2018 : HB 531 - Frequently Asked Questions
HB 531 has PASSED and is on to the Governor
HB531 allows for the review of sentences meted out to felons convicted while under the age of 21. Time served will be 10-20 years before review for parole, depending on the seriousness of the crime. This replaces a practice of incarcerating youth offenders for life without review. This bill passed the Senate in May of 2017 and, with your encouragement, the House moved the bill forward and passed it last week. It goes to the governor. NOTE: Currently Illinois only has Mandatory Supervised Release (MSR) which doesn't have an option to shorten sentences.
04 DEC HB531: FREQUENTLY ASKED QUESTIONS
Here is the condensed version:
What is HB531?
HB531 is only a first step to creating new opportunities for parole.
Passed both chambers by a small margin with bipartisan support after years of consensus-building by the bill’s sponsors.
IL State’s Attorney Assn. and victim rights groups became neutral after negotiations, were opposed before.
Prospective only (no one currently incarcerated is eligible) - key point for opponents to become neutral.
Creates mid-sentence parole consideration for those 20 or under at time of crime.
For most, consideration can happen after 10 years of actual incarceration, with additional consideration hearings at 15 and 20 years if denied release.
For first-degree murder and aggravated criminal sexual assault, consideration after 20 years of actual incarceration, with additional consideration at 30.
The bill does not apply to (a) natural life, (b) predatory criminal sexual assault or (c) murder of a police officer (or other peace officers)
Provides attorneys to indigent applicants.
Allows PRB to fully investigate and allow supervised release.
Why isn’t the bill retroactive?
Key stakeholders in law enforcement and in the victim rights community would actively oppose any retroactive legislation, making passage impossible.
State’s Attorneys assert that legislated retroactivity is unconstitutional. While many legal experts disagree, this argument has not been resolved in the minds of key legislative leaders.
Retroactivity impacts more than parole; creating retroactive application of all reforms requires a bigger movement, RJI and partners are actively building.
Sponsors wanted to start the process of returning parole to IL with a limited scope, then utilize legislative process to expand parole opportunities over time.
Sponsors and stakeholders wanted to make sure that youth coming into court in 2019 would begin to experience benefit of knowing a chance for parole in their future, generating opportunities for rehabilitation; could reduce negative incidents for as they enter custody.
HB531 allows for the review of sentences meted out to felons convicted while under the age of 21. Time served will be 10-20 years before review for parole, depending on the seriousness of the crime. This replaces a practice of incarcerating youth offenders for life without review. This bill passed the Senate in May of 2017 and, with your encouragement, the House moved the bill forward and passed it last week. It goes to the governor. NOTE: Currently Illinois only has Mandatory Supervised Release (MSR) which doesn't have an option to shorten sentences.
04 DEC HB531: FREQUENTLY ASKED QUESTIONS
Here is the condensed version:
What is HB531?
HB531 is only a first step to creating new opportunities for parole.
Passed both chambers by a small margin with bipartisan support after years of consensus-building by the bill’s sponsors.
IL State’s Attorney Assn. and victim rights groups became neutral after negotiations, were opposed before.
Prospective only (no one currently incarcerated is eligible) - key point for opponents to become neutral.
Creates mid-sentence parole consideration for those 20 or under at time of crime.
For most, consideration can happen after 10 years of actual incarceration, with additional consideration hearings at 15 and 20 years if denied release.
For first-degree murder and aggravated criminal sexual assault, consideration after 20 years of actual incarceration, with additional consideration at 30.
The bill does not apply to (a) natural life, (b) predatory criminal sexual assault or (c) murder of a police officer (or other peace officers)
Provides attorneys to indigent applicants.
Allows PRB to fully investigate and allow supervised release.
Why isn’t the bill retroactive?
Key stakeholders in law enforcement and in the victim rights community would actively oppose any retroactive legislation, making passage impossible.
State’s Attorneys assert that legislated retroactivity is unconstitutional. While many legal experts disagree, this argument has not been resolved in the minds of key legislative leaders.
Retroactivity impacts more than parole; creating retroactive application of all reforms requires a bigger movement, RJI and partners are actively building.
Sponsors wanted to start the process of returning parole to IL with a limited scope, then utilize legislative process to expand parole opportunities over time.
Sponsors and stakeholders wanted to make sure that youth coming into court in 2019 would begin to experience benefit of knowing a chance for parole in their future, generating opportunities for rehabilitation; could reduce negative incidents for as they enter custody.