730 ILCS 5/3-3-2
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter III - Department Of Corrections

 (from Ch. 38, par. 1003-3-2)Sec. 3-3-2. Powers and duties.(a) The Parole and Pardon Board is abolished and the term "Parole and  Pardon Board" as used in any law of Illinois, shall read "Prisoner Review  Board." After February 1, 1978 (the effective date of Public Act 81-1099), the  Prisoner Review Board shall provide by rule for the orderly transition of  all files, records, and documents of the Parole and Pardon Board and for  such other steps as may be necessary to effect an orderly transition and shall:(1) hear by at least one member and through a panel     of at least 3 members decide, cases of prisoners who were sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099), and who are eligible for parole;(2) hear by at least one member and through a panel     of at least 3 members decide, the conditions of parole and the time of discharge from parole, impose sanctions for violations of parole, and revoke parole for those sentenced under the law in effect prior to February 1, 1978 (the effective date of Public Act 81-1099); provided that the decision to parole and the conditions of parole for all prisoners who were sentenced for first degree murder or who received a minimum sentence of 20 years or more under the law in effect prior to February 1, 1978 shall be determined by a majority vote of the Prisoner Review Board. One representative supporting parole and one representative opposing parole will be allowed to speak.  Their  comments  shall be limited to making corrections and filling in omissions to the Board's presentation and discussion;(3) hear by at least one member and through a panel     of 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 February 1, 1978 (the effective date of Public Act 81-1099);(3.5) hear by at least one member and through a panel     of at least 3 members decide, the conditions of mandatory supervised release and the time of discharge from mandatory supervised release, to impose sanctions for violations of mandatory supervised release and revoke mandatory supervised release for those serving extended supervised release terms pursuant to paragraph (4) of subsection (d) of Section 5-8-1;(3.6) hear by at least one member and through a panel     of at least 3 members decide whether to revoke aftercare release for those committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987;(4) hear by at least one member and through a panel     of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for alleged violation of Department rules with respect to sentence credits under Section 3-6-3 of this Code in which the Department seeks to revoke sentence credits, if the amount of time at issue exceeds 30 days or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days except where the infraction is committed or discovered within 60 days of scheduled release. In such cases, the Department of Corrections may revoke up to 30 days of sentence credit. The Board may subsequently approve the revocation of additional sentence credit, if the Department seeks to revoke sentence credit in excess of 30 days. However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of sentence credit for any prisoner or to increase any penalty beyond the length requested by the Department;(5) hear by at least one member and through a panel     of at least 3 members decide, the release dates for certain prisoners sentenced under the law in existence prior to February 1, 1978 (the effective date of Public Act 81-1099), in accordance with Section 3-3-2.1 of this Code;(6) hear by at least one member and through a panel     of at least 3 members decide, all requests for pardon, reprieve or commutation, and make confidential recommendations to the Governor;(6.5) hear by at least one member who is qualified in     the field of juvenile matters and through a panel of at least 3 members, 2 of whom are qualified in the field of juvenile matters, decide parole review cases  in accordance with Section 5-4.5-115 of this Code and make release determinations of persons under the age of 21 at the time of the commission of an offense or offenses, other than those persons serving sentences for first degree murder or aggravated criminal sexual assault;(6.6) hear by at least a quorum  of the Prisoner     Review Board and decide by a majority of members present at the hearing, in accordance with Section 5-4.5-115 of this Code, release determinations of persons under the age of 21 at the time of the commission of an offense or offenses of those persons serving sentences for first degree murder or aggravated criminal sexual assault;(7) comply with the requirements of the Open Parole     Hearings Act;(8) hear by at least one member and, through a panel     of at least 3 members, decide cases brought by the Department of Corrections against a prisoner in the custody of the Department for court dismissal of a frivolous lawsuit pursuant to Section 3-6-3(d) of this Code in which the Department seeks to revoke up to 180 days of sentence credit, and if the prisoner has not accumulated 180 days of sentence credit at the time of the dismissal, then all sentence credit accumulated by the prisoner shall be revoked;(9) hear by at least 3 members, and, through a panel     of at least 3 members, decide whether to grant certificates of relief from disabilities or certificates of good conduct as provided in Article 5.5 of Chapter V;(10) upon a petition by a person who has been     convicted of a Class 3 or Class 4 felony and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for sealing recommending that the court order  the sealing of all official      records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the  arrest and conviction for the Class 3 or 4 felony.   A person may not apply to the Board for a certificate of eligibility for sealing:(A)  until 5 years have elapsed since the         expiration of his or her sentence;(B) until 5 years have elapsed since any arrests         or detentions by a law enforcement officer for an alleged violation of law, other than a petty offense, traffic offense, conservation offense, or local ordinance offense;(C) if convicted of a violation of the Cannabis         Control Act, Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or the Methamphetamine Precursor Tracking Act unless the petitioner has completed a drug abuse program for the offense on which sealing is sought and provides proof that he or she has completed the program successfully;(D)  if convicted of:(i) a sex offense described in Article 11 or             Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012;(ii) aggravated assault;(iii) aggravated battery;(iv)  domestic battery;(v) aggravated domestic battery;(vi) violation of an order of protection;(vii) an offense under the Criminal Code of             1961 or the Criminal Code of 2012 involving a firearm;(viii) driving while under the influence of             alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;(ix) aggravated driving while under the             influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof; or(x) any crime defined as a crime of violence             under Section 2 of the Crime Victims Compensation  Act.If a person has applied to the Board for a     certificate of eligibility for  sealing and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for pardon from the Governor unless the Chairman of the Prisoner Review Board grants a waiver.The decision to issue or refrain from issuing a     certificate of eligibility for sealing shall be at the Board's sole discretion, and shall not give rise to any cause of action against either the Board or its members.The Board may only authorize the sealing of Class 3     and 4 felony convictions of the petitioner from one information or indictment under this paragraph (10). A petitioner may only receive one certificate of eligibility for sealing under this provision for life; and(11)  upon a petition by a person who after having     been convicted of a Class 3 or Class 4 felony thereafter served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or who at the time of filing the petition is enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty and who meets the requirements of this paragraph, hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for expungement recommending that the court order  the expungement of all official      records of the arresting authority, the circuit court clerk, and the Illinois State Police concerning the  arrest and conviction for the Class 3 or 4 felony.   A person may not apply to the Board for a certificate of eligibility for expungement:(A) if convicted of:(i) a sex offense described in Article 11 or             Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or Criminal Code of 2012;(ii) an offense under the Criminal Code of             1961 or Criminal Code of 2012 involving a firearm; or(iii) a crime of violence as defined in             Section 2 of the Crime Victims Compensation Act; or(B) if the person has not served in the United         States Armed Forces or National Guard of this or any other state or has not received an honorable discharge from the United States Armed Forces or National Guard of this or any other state or who at the time of the filing of the petition is serving in the United States Armed Forces or National Guard of this or any other state and has not completed one tour of duty.If a person has applied to the Board for a     certificate of eligibility for  expungement and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for a pardon with authorization for expungement from the Governor unless the Governor or Chairman of the Prisoner Review Board grants a waiver.(a-5) The Prisoner Review Board, with the cooperation of and in  coordination with the Department of Corrections and the Department of Central  Management Services, shall implement a pilot project in 3 correctional  institutions providing for the conduct of hearings under paragraphs (1) and  (4)  of subsection (a) of this Section through interactive video conferences.  The  project shall be implemented within 6 months after January 1, 1997 (the effective date of Public Act 89-490).  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 future viability of interactive video  conferences for Prisoner Review Board hearings.(b) Upon recommendation of the Department the Board may restore sentence credit previously revoked.(c) The Board shall cooperate with the Department in promoting an  effective system of parole and mandatory supervised release.(d) The Board shall promulgate rules for the conduct of its work,  and the Chairman shall file a copy of such rules and any amendments  thereto with the Director and with the Secretary of State.(e) The Board shall keep records of all of its official actions and  shall make them accessible in accordance with law and the rules of the  Board.(f) The Board or one who has allegedly violated the conditions of  his or her parole, aftercare release, or mandatory supervised release may require by subpoena the  attendance and testimony of witnesses and the production of documentary  evidence relating to any matter under investigation or hearing. The  Chairman of the Board may sign subpoenas which shall be served by any  agent or public official authorized by the Chairman of the Board, or by  any person lawfully authorized to serve a subpoena under the laws of the  State of Illinois. The attendance of witnesses, and the production of  documentary evidence, may be required from any place in the State to a  hearing location in the State before the Chairman of the Board or his or her  designated agent or agents or any duly constituted Committee or  Subcommittee of the Board.  Witnesses so summoned shall be paid the same  fees and mileage that are paid witnesses in the circuit courts of the  State, and witnesses whose depositions are taken and the persons taking  those depositions are each entitled to the same fees as are paid for  like services in actions in the circuit courts of the State. Fees and  mileage shall be vouchered for payment when the witness is discharged  from further attendance.In case of disobedience to a subpoena, the Board may petition any  circuit court of the State for an order requiring the attendance and  testimony of witnesses or the production of documentary evidence or  both. A copy of such petition shall be served by personal service or by  registered or certified mail upon the person who has failed to obey the  subpoena, and such person shall be advised in writing that a hearing  upon the petition will be requested in a court room to be designated in  such notice before the judge hearing motions or extraordinary remedies  at a specified time, on a specified date, not less than 10 nor more than  15 days after the deposit of the copy of the written notice and petition  in the U.S. mail addressed to the person at his or her last known address or  after the personal service of the copy of the notice and petition upon  such person. The court upon the filing of such a petition, may order the  person refusing to obey the subpoena to appear at an investigation or  hearing, or to there produce documentary evidence, if so ordered, or to  give evidence relative to the subject matter of that investigation or  hearing. Any failure to obey such order of the circuit court may be  punished by that court as a contempt of court.Each member of the Board and any hearing officer designated by the  Board shall have the power to administer oaths and to take the testimony  of persons under oath.(g) Except under subsection (a) of this Section, a majority of the  members then appointed to the Prisoner Review Board shall constitute a  quorum for the transaction of all business of the Board.(h) The Prisoner Review Board shall annually transmit to the  Director a detailed report of its work for the preceding calendar year.  The annual report shall also be transmitted to the Governor for  submission to the Legislature.  (Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)