96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0970

 

Introduced 2/10/2009, by Rep. Ronald A. Wait

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 120/3   from Ch. 38, par. 1403
725 ILCS 120/4.5
730 ILCS 5/3-3-2   from Ch. 38, par. 1003-3-2
730 ILCS 5/3-3-4   from Ch. 38, par. 1003-3-4
730 ILCS 5/3-3-5   from Ch. 38, par. 1003-3-5
730 ILCS 5/3-5-1   from Ch. 38, par. 1003-5-1

    Amends the Rights of Crime Victims and Witnesses Act. Provides that the victim of the crime for which the prisoner has been sentenced shall receive reasonable written notice not less than 30 (rather than 15) days prior to the parole hearing. Provides that if a victim or concerned citizen has registered an objection to parole of an inmate, the victim or concerned citizen may receive a copy of the most recent written submissions that the inmate filed in requesting parole. Amends the Unified Code of Corrections. Changes procedures relating to parole hearings. Effective immediately.


LRB096 08336 RLC 18445 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0970 LRB096 08336 RLC 18445 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Rights of Crime Victims and Witnesses Act is
5 amended by changing Sections 3 and 4.5 as follows:
 
6     (725 ILCS 120/3)  (from Ch. 38, par. 1403)
7     Sec. 3. The terms used in this Act, unless the context
8 clearly requires otherwise, shall have the following meanings:
9     (a) "Crime victim" and "victim" mean means (1) a person
10 physically injured in this State as a result of a violent crime
11 perpetrated or attempted against that person or (2) a person
12 who suffers injury to or loss of property as a result of a
13 violent crime perpetrated or attempted against that person or
14 (3) a single representative who may be the spouse, parent,
15 child or sibling of a person killed as a result of a violent
16 crime perpetrated against the person killed or the spouse,
17 parent, child or sibling of any person granted rights under
18 this Act who is physically or mentally incapable of exercising
19 such rights, except where the spouse, parent, child or sibling
20 is also the defendant or prisoner or (4) any person against
21 whom a violent crime has been committed or (5) any person who
22 has suffered personal injury as a result of a violation of
23 Section 11-501 of the Illinois Vehicle Code, or of a similar

 

 

HB0970 - 2 - LRB096 08336 RLC 18445 b

1 provision of a local ordinance, or of Section 9-3 of the
2 Criminal Code of 1961, as amended or (6) in proceedings under
3 the Juvenile Court Act of 1987, both parents, legal guardians,
4 foster parents, or a single adult representative of a minor or
5 disabled person who is a crime victim.
6     (b) "Witness" means any person who personally observed the
7 commission of a violent crime and who will testify on behalf of
8 the State of Illinois in the criminal prosecution of the
9 violent crime.
10     (c) "Violent Crime" means any felony in which force or
11 threat of force was used against the victim, or any offense
12 involving sexual exploitation, sexual conduct or sexual
13 penetration, domestic battery, violation of an order of
14 protection, stalking, or any misdemeanor which results in death
15 or great bodily harm to the victim or any violation of Section
16 9-3 of the Criminal Code of 1961, or Section 11-501 of the
17 Illinois Vehicle Code, or a similar provision of a local
18 ordinance, if the violation resulted in personal injury or
19 death, and includes any action committed by a juvenile that
20 would be a violent crime if committed by an adult. For the
21 purposes of this paragraph, "personal injury" shall include any
22 Type A injury as indicated on the traffic accident report
23 completed by a law enforcement officer that requires immediate
24 professional attention in either a doctor's office or medical
25 facility. A type A injury shall include severely bleeding
26 wounds, distorted extremities, and injuries that require the

 

 

HB0970 - 3 - LRB096 08336 RLC 18445 b

1 injured party to be carried from the scene.
2     (d) "Sentencing Hearing" means any hearing where a sentence
3 is imposed by the court on a convicted defendant and includes
4 hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
5 and 5-7-7 of the Unified Code of Corrections except those cases
6 in which both parties have agreed to the imposition of a
7 specific sentence.
8     (e) "Court proceedings" includes the preliminary hearing,
9 any hearing the effect of which may be the release of the
10 defendant from custody or to alter the conditions of bond, the
11 trial, sentencing hearing, notice of appeal, any modification
12 of sentence, probation revocation hearings or parole hearings.
13     (f) "Concerned citizen" includes relatives of the victim,
14 friends of the victim, witnesses to the crime, or any other
15 person associated with the victim or prisoner.
16 (Source: P.A. 94-271, eff. 1-1-06; 95-591, eff. 6-1-08; 95-876,
17 eff. 8-21-08.)
 
18     (725 ILCS 120/4.5)
19     Sec. 4.5. Procedures to implement the rights of crime
20 victims. To afford crime victims their rights, law enforcement,
21 prosecutors, judges and corrections will provide information,
22 as appropriate of the following procedures:
23     (a) At the request of the crime victim, law enforcement
24 authorities investigating the case shall provide notice of the
25 status of the investigation, except where the State's Attorney

 

 

HB0970 - 4 - LRB096 08336 RLC 18445 b

1 determines that disclosure of such information would
2 unreasonably interfere with the investigation, until such time
3 as the alleged assailant is apprehended or the investigation is
4 closed.
5     (b) The office of the State's Attorney:
6         (1) shall provide notice of the filing of information,
7     the return of an indictment by which a prosecution for any
8     violent crime is commenced, or the filing of a petition to
9     adjudicate a minor as a delinquent for a violent crime;
10         (2) shall provide notice of the date, time, and place
11     of trial;
12         (3) or victim advocate personnel shall provide
13     information of social services and financial assistance
14     available for victims of crime, including information of
15     how to apply for these services and assistance;
16         (4) shall assist in having any stolen or other personal
17     property held by law enforcement authorities for
18     evidentiary or other purposes returned as expeditiously as
19     possible, pursuant to the procedures set out in Section
20     115-9 of the Code of Criminal Procedure of 1963;
21         (5) or victim advocate personnel shall provide
22     appropriate employer intercession services to ensure that
23     employers of victims will cooperate with the criminal
24     justice system in order to minimize an employee's loss of
25     pay and other benefits resulting from court appearances;
26         (6) shall provide information whenever possible, of a

 

 

HB0970 - 5 - LRB096 08336 RLC 18445 b

1     secure waiting area during court proceedings that does not
2     require victims to be in close proximity to defendant or
3     juveniles accused of a violent crime, and their families
4     and friends;
5         (7) shall provide notice to the crime victim of the
6     right to have a translator present at all court proceedings
7     and, in compliance with the federal Americans with
8     Disabilities Act of 1990, the right to communications
9     access through a sign language interpreter or by other
10     means;
11         (8) in the case of the death of a person, which death
12     occurred in the same transaction or occurrence in which
13     acts occurred for which a defendant is charged with an
14     offense, shall notify the spouse, parent, child or sibling
15     of the decedent of the date of the trial of the person or
16     persons allegedly responsible for the death;
17         (9) shall inform the victim of the right to have
18     present at all court proceedings, subject to the rules of
19     evidence, an advocate or other support person of the
20     victim's choice, and the right to retain an attorney, at
21     the victim's own expense, who, upon written notice filed
22     with the clerk of the court and State's Attorney, is to
23     receive copies of all notices, motions and court orders
24     filed thereafter in the case, in the same manner as if the
25     victim were a named party in the case;
26         (10) at the sentencing hearing shall make a good faith

 

 

HB0970 - 6 - LRB096 08336 RLC 18445 b

1     attempt to explain the minimum amount of time during which
2     the defendant may actually be physically imprisoned. The
3     Office of the State's Attorney shall further notify the
4     crime victim of the right to request from the Prisoner
5     Review Board information concerning the release of the
6     defendant under subparagraph (d)(1) of this Section;
7         (11) shall request restitution at sentencing and shall
8     consider restitution in any plea negotiation, as provided
9     by law; and
10         (12) shall, upon the court entering a verdict of not
11     guilty by reason of insanity, inform the victim of the
12     notification services available from the Department of
13     Human Services, including the statewide telephone number,
14     under subparagraph (d)(2) of this Section.
15     (c) At the written request of the crime victim, the office
16 of the State's Attorney shall:
17         (1) provide notice a reasonable time in advance of the
18     following court proceedings: preliminary hearing, any
19     hearing the effect of which may be the release of defendant
20     from custody, or to alter the conditions of bond and the
21     sentencing hearing. The crime victim shall also be notified
22     of the cancellation of the court proceeding in sufficient
23     time, wherever possible, to prevent an unnecessary
24     appearance in court;
25         (2) provide notice within a reasonable time after
26     receipt of notice from the custodian, of the release of the

 

 

HB0970 - 7 - LRB096 08336 RLC 18445 b

1     defendant on bail or personal recognizance or the release
2     from detention of a minor who has been detained for a
3     violent crime;
4         (3) explain in nontechnical language the details of any
5     plea or verdict of a defendant, or any adjudication of a
6     juvenile as a delinquent for a violent crime;
7         (4) where practical, consult with the crime victim
8     before the Office of the State's Attorney makes an offer of
9     a plea bargain to the defendant or enters into negotiations
10     with the defendant concerning a possible plea agreement,
11     and shall consider the written victim impact statement, if
12     prepared prior to entering into a plea agreement;
13         (5) provide notice of the ultimate disposition of the
14     cases arising from an indictment or an information, or a
15     petition to have a juvenile adjudicated as a delinquent for
16     a violent crime;
17         (6) provide notice of any appeal taken by the defendant
18     and information on how to contact the appropriate agency
19     handling the appeal;
20         (7) provide notice of any request for post-conviction
21     review filed by the defendant under Article 122 of the Code
22     of Criminal Procedure of 1963, and of the date, time and
23     place of any hearing concerning the petition. Whenever
24     possible, notice of the hearing shall be given in advance;
25         (8) forward a copy of any statement presented under
26     Section 6 to the Prisoner Review Board to be considered by

 

 

HB0970 - 8 - LRB096 08336 RLC 18445 b

1     the Board in making its determination under subsection (b)
2     of Section 3-3-8 of the Unified Code of Corrections.
3     (d) (1) The Prisoner Review Board shall inform a victim or
4 any other concerned citizen, upon written request, of the
5 prisoner's release on parole, mandatory supervised release,
6 electronic detention, work release, international transfer or
7 exchange, or by the custodian of the discharge of any
8 individual who was adjudicated a delinquent for a violent crime
9 from State custody and by the sheriff of the appropriate county
10 of any such person's final discharge from county custody. The
11 Prisoner Review Board, upon written request, shall provide to a
12 victim or any other concerned citizen a recent photograph of
13 any person convicted of a felony, upon his or her release from
14 custody. The Prisoner Review Board, upon written request, shall
15 inform a victim or any other concerned citizen when feasible at
16 least 7 days prior to the prisoner's release on furlough of the
17 times and dates of such furlough. Upon written request by the
18 victim or any other concerned citizen, the State's Attorney
19 shall notify the person once of the times and dates of release
20 of a prisoner sentenced to periodic imprisonment. Notification
21 shall be based on the most recent information as to victim's or
22 other concerned citizen's residence or other location
23 available to the notifying authority. For purposes of this
24 paragraph (1) of subsection (d), "concerned citizen" includes
25 relatives of the victim, friends of the victim, witnesses to
26 the crime, or any other person associated with the victim or

 

 

HB0970 - 9 - LRB096 08336 RLC 18445 b

1 prisoner.
2         (2) When the defendant has been committed to the
3     Department of Human Services pursuant to Section 5-2-4 or
4     any other provision of the Unified Code of Corrections, the
5     victim may request to be notified by the releasing
6     authority of the defendant's furloughs, temporary release,
7     or final discharge from State custody. The Department of
8     Human Services shall establish and maintain a statewide
9     telephone number to be used by victims to make notification
10     requests under these provisions, and shall publicize this
11     telephone number on its website and to the State's Attorney
12     of each county.
13         (3) In the event of an escape from State custody, the
14     Department of Corrections or the Department of Juvenile
15     Justice immediately shall notify the Prisoner Review Board
16     of the escape and the Prisoner Review Board shall notify
17     the victim. The notification shall be based upon the most
18     recent information as to the victim's residence or other
19     location available to the Board. When no such information
20     is available, the Board shall make all reasonable efforts
21     to obtain the information and make the notification. When
22     the escapee is apprehended, the Department of Corrections
23     or the Department of Juvenile Justice immediately shall
24     notify the Prisoner Review Board and the Board shall notify
25     the victim.
26         (4) The victim of the crime for which the prisoner has

 

 

HB0970 - 10 - LRB096 08336 RLC 18445 b

1     been sentenced shall receive reasonable written notice not
2     less than 30 15 days prior to the parole hearing and may
3     submit, in writing, on film, videotape or other electronic
4     means or in the form of a recording or in person at the
5     parole hearing or if a victim of a violent crime, by
6     calling the toll-free number established in subsection (f)
7     of this Section, information for consideration by the
8     Prisoner Review Board. The victim shall be notified within
9     7 days after the prisoner has been granted parole and shall
10     be informed of the right to inspect the registry of parole
11     decisions, established under subsection (g) of Section
12     3-3-5 of the Unified Code of Corrections. The provisions of
13     this paragraph (4) are subject to the Open Parole Hearings
14     Act. When the victim, concerned citizens, or the State's
15     Attorney has opposed parole for an inmate sentenced under
16     the law in effect prior to February 1, 1978, the additional
17     provision in paragraph (5.1) applies.
18         (5) If a statement is presented under Section 6, the
19     Prisoner Review Board shall inform the victim of any order
20     of discharge entered by the Board pursuant to Section 3-3-8
21     of the Unified Code of Corrections.
22         (5.1) If a victim or concerned citizen has registered
23     an objection to parole of an inmate sentenced under the law
24     in effect prior to February 1, 1978, the victim or
25     concerned citizen shall receive a copy of the most recent
26     written submissions that the inmate filed in requesting

 

 

HB0970 - 11 - LRB096 08336 RLC 18445 b

1     parole. The Prisoner Review Board may satisfy this
2     requirement by tendering these documents to the State's
3     Attorney's Office that has submitted objections.
4         (6) At the written request of the victim of the crime
5     for which the prisoner was sentenced or the State's
6     Attorney of the county where the person seeking parole was
7     prosecuted, the Prisoner Review Board shall notify the
8     victim and the State's Attorney of the county where the
9     person seeking parole was prosecuted of the death of the
10     prisoner if the prisoner died while on parole or mandatory
11     supervised release.
12         (7) When a defendant who has been committed to the
13     Department of Corrections, the Department of Juvenile
14     Justice, or the Department of Human Services is released or
15     discharged and subsequently committed to the Department of
16     Human Services as a sexually violent person and the victim
17     had requested to be notified by the releasing authority of
18     the defendant's discharge from State custody, the
19     releasing authority shall provide to the Department of
20     Human Services such information that would allow the
21     Department of Human Services to contact the victim.
22         (8) When a defendant has been convicted of a sex
23     offense as defined in Section 2 of the Sex Offender
24     Registration Act and has been sentenced to the Department
25     of Corrections or the Department of Juvenile Justice, the
26     Prisoner Review Board shall notify the victim of the sex

 

 

HB0970 - 12 - LRB096 08336 RLC 18445 b

1     offense of the prisoner's eligibility for release on
2     parole, mandatory supervised release, electronic
3     detention, work release, international transfer or
4     exchange, or by the custodian of the discharge of any
5     individual who was adjudicated a delinquent for a sex
6     offense from State custody and by the sheriff of the
7     appropriate county of any such person's final discharge
8     from county custody. The notification shall be made to the
9     victim at least 30 days, whenever possible, before release
10     of the sex offender.
11     (e) The officials named in this Section may satisfy some or
12 all of their obligations to provide notices and other
13 information through participation in a statewide victim and
14 witness notification system established by the Attorney
15 General under Section 8.5 of this Act.
16     (f) To permit a victim of a violent crime to provide
17 information to the Prisoner Review Board for consideration by
18 the Board at a parole hearing of a person who committed the
19 crime against the victim in accordance with clause (d)(4) of
20 this Section or at a proceeding to determine the conditions of
21 mandatory supervised release of a person sentenced to a
22 determinate sentence or at a hearing on revocation of mandatory
23 supervised release of a person sentenced to a determinate
24 sentence, the Board shall establish a toll-free number that may
25 be accessed by the victim of a violent crime to present that
26 information to the Board.

 

 

HB0970 - 13 - LRB096 08336 RLC 18445 b

1 (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07;
2 95-896, eff. 1-1-09; 95-897, eff. 1-1-09; 95-904, eff. 1-1-09;
3 revised 9-25-08.)
 
4     Section 10. The Unified Code of Corrections is amended by
5 changing Sections 3-3-2, 3-3-4, 3-3-5, and 3-5-1 as follows:
 
6     (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
7     Sec. 3-3-2. Powers and Duties.
8     (a) The Parole and Pardon Board is abolished and the term
9 "Parole and Pardon Board" as used in any law of Illinois, shall
10 read "Prisoner Review Board." After the effective date of this
11 amendatory Act of 1977, the Prisoner Review Board shall provide
12 by rule for the orderly transition of all files, records, and
13 documents of the Parole and Pardon Board and for such other
14 steps as may be necessary to effect an orderly transition and
15 shall:
16         (1) hear by at least one member and through a panel of
17     at least 3 members decide, cases of prisoners who were
18     sentenced under the law in effect prior to the effective
19     date of this amendatory Act of 1977, and who are eligible
20     for parole;
21         (2) hear by at least one member and through a panel of
22     at least 3 members decide, the conditions of parole and the
23     time of discharge from parole, impose sanctions for
24     violations of parole, and revoke parole for those sentenced

 

 

HB0970 - 14 - LRB096 08336 RLC 18445 b

1     under the law in effect prior to this amendatory Act of
2     1977; provided that the decision to parole and the
3     conditions of parole for all prisoners who were sentenced
4     for first degree murder or who received a minimum sentence
5     of 20 years or more under the law in effect prior to
6     February 1, 1978 shall be determined by a majority vote of
7     the Prisoner Review Board after the members present at the
8     en banc have heard presentations in support of and, if the
9     parole is opposed, in objection to the parole request;
10         (3) hear by at least one member and through a panel of
11     at least 3 members decide, the conditions of mandatory
12     supervised release and the time of discharge from mandatory
13     supervised release, impose sanctions for violations of
14     mandatory supervised release, and revoke mandatory
15     supervised release for those sentenced under the law in
16     effect after the effective date of this amendatory Act of
17     1977;
18         (3.5) hear by at least one member and through a panel
19     of at least 3 members decide, the conditions of mandatory
20     supervised release and the time of discharge from mandatory
21     supervised release, to impose sanctions for violations of
22     mandatory supervised release and revoke mandatory
23     supervised release for those serving extended supervised
24     release terms pursuant to paragraph (4) of subsection (d)
25     of Section 5-8-1;
26         (4) hear by at least 1 member and through a panel of at

 

 

HB0970 - 15 - LRB096 08336 RLC 18445 b

1     least 3 members, decide cases brought by the Department of
2     Corrections against a prisoner in the custody of the
3     Department for alleged violation of Department rules with
4     respect to good conduct credits pursuant to Section 3-6-3
5     of this Code in which the Department seeks to revoke good
6     conduct credits, if the amount of time at issue exceeds 30
7     days or when, during any 12 month period, the cumulative
8     amount of credit revoked exceeds 30 days except where the
9     infraction is committed or discovered within 60 days of
10     scheduled release. In such cases, the Department of
11     Corrections may revoke up to 30 days of good conduct
12     credit. The Board may subsequently approve the revocation
13     of additional good conduct credit, if the Department seeks
14     to revoke good conduct credit in excess of thirty days.
15     However, the Board shall not be empowered to review the
16     Department's decision with respect to the loss of 30 days
17     of good conduct credit for any prisoner or to increase any
18     penalty beyond the length requested by the Department;
19         (5) hear by at least one member and through a panel of
20     at least 3 members decide, the release dates for certain
21     prisoners sentenced under the law in existence prior to the
22     effective date of this amendatory Act of 1977, in
23     accordance with Section 3-3-2.1 of this Code;
24         (6) hear by at least one member and through a panel of
25     at least 3 members decide, all requests for pardon,
26     reprieve or commutation, and make confidential

 

 

HB0970 - 16 - LRB096 08336 RLC 18445 b

1     recommendations to the Governor;
2         (7) comply with the requirements of the Open Parole
3     Hearings Act;
4         (8) hear by at least one member and, through a panel of
5     at least 3 members, decide cases brought by the Department
6     of Corrections against a prisoner in the custody of the
7     Department for court dismissal of a frivolous lawsuit
8     pursuant to Section 3-6-3(d) of this Code in which the
9     Department seeks to revoke up to 180 days of good conduct
10     credit, and if the prisoner has not accumulated 180 days of
11     good conduct credit at the time of the dismissal, then all
12     good conduct credit accumulated by the prisoner shall be
13     revoked; and
14         (9) hear by at least 3 members, and, through a panel of
15     at least 3 members, decide whether to grant certificates of
16     relief from disabilities or certificates of good conduct as
17     provided in Article 5.5 of Chapter V.
18     (a-5) The Prisoner Review Board, with the cooperation of
19 and in coordination with the Department of Corrections and the
20 Department of Central Management Services, shall implement a
21 pilot project in 3 correctional institutions providing for the
22 conduct of hearings under paragraphs (1) and (4) of subsection
23 (a) of this Section through interactive video conferences. The
24 project shall be implemented within 6 months after the
25 effective date of this amendatory Act of 1996. Within 6 months
26 after the implementation of the pilot project, the Prisoner

 

 

HB0970 - 17 - LRB096 08336 RLC 18445 b

1 Review Board, with the cooperation of and in coordination with
2 the Department of Corrections and the Department of Central
3 Management Services, shall report to the Governor and the
4 General Assembly regarding the use, costs, effectiveness, and
5 future viability of interactive video conferences for Prisoner
6 Review Board hearings.
7     (b) Upon recommendation of the Department the Board may
8 restore good conduct credit previously revoked.
9     (c) The Board shall cooperate with the Department in
10 promoting an effective system of parole and mandatory
11 supervised release.
12     (d) The Board shall promulgate rules for the conduct of its
13 work, and the Chairman shall file a copy of such rules and any
14 amendments thereto with the Director and with the Secretary of
15 State.
16     (e) The Board shall keep records of all of its official
17 actions and shall make them accessible in accordance with law
18 and the rules of the Board.
19     (f) The Board or one who has allegedly violated the
20 conditions of his parole or mandatory supervised release may
21 require by subpoena the attendance and testimony of witnesses
22 and the production of documentary evidence relating to any
23 matter under investigation or hearing. The Chairman of the
24 Board may sign subpoenas which shall be served by any agent or
25 public official authorized by the Chairman of the Board, or by
26 any person lawfully authorized to serve a subpoena under the

 

 

HB0970 - 18 - LRB096 08336 RLC 18445 b

1 laws of the State of Illinois. The attendance of witnesses, and
2 the production of documentary evidence, may be required from
3 any place in the State to a hearing location in the State
4 before the Chairman of the Board or his designated agent or
5 agents or any duly constituted Committee or Subcommittee of the
6 Board. Witnesses so summoned shall be paid the same fees and
7 mileage that are paid witnesses in the circuit courts of the
8 State, and witnesses whose depositions are taken and the
9 persons taking those depositions are each entitled to the same
10 fees as are paid for like services in actions in the circuit
11 courts of the State. Fees and mileage shall be vouchered for
12 payment when the witness is discharged from further attendance.
13     In case of disobedience to a subpoena, the Board may
14 petition any circuit court of the State for an order requiring
15 the attendance and testimony of witnesses or the production of
16 documentary evidence or both. A copy of such petition shall be
17 served by personal service or by registered or certified mail
18 upon the person who has failed to obey the subpoena, and such
19 person shall be advised in writing that a hearing upon the
20 petition will be requested in a court room to be designated in
21 such notice before the judge hearing motions or extraordinary
22 remedies at a specified time, on a specified date, not less
23 than 10 nor more than 15 days after the deposit of the copy of
24 the written notice and petition in the U.S. mails addressed to
25 the person at his last known address or after the personal
26 service of the copy of the notice and petition upon such

 

 

HB0970 - 19 - LRB096 08336 RLC 18445 b

1 person. The court upon the filing of such a petition, may order
2 the person refusing to obey the subpoena to appear at an
3 investigation or hearing, or to there produce documentary
4 evidence, if so ordered, or to give evidence relative to the
5 subject matter of that investigation or hearing. Any failure to
6 obey such order of the circuit court may be punished by that
7 court as a contempt of court.
8     Each member of the Board and any hearing officer designated
9 by the Board shall have the power to administer oaths and to
10 take the testimony of persons under oath.
11     (g) Except under subsection (a) of this Section, a majority
12 of the members then appointed to the Prisoner Review Board
13 shall constitute a quorum for the transaction of all business
14 of the Board.
15     (h) The Prisoner Review Board shall annually transmit to
16 the Director a detailed report of its work for the preceding
17 calendar year. The annual report shall also be transmitted to
18 the Governor for submission to the Legislature.
19 (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
 
20     (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)
21     Sec. 3-3-4. Preparation for Parole Hearing.
22     (a) The Prisoner Review Board shall consider the parole of
23 each eligible person committed to the Adult Division at least
24 30 days prior to the date he shall first become eligible for
25 parole, and shall consider the parole of each person committed

 

 

HB0970 - 20 - LRB096 08336 RLC 18445 b

1 to the Department of Juvenile Justice as a delinquent at least
2 30 days prior to the expiration of the first year of
3 confinement.
4     (b) A person eligible for parole shall, in advance of his
5 parole hearing, prepare a parole plan in accordance with the
6 rules of the Prisoner Review Board. The person shall be
7 assisted in preparing his parole plan by personnel of the
8 Department of Corrections, or the Department of Juvenile
9 Justice in the case of a person committed to that Department,
10 and may, for this purpose, be released on furlough under
11 Article 11 or on authorized absence under Section 3-9-4. The
12 appropriate Department shall also provide assistance in
13 obtaining information and records helpful to the individual for
14 his parole hearing.
15     (c) The members of the Board shall have access at all
16 reasonable times to any committed person and to his master
17 record file within the Department, and the Department shall
18 furnish such reports to the Board as the Board may require
19 concerning the conduct and character of any such person.
20     (d) In making its determination of parole, the Board shall
21 consider:
22         (1) material transmitted to the Department of Juvenile
23     Justice by the clerk of the committing court under Section
24     5-4-1 or Section 5-10 of the Juvenile Court Act or Section
25     5-750 of the Juvenile Court Act of 1987;
26         (2) the report under Section 3-8-2 or 3-10-2;

 

 

HB0970 - 21 - LRB096 08336 RLC 18445 b

1         (3) a report by the Department and any report by the
2     chief administrative officer of the institution or
3     facility;
4         (4) a parole progress report;
5         (5) a medical and psychological report, if requested by
6     the Board;
7         (6) material in writing, or on film, video tape or
8     other electronic means in the form of a recording submitted
9     by the person whose parole is being considered; and
10         (7) material in writing, or on film, video tape or
11     other electronic means in the form of a recording or
12     testimony submitted by the State's Attorney and the victim
13     or a concerned citizen pursuant to the Rights of Crime
14     Victims and Witnesses Act.
15     (e) The prosecuting State's Attorney's office shall
16 receive from the Board reasonable written notice not less than
17 60 15 days prior to the parole hearing described in paragraph
18 (b-2) of Section 3-3-5 of this Code the names of all inmates
19 scheduled for said hearing and may submit relevant information
20 by oral argument or testimony of victims and concerned
21 citizens, or both, in writing, or on film, video tape or other
22 electronic means or in the form of a recording to the Board for
23 its consideration. The State's Attorney may waive the written
24 notice or request reasonable time to procure additional
25 information.
26     (f) The victim of the violent crime for which the prisoner

 

 

HB0970 - 22 - LRB096 08336 RLC 18445 b

1 has been sentenced shall receive notice of a parole hearing as
2 provided in paragraph (4) of subsection (d) of Section 4.5 of
3 the Rights of Crime Victims and Witnesses Act.
4     (g) Any recording considered under the provisions of
5 subsection (d)(6), (d)(7) or (e) of this Section shall be in
6 the form designated by the Board. Such recording shall be both
7 visual and aural. Every voice on the recording and person
8 present shall be identified and the recording shall contain
9 either a visual or aural statement of the person submitting
10 such recording, the date of the recording and the name of the
11 person whose parole eligibility is being considered. Such
12 recordings shall be , if retained by the Board and shall be
13 deemed to be submitted at any subsequent parole hearing if the
14 victim or State's Attorney submits in writing a declaration
15 clearly identifying such recording as representing the present
16 position of the victim or State's Attorney regarding the issues
17 to be considered at the parole hearing.
18 (Source: P.A. 94-696, eff. 6-1-06.)
 
19     (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
20     Sec. 3-3-5. Hearing and Determination.
21     (a) The Prisoner Review Board shall meet as often as need
22 requires to consider the cases of persons eligible for parole.
23 Except as otherwise provided in paragraph (2) of subsection (a)
24 of Section 3-3-2 of this Act, the Prisoner Review Board may
25 meet and order its actions in panels of 3 or more members. The

 

 

HB0970 - 23 - LRB096 08336 RLC 18445 b

1 action of a majority of the panel shall be the action of the
2 Board. In consideration of persons committed to the Department
3 of Juvenile Justice, the panel shall have at least a majority
4 of members experienced in juvenile matters.
5     (b) If the person under consideration for parole is in the
6 custody of the Department, at least one member of the Board
7 shall interview him, and a report of that interview shall be
8 available for the Board's consideration. However, in the
9 discretion of the Board, the interview need not be conducted if
10 a psychiatric examination determines that the person could not
11 meaningfully contribute to the Board's consideration. The
12 Board may in its discretion parole a person who is then outside
13 the jurisdiction on his record without an interview. The Board
14 need not hold a hearing or interview a person who is paroled
15 under paragraphs (d) or (e) of this Section or released on
16 Mandatory release under Section 3-3-10.
17     (b-1) When an interview is conducted, the person seeking
18 parole shall be interviewed at the penal institution where the
19 person is confined and may receive additional testimony from
20 the person seeking parole's attorney, family, and other persons
21 in support of the Board granting parole. Upon the request of
22 the State's Attorney and to the extent allowed by law, a copy
23 of the any written submissions by the person seeking parole and
24 copies of the reports described in paragraph (c) of Section
25 3-3-4 of this Act, documents in the possession of the Board
26 reflecting the person seeking parole's current medical

 

 

HB0970 - 24 - LRB096 08336 RLC 18445 b

1 conditions and treatment, and the person seeking parole's
2 mental health reports, shall be served upon the State's
3 Attorney of the county that prosecuted the person by the
4 Prisoner Review Board within 3 days of the Board's receipt of
5 these documents. Upon the request of the State's Attorney, the
6 Board shall make available for inspection and copying the file
7 described in paragraph (c) of Section 3-3-4 of this Act.
8     Thereafter, the Board may upon the written request of the
9 State's Attorney of the county where the person seeking parole
10 was prosecuted conduct the State's Attorney's portion of the
11 parole hearing within said county, or the judicial circuit
12 within which the county rests. At the hearing, a State's
13 Attorney's Office representative and all victims or concerned
14 citizens may address the Board. These statements may be made in
15 person, in writing, or by a recording or video recording. At
16 least one member of the Board shall preside over this hearing.
17     (b-3) After the State's Attorney's portion of the parole
18 hearing, the Board shall give all registered crime victims and
19 the State's Attorney of the county where the person seeking
20 parole was prosecuted 15 days' notice of an en banc hearing
21 before the Board. Such hearing may be continued by the Board
22 only if the persons objecting to and supporting parole are
23 given 5 days' notice of any hearing continuance unless there is
24 an emergency declared by the Chairman of the Board. One Board
25 member shall make a comprehensive presentation of the person
26 seeking parole's case to the Board. The person seeking parole's

 

 

HB0970 - 25 - LRB096 08336 RLC 18445 b

1 attorney and one representative of the person seeking parole
2 may address the Board. A representative of the Office of the
3 State's Attorney and the victim or one representative of the
4 victim may address the Board and request conditions of parole
5 should the Board vote to parole the person seeking parole.
6 Thereafter, the Board shall deliberate and vote on granting
7 parole.
8     (c) The Board shall not parole a person eligible for parole
9 if it determines that:
10         (1) there is a substantial risk that he will not
11     conform to reasonable conditions of parole; or
12         (2) his release at that time would deprecate the
13     seriousness of his offense or promote disrespect for the
14     law; or
15         (3) his release would have a substantially adverse
16     effect on institutional discipline.
17     (d) A person committed under the Juvenile Court Act or the
18 Juvenile Court Act of 1987 who has not been sooner released
19 shall be paroled on or before his 20th birthday to begin
20 serving a period of parole under Section 3-3-8.
21     (e) A person who has served the maximum term of
22 imprisonment imposed at the time of sentencing less time credit
23 for good behavior shall be released on parole to serve a period
24 of parole under Section 5-8-1.
25     (f) The Board shall render its decision within a reasonable
26 time after hearing and shall state the basis therefor both in

 

 

HB0970 - 26 - LRB096 08336 RLC 18445 b

1 the records of the Board and in written notice to the person on
2 whose application it has acted. In its decision, the Board
3 shall set the person's time for parole, or if it denies parole
4 it shall provide for a rehearing not less frequently than once
5 every year, except that the Board may, after denying parole,
6 schedule a rehearing no later than 5 3 years from the date of
7 the parole denial, if the Board finds that it is not reasonable
8 to expect that parole would be granted at a hearing prior to
9 the scheduled rehearing date. If the Board shall parole a
10 person, and, if he is not released within 90 days from the
11 effective date of the order granting parole, the matter shall
12 be returned to the Board for review.
13     (g) The Board shall maintain a registry of decisions in
14 which parole has been granted, which shall include the name and
15 case number of the prisoner, the highest charge for which the
16 prisoner was sentenced, the length of sentence imposed, the
17 date of the sentence, the date of the parole, and the basis for
18 the decision of the Board to grant parole and the vote of the
19 Board on any such decisions. The registry shall be made
20 available for public inspection and copying during business
21 hours and shall be a public record pursuant to the provisions
22 of the Freedom of Information Act.
23     (h) The Board shall promulgate rules regarding the exercise
24 of its discretion under this Section.
25 (Source: P.A. 94-696, eff. 6-1-06.)
 

 

 

HB0970 - 27 - LRB096 08336 RLC 18445 b

1     (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)
2     Sec. 3-5-1. Master Record File.
3     (a) The Department of Corrections and the Department of
4 Juvenile Justice shall maintain a master record file on each
5 person committed to it, which shall contain the following
6 information:
7         (1) all information from the committing court;
8         (2) reception summary;
9         (3) evaluation and assignment reports and
10     recommendations;
11         (4) reports as to program assignment and progress;
12         (5) reports of disciplinary infractions and
13     disposition;
14         (6) any parole plan;
15         (7) any parole reports;
16         (8) the date and circumstances of final discharge; and
17     any other pertinent data concerning the person's
18     background, conduct, associations and family relationships
19     as may be required by the respective Department. A current
20     summary index shall be maintained on each file which shall
21     include the person's known active and past gang
22     affiliations and ranks.
23     (b) All files shall be confidential and access shall be
24 limited to authorized personnel of the respective Department.
25 Personnel of other correctional, welfare or law enforcement
26 agencies may have access to files under rules and regulations

 

 

HB0970 - 28 - LRB096 08336 RLC 18445 b

1 of the respective Department. The prosecuting State's
2 Attorney's Office shall have access to the committed person's
3 master record file whenever the Prisoner Review Board has
4 scheduled a parole hearing for the committed person under
5 Section 3-3-5 of this Code. The respective Department shall
6 keep a record of all outside personnel who have access to
7 files, the files reviewed, any file material copied, and the
8 purpose of access. If the respective Department or the Prisoner
9 Review Board makes a determination under this Code which
10 affects the length of the period of confinement or commitment,
11 the committed person and his counsel shall be advised of
12 factual information relied upon by the respective Department or
13 Board to make the determination, provided that the Department
14 or Board shall not be required to advise a person committed to
15 the Department of Juvenile Justice any such information which
16 in the opinion of the Department of Juvenile Justice or Board
17 would be detrimental to his treatment or rehabilitation.
18     (c) The master file shall be maintained at a place
19 convenient to its use by personnel of the respective Department
20 in charge of the person. When custody of a person is
21 transferred from the Department to another department or
22 agency, a summary of the file shall be forwarded to the
23 receiving agency with such other information required by law or
24 requested by the agency under rules and regulations of the
25 respective Department.
26     (d) The master file of a person no longer in the custody of

 

 

HB0970 - 29 - LRB096 08336 RLC 18445 b

1 the respective Department shall be placed on inactive status
2 and its use shall be restricted subject to rules and
3 regulations of the Department.
4     (e) All public agencies may make available to the
5 respective Department on request any factual data not otherwise
6 privileged as a matter of law in their possession in respect to
7 individuals committed to the respective Department.
8 (Source: P.A. 94-696, eff. 6-1-06.)
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.