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Public Act 91-0946
HB4267 Enrolled LRB9105204RCprA
AN ACT to amend the Unified Code of Corrections by
changing Section 3-3-1, 3-3-2, and 3-3-5.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 3-3-1, 3-3-2, and 3-3-5 as follows:
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and Appointment of Prisoner
Review Board.
(a) There shall be a Prisoner Review Board independent
of the Department of Corrections which shall be:
(1) the paroling authority for persons sentenced
under the law in effect prior to the effective date of
this amendatory Act of 1977;
(2) the board of review for cases involving the
revocation of good conduct credits or a suspension or
reduction in the rate of accumulating such credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(4) the authority for establishing release dates
for certain prisoners sentenced under the law in
existence prior to the effective date of this amendatory
Act of 1977, in accordance with Section 3-3-2.1 of this
Code;
(5) the authority for setting conditions for parole
and mandatory supervised release under Section 5-8-1(a)
of this Code, and determining whether a violation of
those conditions warrant revocation of parole or
mandatory supervised release or the imposition of other
sanctions.
(b) The Board shall consist of 15 persons appointed by
the Governor by and with the advice and consent of the
Senate. One member of the Board shall be designated by the
Governor to be Chairman and shall serve as Chairman at the
pleasure of the Governor. The members of the Board shall have
had at least 5 years of actual experience in the fields of
penology, corrections work, law enforcement, sociology, law,
education, social work, medicine, psychology, other
behavioral sciences, or a combination thereof. At least 6 7
members so appointed must have had at least 3 years
experience in the field of juvenile matters. No more than 8
Board members may be members of the same political party.
Each member of the Board shall serve on a full time basis and
shall not hold any other salaried public office, whether
elective or appointive. The Chairman of the Board shall
receive $35,000 a year, or an amount set by the Compensation
Review Board, whichever is greater, and each other member
$30,000, or an amount set by the Compensation Review Board,
whichever is greater.
(c) The terms of the present members of the Prisoner
Review Board shall expire on the effective date of this
amendatory Act of 1985, but the incumbent members shall
continue to exercise all of the powers and be subject to all
the duties of members of the Board until their respective
successors are appointed and qualified. The Governor shall
appoint 3 members to the Prisoner Review Board whose terms
shall expire on the third Monday in January 1987, 4 members
whose terms shall expire on the third Monday in January 1989,
and 3 members whose terms shall expire on the third Monday in
January 1991. The term of one of the members created by this
amendatory Act of 1986 shall expire on the third Monday in
January 1989 and the term of the other shall expire on the
third Monday in January 1991. The initial terms of the 3
additional members appointed pursuant to this amendatory Act
of the 91st General Assembly shall expire on the third Monday
in January 2006. Their respective successors shall be
appointed for terms of 6 years from the third Monday in
January of the year of appointment. Each member shall serve
until his successor is appointed and qualified. Any member
may be removed by the Governor for incompetence, neglect of
duty, malfeasance or inability to serve.
(d) The Chairman of the Board shall be its chief
executive and administrative officer.
(Source: P.A. 91-798, eff. 7-9-00.)
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and Duties.
(a) The Parole and Pardon Board is abolished and the
term "Parole and Pardon Board" as used in any law of
Illinois, shall read "Prisoner Review Board." After the
effective date of this amendatory Act of 1977, the Prisoner
Review Board shall provide by rule for the orderly transition
of all files, records, and documents of the Parole and Pardon
Board and for such other steps as may be necessary to effect
an orderly transition and shall:
(1) hear by at least one member and through a panel
of at least 3 5 members decide, cases of prisoners who
were sentenced under the law in effect prior to the
effective date of this amendatory Act of 1977, and who
are eligible for parole;
(2) hear by at least one member and through a panel
of at least 3 5 members decide, the conditions of parole
and the time of discharge from parole, impose sanctions
for violations of parole, and revoke parole for those
sentenced under the law in effect prior to this
amendatory Act of 1977; provided that the decision to
parole and the conditions of parole for all prisoners who
were sentenced for first degree murder or who received a
minimum sentence of 20 years or more under the law in
effect prior to February 1, 1978 shall be determined by a
majority vote of the Prisoner Review Board;
(3) hear by at least one member and through a panel
of at least 3 5 members decide, the conditions of
mandatory supervised release and the time of discharge
from mandatory supervised release, impose sanctions for
violations of mandatory supervised release, and revoke
mandatory supervised release for those sentenced under
the law in effect after the effective date of this
amendatory Act of 1977;
(4) hear by at least 1 member and through a panel
of at least 3 5 members, decide cases brought by the
Department of Corrections against a prisoner in the
custody of the Department for alleged violation of
Department rules with respect to good conduct credits
pursuant to Section 3-6-3 of this Code in which the
Department seeks to revoke good conduct credits, if the
amount of time at issue exceeds 30 days or when, during
any 12 month period, the cumulative amount of credit
revoked exceeds 30 days except where the infraction is
committed or discovered within 60 days of scheduled
release. In such cases, the Department of Corrections may
revoke up to 30 days of good conduct credit. The Board
may subsequently approve the revocation of additional
good conduct credit, if the Department seeks to revoke
good conduct credit in excess of thirty days. However,
the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days
of good conduct credit for any prisoner or to increase
any penalty beyond the length requested by the
Department;
(5) hear by at least one member and through a panel
of at least 3 5 members decide, the release dates for
certain prisoners sentenced under the law in existence
prior to the effective date of this amendatory Act of
1977, in accordance with Section 3-3-2.1 of this Code;
(6) hear by at least one member and through a panel
of at least 3 5 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor;
(7) comply with the requirements of the Open Parole
Hearings Act; and
(8) hear by at least one member and, through a
panel of at least 3 5 members, decide cases brought by
the Department of Corrections against a prisoner in the
custody of the Department for court dismissal of a
frivolous lawsuit pursuant to Section 3-6-3(d) of this
Code in which the Department seeks to revoke up to 180
days of good conduct credit, and if the prisoner has not
accumulated 180 days of good conduct credit at the time
of the dismissal, then all good conduct credit
accumulated by the prisoner shall be revoked.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and
the Department of Central Management Services, shall
implement a pilot project in 3 correctional institutions
providing for the conduct of hearings under paragraphs (1)
and (4) of subsection (a) of this Section through interactive
video conferences. The project shall be implemented within 6
months after the effective date of this amendatory Act of
1996. Within 6 months after the implementation of the pilot
project, the Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and
the Department of Central Management Services, shall report
to the Governor and the General Assembly regarding the use,
costs, effectiveness, and future viability of interactive
video conferences for Prisoner Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore good conduct credit previously revoked.
(c) The Board shall cooperate with the Department in
promoting an effective system of parole and mandatory
supervised release.
(d) The Board shall promulgate rules for the conduct of
its work, and the Chairman shall file a copy of such rules
and any amendments thereto with the Director and with the
Secretary of State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his parole or mandatory supervised release may
require by subpoena the attendance and testimony of witnesses
and the production of documentary evidence relating to any
matter under investigation or hearing. The Chairman of the
Board may sign subpoenas which shall be served by any agent
or public official authorized by the Chairman of the Board,
or by any person lawfully authorized to serve a subpoena
under the laws of the State of Illinois. The attendance of
witnesses, and the production of documentary evidence, may be
required from any place in the State to a hearing location in
the State before the Chairman of the Board or his designated
agent or agents or any duly constituted Committee or
Subcommittee of the Board. Witnesses so summoned shall be
paid the same fees and mileage that are paid witnesses in the
circuit courts of the State, and witnesses whose depositions
are taken and the persons taking those depositions are each
entitled to the same fees as are paid for like services in
actions in the circuit courts of the State. Fees and mileage
shall be vouchered for payment when the witness is discharged
from further attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order
requiring the attendance and testimony of witnesses or the
production of documentary evidence or both. A copy of such
petition shall be served by personal service or by registered
or certified mail upon the person who has failed to obey the
subpoena, and such person shall be advised in writing that a
hearing upon the petition will be requested in a court room
to be designated in such notice before the judge hearing
motions or extraordinary remedies at a specified time, on a
specified date, not less than 10 nor more than 15 days after
the deposit of the copy of the written notice and petition in
the U.S. mails addressed to the person at his last known
address or after the personal service of the copy of the
notice and petition upon such person. The court upon the
filing of such a petition, may order the person refusing to
obey the subpoena to appear at an investigation or hearing,
or to there produce documentary evidence, if so ordered, or
to give evidence relative to the subject matter of that
investigation or hearing. Any failure to obey such order of
the circuit court may be punished by that court as a contempt
of court.
Each member of the Board and any hearing officer
designated by the Board shall have the power to administer
oaths and to take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a
majority of the members then appointed to the Prisoner Review
Board shall constitute a quorum for the transaction of all
business of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00.)
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
Sec. 3-3-5. Hearing and Determination.
(a) The Prisoner Review Board shall meet as often as
need requires to consider the cases of persons eligible for
parole. Except as otherwise provided in paragraph (2) of
subsection (a) of Section 3-3-2 of this Act, the Prisoner
Review Board may meet and order its actions in panels of 3 5
or more members. The action of a majority of the panel shall
be the action of the Board. In consideration of persons
committed to the Juvenile Division, the panel shall have at
least a majority of members experienced in juvenile matters.
(b) If the person under consideration for parole is in
the custody of the Department, at least one member of the
Board shall interview him, and a report of that interview
shall be available for the Board's consideration. However,
in the discretion of the Board, the interview need not be
conducted if a psychiatric examination determines that the
person could not meaningfully contribute to the Board's
consideration. The Board may in its discretion parole a
person who is then outside the jurisdiction on his record
without an interview. The Board need not hold a hearing or
interview a person who is paroled under paragraphs (d) or (e)
of this Section or released on Mandatory release under
Section 3-3-10.
(c) The Board shall not parole a person eligible for
parole if it determines that:
(1) there is a substantial risk that he will not
conform to reasonable conditions of parole; or
(2) his release at that time would deprecate the
seriousness of his offense or promote disrespect for the
law; or
(3) his release would have a substantially adverse
effect on institutional discipline.
(d) A person committed under the Juvenile Court Act or
the Juvenile Court Act of 1987 who has not been sooner
released shall be paroled on or before his 20th birthday to
begin serving a period of parole under Section 3-3-8.
(e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time
credit for good behavior shall be released on parole to serve
a period of parole under Section 5-8-1.
(f) The Board shall render its decision within a
reasonable time after hearing and shall state the basis
therefor both in the records of the Board and in written
notice to the person on whose application it has acted. In
its decision, the Board shall set the person's time for
parole, or if it denies parole it shall provide for a
rehearing not less frequently than once every year, except
that the Board may, after denying parole, schedule a
rehearing no later than 3 years from the date of the parole
denial, if the Board finds that it is not reasonable to
expect that parole would be granted at a hearing prior to the
scheduled rehearing date. If the Board shall parole a person,
and, if he is not released within 90 days from the effective
date of the order granting parole, the matter shall be
returned to the Board for review.
(g) The Board shall maintain a registry of decisions in
which parole has been granted, which shall include the name
and case number of the prisoner, the highest charge for which
the prisoner was sentenced, the length of sentence imposed,
the date of the sentence, the date of the parole, the basis
for the decision of the Board to grant parole and the vote of
the Board on any such decisions. The registry shall be made
available for public inspection and copying during business
hours and shall be a public record pursuant to the provisions
of the Freedom of Information Act.
(h) The Board shall promulgate rules regarding the
exercise of its discretion under this Section.
(Source: P.A. 91-798, eff. 7-9-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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