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Author Topic: HB3475  (Read 15345 times)

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Offline smme7

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HB3475
« on: April 22, 2015, 08:37:11 PM »
Would this bill include if you have EVER been convicted of one of those crimes or if that's what you're serving time on? I have noticed that a few bills I have been watching are making progress. That has to be a good thing, right?
 :wc94:

Short Description:  CD CORR-CERT GOOD CONDUCT

House Sponsors
Rep. Rita Mayfield - Emanuel Chris Welch - La Shawn K. Ford - Carol Ammons, Kelly M. Cassidy, Arthur Turner, Terri Bryant, Elaine Nekritz, Jehan A. Gordon-Booth, Marcus C. Evans, Jr., Camille Y. Lilly and Thaddeus Jones

Senate Sponsors
(Sen. Daniel Biss )

Last Action
Date   Chamber    Action
  4/21/2015   Senate   Referred to Assignments

Statutes Amended In Order of Appearance
730 ILCS 5/5-5.5-5   
730 ILCS 5/5-5.5-30   


Synopsis As Introduced
Amends the Unified Code of Corrections concerning certificates of good conduct. Provides that "eligible offender" does not include a person who has been convicted of arson, aggravated arson, kidnapping, aggravated kidnaping, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, or aggravated domestic battery. Eliminates the exclusion from "eligible offender" of a person who has been convicted of committing or attempting to commit a Class X felony or a forcible felony. Eliminates the exclusion from "eligible offender" of a person convicted of attempting to commit any of the specified offenses. Provides that if the most serious crime of which the individual was convicted is a felony (currently, a Class 1, 2, 3, or 4 felony), the minimum period of good conduct shall be 2 years.

Actions
Date   Chamber    Action
  2/26/2015   House   Filed with the Clerk by Rep. Rita Mayfield
  2/26/2015   House   First Reading
  2/26/2015   House   Referred to Rules Committee
  3/10/2015   House   Assigned to Restorative Justice Committee
  3/10/2015   House   Re-assigned to Judiciary - Criminal Committee
  3/11/2015   House   Added Co-Sponsor Rep. Kelly M. Cassidy
  3/12/2015   House   Added Chief Co-Sponsor Rep. Emanuel Chris Welch
  3/17/2015   House   Added Chief Co-Sponsor Rep. La Shawn K. Ford
  3/24/2015   House   Added Co-Sponsor Rep. Arthur Turner
  3/24/2015   House   Do Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
  3/25/2015   House   Placed on Calendar 2nd Reading - Short Debate
  3/25/2015   House   Added Co-Sponsor Rep. Terri Bryant
  4/1/2015   House   Added Co-Sponsor Rep. Elaine Nekritz
  4/15/2015   House   Second Reading - Short Debate
  4/15/2015   House   Placed on Calendar Order of 3rd Reading - Short Debate
  4/16/2015   House   Third Reading - Short Debate - Passed 087-023-000
  4/16/2015   House   Added Chief Co-Sponsor Rep. Carol Ammons
  4/16/2015   House   Added Co-Sponsor Rep. Jehan A. Gordon-Booth
  4/16/2015   House   Added Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/16/2015   House   Added Co-Sponsor Rep. Camille Y. Lilly
  4/16/2015   House   Added Co-Sponsor Rep. Thaddeus Jones
  4/21/2015   Senate   Arrive in Senate
  4/21/2015   Senate   Placed on Calendar Order of First Reading
  4/21/2015   Senate   Chief Senate Sponsor Sen. Daniel Biss
  4/21/2015   Senate   First Reading
  4/21/2015   Senate   Referred to Assignments


http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=3475&GAID=13&SessionID=88&LegID=89662
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Offline trauma4us

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Re: HB3475
« Reply #1 on: April 22, 2015, 08:52:48 PM »
What is a Certificate of Good Conduct?  What does it mean in terms of sentence?


Offline Forevermah

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Re: HB3475
« Reply #2 on: April 23, 2015, 06:20:02 AM »


HB3475 amends the below text, that no one with a Class X conviction with listed convictions canmt receive this certificate of good conduct. Those Class X convictions do not get any goodtime for classes/program while inside either, but can be considered for SSC per the warden of each facility, but I believe they could only receive  3 months:


(730 ILCS 5/5-5.5-30)
    Sec. 5-5.5-30. Issuance of certificate of good conduct.
    (a) After a rehabilitation review has been held, in a manner designated by the chief judge of the judicial circuit in which the conviction was entered, the Circuit Court of that judicial circuit shall have the power to issue a certificate of good conduct to any eligible offender previously convicted of a crime in this State, and shall make a specific finding of rehabilitation with the force and effect of a final judgment on the merits, when the Court is satisfied that:
        (1) the applicant has conducted himself or herself in
       
a manner warranting the issuance for a minimum period in accordance with the provisions of subsection (c) of this Section;
        (2) the relief to be granted by the certificate is
       
consistent with the rehabilitation of the applicant; and
        (3) the relief to be granted is consistent with the
       
public interest.
    (b) The Circuit Court shall have the power to issue a certificate of good conduct to any person previously convicted of a crime in any other jurisdiction, when the Court is satisfied that:
        (1) the applicant has demonstrated that there exist
       
specific facts and circumstances and specific sections of Illinois State law that have an adverse impact on the applicant and warrant the application for relief to be made in Illinois; and
        (2) the provisions of paragraphs (1), (2), and (3) of
       
subsection (a) of this Section have been met.
    (c) The minimum period of good conduct by the individual referred to in paragraph (1) of subsection (a) of this Section, shall be as follows: if the most serious crime of which the individual was convicted is a misdemeanor, the minimum period of good conduct shall be one year; if the most serious crime of which the individual was convicted is a Class 1, 2, 3, or 4 felony, the minimum period of good conduct shall be 2 years. Criminal acts committed outside the State shall be classified as acts committed within the State based on the maximum sentence that could have been imposed based upon the conviction under the laws of the foreign jurisdiction. The minimum period of good conduct by the individual shall be measured either from the date of the payment of any fine imposed upon him or her, or from the date of his or her release from custody by parole, mandatory supervised release or commutation or termination of his or her sentence. The Circuit Court shall have power and it shall be its duty to investigate all persons when the application is made and to grant or deny the same within a reasonable time after the making of the application.
    (d) If the Circuit Court has issued a certificate of good conduct, the Court may at any time issue a new certificate enlarging the relief previously granted.
    (e) Any certificate of good conduct issued by the Court to an individual who at the time of the issuance of the certificate is under the conditions of parole or mandatory supervised release imposed by the Prisoner Review Board shall be deemed to be a temporary certificate until the time as the individual is discharged from the terms of parole or mandatory supervised release, and, while temporary, the certificate may be revoked by the Court for violation of the conditions of parole or mandatory supervised release. Revocation shall be upon notice to the parolee or releasee, who shall be accorded an opportunity to explain the violation prior to a decision on the revocation. If the certificate is not so revoked, it shall become a permanent certificate upon expiration or termination of the offender's parole or mandatory supervised release term.
    (f) The Court shall, upon notice to a certificate holder, have the power to revoke a certificate of good conduct upon a subsequent conviction.
(Source: P.A. 96-852, eff. 1-1-10; 97-1113, eff. 1-1-13.)
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Offline JAlove

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Re: HB3475
« Reply #3 on: April 23, 2015, 11:33:59 AM »
Does this mean that people with short term sentences will NOT be legible for this?

Offline Forevermah

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Re: HB3475
« Reply #4 on: April 23, 2015, 02:32:26 PM »
Does this mean that people with short term sentences will NOT be legible for this?


It depends on their conviction. Class X convictions that are listed won't, even if they only have 4 years (example) to serve.
Do not value the "things" you have in your life - value "who" you have in your life....



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Offline smme7

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Re: HB3475
« Reply #5 on: April 23, 2015, 05:01:40 PM »
How long do these bills usually take to pass through senate?
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Offline Forevermah

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Re: HB3475
« Reply #6 on: April 23, 2015, 06:18:52 PM »
How long do these bills usually take to pass through senate?

It depends some of them never get out of session, some do and pass on to the House for final approval.  I don't know when end of sessions is set.

I am sure this one will move along and be passed, that new wording has to be included in the legislation.
Do not value the "things" you have in your life - value "who" you have in your life....



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Offline jon166

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Re: HB3475
« Reply #7 on: April 23, 2015, 07:03:35 PM »
How long do these bills usually take to pass through senate?

It depends some of them never get out of session, some do and pass on to the House for final approval.  I don't know when end of sessions is set.

I am sure this one will move along and be passed, that new wording has to be included in the legislation.
end of the general assemblies house sessions is may 31, 2015.  according to this website. 
http://www.ilga.gov/house/schedules/2015_SPRING_SESSION_CALENDAR.pdf

Offline smme7

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Re: HB3475
« Reply #8 on: April 25, 2015, 09:17:26 AM »
So will they start giving more good time to people sitting on short low - level offenses?
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Offline Forevermah

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Re: HB3475
« Reply #9 on: April 25, 2015, 09:23:01 AM »
So will they start giving more good time to people sitting on short low - level offenses?

They might, can't say for 100% what they will do.. I think this legislation is for incoming inmates?  not sure.
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Offline trauma4us

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Re: HB3475
« Reply #10 on: April 25, 2015, 12:50:07 PM »
Ok if your loved one is in for a class X 85% sentence home invasion would they be eligible?  I'm a little confused.

Offline justamom

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Re: HB3475
« Reply #11 on: April 25, 2015, 05:49:40 PM »
I'm pretty confused, too. What exactly does this all mean? What are the certificates? Haven't they always gotten school credit?
This is the link
http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=88&GA=99&DocTypeId=HB&DocNum=3884&GAID=13&LegID=90095&SpecSess=&Session=

Offline justamom

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Offline Forevermah

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Re: HB3475
« Reply #13 on: April 25, 2015, 06:39:30 PM »
Read this again, it does not include inmates convicted on the things listed.

Synopsis As Introduced

Amends the Unified Code of Corrections concerning certificates of good conduct.

Provides that "eligible offender" does not include a person who has been convicted of arson, aggravated arson, kidnapping, aggravated kidnaping, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, or aggravated domestic battery.

 Eliminates the exclusion from "eligible offender" of a person who has been convicted of committing or attempting to commit a Class X felony or a forcible felony.

Eliminates the exclusion from "eligible offender" of a person convicted of attempting to commit any of the specified offenses.

Provides that if the most serious crime of which the individual was convicted is a felony (currently, a Class 1, 2, 3, or 4 felony), the minimum period of good conduct shall be 2 years.
Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”

Offline jts

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Re: HB3475
« Reply #14 on: April 26, 2015, 09:33:47 AM »
I'm having a hard time understanding the wording of this bill. I read it that persons convicted of the crimes on this list are currently excluded from earning the credit. I get that part. When it says they want to "eliminate the exclusion" that makes me ask if they mean they then will not be excluded so would they would be included among those eligible for credit?

Offline smme7

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Re: HB3475
« Reply #15 on: April 26, 2015, 03:15:51 PM »
I get that part, too. My two questions are, which we all seem to be unsure of is, does this apply to people already incarcerated? It seems dumb to apply it only new inmates.
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Offline Forevermah

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Re: HB3475
« Reply #16 on: April 26, 2015, 08:32:44 PM »
After reading this again, I haven't had time to really sit and absorb it lately, but I think what this is saying, is that if an inmate in on the charges they specify (not the ones mentioned in the amendment) has done things while inside to show he is rehabilitated, they can issue a certificate and only then the Chief Judge of the judicial circuit where the conviction was entered, has the opportunity to grant this good time certificate, yes to inmates already in the system.  I THINK, DON'T hold me to this :)

We don't even know if this is going to pass and there is a lot to be considered before this can even happen, not everyone is going to qualify, just like not everyone qualifies for the SSC now.





(a) After a rehabilitation review has been held, in a manner designated by the chief judge of the judicial circuit in which the conviction was entered, the Circuit Court of that judicial circuit shall have the power to issue a certificate of good conduct to any eligible offender previously convicted of a crime in this State, and shall make a specific finding of rehabilitation with the force and effect of a final judgment on the merits, when the Court is satisfied that:

(1) the applicant has conducted himself or herself in
      
a manner warranting the issuance for a minimum period in accordance with the provisions of subsection (c) of this Section;
        (2) the relief to be granted by the certificate is
      
consistent with the rehabilitation of the applicant; and
        (3) the relief to be granted is consistent with the
      
public interest.
Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”

Offline smme7

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Re: HB3475
« Reply #17 on: April 27, 2015, 04:04:12 PM »
I understand what you're saying. I would say the majority of people that will see this is someone with a longer sentence.
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Offline StayinTrue2Him

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Re: HB3475
« Reply #18 on: April 27, 2015, 05:32:46 PM »
I understand what you're saying. I would say the majority of people that will see this is someone with a longer sentence.
That's what I'm wondering... "Eliminates from exclusion from "eligible offender"of a person that has been convicted of committing or attempting to commit a Class X felony or a forcible felony..." Inmates already in the system serving a long sentence for a Class X felony "will" be eligible? :wc13:
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Offline Gizgirl2

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Re: HB3475
« Reply #19 on: April 27, 2015, 06:13:21 PM »
It does not matter length of sentence. Everyone except for the charges listed would be eligible.

A Certificate of Good Conduct or Relief from Disability is a finding by the court that a person has been “rehabilitated.” Some jobs have "licensing and employment bars" that stop people with criminal records from having that job. A Certificate can be used to get around employment and licensing bars in some circumstances. A Certificate of Good Conduct can also be helpful when applying to jobs that do have specific employment barriers, such as:
•Schools
•Park districts
•Transit


A Certificate cannot be used when trying to be hired by law enforcement, the Department of Corrections, or the Department of Juvenile Justice.

http://www.illinoislegaladvocate.org/index.cfm?fuseaction=home.dsp_content&contentID=8489&print=yes


Offline StayinTrue2Him

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Re: HB3475
« Reply #20 on: April 27, 2015, 08:46:50 PM »
Thanks for the clarification,Gizgirl2...This sounds like something very hopeful for our L/O's...Praying it goes through.
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Offline Gizgirl2

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Re: HB3475
« Reply #21 on: April 27, 2015, 08:48:44 PM »
Yes, hopefully it will help when they are trying to get employment.

Offline smme7

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Re: HB3475
« Reply #22 on: April 30, 2015, 07:27:32 PM »
So this will only include inmates just entering the system and maybe long term prisoners. I know the county I live in won't go through and give someone this that they sent 5 months ago and only has 7 more to go...
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Offline Gizgirl2

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Re: HB3475
« Reply #23 on: April 30, 2015, 07:34:44 PM »
The ammendment says its for anyone minus the charges that were listed. Its 2 years after they are released from parole, as long as they have been good can apply. So I don't think it matters at all how long they were sentenced for.

Offline smme7

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Re: HB3475
« Reply #24 on: May 01, 2015, 12:17:52 PM »
Clearly I didn't read this right. So it's for AFTER their release from prison. Wow. Thank you for the clarification lol it only took two of you to explain it for me to get it
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Offline humbird37

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Re: HB3475
« Reply #25 on: May 02, 2015, 09:38:18 AM »
Stayintrue.....I agree with the way you put this.....sure hope we are right!
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Offline StayinTrue2Him

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Re: HB3475
« Reply #26 on: May 02, 2015, 01:24:36 PM »
Stayintrue.....I agree with the way you put this.....sure hope we are right!
Hello humbird37! Yes,these men need that break that this bill would give them...With rehabilitation being pretty much nonexistent in IDOC,they are not prepared to live in the outside world as it is.Hopefully this bill will pass and they can have a second chance at making a living and being productive citizens...That's what society expects but yet they are not given the necessary tools while inside or when they get released..It's a vicious cycle with the way our criminal justice system operates.....or rather DOES NOT! :wc4:
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Offline sonshine

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Re: HB3475
« Reply #27 on: May 04, 2015, 08:28:14 AM »
I agree stayintrue...

Offline StayinTrue2Him

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Re: HB3475
« Reply #28 on: May 04, 2015, 05:11:36 PM »
I agree stayintrue...
Thank you,sonshine...Yes,I am fed up to my eyeballs with all the stuff that my fiance has been telling me! This bill will certainly help when they are released....Now I'd like to see something to help those that have been unjustly sentenced to ridiculous years! I wish they would get rid of this 85% crap...The whole system is a JOKE :wc20: But this HB3475 bill is a good start to reforming our mess of a criminal justice system...At least it brings some hope for those trying to start over and have gainful employment.
"You are the missing piece I've been waiting all my life for.."

Offline sonshine

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Re: HB3475
« Reply #29 on: May 04, 2015, 05:16:44 PM »
Stayintrue you took the words right out of my mouth!!!!!


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