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Synopsis As Introduced Amends the Rights of Crime Victims and Witnesses Act. Requires the Prisoner Review Board to inform a victim at least 15 days before an executive clemency hearing of the date of hearing. Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall make a written report outlining the sentence that would be in effect if a commutation is granted by a person sentenced to death. Provides that the Governor may not grant a reprieve, pardon, or commutation in the absence of a full hearing and report by the Board. Establishes factors that the Board must consider, in addition to other factors, in making its recommendations on petitions seeking executive clemency. Effective immediately.
House Committee Amendment No. 1 Deletes all. Reinserts the provision of the bill with these exceptions. Provides that the victim may waive the 15-day written notice requirement of the executive clemency hearing. Provides that in the case of an emergency where 15 days' written notice is not practicable, the 15-day written notice requirement may be waived by the Board or the Governor. Provides that if the Board or Governor waives the 15-day written notice requirement, the reason for such waiver must be clearly stated on the record at the hearing and must be included in the Board's report. Provides that the fact that the Governor's term in office or term of any member of the Board is expiring shall not be, in and of itself, cause to waive the 15-day written notice requirement. Provides that the Prisoner Review Board shall also advise the Governor by a written report of its recommendations determined by majority vote in any case in which no hearing on executive clemency is requested. Provides that the Governor may make a decision on executive clemency in the absence of a report by the Prisoner Review Board if the Governor finds that action is required due to the existence of exigent circumstances or if the Board has failed to issue a report within 120 days of the filing of the petition for executive clemency. Provides that the exigent circumstances shall be identified in the Governor's order granting clemency.
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