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92_HB3782 LRB9213167RCcd 1 AN ACT concerning parole. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended 5 by changing Sections 3-3-2, 3-3-4, 3-3-5, and 3-3-8 as 6 follows: 7 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2) 8 Sec. 3-3-2. Powers and Duties. 9 (a) The Parole and Pardon Board is abolished and the 10 term "Parole and Pardon Board" as used in any law of 11 Illinois, shall read "Prisoner Review Board." After the 12 effective date of this amendatory Act of 1977, the Prisoner 13 Review Board shall provide by rule for the orderly transition 14 of all files, records, and documents of the Parole and Pardon 15 Board and for such other steps as may be necessary to effect 16 an orderly transition and shall: 17 (1) hear and decide through a panel of 3 members
by18 at least one member and through a panel of at least 319 members decide,cases of prisoners who were sentenced 20 under the law in effect prior to the effective date of 21 this amendatory Act of 1977, and who are eligible for 22 parole; 23 (2) hear by at least one member and through a panel 24 of at least 3 members decide, the conditions of parole 25 and the time of discharge from parole, impose sanctions 26 for violations of parole, and revoke parole for those 27 sentenced under the law in effect prior to this 28 amendatory Act of 1977; provided that the decision to29 parole and the conditions of parole for all prisoners who30 were sentenced for first degree murder or who received a31 minimum sentence of 20 years or more under the law in-2- LRB9213167RCcd 1 effect prior to February 1, 1978 shall be determined by a2 majority vote of the Prisoner Review Board;3 (3) hear by at least one member and through a panel 4 of at least 3 members decide, the conditions of mandatory 5 supervised release and the time of discharge from 6 mandatory supervised release, impose sanctions for 7 violations of mandatory supervised release, and revoke 8 mandatory supervised release for those sentenced under 9 the law in effect after the effective date of this 10 amendatory Act of 1977; 11 (4) hear by at least 1 member and through a panel 12 of at least 3 members, decide cases brought by the 13 Department of Corrections against a prisoner in the 14 custody of the Department for alleged violation of 15 Department rules with respect to good conduct credits 16 pursuant to Section 3-6-3 of this Code in which the 17 Department seeks to revoke good conduct credits, if the 18 amount of time at issue exceeds 30 days or when, during 19 any 12 month period, the cumulative amount of credit 20 revoked exceeds 30 days except where the infraction is 21 committed or discovered within 60 days of scheduled 22 release. In such cases, the Department of Corrections may 23 revoke up to 30 days of good conduct credit. The Board 24 may subsequently approve the revocation of additional 25 good conduct credit, if the Department seeks to revoke 26 good conduct credit in excess of thirty days. However, 27 the Board shall not be empowered to review the 28 Department's decision with respect to the loss of 30 days 29 of good conduct credit for any prisoner or to increase 30 any penalty beyond the length requested by the 31 Department; 32 (5) hear by at least one member and through a panel 33 of at least 3 members decide, the release dates for 34 certain prisoners sentenced under the law in existence -3- LRB9213167RCcd 1 prior to the effective date of this amendatory Act of 2 1977, in accordance with Section 3-3-2.1 of this Code; 3 (6) hear by at least one member and through a panel 4 of at least 3 members decide, all requests for pardon, 5 reprieve or commutation, and make confidential 6 recommendations to the Governor; 7 (7) comply with the requirements of the Open Parole 8 Hearings Act; and 9 (8) hear by at least one member and, through a 10 panel of at least 3 members, decide cases brought by the 11 Department of Corrections against a prisoner in the 12 custody of the Department for court dismissal of a 13 frivolous lawsuit pursuant to Section 3-6-3(d) of this 14 Code in which the Department seeks to revoke up to 180 15 days of good conduct credit, and if the prisoner has not 16 accumulated 180 days of good conduct credit at the time 17 of the dismissal, then all good conduct credit 18 accumulated by the prisoner shall be revoked. 19 (a-5) The Prisoner Review Board, with the cooperation of 20 and in coordination with the Department of Corrections and 21 the Department of Central Management Services, shall 22 implement a pilot project in 3 correctional institutions 23 providing for the conduct of hearings under paragraphs (1) 24 and (4) of subsection (a) of this Section through interactive 25 video conferences. The project shall be implemented within 6 26 months after the effective date of this amendatory Act of 27 1996. Within 6 months after the implementation of the pilot 28 project, the Prisoner Review Board, with the cooperation of 29 and in coordination with the Department of Corrections and 30 the Department of Central Management Services, shall report 31 to the Governor and the General Assembly regarding the use, 32 costs, effectiveness, and future viability of interactive 33 video conferences for Prisoner Review Board hearings. 34 (b) Upon recommendation of the Department the Board may -4- LRB9213167RCcd 1 restore good conduct credit previously revoked. 2 (c) The Board shall cooperate with the Department in 3 promoting an effective system of parole and mandatory 4 supervised release. 5 (d) The Board shall promulgate rules for the conduct of 6 its work, and the Chairman shall file a copy of such rules 7 and any amendments thereto with the Director and with the 8 Secretary of State. 9 (e) The Board shall keep records of all of its official 10 actions and shall make them accessible in accordance with law 11 and the rules of the Board. 12 (f) The Board or one who has allegedly violated the 13 conditions of his parole or mandatory supervised release may 14 require by subpoena the attendance and testimony of witnesses 15 and the production of documentary evidence relating to any 16 matter under investigation or hearing. The Chairman of the 17 Board may sign subpoenas which shall be served by any agent 18 or public official authorized by the Chairman of the Board, 19 or by any person lawfully authorized to serve a subpoena 20 under the laws of the State of Illinois. The attendance of 21 witnesses, and the production of documentary evidence, may be 22 required from any place in the State to a hearing location in 23 the State before the Chairman of the Board or his designated 24 agent or agents or any duly constituted Committee or 25 Subcommittee of the Board. Witnesses so summoned shall be 26 paid the same fees and mileage that are paid witnesses in the 27 circuit courts of the State, and witnesses whose depositions 28 are taken and the persons taking those depositions are each 29 entitled to the same fees as are paid for like services in 30 actions in the circuit courts of the State. Fees and mileage 31 shall be vouchered for payment when the witness is discharged 32 from further attendance. 33 In case of disobedience to a subpoena, the Board may 34 petition any circuit court of the State for an order -5- LRB9213167RCcd 1 requiring the attendance and testimony of witnesses or the 2 production of documentary evidence or both. A copy of such 3 petition shall be served by personal service or by registered 4 or certified mail upon the person who has failed to obey the 5 subpoena, and such person shall be advised in writing that a 6 hearing upon the petition will be requested in a court room 7 to be designated in such notice before the judge hearing 8 motions or extraordinary remedies at a specified time, on a 9 specified date, not less than 10 nor more than 15 days after 10 the deposit of the copy of the written notice and petition in 11 the U.S. mails addressed to the person at his last known 12 address or after the personal service of the copy of the 13 notice and petition upon such person. The court upon the 14 filing of such a petition, may order the person refusing to 15 obey the subpoena to appear at an investigation or hearing, 16 or to there produce documentary evidence, if so ordered, or 17 to give evidence relative to the subject matter of that 18 investigation or hearing. Any failure to obey such order of 19 the circuit court may be punished by that court as a contempt 20 of court. 21 Each member of the Board and any hearing officer 22 designated by the Board shall have the power to administer 23 oaths and to take the testimony of persons under oath. 24 (g) Except under subsection (a) of this Section, a 25 majority of the members then appointed to the Prisoner Review 26 Board shall constitute a quorum for the transaction of all 27 business of the Board. 28 (h) The Prisoner Review Board shall annually transmit to 29 the Director a detailed report of its work for the preceding 30 calendar year. The annual report shall also be transmitted to 31 the Governor for submission to the Legislature. 32 (Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00; 33 91-946, eff. 2-9-01.) -6- LRB9213167RCcd 1 (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4) 2 Sec. 3-3-4. Preparation for Parole Hearing. 3 (a) The Prisoner Review Board shall consider the parole 4 of each eligible person committed to the Adult Division at 5 least 30 days prior to the date he shall first become 6 eligible for parole, and shall consider the parole of each 7 person committed to the Juvenile Division as a delinquent at 8 least 30 days prior to the expiration of the first year of 9 confinement. 10 (b) A person eligible for parole shall, in advance of 11 his parole hearing, prepare a parole plan in accordance with 12 the rules of the Prisoner Review Board. The person shall be 13 assisted in preparing his parole plan by personnel of the 14 Department and may, for this purpose, be released on furlough 15 under Article 11 or on authorized absence under Section 16 3-9-4. The Department shall also provide assistance in 17 obtaining information and records helpful to the individual 18 for his parole hearing. 19 (c) The members 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 reports to the Board as the Board may require 23 concerning the conduct and character of any such person. 24 (d) In making its determination of parole, with use of 25 the Parole Release Risk Assessment Instruments, the Board 26 shall consider: 27 (1) material transmitted to the Department by the 28 clerk of the committing court under Section 5-4-1 or 29 Section 5-10 of the Juvenile Court Act or Section 5-750 30 of the Juvenile Court Act of 1987; 31 (2) the report under Section 3-8-2 or 3-10-2; 32 (3) a report by the Department and any report by 33 the chief administrative officer of the institution or 34 facility; -7- LRB9213167RCcd 1 (4) a parole progress report; 2 (5) a medical and psychological report, if 3 requested by the Board; 4 (6) material in writing, or on film, video tape or 5 other electronic means in the form of a recording 6 submitted by the person whose parole is being considered; 7 and 8 (7) material in writing, or on film, video tape or 9 other electronic means in the form of a recording or 10 testimony submitted by the State's Attorney and the 11 victim pursuant to the Bill ofRights of Crime for12 Victims and Witnesses of Violent CrimeAct. 13 (e) The prosecuting State's Attorney's office shall 14 receive reasonable written notice not less than 15 days prior 15 to the parole hearing and may submit relevant information in 16 writing, or on film, video tape or other electronic means or 17 in the form of a recording to the Board for its 18 consideration. The State's Attorney may waive the written 19 notice. 20 (f) The victim of the violent crime for which the 21 prisoner has been sentenced shall receive notice of a parole 22 hearing as provided in paragraph (4) of subsection (d) (16)23 of Section 4.5 of 4 ofthe Bill ofRights of Crime for24 Victims and Witnesses of Violent CrimeAct. 25 (g) Any recording considered under the provisions of 26 subsection (d)(6), (d)(7) or (e) of this Section shall be in 27 the form designated by the Board. Such recording shall be 28 both visual and aural. Every voice on the recording and 29 person present shall be identified and the recording shall 30 contain either a visual or aural statement of the person 31 submitting such recording, the date of the recording and the 32 name of the person whose parole eligibility is being 33 considered. Such recordings, if retained by the Board shall 34 be deemed to be submitted at any subsequent parole hearing if -8- LRB9213167RCcd 1 the victim or State's Attorney submits in writing a 2 declaration clearly identifying such recording as 3 representing the present position of the victim or State's 4 Attorney regarding the issues to be considered at the parole 5 hearing. 6 (Source: P.A. 90-590, eff. 1-1-99; revised 12-07-01.) 7 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5) 8 Sec. 3-3-5. Hearing and Determination. 9 (a) The Prisoner Review Board shall meet as often as 10 need requires to consider the cases of persons eligible for 11 parole. Except as otherwise provided in paragraph (2) of12 subsection (a) of Section 3-3-2 of this Act,The Prisoner 13 Review Board may meet and order its actions in panels of 3 or 14 more members. The action of a majority of the panel shall be 15 the action of the Board. In consideration of persons 16 committed to the Juvenile Division, the panel shall have at 17 least a majority of members experienced in juvenile matters. 18 (b) If the person under consideration for parole is in 19 the custody of the Department, a panel of 3 members at least20 one memberof the Board shall interview him, and a report of 21 that interview shall be available for the Board's 22 consideration. However, in the discretion of the Board, the 23 interview need not be conducted if a psychiatric examination 24 determines that the person could not meaningfully contribute 25 to the Board's consideration. The Board may in its discretion 26 parole a person who is then outside the jurisdiction on his 27 record without an interview. The Board need not hold a 28 hearing or interview a person who is paroled under paragraphs 29 (d) or (e) of this Section or released on Mandatory release 30 under Section 3-3-10. 31 (c) Following the hearing the parole release panel shall 32 adjourn into a conference. In conference the panel shall 33 discuss all evidence and testimony received and shall -9- LRB9213167RCcd 1 exchange views concerning the weight and credibility to be 2 given the evidence considered before application of Parole 3 Release Risk Assessment Instruments. Following the 4 conference, the parole release panel shall total the scores 5 of the Parole Release Risk Assessment Instrument. A score of 6 39 or less classifies the parole applicant as an acceptable 7 risk, and parole shall be granted. A score of 40 or more 8 classifies the parole applicant as an unacceptable risk, and 9 parole shall be denied unless the score is overridden by a 10 majority vote of the panel. When parole is denied a 11 rationale shall be prepared by at least one member of the 12 panel that states which elements of the Parole Release Risk 13 Assessment Instruments serve as the basis for denial and that 14 must change so that the parole applicant becomes an 15 Acceptable Risk. The Board shall arrive at the parole release 16 decision based on use of objective risk assessment 17 instruments and as an exercise of grace and executing 18 discretion as limited and defined in subsection (b-5) of 19 Section 3-3-8. The Board shall parole persons receiving a 20 total score of 39 or less on the Parole Release Risk 21 Assessment Instrument, and shall not parole those receiving a 22 score of 40 or more unless the score is overridden by a 23 majority vote of the parole release panel. 24 In determining whether to grant or deny parole, the Board 25 shall determine whether the parole applicant is an Acceptable 26 Risk, and the Instrument it uses shall include factors 27 evident from the inmate's prior history, committing offense, 28 institutional adjustment, and parole plan, and 29 rehabilitation, as contained in the Parole Release Risk 30 Assessment Instrument as follows: 31 (1) Total number of adjudications as a delinquent minor. 32 (A) None............................. Enter 0 33 (B) One.............................. Enter 1 34 Two or more........................... Enter 3 ..... -10- LRB9213167RCcd 1 (2) Total number of prior probation/parole 2 /release revocations. 3 (A) one.............................. Enter 0 4 (B) One or more...................... Enter 2 ..... 5 (3) Record of convictions or adjudications 6 for selected offenses (include current 7 offense). 8 (A) None of the below................ Enter 0 9 (B) Forgery, deceptive practices..... Enter 1 10 (C) Other property, assaultive, or 11 weapons offense.................. Enter 2 12 (D) Burglary......................... Enter 3 ..... 13 (4) Age at first conviction or 14 adjudication. 15 (A) 19 years or less................. Enter 0 16 (B) 20-23 years...................... Enter 1 17 (C) 24 years or older................ Enter 2 ..... 18 (5) Compliance with the conditions of 19 the institution (Last 15 years). 20 (A) Total major tickets 0-3.......... Enter 0 21 (B) Total major tickets 4-10......... Enter 2 22 (C) Total tickets ll+ or any one of 23 these tickets (escape, gang 24 activity, murder/death, 25 dangerous disturbance, assault, 26 forced sexual, misconduct 27 or arson)........................ Enter 4 ..... 28 (6) Percent of time employed/in 29 training/in school-current (in 30 institution) or percent of time 31 employed/in training/in school 32 immediately prior to incarceration. 33 (A) 60% or more...................... Enter 0 34 (B) 40-59%........................... Enter 1 -11- LRB9213167RCcd 1 (C) Under 40%........................ Enter 2 2 (D) Other............................ Enter 0 ..... 3 (7) Interpersonal problems in current 4 and/or previous living situation. 5 (A) None............................. Enter 0 6 (B) Few.............................. Enter 1 7 (C) Moderate......................... Enter 3 8 (D) Severe........................... Enter 5 ..... 9 (8) Social interaction. 10 (A) Mainly with non-gang or 11 non-criminally oriented 12 groups/individuals............... Enter 0 13 (B) Mainly with gang or criminally 14 oriented groups/individuals Enter 3 ..... 15 (9) Counselor's appraisal of inmate's 16 attitude. 17 (A) Sincere desire to behave 18 responsibly...................... Enter 0 19 (B) Dependent or irresponsible....... Enter 3 20 (C) No indication of motivation to 21 behave responsibly............... Enter 5 ..... 22 (10) Likelihood of basic human needs 23 after release. 24 (A) Adequate food, shelter, and 25 clothing for inmate and 26 dependents is likely............. Enter 0 27 (B) Appropriate referrals for 28 assistance in ensuring that basic 29 needs are satisfied will be needed 30 - follow-up will be necessary.... Enter 3 31 (C) Critical Problems - inmate and 32 dependents will lack basic life 33 essentials - urgent referral and 34 monitoring will be necessary..... Enter 7 ..... -12- LRB9213167RCcd 1 (11) Likelihood of living arrangements 2 after release. 3 (A) Stable and supportive relationships 4 with family or others in living 5 group is likely.................. Enter 0 6 (B) Inmate likely to live alone or 7 independently within another 8 household........................ Enter 1 9 (C) Inmate likely to experience 10 occasional, moderate 11 interpersonal problems with 12 living group..................... Enter 3 13 (D) Inmate likely to experience 14 frequent and serious interpersonal 15 problems within living group.......... Enter 6 ..... 16 (12) Emotional stability. 17 (A) no symptoms of emotional 18 instability, appropriate 19 emotional responses.............. Enter 0 20 (B) Symptoms limit, but do not 21 prohibit adequate functions, e.g., 22 excessive anxiety................ Enter 4 ..... 23 (13) Symptoms prohibit adequate 24 functioning, e.g., lashes out or 25 retreats into self.................... Enter 8 ..... 26 (14) Mental capacity. 27 (A) No documented mental retardation, 28 learning disability, or other 29 developmental disability.............. Enter 0 30 (B) Documented mental retardation, 31 learning disability, or other 32 developmental disability.............. Enter 6 ..... 33 (15) History of and/or current substance 34 abuse (alcohol or drugs). -13- LRB9213167RCcd 1 (A) No evidence of problems related 2 to substance abuse.................... Enter 0 3 (B) Evidence of a pattern of substance 4 abuse indicates a counseling/monitoring 5 and/or referral need required......... Enter 4 ..... 6 (16) Evidence of serious substance 7 abuse problems - intensive casework 8 services.............................. Enter 7 ..... 9 (17) Academic and/or vocational. 10 (A) Inmate likely to have stable 11 employment and/or academic- 12 vocational training, no apparent 13 casework service need or inmate 14 and dependents supported by other 15 legitimate means (Social Security, 16 Public Aid, etc.)................ Enter 0 17 (B) It is likely that vocational 18 advancement and/or training referral 19 assistance needs apparent and 20 desired by inmate; brokerage 21 services likely to be indicated 22 and/or utilized.................. Enter 3 23 (C) Inmate is likely to be resistant 24 to vocational-academic case work 25 services and/or to rely upon 26 inappropriate or illegal means of 27 support.......................... Enter 7 ..... 28 (18) Counselor's impression of inmate needs. 29 (A) Low casework service needs....... Enter 1 30 (B) Medium casework service needs.... Enter 4 31 (C) High casework service needs...... Enter 7 ..... 32 The Board shall not parole a person eligible for33 parole if it determines that:34 (1) there is a substantial risk that he will not-14- LRB9213167RCcd 1 conform to reasonable conditions of parole; or2 (2) his release at that time would deprecate the3 seriousness of his offense or promote disrespect for the4 law; or5 (3) his release would have a substantially adverse6 effect on institutional discipline.7 (d) A person committed under the Juvenile Court Act or 8 the Juvenile Court Act of 1987 who has not been sooner 9 released shall be paroled on or before his 20th birthday to 10 begin serving a period of parole under Section 3-3-8. 11 (e) A person who has served the maximum term of 12 imprisonment imposed at the time of sentencing less time 13 credit for good behavior shall be released on parole to serve 14 a period of parole under Section 5-8-1. 15 (f) The Board shall render its decision within 21 days a16 reasonable timeafter hearing and shall state the basis 17 therefor both in the records of the Board and in written 18 notice to the person on whose application it has acted. In 19 its decision, the Board shall set the person's time for 20 parole, or if it denies parole it shall provide for a 21 rehearing not less frequently than once every year, except22 that the Board may, after denying parole, schedule a23 rehearing no later than 3 years from the date of the parole24 denial, if the Board finds that it is not reasonable to25 expect that parole would be granted at a hearing prior to the26 scheduled rehearing date.If the Board shall parole a person, 27 and, if he is not released within 90 days from the effective 28 date of the order granting parole, the matter shall be 29 returned to the Board for review. 30 (g) The Board shall maintain a registry of decisions in 31 which parole has been granted, which shall include the name 32 and case number of the prisoner, the highest charge for which 33 the prisoner was sentenced, the length of sentence imposed, 34 the date of the sentence, the date of the parole, the basis -15- LRB9213167RCcd 1 for the decision of the Board to grant parole and the vote of 2 the Board on any such decisions. The registry shall be made 3 available for public inspection and copying during business 4 hours and shall be a public record pursuant to the provisions 5 of the Freedom of Information Act. 6 (h) The Board shall promulgate rules regarding the 7 exercise of its discretion under this Section. 8 (Source: P.A. 91-798, eff. 7-9-00; 91-946, eff. 2-9-01.) 9 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8) 10 Sec. 3-3-8. Length of parole and mandatory supervised 11 release; discharge.) 12 (a) The length of parole for a person sentenced under 13 the law in effect prior to the effective date of this 14 amendatory Act of 1977 and the length of mandatory supervised 15 release for those sentenced under the law in effect on and 16 after such effective date shall be as set out in Section 17 5-8-1 unless sooner terminated under paragraph (b) of this 18 Section. The parole period of a juvenile committed to the 19 Department under the Juvenile Court Act or the Juvenile Court 20 Act of 1987 shall extend until he is 21 years of age unless 21 sooner terminated under paragraph (b) of this Section. 22 (b) The Prisoner Review Board may enter an order 23 releasing and discharging one from parole or mandatory 24 supervised release, and his commitment to the Department, 25 when it determines that he is likely to remain at liberty 26 without committing another offense. 27 (b-5) The Prisoner Review Board shall enter an order 28 releasing a person who is eligible for parole from 29 confinement in a correctional institution or facility, 30 regardless of the Parole Risk Assessment Instruments, if in 31 the assessment of a physician licensed to practice medicine 32 in all of its branches the person is terminally ill and would 33 not pose a threat of causing death or great bodily injury to -16- LRB9213167RCcd 1 another person if released. 2 (c) The order of discharge shall become effective upon 3 entry of the order of the Board. The Board shall notify the 4 clerk of the committing court of the order. Upon receipt of 5 such copy, the clerk shall make an entry on the record 6 judgment that the sentence or commitment has been satisfied 7 pursuant to the order. 8 (d) Rights of the person discharged under this Section 9 shall be restored under Section 5-5-5. This Section is 10 subject to Section 5-750 of the Juvenile Court Act of 1987. 11 (Source: P.A. 90-590, eff. 1-1-99.) 12 Section 99. Effective date. This Act takes effect July 13 1, 2001.
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