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Full Text of HB3509
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HB3509 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3509
Introduced 2/18/2025, by Rep. Justin Slaughter
SYNOPSIS AS INTRODUCED:
See Index
Amends the Unified Code of Corrections. Provides that a person
serving a term of natural life imprisonment is eligible for parole and
mandatory supervised release under these provisions. Deletes a provision
that no person serving a term of natural life imprisonment may be paroled
or released except through executive clemency. Provides that a committed
person who has attained the age of 55 years and served at least 25
consecutive years of incarceration, excluding any person sentenced to
natural life imprisonment for a Class X felony violation of criminal
sexual assault, aggravated criminal sexual assault, or predatory criminal
sexual assault of a child, shall be eligible to submit a petition to the
Prisoner Review Board seeking parole. Provides that the Board shall hold a
hearing on each petition, and in determining whether an eligible person
should be granted parole, the Prisoner Review Board shall consider certain
statutory factors as shown by the petition or as shown at the hearing.
Provides that victims and victims' families shall be notified in a timely
manner and be provided opportunity to participate at the parole hearing
concerning the petitioner's application for parole under these provisions
in accordance with the Rights of Crime Victims and Witnesses Act, the Open
Parole Hearings Act, and these provisions. Provides that Prisoner Review
Board hearings under these provisions shall be conducted by a panel of at
least 8 members of the Board and a majority vote of the panel is required
to grant the petition and release the petitioner on parole. Provides that
the Board shall render its decision within a reasonable time after the
hearing and shall state the basis therefor both in the records of the Board
and in written notice to the person on whose petition it has acted.
Provides that in its decision, the Board shall set the person's time for
parole, or if it denies parole, it shall provide for a rehearing no later
than 3 years after denial of parole. Provides that these provisions apply
retroactively to all persons serving any sentence that was or is imposed
before, on, or after the effective date of the amendatory Act, and the
period of incarceration for eligibility of each such person to submit a
petition for parole is based on all previous consecutive years of
incarceration served by that person before, on, and after the effective
date of the amendatory Act. Effective immediately.
LRB104 10636 RLC 20713 b
A BILL FOR
HB3509
LRB104 10636 RLC 20713 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 5.
The Unified Code of Corrections is amended by
5
changing Sections 3-3-3 and 3-3-5 and by adding Section 3-3-16
6
as follows:
7
(730 ILCS 5/3-3-3)
(from Ch. 38, par. 1003-3-3)
8
Sec. 3-3-3.
Eligibility for parole or release.
9
(a) Except for those offenders who accept the fixed
10
release date established by the Prisoner Review Board under
11
Section 3-3-2.1, every person serving a term of imprisonment
12
under the law in effect prior to the effective date of this
13
amendatory Act of 1977 shall be eligible for parole when he or
14
she has served:
15
(1) the minimum term of an indeterminate sentence less
16
time credit for good behavior, or 20 years less time
17
credit for good behavior, whichever is less; or
18
(2) 20 years of a life sentence less time credit for
19
good behavior; or
20
(3) 20 years or one-third of a determinate sentence,
21
whichever is less, less time credit for good behavior.
22
(b) No person sentenced under this amendatory Act of 1977
23
or who accepts a release date under Section 3-3-2.1 shall be
HB3509
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LRB104 10636 RLC 20713 b
1
eligible for parole.
2
(c)
Subject to Section 3-3-16
Except for those sentenced
3
to a term of natural life imprisonment
, every person sentenced
4
to imprisonment under this amendatory Act of 1977 or given a
5
release date under Section 3-3-2.1 of this Act shall serve the
6
full term of a determinate sentence less time credit for good
7
behavior and shall then be released under the mandatory
8
supervised release provisions of paragraph (d) of Section
9
5-8-1 of this Code.
10
(d)
(Blank).
No person serving a term of natural life
11
imprisonment may be paroled or released except through
12
executive clemency.
13
(d-5) A person serving a term of natural life imprisonment
14
is eligible for parole under Section 3-3-16 and mandatory
15
supervised release under subsection (d) of Section 5-8-1.
16
(e) Every person committed to the Department of Juvenile
17
Justice under the Juvenile Court Act of 1987 and confined in
18
the State correctional institutions or facilities if such
19
juvenile has not been tried as an adult shall be eligible for
20
aftercare release under Section 3-2.5-85 of this Code.
21
However, if a juvenile has been tried as an adult he or she
22
shall only be eligible for parole or mandatory supervised
23
release as an adult under this Section.
24
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17
.)
25
(730 ILCS 5/3-3-5)
(from Ch. 38, par. 1003-3-5)
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LRB104 10636 RLC 20713 b
1
Sec. 3-3-5.
Hearing and determination.
2
(a) The Prisoner Review Board shall meet as often as need
3
requires to consider the cases of persons eligible for parole.
4
Except as otherwise provided in paragraph (2) of subsection
5
(a) of Section 3-3-2
or in Section 3-3-16
of this Act, the
6
Prisoner Review Board may meet and order its actions in panels
7
of 3 or more members. The action of a majority of the panel
8
shall be the action of the Board.
9
(b) If the person under consideration for parole is in the
10
custody of the Department, at least one member of the Board
11
shall interview him or her, and a report of that interview
12
shall be available for the Board's consideration. However, in
13
the discretion of the Board, the interview need not be
14
conducted if a psychiatric examination determines that the
15
person could not meaningfully contribute to the Board's
16
consideration. The Board may in its discretion parole a person
17
who is then outside the jurisdiction on his or her record
18
without an interview. The Board need not hold a hearing or
19
interview a person who is paroled under paragraphs (d) or (e)
20
of this Section or released on Mandatory release under Section
21
3-3-10.
22
(c) The Board shall not parole a person eligible for
23
parole if it determines that:
24
(1) there is a substantial risk that he or she will not
25
conform to reasonable conditions of parole or aftercare
26
release; or
HB3509
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LRB104 10636 RLC 20713 b
1
(2) his or her release at that time would deprecate
2
the seriousness of his or her offense or promote
3
disrespect for the law; or
4
(3) his or her release would have a substantially
5
adverse effect on institutional discipline.
6
(d) (Blank).
7
(e) A person who has served the maximum term of
8
imprisonment imposed at the time of sentencing less time
9
credit for good behavior shall be released on parole to serve a
10
period of parole under Section 5-8-1.
11
(f) The Board shall render its decision within a
12
reasonable time after hearing and shall state the basis
13
therefor both in the records of the Board and in written notice
14
to the person on whose application it has acted. In its
15
decision, the Board shall set the person's time for parole, or
16
if it denies parole it shall provide for a rehearing not less
17
frequently than once every year, except that the Board may,
18
after denying parole, schedule a rehearing no later than 5
19
years from the date of the parole denial, if the Board finds
20
that it is not reasonable to expect that parole would be
21
granted at a hearing prior to the scheduled rehearing date. If
22
the Board shall parole a person, and, if he or she is not
23
released within 90 days from the effective date of the order
24
granting parole, the matter shall be returned to the Board for
25
review.
26
(f-1) If the Board paroles a person who is eligible for
HB3509
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LRB104 10636 RLC 20713 b
1
commitment as a sexually violent person, the effective date of
2
the Board's order shall be stayed for 90 days for the purpose
3
of evaluation and proceedings under the Sexually Violent
4
Persons Commitment Act.
5
(g) The Board shall maintain a registry of decisions in
6
which parole has been granted, which shall include the name
7
and case number of the prisoner, the highest charge for which
8
the prisoner was sentenced, the length of sentence imposed,
9
the date of the sentence, the date of the parole, and the basis
10
for the decision of the Board to grant parole and the vote of
11
the Board on any such decisions. The registry shall be made
12
available for public inspection and copying during business
13
hours and shall be a public record pursuant to the provisions
14
of the Freedom of Information Act.
15
(h) The Board shall promulgate rules regarding the
16
exercise of its discretion under this Section.
17
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;
18
99-628, eff. 1-1-17
.)
19
(730 ILCS 5/3-3-16 new)
20
Sec. 3-3-16.
Long term incarceration; petition for parole.
21
(a) A committed person who has attained the age of 55 years
22
and served at least 25 consecutive years of incarceration,
23
excluding any person sentenced to natural life imprisonment
24
for a Class X felony violation of criminal sexual assault,
25
aggravated criminal sexual assault, or predatory criminal
HB3509
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LRB104 10636 RLC 20713 b
1
sexual assault of a child, shall be eligible to submit a
2
petition to the Prisoner Review Board seeking parole.
3
(b) The Board shall hold a hearing on each petition, and in
4
determining whether an eligible person should be granted
5
parole, the Prisoner Review Board shall consider the following
6
factors as shown by the petition or as shown at the hearing:
7
(1) a statement by the petitioner as to the reasons
8
why the petitioner believes he or she should be paroled,
9
including estimated costs of continuing imprisonment. This
10
statement may include a risk assessment by a third party;
11
(2) evidence of the petitioner's rehabilitation during
12
the period of the petitioner's incarceration, including
13
remorse for his or her criminal behavior, if applicable,
14
and his or her commitment not to recidivate. Maintaining
15
innocence shall not prevent a person from being granted
16
parole;
17
(3) character references and community support for the
18
petitioner's release;
19
(4) evidence of the petitioner's participation in
20
educational, vocational, substance abuse, behavior
21
modification programs, life skills courses, re-entry
22
planning, or correctional industry programs and
23
independent efforts at rehabilitation;
24
(5) evidence of the petitioner's employment history in
25
the correctional institution;
26
(6) the petitioner's criminal history;
HB3509
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LRB104 10636 RLC 20713 b
1
(7) the petitioner's disciplinary history while
2
incarcerated in the correctional institution; and
3
(8) the petitioner's plans for housing upon release
4
from incarceration.
5
If the programs described in paragraph (4) of this
6
subsection (b) or employment opportunities were not available
7
in the correctional institution, the Board shall not penalize
8
the committed person in his or her petition for parole under
9
this Section.
10
(c) Victims and victims' families shall be notified in a
11
timely manner and be provided the opportunity to participate
12
at the parole hearing concerning the petitioner's application
13
for parole under this Section in accordance with the Rights of
14
Crime Victims and Witnesses Act, the Open Parole Hearings Act,
15
and this Section.
16
(d) Prisoner Review Board hearings under this Section
17
shall be conducted by a panel of at least 8 members of the
18
Board and a majority vote of the panel is required to grant the
19
petition and release the petitioner on parole.
20
(e) The Board shall render its decision within a
21
reasonable time after hearing and shall state the basis of its
22
decision both in the records of the Board and in written notice
23
to the person on whose petition it has acted. In its decision,
24
the Board shall set the person's time for parole or if it
25
denies parole, it shall provide for a rehearing no later than 3
26
years after denial of parole.
HB3509
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LRB104 10636 RLC 20713 b
1
(f) This Section applies retroactively to all persons
2
serving any sentence that was or is imposed before, on, or
3
after the effective date of this amendatory Act of the 104th
4
General Assembly, and the period of incarceration for
5
eligibility of each such person to submit a petition for
6
parole is based on all previous consecutive years of
7
incarceration served by that person before, on, and after the
8
effective date of this amendatory Act of the 104th General
9
Assembly. This application of this amendatory Act of the 104th
10
General Assembly is necessary in order to serve important
11
public purposes, including providing a means for incarcerated
12
individuals to be restored to useful citizenship, and
13
decreasing the rising costs of incarceration.
14
Section 99.
Effective date.
This Act takes effect upon
15
becoming law.
HB3509
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LRB104 10636 RLC 20713 b
1
INDEX
2
Statutes amended in order of appearance
3
730 ILCS 5/3-3-3
from Ch. 38, par. 1003-3-3
4
730 ILCS 5/3-3-5
from Ch. 38, par. 1003-3-5
5
730 ILCS 5/3-3-16 new
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