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HB 2546

CD CORR-PAROLE REVIEW

104th Regular Session Introduced by Javier Cervantes and 5 co-sponsors

The act refines parole review for those under 21 at offense by tightening petition timing, PRB/DOC timelines, and victim confidentiality protections.

Public Act . . . . . . . . . 104-0233
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Bill Summary · HB 2546

Summary — HB 2546 / Public Act 104-0233

Status: Enrolled Public Act 104-0233 (Governor approved 2025-08-15; effective January 1, 2026)
Primary sponsors: Rep. Will Guzzardi; Chief Senate Sponsor Sen. Javier L. Cervantes. Other sponsors/cosponsors listed.

Purpose / Intent

This act amends Section 5-4.5-115 of the Illinois Unified Code of Corrections to refine parole review procedures for people who were under 21 at the time they committed an offense. It clarifies when an eligible person may petition for parole review and sets specific timelines and procedural duties for the Prisoner Review Board (PRB) and the Department of Corrections (DOC), while preserving victim notification and confidentiality protections.

Key substantive provisions

  • Who is covered:

    • Persons who were under 21 at the time of the offense and sentenced on or after June 1, 2019 (the effective date of Public Act 100‑1182).
    • General eligibility: parole review eligibility after serving 10+ years (with higher thresholds for certain sex offenses and murder — see below).

  • Eligibility timing retained:

    • Aggravated criminal sexual assault: eligible after 20+ years.
    • Predatory criminal sexual assault of a child: not eligible under this Section.
    • First degree murder (if under 21 at commission): generally eligible after 20+ years; those subject to natural life or certain sentencing subsections eligible after 40+ years.

  • Petition filing window and PRB action (new/clarified):

    • An eligible person may file a petition any time after serving the minimum term or up to 3 years prior to becoming eligible.
    • Petition must include a copy of the order of commitment and sentence.
    • PRB must, within 30 days of receipt, determine whether the petition was appropriately filed.
    • If appropriately filed, PRB must set a parole review date that is either: 3 years from receipt of the petition or the date the person becomes eligible — whichever is sooner — and must notify DOC within 10 business days.
    • Regardless, the hearing cannot be scheduled sooner than 1 year after the PRB’s determination that the petition is appropriately filed.
    • If not appropriately filed, PRB must notify the petitioner in writing with the basis for the decision.

  • Pre-hearing procedural protections and requirements:

    • Within 6 months of PRB’s determination that a petition is appropriate, a DOC representative must meet the eligible person to explain the parole process and give personalized recommendations about work assignments, programs, and institutional behavior. The inmate then has 7 days to request additional programs/services they think would aid reentry.
    • Counsel: appointment upon indigency 1 year prior to eligibility; inmate may waive or retain counsel privately.
    • Disclosure: PRB must provide the inmate and counsel with written materials it will consider 9 months before the hearing, except materials withheld for therapeutic privilege, risk of physical harm to persons, or safety/security concerns. PRB has ongoing duty to provide newly obtained materials before the hearing, subject to the same limits.

  • Victim notice and confidentiality:

    • PRB must notify the State's Attorney and victims/families not less than 12 months before the hearing, including rights to attend, give oral statements or submit recordings/electronic statements, a toll‑free information number, and resources (including trauma‑informed therapy).
    • Victim statements provided to the Board are confidential and privileged and are not public records under FOIA; victims’ written statements are not given to the inmate or counsel, but the inmate is informed that a statement exists and of the victim’s position. Oral victim statements made at public hearings are an exception.

  • Hearings governed by Open Parole Hearings Act provisions and related administrative rules.

Who is affected

  • Directly: incarcerated individuals who were under 21 at the time of the offense and meet the sentencing/date criteria; their appointed or retained counsel.
  • Government entities: Prisoner Review Board, Illinois Department of Corrections, county State’s Attorneys, county criminal-justice offices involved in victim notification.
  • Indirectly: victims and victims’ families (notification and participation provisions), victim services providers.

Procedural / timeline notes

  • Bill progressed through both chambers in 2025 and was enacted as Public Act 104‑0233 (Governor approved 2025‑08‑15).
  • Effective date: January 1, 2026.
  • The amendment mainly refines petition filing windows and imposes specific PRB/DOC timelines and duties designed to ensure preparation, notification, and confidentiality safeguards prior to parole review hearings.

If you want, I can extract just the amended statutory text as redline language or produce a plain‑language checklist for someone preparing a petition under the new rules.

Compiled from official sources — confirm details with the bill’s official record.

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