Full Text of SB1471 97th General Assembly
SB1471sam001 97TH GENERAL ASSEMBLY | Sen. Thomas Johnson Filed: 4/4/2011
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| 1 | | AMENDMENT TO SENATE BILL 1471
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1471 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-3-4 as follows:
| 6 | | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 7 | | Sec. 3-3-4. Preparation for Parole Hearing.
| 8 | | (a) The Prisoner Review Board shall consider the parole
of | 9 | | each eligible person committed to the Adult Division at
least | 10 | | 30 days prior to the date he shall first become
eligible for | 11 | | parole, and shall consider the parole of each
person committed | 12 | | to the Department of Juvenile Justice as a delinquent
at least | 13 | | 30 days prior to the expiration of the first year
of | 14 | | confinement.
| 15 | | (b) A person eligible for parole shall, no less than 15 | 16 | | days in advance of
his parole interview, prepare a parole plan |
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| 1 | | in accordance
with the rules of the Prisoner Review Board. The | 2 | | person
shall be assisted in preparing his parole plan by | 3 | | personnel
of the Department of Corrections, or the Department | 4 | | of Juvenile Justice in the case of a person committed to that | 5 | | Department, and may, for this purpose, be released
on furlough | 6 | | under Article 11 or on authorized absence under
Section 3-9-4. | 7 | | The appropriate Department shall also provide
assistance in | 8 | | obtaining information and records helpful to
the individual for | 9 | | his parole hearing. If the person eligible for parole has a | 10 | | petition or any written submissions prepared on his or her | 11 | | behalf by an attorney or other representative, the attorney or | 12 | | representative for the person eligible for parole must serve by | 13 | | certified mail the State's Attorney of the county where he or | 14 | | she was prosecuted with the petition or any written submissions | 15 | | 15 days after his or her parole interview. The State's Attorney | 16 | | shall provide the attorney for the person eligible for parole | 17 | | with a copy of his or her letter in opposition to parole via | 18 | | certified mail within 5 business days of the en banc hearing.
| 19 | | (c) Any member of the Board shall have access at all
| 20 | | reasonable times to any committed person and to his master
| 21 | | record file within the Department, and the Department shall
| 22 | | furnish such a report to the Board
concerning the conduct and | 23 | | character of any such person prior to his or her parole | 24 | | interview.
| 25 | | (d) In making its determination of parole, the Board
shall | 26 | | consider:
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| 1 | | (1) material transmitted to the Department of Juvenile | 2 | | Justice by the
clerk of the committing court under Section | 3 | | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | 4 | | 5-750 of the Juvenile
Court Act of 1987;
| 5 | | (2) the report under Section 3-8-2 or 3-10-2;
| 6 | | (3) a report by the Department and any report by the
| 7 | | chief administrative officer of the institution or | 8 | | facility;
| 9 | | (4) a parole progress report;
| 10 | | (5) a medical and psychological report, if requested
by | 11 | | the Board;
| 12 | | (6) material in writing, or on film, video tape or | 13 | | other electronic
means in the form of a recording submitted | 14 | | by the person whose parole
is being considered; and
| 15 | | (7) material in writing, or on film, video tape or | 16 | | other electronic
means in the form of a recording or | 17 | | testimony submitted by the State's
Attorney and the victim | 18 | | or a concerned citizen pursuant to the Rights of Crime | 19 | | Victims and Witnesses Act.
| 20 | | (e) The prosecuting State's Attorney's office shall | 21 | | receive from the Board reasonable
written notice not less than | 22 | | 30 days prior to the parole interview and may
submit relevant | 23 | | information by oral argument or testimony of victims and | 24 | | concerned citizens, or both, in writing, or on film, video tape | 25 | | or other
electronic means or in the form of a recording to the | 26 | | Board for its
consideration. Upon written request of the |
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| 1 | | State's Attorney's office, the Prisoner Review Board shall hear | 2 | | protests to parole, except in counties of 1,500,000 or more | 3 | | inhabitants where there shall be standing objections to all | 4 | | such petitions. If a State's Attorney who represents a county | 5 | | of less than 1,500,000 inhabitants requests a protest hearing, | 6 | | the inmate's counsel or other representative shall also receive | 7 | | notice of such request.
This hearing shall take place the month | 8 | | following the inmate's parole interview. If the inmate's parole | 9 | | interview is rescheduled then the Prisoner Review Board shall | 10 | | promptly notify the State's Attorney of the new date. The | 11 | | person eligible for parole shall be heard at the next scheduled | 12 | | en banc hearing date. If the case is to be continued, the | 13 | | State's Attorney's office and the attorney or representative | 14 | | for the person eligible for parole will be notified of any | 15 | | continuance within 5 business days. The State's Attorney may | 16 | | waive the written notice.
| 17 | | (f) The victim of the violent crime for which the prisoner | 18 | | has been
sentenced shall receive notice of a parole hearing as | 19 | | provided in paragraph
(4) of subsection (d) of Section 4.5 of | 20 | | the Rights of Crime Victims and Witnesses
Act.
| 21 | | (g) Any recording considered under the provisions of | 22 | | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 23 | | the form designated by the Board.
Such recording shall be both | 24 | | visual and aural. Every voice on the
recording and person | 25 | | present shall be identified and the recording shall
contain | 26 | | either a visual or aural statement of the person submitting |
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| 1 | | such
recording, the date of the recording and the name of the | 2 | | person whose
parole eligibility is being considered. Such | 3 | | recordings shall be retained by
the Board and shall be deemed | 4 | | to be submitted at any subsequent parole hearing
if the victim | 5 | | or State's Attorney submits in writing a declaration clearly
| 6 | | identifying such recording as representing the present | 7 | | position of the
victim or State's Attorney regarding the issues | 8 | | to be considered at the parole
hearing.
| 9 | | (h) The Board shall not release any material to the inmate, | 10 | | the inmate's attorney, any third party, or any other person | 11 | | containing any information from the victim or from a person | 12 | | related to the victim by blood, adoption, or marriage who has | 13 | | written objections, testified at any hearing, or submitted | 14 | | audio or visual objections to the inmate's parole, unless | 15 | | provided with a waiver from that objecting party. | 16 | | (Source: P.A. 96-875, eff. 1-22-10.)".
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