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SB3177 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3177
Introduced 2/2/2026, by Sen. Terri Bryant
SYNOPSIS AS INTRODUCED:
730 ILCS 5/3-3-2
from Ch. 38, par. 1003-3-2
Amends the Unified Code of Corrections. Provides that the annual
report of the Prisoner Review Board transmitted to the Director of
Corrections shall list how many C-Number Cases and Good Conduct Requests
are considered, granted, and denied by the Board, disaggregated by
offense, including, but not limited to, murder and offenses involving
sexual conduct or sexual penetration, and indicate if the victims were
under 18 years of age or members of law enforcement. Provides that the
Prisoner Review Board's annual report shall be published on the Board's
website no later than March 1 of each year.
LRB104 18572 RLC 32015 b
A BILL FOR
SB3177
LRB104 18572 RLC 32015 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 Section 3-3-2 as follows:
6
(730 ILCS 5/3-3-2)
(from Ch. 38, par. 1003-3-2)
7
Sec. 3-3-2.
Powers and duties.
8
(a) The Parole and Pardon Board is abolished and the term
9
"Parole and Pardon Board" as used in any law of Illinois, shall
10
read "Prisoner Review Board." After February 1, 1978 (the
11
effective date of Public Act 81-1099), the Prisoner Review
12
Board shall provide by rule for the orderly transition of all
13
files, records, and documents of the Parole and Pardon Board
14
and for such other steps as may be necessary to effect an
15
orderly transition and shall:
16
(1) hear by at least one member and through a panel of
17
at least 3 members decide, cases of prisoners who were
18
sentenced under the law in effect prior to February 1,
19
1978 (the effective date of Public Act 81-1099), and who
20
are eligible for parole;
21
(2) hear by at least one member and through a panel of
22
at least 3 members decide, the conditions of parole and
23
the time of discharge from parole, impose sanctions for
SB3177
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1
violations of parole, and revoke parole for those
2
sentenced under the law in effect prior to February 1,
3
1978 (the effective date of Public Act 81-1099); provided
4
that the decision to parole and the conditions of parole
5
for all prisoners who were sentenced for first degree
6
murder or who received a minimum sentence of 20 years or
7
more under the law in effect prior to February 1, 1978
8
shall be determined by a majority vote of the Prisoner
9
Review Board. One representative supporting parole and one
10
representative opposing parole will be allowed to speak.
11
Their comments shall be limited to making corrections and
12
filling in omissions to the Board's presentation and
13
discussion;
14
(3) hear by at least one member and through a panel of
15
at least 3 members decide, the conditions of mandatory
16
supervised release and the time of discharge from
17
mandatory supervised release, impose sanctions for
18
violations of mandatory supervised release, and revoke
19
mandatory supervised release for those sentenced under the
20
law in effect after February 1, 1978 (the effective date
21
of Public Act 81-1099);
22
(3.5) hear by at least one member and through a panel
23
of at least 3 members decide, the conditions of mandatory
24
supervised release and the time of discharge from
25
mandatory supervised release, to impose sanctions for
26
violations of mandatory supervised release and revoke
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mandatory supervised release for those serving extended
2
supervised release terms pursuant to paragraph (4) of
3
subsection (d) of Section 5-8-1;
4
(3.6) hear by at least one member and through a panel
5
of at least 3 members decide whether to revoke aftercare
6
release for those committed to the Department of Juvenile
7
Justice under the Juvenile Court Act of 1987;
8
(4) hear by at least one member and through a panel of
9
at least 3 members, decide cases brought by the Department
10
of Corrections against a prisoner in the custody of the
11
Department for alleged violation of Department rules with
12
respect to sentence credits under Section 3-6-3 of this
13
Code in which the Department seeks to revoke sentence
14
credits, if the amount of time at issue exceeds 30 days or
15
when, during any 12-month period, the cumulative amount of
16
credit revoked exceeds 30 days except where the infraction
17
is committed or discovered within 60 days of scheduled
18
release. In such cases, the Department of Corrections may
19
revoke up to 30 days of sentence credit. The Board may
20
subsequently approve the revocation of additional sentence
21
credit, if the Department seeks to revoke sentence credit
22
in excess of 30 days. However, the Board shall not be
23
empowered to review the Department's decision with respect
24
to the loss of 30 days of sentence credit for any prisoner
25
or to increase any penalty beyond the length requested by
26
the Department;
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(5) hear by at least one member and through a panel of
2
at least 3 members decide, the release dates for certain
3
prisoners sentenced under the law in existence prior to
4
February 1, 1978 (the effective date of Public Act
5
81-1099), in accordance with Section 3-3-2.1 of this Code;
6
(6) hear by at least one member and through a panel of
7
at least 3 members decide, all requests for pardon,
8
reprieve or commutation, and make confidential
9
recommendations to the Governor;
10
(6.5) hear by at least one member who is qualified in
11
the field of juvenile matters and through a panel of at
12
least 3 members, 2 of whom are qualified in the field of
13
juvenile matters, decide parole review cases in accordance
14
with Section 5-4.5-115 of this Code and make release
15
determinations of persons under the age of 21 at the time
16
of the commission of an offense or offenses, other than
17
those persons serving sentences for first degree murder or
18
aggravated criminal sexual assault;
19
(6.6) hear by at least a quorum of the Prisoner Review
20
Board and decide by a majority of members present at the
21
hearing, in accordance with Section 5-4.5-115 of this
22
Code, release determinations of persons under the age of
23
21 at the time of the commission of an offense or offenses
24
of those persons serving sentences for first degree murder
25
or aggravated criminal sexual assault;
26
(7) comply with the requirements of the Open Parole
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Hearings Act;
2
(8) hear by at least one member and, through a panel of
3
at least 3 members, decide cases brought by the Department
4
of Corrections against a prisoner in the custody of the
5
Department for court dismissal of a frivolous lawsuit
6
pursuant to Section 3-6-3(d) of this Code in which the
7
Department seeks to revoke up to 180 days of sentence
8
credit, and if the prisoner has not accumulated 180 days
9
of sentence credit at the time of the dismissal, then all
10
sentence credit accumulated by the prisoner shall be
11
revoked;
12
(9) hear by at least 3 members, and, through a panel of
13
at least 3 members, decide whether to grant certificates
14
of relief from disabilities or certificates of good
15
conduct as provided in Article 5.5 of Chapter V;
16
(10) upon a petition by a person who has been
17
convicted of a Class 3 or Class 4 felony and who meets the
18
requirements of this paragraph, hear by at least 3 members
19
and, with the unanimous vote of a panel of 3 members, issue
20
a certificate of eligibility for sealing recommending that
21
the court order the sealing of all official records of the
22
arresting authority, the circuit court clerk, and the
23
Illinois State Police concerning the arrest and conviction
24
for the Class 3 or 4 felony. A person may not apply to the
25
Board for a certificate of eligibility for sealing:
26
(A) until 5 years have elapsed since the
SB3177
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1
expiration of his or her sentence;
2
(B) until 5 years have elapsed since any arrests
3
or detentions by a law enforcement officer for an
4
alleged violation of law, other than a petty offense,
5
traffic offense, conservation offense, or local
6
ordinance offense;
7
(C) if convicted of a violation of the Cannabis
8
Control Act, Illinois Controlled Substances Act, the
9
Methamphetamine Control and Community Protection Act,
10
the Methamphetamine Precursor Control Act, or the
11
Methamphetamine Precursor Tracking Act unless the
12
petitioner has completed a drug abuse program for the
13
offense on which sealing is sought and provides proof
14
that he or she has completed the program successfully;
15
(D) if convicted of:
16
(i) a sex offense described in Article 11 or
17
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
18
the Criminal Code of 1961 or the Criminal Code of
19
2012;
20
(ii) aggravated assault;
21
(iii) aggravated battery;
22
(iv) domestic battery;
23
(v) aggravated domestic battery;
24
(vi) violation of an order of protection;
25
(vii) an offense under the Criminal Code of
26
1961 or the Criminal Code of 2012 involving a
SB3177
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1
firearm;
2
(viii) driving while under the influence of
3
alcohol, other drug or drugs, intoxicating
4
compound or compounds, or any combination thereof;
5
(ix) aggravated driving while under the
6
influence of alcohol, other drug or drugs,
7
intoxicating compound or compounds, or any
8
combination thereof; or
9
(x) any crime defined as a crime of violence
10
under Section 2 of the Crime Victims Compensation
11
Act.
12
If a person has applied to the Board for a certificate
13
of eligibility for sealing and the Board denies the
14
certificate, the person must wait at least 4 years before
15
filing again or filing for pardon from the Governor unless
16
the Chairman of the Prisoner Review Board grants a waiver.
17
The decision to issue or refrain from issuing a
18
certificate of eligibility for sealing shall be at the
19
Board's sole discretion, and shall not give rise to any
20
cause of action against either the Board or its members.
21
The Board may only authorize the sealing of Class 3
22
and 4 felony convictions of the petitioner from one
23
information or indictment under this paragraph (10). A
24
petitioner may only receive one certificate of eligibility
25
for sealing under this provision for life; and
26
(11) upon a petition by a person who after having been
SB3177
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1
convicted of a Class 3 or Class 4 felony thereafter served
2
in the United States Armed Forces or National Guard of
3
this or any other state and had received an honorable
4
discharge from the United States Armed Forces or National
5
Guard or who at the time of filing the petition is enlisted
6
in the United States Armed Forces or National Guard of
7
this or any other state and served one tour of duty and who
8
meets the requirements of this paragraph, hear by at least
9
3 members and, with the unanimous vote of a panel of 3
10
members, issue a certificate of eligibility for
11
expungement recommending that the court order the
12
expungement of all official records of the arresting
13
authority, the circuit court clerk, and the Illinois State
14
Police concerning the arrest and conviction for the Class
15
3 or 4 felony. A person may not apply to the Board for a
16
certificate of eligibility for expungement:
17
(A) if convicted of:
18
(i) a sex offense described in Article 11 or
19
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
20
the Criminal Code of 1961 or Criminal Code of
21
2012;
22
(ii) an offense under the Criminal Code of
23
1961 or Criminal Code of 2012 involving a firearm;
24
or
25
(iii) a crime of violence as defined in
26
Section 2 of the Crime Victims Compensation Act;
SB3177
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1
or
2
(B) if the person has not served in the United
3
States Armed Forces or National Guard of this or any
4
other state or has not received an honorable discharge
5
from the United States Armed Forces or National Guard
6
of this or any other state or who at the time of the
7
filing of the petition is serving in the United States
8
Armed Forces or National Guard of this or any other
9
state and has not completed one tour of duty.
10
If a person has applied to the Board for a certificate
11
of eligibility for expungement and the Board denies the
12
certificate, the person must wait at least 4 years before
13
filing again or filing for a pardon with authorization for
14
expungement from the Governor unless the Governor or
15
Chairman of the Prisoner Review Board grants a waiver.
16
(a-5) The Prisoner Review Board, with the cooperation of
17
and in coordination with the Department of Corrections and the
18
Department of Central Management Services, shall provide for
19
the conduct of hearings under paragraphs (1) and (4) of
20
subsection (a) of this Section through interactive video
21
conferences. The Prisoner Review Board, with the cooperation
22
of and in coordination with the Department of Corrections and
23
the Department of Central Management Services, shall report
24
annually to the Governor and the General Assembly regarding
25
the use, costs, effectiveness, and future viability of
26
interactive video conferences for Prisoner Review Board
SB3177
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LRB104 18572 RLC 32015 b
1
hearings.
2
(b) Upon recommendation of the Department the Board may
3
restore sentence credit previously revoked.
4
(c) The Board shall cooperate with the Department in
5
promoting an effective system of parole and mandatory
6
supervised release.
7
(d) The Board shall promulgate rules for the conduct of
8
its work, and the Chairman shall file a copy of such rules and
9
any amendments thereto with the Director and with the
10
Secretary of State.
11
(e) The Board shall keep records of all of its official
12
actions and shall make them accessible in accordance with law
13
and the rules of the Board.
14
(f) The Board or one who has allegedly violated the
15
conditions of his or her parole, aftercare release, or
16
mandatory supervised release may require by subpoena the
17
attendance and testimony of witnesses and the production of
18
documentary evidence relating to any matter under
19
investigation or hearing. The Chairman of the Board may sign
20
subpoenas which shall be served by any agent or public
21
official authorized by the Chairman of the Board, or by any
22
person lawfully authorized to serve a subpoena under the laws
23
of the State of Illinois. The attendance of witnesses, and the
24
production of documentary evidence, may be required from any
25
place in the State to a hearing location in the State before
26
the Chairman of the Board or his or her designated agent or
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1
agents or any duly constituted Committee or Subcommittee of
2
the Board. Witnesses so summoned shall be paid the same fees
3
and mileage that are paid witnesses in the circuit courts of
4
the State, and witnesses whose depositions are taken and the
5
persons taking those depositions are each entitled to the same
6
fees as are paid for like services in actions in the circuit
7
courts of the State. Fees and mileage shall be vouchered for
8
payment when the witness is discharged from further
9
attendance.
10
In case of disobedience to a subpoena, the Board may
11
petition any circuit court of the State for an order requiring
12
the attendance and testimony of witnesses or the production of
13
documentary evidence or both. A copy of such petition shall be
14
served by personal service or by registered or certified mail
15
upon the person who has failed to obey the subpoena, and such
16
person shall be advised in writing that a hearing upon the
17
petition will be requested in a court room to be designated in
18
such notice before the judge hearing motions or extraordinary
19
remedies at a specified time, on a specified date, not less
20
than 10 nor more than 15 days after the deposit of the copy of
21
the written notice and petition in the U.S. mail addressed to
22
the person at his or her last known address or after the
23
personal service of the copy of the notice and petition upon
24
such person. The court upon the filing of such a petition, may
25
order the person refusing to obey the subpoena to appear at an
26
investigation or hearing, or to there produce documentary
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1
evidence, if so ordered, or to give evidence relative to the
2
subject matter of that investigation or hearing. Any failure
3
to obey such order of the circuit court may be punished by that
4
court as a contempt of court.
5
Each member of the Board and any hearing officer
6
designated by the Board shall have the power to administer
7
oaths and to take the testimony of persons under oath.
8
(g) Except under subsection (a) of this Section, a
9
majority of the members then appointed to the Prisoner Review
10
Board shall constitute a quorum for the transaction of all
11
business of the Board.
12
(h) The Prisoner Review Board shall annually transmit to
13
the Director a detailed report of its work for the preceding
14
calendar year, including votes cast by each member.
The report
15
shall list how many C-Number Cases and Good Conduct Requests
16
are considered, granted, and denied by the Board,
17
disaggregated by offense, including, but not limited to,
18
murder and offenses involving sexual conduct or sexual
19
penetration, and indicate if the victims were under 18 years
20
of age or members of law enforcement.
The annual report shall
21
also be transmitted to the Governor for submission to the
22
Legislature
and shall be published on the Board's website no
23
later than March 1 of each year
.
24
(Source: P.A. 104-11, eff. 6-20-25.)
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