody of a person is
4
transferred from the Department to another department or
5
agency, a summary of the file shall be forwarded to the
6
receiving agency with such other information required by law
7
or requested by the agency under rules and regulations of the
8
respective Department.
9

(d) The master file of a person no longer in the custody of
10
the respective Department shall be placed on inactive status
11
and its use shall be restricted subject to rules and
12
regulations of the Department.
13

(e) All public agencies may make available to the
14
respective Department on request any factual data not
15
otherwise privileged as a matter of law in their possession in
16
respect to individuals committed to the respective Department.
17

(f) A committed person may request a summary of the
18
committed person's master record file once per year and the
19
committed person's attorney may request one summary of the
20
committed person's master record file once per year. The
21
Department shall create a form for requesting this summary,
22
and shall make that form available to committed persons and to
23
the public on its website. Upon receipt of the request form,
24
the Department shall provide the summary within 15 days. The
25
summary must contain, unless otherwise prohibited by law:
26

(1) the person's name, ethnic, racial, last known

HB2764
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LRB104 08590 RLC 18642 b
1

street address prior to incarceration or legal residence,
2

and other identifying information;
3

(2) all digitally available information from the
4

committing court;
5

(3) all information in the Offender 360 system on the
6

person's criminal history;
7

(4) the person's complete assignment history in the
8

Department of Corrections;
9

(5) the person's disciplinary card;
10

(6) additional records about up to 3 specific
11

disciplinary incidents as identified by the requester;
12

(7) any available records about up to 5 specific
13

grievances filed by the person, as identified by the
14

requester; and
15

(8) the records of all grievances filed on or after
16

January 1, 2023.
17

Notwithstanding any provision of this subsection (f) to
18
the contrary, a committed person's master record file is not
19
subject to disclosure and copying under the Freedom of
20
Information Act.
21

(g) Subject to appropriation, on or before July 1, 2025,
22
the Department of Corrections shall digitalize all newly
23
committed persons' master record files who become incarcerated
24
and all other new information that the Department maintains
25
concerning its correctional institutions, facilities, and
26
individuals incarcerated.

HB2764
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LRB104 08590 RLC 18642 b
1

(h) Subject to appropriation, on or before July 1, 2027,
2
the Department of Corrections shall digitalize all medical and
3
dental records in the master record files and all other
4
information that the Department maintains concerning its
5
correctional institutions and facilities in relation to
6
medical records, dental records, and medical and dental needs
7
of committed persons.
8

(i) Subject to appropriation, on or before July 1, 2029,
9
the Department of Corrections shall digitalize all information
10
in the master record files and all other information that the
11
Department maintains concerning its correctional institutions
12
and facilities.
13

(j) The Department of Corrections shall adopt rules to
14
implement subsections (g), (h), and (i) if appropriations are
15
available to implement these provisions.
16

(k) Subject to appropriation, the Department of
17
Corrections, in consultation with the Department of Innovation
18
and Technology, shall conduct a study on the best way to
19
digitize all Department of Corrections records and the impact
20
of that digitizing on State agencies, including the impact on
21
the Department of Innovation and Technology. The study shall
22
be completed on or before January 1, 2024.
23
(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
24
103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff.
25
6-30-23; 103-605, eff. 7-1-24.)

HB2764
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LRB104 08590 RLC 18642 b
1

Section 97.
Severability.
The provisions of this Act are
2
severable under Section 1.31 of the Statute on Statutes.

3

Section 99.
Effective date.
This Act takes effect on
4
January 1, 2026.

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