HB 2386 — CD CORR-SEX OFFENDERS

HB2386 EngrossedEnrolled LRB094 06968 RLC 41168 b AN ACT concerning criminal law.

One member of the Board shall be designated by the Governor to be Chairman and shall serve as Chairman at the pleasure of the HB2386 EngrossedEnrolled - 2 - LRB094 06968 RLC 41168 b Governor.

Any member may be removed by the Governor for incompetence, HB2386 EngrossedEnrolled - 3 - LRB094 06968 RLC 41168 b neglect of duty, malfeasance or inability to serve.

(3) hear by at least one member and through a panel of HB2386 EngrossedEnrolled - 4 - LRB094 06968 RLC 41168 b 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;

(5) hear by at least one member and through a panel of at least 3 members decide, the release dates for certain HB2386 EngrossedEnrolled - 5 - LRB094 06968 RLC 41168 b 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;

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 HB2386 EngrossedEnrolled - 6 - LRB094 06968 RLC 41168 b future viability of interactive video conferences for Prisoner Review Board hearings.

In case of disobedience to a subpoena, the Board may petition any circuit court of the State for an order requiring HB2386 EngrossedEnrolled - 7 - LRB094 06968 RLC 41168 b the attendance and testimony of witnesses or the production of documentary evidence or both.

HB2386 EngrossedEnrolled - 8 - LRB094 06968 RLC 41168 b (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:

HB2386 EngrossedEnrolled - 9 - LRB094 06968 RLC 41168 b (ii) the person shall be given credit against the term of reimprisonment or reconfinement for time spent in custody since he was paroled or released which has not been credited against another sentence or period of confinement;

The HB2386 EngrossedEnrolled - 10 - LRB094 06968 RLC 41168 b action of a majority of the panel shall be the action of the Board.

HB2386 EngrossedEnrolled - 11 - LRB094 06968 RLC 41168 b (2) Any person who has violated the conditions of his parole and been reconfined under Section 3-3-9 shall be released under supervision 6 months prior to the expiration of the term of his reconfinement under paragraph (a) of Section 3-3-9 less good time credit under Section 3-6-3.

HB2386 EngrossedEnrolled - 12 - LRB094 06968 RLC 41168 b (c) Supervising officers shall receive specialized training in the supervision of sex offenders including the impact of sexual assault on its victims.

(1) for first degree murder, (a) a term shall be not less than 20 years and not more than 60 years, or (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) of Section 9-1 of the Criminal Code of 1961 are present, the court may sentence the defendant to a term of natural life imprisonment, or (c) the court shall sentence the defendant to a HB2386 EngrossedEnrolled - 13 - LRB094 06968 RLC 41168 b term of natural life imprisonment when the death penalty is not imposed if the defendant, (i) has previously been convicted of first degree murder under any state or federal law, or (ii) is a person who, at the time of the commission of the murder, had attained the age of 17 or more and is found guilty of murdering an individual under 12 years of age;

or, irrespective of the defendant’s age at the time of the commission of the offense, is found guilty of murdering more than one victim, or (iii) is found guilty of murdering a peace officer or fireman when the peace officer or fireman 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 or fireman performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman, 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 HB2386 EngrossedEnrolled - 14 - LRB094 06968 RLC 41168 b 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) is a person who, at the time of the commission of the murder, had not attained the age of 17, and is found guilty of murdering a person under 12 years of age and the murder is committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping, 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.

(iii) if, during the commission of the HB2386 EngrossedEnrolled - 15 - LRB094 06968 RLC 41168 b 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.

Those reasons may include any mitigating or aggravating factors specified in this Code, or the lack of any such circumstances, as well as any other such factors as the judge shall set forth HB2386 EngrossedEnrolled - 16 - LRB094 06968 RLC 41168 b on the record that are consistent with the purposes and principles of sentencing set out in this Code.

(1) for first degree murder or a Class X felony except for the offenses of predatory criminal sexual assault of a HB2386 EngrossedEnrolled - 17 - LRB094 06968 RLC 41168 b child, aggravated criminal sexual assault, and criminal sexual assault if convicted on or after July 1, 2005, 3 years;

The other state shall be furnished with a copy of the order imposing sentence which shall provide that, when the offender is released from confinement of the other state, whether by parole HB2386 EngrossedEnrolled - 18 - LRB094 06968 RLC 41168 b or by termination of sentence, the offender shall be transferred by the Sheriff of the committing county to the Illinois Department of Corrections.