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Full Text of HB0803  102nd General Assembly

HB0803 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0803

 

Introduced 2/10/2021, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
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

    Amends the Unified Code of Corrections. Provides 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 members of the Prisoner Review Board present and voting at the hearing in which the determination is made (rather than a majority vote of the Prisoner Review Board). Provides that within 15 days after the parole interview, the State's Attorney shall provide the attorney for the person eligible for parole with a copy of his or her letter in opposition to parole via certified mail. Provides that each party may respond to the other's written submissions made at the parole hearing within 5 business days of the en banc hearing. Provides that the Prisoner Review Board may, after denying parole, schedule a rehearing no later than 2 (rather than 5) 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.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-2, 3-3-4, and 3-3-5 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
10read "Prisoner Review Board." After February 1, 1978 (the
11effective date of Public Act 81-1099) this amendatory Act of
121977, the Prisoner Review Board shall provide by rule for the
13orderly transition of all files, records, and documents of the
14Parole and Pardon Board and for such other steps as may be
15necessary to effect an orderly transition and 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 February 1,
19    1978 (the effective date of Public Act 81-1099) this
20    amendatory Act of 1977, and who are eligible 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
23    the time of discharge from parole, impose sanctions for

 

 

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1    violations of parole, and revoke parole for those
2    sentenced under the law in effect prior to February 1,
3    1978 (the effective date of Public Act 81-1099) this
4    amendatory Act of 1977; provided that the decision to
5    parole and the conditions of parole for all prisoners who
6    were sentenced for first degree murder or who received a
7    minimum sentence of 20 years or more under the law in
8    effect prior to February 1, 1978 shall be determined by a
9    majority vote of the members of the Prisoner Review Board
10    present and voting at the hearing in which the
11    determination is made. One representative supporting
12    parole and one representative opposing parole will be
13    allowed to speak. Their comments shall be limited to
14    making corrections and filling in omissions to the Board's
15    presentation and discussion;
16        (3) hear by at least one member and through a panel of
17    at least 3 members decide, the conditions of mandatory
18    supervised release and the time of discharge from
19    mandatory supervised release, impose sanctions for
20    violations of mandatory supervised release, and revoke
21    mandatory supervised release for those sentenced under the
22    law in effect after February 1, 1978 (the effective date
23    of Public Act 81-1099) this amendatory Act of 1977;
24        (3.5) hear by at least one member and through a panel
25    of at least 3 members decide, the conditions of mandatory
26    supervised release and the time of discharge from

 

 

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1    mandatory supervised release, to impose sanctions for
2    violations of mandatory supervised release and revoke
3    mandatory supervised release for those serving extended
4    supervised release terms pursuant to paragraph (4) of
5    subsection (d) of Section 5-8-1;
6        (3.6) hear by at least one member and through a panel
7    of at least 3 members decide whether to revoke aftercare
8    release for those committed to the Department of Juvenile
9    Justice under the Juvenile Court Act of 1987;
10        (4) hear by at least one member and through a panel of
11    at least 3 members, decide cases brought by the Department
12    of Corrections against a prisoner in the custody of the
13    Department for alleged violation of Department rules with
14    respect to sentence credits under Section 3-6-3 of this
15    Code in which the Department seeks to revoke sentence
16    credits, if the amount of time at issue exceeds 30 days or
17    when, during any 12-month 12 month period, the cumulative
18    amount of credit revoked exceeds 30 days except where the
19    infraction is committed or discovered within 60 days of
20    scheduled release. In such cases, the Department of
21    Corrections may revoke up to 30 days of sentence credit.
22    The Board may subsequently approve the revocation of
23    additional sentence credit, if the Department seeks to
24    revoke sentence credit in excess of 30 thirty days.
25    However, the Board shall not be empowered to review the
26    Department's decision with respect to the loss of 30 days

 

 

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1    of sentence credit for any prisoner or to increase any
2    penalty beyond the length requested by the Department;
3        (5) hear by at least one member and through a panel of
4    at least 3 members decide, the release dates for certain
5    prisoners sentenced under the law in existence prior to
6    February 1, 1978 (the effective date of Public Act
7    81-1099) this amendatory Act of 1977, in accordance with
8    Section 3-3-2.1 of this Code;
9        (6) hear by at least one member and through a panel of
10    at least 3 members decide, all requests for pardon,
11    reprieve or commutation, and make confidential
12    recommendations to the Governor;
13        (6.5) hear by at least one member who is qualified in
14    the field of juvenile matters and through a panel of at
15    least 3 members, 2 of whom are qualified in the field of
16    juvenile matters, decide parole review cases in accordance
17    with Section 5-4.5-115 of this Code and make release
18    determinations of persons under the age of 21 at the time
19    of the commission of an offense or offenses, other than
20    those persons serving sentences for first degree murder or
21    aggravated criminal sexual assault;
22        (6.6) hear by at least a quorum of the Prisoner Review
23    Board and decide by a majority of members present at the
24    hearing, in accordance with Section 5-4.5-115 of this
25    Code, release determinations of persons under the age of
26    21 at the time of the commission of an offense or offenses

 

 

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1    of those persons serving sentences for first degree murder
2    or aggravated criminal sexual assault;
3        (7) comply with the requirements of the Open Parole
4    Hearings Act;
5        (8) hear by at least one member and, through a panel of
6    at least 3 members, decide cases brought by the Department
7    of Corrections against a prisoner in the custody of the
8    Department for court dismissal of a frivolous lawsuit
9    pursuant to Section 3-6-3(d) of this Code in which the
10    Department seeks to revoke up to 180 days of sentence
11    credit, and if the prisoner has not accumulated 180 days
12    of sentence credit at the time of the dismissal, then all
13    sentence credit accumulated by the prisoner shall be
14    revoked;
15        (9) hear by at least 3 members, and, through a panel of
16    at least 3 members, decide whether to grant certificates
17    of relief from disabilities or certificates of good
18    conduct as provided in Article 5.5 of Chapter V;
19        (10) upon a petition by a person who has been
20    convicted of a Class 3 or Class 4 felony and who meets the
21    requirements of this paragraph, hear by at least 3 members
22    and, with the unanimous vote of a panel of 3 members, issue
23    a certificate of eligibility for sealing recommending that
24    the court order the sealing of all official records of the
25    arresting authority, the circuit court clerk, and the
26    Department of State Police concerning the arrest and

 

 

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1    conviction for the Class 3 or 4 felony. A person may not
2    apply to the Board for a certificate of eligibility for
3    sealing:
4            (A) until 5 years have elapsed since the
5        expiration of his or her sentence;
6            (B) until 5 years have elapsed since any arrests
7        or detentions by a law enforcement officer for an
8        alleged violation of law, other than a petty offense,
9        traffic offense, conservation offense, or local
10        ordinance offense;
11            (C) if convicted of a violation of the Cannabis
12        Control Act, Illinois Controlled Substances Act, the
13        Methamphetamine Control and Community Protection Act,
14        the Methamphetamine Precursor Control Act, or the
15        Methamphetamine Precursor Tracking Act unless the
16        petitioner has completed a drug abuse program for the
17        offense on which sealing is sought and provides proof
18        that he or she has completed the program successfully;
19            (D) if convicted of:
20                (i) a sex offense described in Article 11 or
21            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
22            the Criminal Code of 1961 or the Criminal Code of
23            2012;
24                (ii) aggravated assault;
25                (iii) aggravated battery;
26                (iv) domestic battery;

 

 

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1                (v) aggravated domestic battery;
2                (vi) violation of an order of protection;
3                (vii) an offense under the Criminal Code of
4            1961 or the Criminal Code of 2012 involving a
5            firearm;
6                (viii) driving while under the influence of
7            alcohol, other drug or drugs, intoxicating
8            compound or compounds, or any combination thereof;
9                (ix) aggravated driving while under the
10            influence of alcohol, other drug or drugs,
11            intoxicating compound or compounds, or any
12            combination thereof; or
13                (x) any crime defined as a crime of violence
14            under Section 2 of the Crime Victims Compensation
15            Act.
16        If a person has applied to the Board for a certificate
17    of eligibility for sealing and the Board denies the
18    certificate, the person must wait at least 4 years before
19    filing again or filing for pardon from the Governor unless
20    the Chairman of the Prisoner Review Board grants a waiver.
21        The decision to issue or refrain from issuing a
22    certificate of eligibility for sealing shall be at the
23    Board's sole discretion, and shall not give rise to any
24    cause of action against either the Board or its members.
25        The Board may only authorize the sealing of Class 3
26    and 4 felony convictions of the petitioner from one

 

 

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1    information or indictment under this paragraph (10). A
2    petitioner may only receive one certificate of eligibility
3    for sealing under this provision for life; and
4        (11) upon a petition by a person who after having been
5    convicted of a Class 3 or Class 4 felony thereafter served
6    in the United States Armed Forces or National Guard of
7    this or any other state and had received an honorable
8    discharge from the United States Armed Forces or National
9    Guard or who at the time of filing the petition is enlisted
10    in the United States Armed Forces or National Guard of
11    this or any other state and served one tour of duty and who
12    meets the requirements of this paragraph, hear by at least
13    3 members and, with the unanimous vote of a panel of 3
14    members, issue a certificate of eligibility for
15    expungement recommending that the court order the
16    expungement of all official records of the arresting
17    authority, the circuit court clerk, and the Department of
18    State Police concerning the arrest and conviction for the
19    Class 3 or 4 felony. A person may not apply to the Board
20    for a certificate of eligibility for expungement:
21            (A) if convicted of:
22                (i) a sex offense described in Article 11 or
23            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
24            the Criminal Code of 1961 or Criminal Code of
25            2012;
26                (ii) an offense under the Criminal Code of

 

 

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1            1961 or Criminal Code of 2012 involving a firearm;
2            or
3                (iii) a crime of violence as defined in
4            Section 2 of the Crime Victims Compensation Act;
5            or
6            (B) if the person has not served in the United
7        States Armed Forces or National Guard of this or any
8        other state or has not received an honorable discharge
9        from the United States Armed Forces or National Guard
10        of this or any other state or who at the time of the
11        filing of the petition is serving in the United States
12        Armed Forces or National Guard of this or any other
13        state and has not completed one tour of duty.
14        If a person has applied to the Board for a certificate
15    of eligibility for expungement and the Board denies the
16    certificate, the person must wait at least 4 years before
17    filing again or filing for a pardon with authorization for
18    expungement from the Governor unless the Governor or
19    Chairman of the Prisoner Review Board grants a waiver.
20    (a-5) The Prisoner Review Board, with the cooperation of
21and in coordination with the Department of Corrections and the
22Department of Central Management Services, shall implement a
23pilot project in 3 correctional institutions providing for the
24conduct of hearings under paragraphs (1) and (4) of subsection
25(a) of this Section through interactive video conferences. The
26project shall be implemented within 6 months after January 1,

 

 

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11997 (the effective date of Public Act 89-490) this amendatory
2Act of 1996. Within 6 months after the implementation of the
3pilot project, the Prisoner Review Board, with the cooperation
4of and in coordination with the Department of Corrections and
5the Department of Central Management Services, shall report to
6the Governor and the General Assembly regarding the use,
7costs, effectiveness, and future viability of interactive
8video conferences for Prisoner Review Board hearings.
9    (b) Upon recommendation of the Department the Board may
10restore sentence credit previously revoked.
11    (c) The Board shall cooperate with the Department in
12promoting an effective system of parole and mandatory
13supervised release.
14    (d) The Board shall promulgate rules for the conduct of
15its work, and the Chairman shall file a copy of such rules and
16any amendments thereto with the Director and with the
17Secretary of State.
18    (e) The Board shall keep records of all of its official
19actions and shall make them accessible in accordance with law
20and the rules of the Board.
21    (f) The Board or one who has allegedly violated the
22conditions of his or her parole, aftercare release, or
23mandatory supervised release may require by subpoena the
24attendance and testimony of witnesses and the production of
25documentary evidence relating to any matter under
26investigation or hearing. The Chairman of the Board may sign

 

 

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1subpoenas which shall be served by any agent or public
2official authorized by the Chairman of the Board, or by any
3person lawfully authorized to serve a subpoena under the laws
4of the State of Illinois. The attendance of witnesses, and the
5production of documentary evidence, may be required from any
6place in the State to a hearing location in the State before
7the Chairman of the Board or his or her designated agent or
8agents or any duly constituted Committee or Subcommittee of
9the Board. Witnesses so summoned shall be paid the same fees
10and mileage that are paid witnesses in the circuit courts of
11the State, and witnesses whose depositions are taken and the
12persons taking those depositions are each entitled to the same
13fees as are paid for like services in actions in the circuit
14courts of the State. Fees and mileage shall be vouchered for
15payment when the witness is discharged from further
16attendance.
17    In case of disobedience to a subpoena, the Board may
18petition any circuit court of the State for an order requiring
19the attendance and testimony of witnesses or the production of
20documentary evidence or both. A copy of such petition shall be
21served by personal service or by registered or certified mail
22upon the person who has failed to obey the subpoena, and such
23person shall be advised in writing that a hearing upon the
24petition will be requested in a court room to be designated in
25such notice before the judge hearing motions or extraordinary
26remedies at a specified time, on a specified date, not less

 

 

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1than 10 nor more than 15 days after the deposit of the copy of
2the written notice and petition in the U.S. mail mails
3addressed to the person at his or her last known address or
4after the personal service of the copy of the notice and
5petition upon such person. The court upon the filing of such a
6petition, may order the person refusing to obey the subpoena
7to appear at an investigation or hearing, or to there produce
8documentary evidence, if so ordered, or to give evidence
9relative to the subject matter of that investigation or
10hearing. Any failure to obey such order of the circuit court
11may be punished by that court as a contempt of court.
12    Each member of the Board and any hearing officer
13designated by the Board shall have the power to administer
14oaths and to take the testimony of persons under oath.
15    (g) Except under subsection (a) of this Section, a
16majority of the members then appointed to the Prisoner Review
17Board shall constitute a quorum for the transaction of all
18business of the Board.
19    (h) The Prisoner Review Board shall annually transmit to
20the Director a detailed report of its work for the preceding
21calendar year. The annual report shall also be transmitted to
22the Governor for submission to the Legislature.
23(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20;
24revised 8-19-20.)
 
25    (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)

 

 

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1    Sec. 3-3-4. Preparation for parole hearing.
2    (a) The Prisoner Review Board shall consider the parole of
3each eligible person committed to the Department of
4Corrections at least 30 days prior to the date he or she shall
5first become eligible for parole.
6    (b) A person eligible for parole shall, no less than 15
7days in advance of his or her parole interview, prepare a
8parole plan in accordance with the rules of the Prisoner
9Review Board. The person shall be assisted in preparing his or
10her parole plan by personnel of the Department of Corrections,
11and may, for this purpose, be released on furlough under
12Article 11. The Department shall also provide assistance in
13obtaining information and records helpful to the individual
14for his or her parole hearing. If the person eligible for
15parole has a petition or any written submissions prepared on
16his or her behalf by an attorney or other representative, the
17attorney or representative for the person eligible for parole
18must serve by certified mail the State's Attorney of the
19county where he or she was prosecuted with the petition or any
20written submissions 15 days after his or her parole interview.
21Within the same time period, the The State's Attorney shall
22provide the attorney for the person eligible for parole with a
23copy of his or her letter in opposition to parole via certified
24mail. Each party may respond to the other's submission within
255 business days of the en banc hearing.
26    (c) Any member of the Board shall have access at all

 

 

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1reasonable times to any committed person and to his or her
2master record file within the Department, and the Department
3shall furnish such a report to the Board concerning the
4conduct and character of any such person prior to his or her
5parole interview.
6    (d) In making its determination of parole, the Board shall
7consider:
8        (1) (blank);
9        (2) the report under Section 3-8-2 or 3-10-2;
10        (3) a report by the Department and any report by the
11    chief administrative officer of the institution or
12    facility;
13        (4) a parole progress report;
14        (5) a medical and psychological report, if requested
15    by the Board;
16        (6) material in writing, or on film, video tape or
17    other electronic means in the form of a recording
18    submitted by the person whose parole is being considered;
19        (7) material in writing, or on film, video tape or
20    other electronic means in the form of a recording or
21    testimony submitted by the State's Attorney and the victim
22    or a concerned citizen pursuant to the Rights of Crime
23    Victims and Witnesses Act; and
24        (8) the person's eligibility for commitment under the
25    Sexually Violent Persons Commitment Act.
26    (e) The prosecuting State's Attorney's office shall

 

 

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1receive from the Board reasonable written notice not less than
230 days prior to the parole interview and may submit relevant
3information by oral argument or testimony of victims and
4concerned citizens, or both, in writing, or on film, video
5tape or other electronic means or in the form of a recording to
6the Board for its consideration. Upon written request of the
7State's Attorney's office, the Prisoner Review Board shall
8hear protests to parole, except in counties of 1,500,000 or
9more inhabitants where there shall be standing objections to
10all such petitions. If a State's Attorney who represents a
11county of less than 1,500,000 inhabitants requests a protest
12hearing, the inmate's counsel or other representative shall
13also receive notice of such request. This hearing shall take
14place the month following the inmate's parole interview. If
15the inmate's parole interview is rescheduled then the Prisoner
16Review Board shall promptly notify the State's Attorney of the
17new date. The person eligible for parole shall be heard at the
18next scheduled en banc hearing date. If the case is to be
19continued, the State's Attorney's office and the attorney or
20representative for the person eligible for parole will be
21notified of any continuance within 5 business days. The
22State's Attorney may waive the written notice.
23    (f) The victim of the violent crime for which the prisoner
24has been sentenced shall receive notice of a parole hearing as
25provided in paragraph (4) of subsection (d) of Section 4.5 of
26the Rights of Crime Victims and Witnesses Act.

 

 

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1    (g) Any recording considered under the provisions of
2subsection (d)(6), (d)(7) or (e) of this Section shall be in
3the form designated by the Board. Such recording shall be both
4visual and aural. Every voice on the recording and person
5present shall be identified and the recording shall contain
6either a visual or aural statement of the person submitting
7such recording, the date of the recording and the name of the
8person whose parole eligibility is being considered. Such
9recordings shall be retained by the Board and shall be deemed
10to be submitted at any subsequent parole hearing if the victim
11or State's Attorney submits in writing a declaration clearly
12identifying such recording as representing the present
13position of the victim or State's Attorney regarding the
14issues to be considered at the parole hearing.
15    (h) The Board shall not release any material to the
16inmate, the inmate's attorney, any third party, or any other
17person containing any information from a victim who has
18written objections, testified at any hearing, or submitted
19audio or visual objections to the inmate's parole, unless
20provided with a waiver from that victim. Victim statements
21provided to the Board shall be confidential and privileged,
22including any statements received prior to the effective date
23of this amendatory Act of the 101st General Assembly, except
24if the statement was an oral statement made by the victim at a
25hearing open to the public. The Board shall not release the
26names or addresses of any person on its victim registry to any

 

 

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1other person except the victim, a law enforcement agency, or
2other victim notification system.
3(Source: P.A. 101-288, eff. 1-1-20.)
 
4    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
5    Sec. 3-3-5. Hearing and determination.
6    (a) The Prisoner Review Board shall meet as often as need
7requires to consider the cases of persons eligible for parole.
8Except as otherwise provided in paragraph (2) of subsection
9(a) of Section 3-3-2 of this Act, the Prisoner Review Board may
10meet and order its actions in panels of 3 or more members. The
11action of a majority of the panel shall be the action of the
12Board.
13    (b) If the person under consideration for parole is in the
14custody of the Department, at least one member of the Board
15shall interview him or her, and a report of that interview
16shall be available for the Board's consideration. However, in
17the discretion of the Board, the interview need not be
18conducted if a psychiatric examination determines that the
19person could not meaningfully contribute to the Board's
20consideration. The Board may in its discretion parole a person
21who is then outside the jurisdiction on his or her record
22without an interview. The Board need not hold a hearing or
23interview a person who is paroled under paragraphs (d) or (e)
24of this Section or released on Mandatory release under Section
253-3-10.

 

 

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1    (c) The Board shall not parole a person eligible for
2parole if it determines that:
3        (1) there is a substantial risk that he or she will not
4    conform to reasonable conditions of parole or aftercare
5    release; or
6        (2) his or her release at that time would deprecate
7    the seriousness of his or her offense or promote
8    disrespect for the law; or
9        (3) his or her release would have a substantially
10    adverse effect on institutional discipline.
11    (d) (Blank).
12    (e) A person who has served the maximum term of
13imprisonment imposed at the time of sentencing less time
14credit for good behavior shall be released on parole to serve a
15period of parole under Section 5-8-1.
16    (f) The Board shall render its decision within a
17reasonable time after hearing and shall state the basis
18therefor both in the records of the Board and in written notice
19to the person on whose application it has acted. In its
20decision, the Board shall set the person's time for parole, or
21if it denies parole it shall provide for a rehearing not less
22frequently than once every year, except that the Board may,
23after denying parole, schedule a rehearing no later than 2 5
24years from the date of the parole denial, if the Board finds
25that it is not reasonable to expect that parole would be
26granted at a hearing prior to the scheduled rehearing date. If

 

 

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1the Board shall parole a person, and, if he or she is not
2released within 90 days from the effective date of the order
3granting parole, the matter shall be returned to the Board for
4review.
5    (f-1) If the Board paroles a person who is eligible for
6commitment as a sexually violent person, the effective date of
7the Board's order shall be stayed for 90 days for the purpose
8of evaluation and proceedings under the Sexually Violent
9Persons Commitment Act.
10    (g) The Board shall maintain a registry of decisions in
11which parole has been granted, which shall include the name
12and case number of the prisoner, the highest charge for which
13the prisoner was sentenced, the length of sentence imposed,
14the date of the sentence, the date of the parole, and the basis
15for the decision of the Board to grant parole and the vote of
16the Board on any such decisions. The registry shall be made
17available for public inspection and copying during business
18hours and shall be a public record pursuant to the provisions
19of the Freedom of Information Act.
20    (h) The Board shall promulgate rules regarding the
21exercise of its discretion under this Section.
22(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;
2399-628, eff. 1-1-17.)