Full Text of HB5330 97th General Assembly
HB5330enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning sexually violent persons.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sexually Violent Persons Commitment Act is | 5 | | amended by changing Sections 55, 60, and 65 and adding Section | 6 | | 21 as follows: | 7 | | (725 ILCS 207/21 new) | 8 | | Sec. 21. Service of petitions. If a person alleged to be a | 9 | | sexually violent person is in the custody of or is being | 10 | | supervised on parole or mandatory supervised release by the | 11 | | Department of Corrections or Department of Juvenile Justice, a | 12 | | petition filed under this Act may be served on the person by | 13 | | personnel of the Department of Corrections or Department of | 14 | | Juvenile Justice. Service may be proved by affidavit of the | 15 | | person making service. The affidavit shall be returned to the | 16 | | Attorney General or State's Attorney of the county where the | 17 | | petition is pending for filing with the court.
Service provided | 18 | | for in this Section is in addition to other manners of service | 19 | | provided for in Section 20 of this Act and the Code of Civil | 20 | | Procedure. | 21 | | (725 ILCS 207/55)
| 22 | | Sec. 55. Periodic reexamination; report.
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| 1 | | (a) If a person has been committed under Section 40 of this | 2 | | Act
and has not been discharged under Section 65 of this Act, | 3 | | the
Department shall submit a written report to the court on | 4 | | his or her mental
condition within 6 months after an initial | 5 | | commitment under
Section 40 and then at least once every 12 | 6 | | months after an initial commitment under Section 40 thereafter | 7 | | for
the purpose of determining whether : (1) the person has made | 8 | | sufficient
progress in treatment to be conditionally released | 9 | | and (2) whether the person's condition has so changed since the | 10 | | most recent periodic reexamination (or initial commitment, if | 11 | | there has not yet been a periodic reexamination) that he or she | 12 | | is no longer a sexually violent person or discharged . At the | 13 | | time of
a reexamination under this Section, the person who has | 14 | | been
committed may retain or, if he or she is indigent and so | 15 | | requests,
the court may appoint a qualified expert or a | 16 | | professional person
to examine him or her.
| 17 | | (b) Any examiner conducting an examination under this | 18 | | Section
shall prepare a written report of the examination no | 19 | | later than 30
days after the date of the examination. The | 20 | | examiner shall place
a copy of the report in the person's | 21 | | health care records and shall
provide a copy of the report to | 22 | | the court that committed the
person under Section 40.
The | 23 | | examination shall be conducted in conformance with the | 24 | | standards
developed under the Sex Offender Management Board Act | 25 | | and by an evaluator
approved by the Board.
| 26 | | (c) Notwithstanding subsection (a) of this Section, the |
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| 1 | | court
that committed a person under Section 40 may order a | 2 | | reexamination
of the person at any time during the period in | 3 | | which the person is
subject to the commitment order.
Any | 4 | | examiner conducting an examination under this Section shall | 5 | | prepare a written report of the examination no later than 30 | 6 | | days after the date of the examination.
| 7 | | (d) Petitions for discharge after reexamination must | 8 | | follow the
procedure
outlined in
Section 65 of this Act.
| 9 | | (Source: P.A. 93-616, eff. 1-1-04; 93-885, eff. 8-6-04.)
| 10 | | (725 ILCS 207/60)
| 11 | | Sec. 60. Petition for conditional release.
| 12 | | (a) Any person who is committed for institutional care in a
| 13 | | secure facility or other facility under Section 40 of this Act | 14 | | may
petition the committing court to modify its order by | 15 | | authorizing
conditional release if at least 12 6 months have | 16 | | elapsed since the
initial commitment order was entered, an | 17 | | order continuing commitment was entered pursuant to Section 65, | 18 | | the most recent release
petition was denied or the most recent | 19 | | order for conditional
release was revoked. The director of the | 20 | | facility at which the
person is placed may file a petition | 21 | | under this Section on the
person's behalf at any time.
If the | 22 | | evaluator on behalf of the Department recommends that the | 23 | | committed person is appropriate for conditional release, then | 24 | | the director or designee shall, within 30 days of receipt of | 25 | | the evaluator's report, file with the committing court notice |
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| 1 | | of his or her intention whether or not to petition for | 2 | | conditional release on the committed person's behalf.
| 3 | | (b) If the person files a timely petition without counsel, | 4 | | the
court shall serve a copy of the petition on the Attorney | 5 | | General
or State's Attorney, whichever is applicable and, | 6 | | subject to
paragraph (c)(1) of Section 25 of this Act, appoint | 7 | | counsel. If the person
petitions through counsel, his or her | 8 | | attorney shall serve the
Attorney General or State's Attorney, | 9 | | whichever is applicable.
| 10 | | (c) Within 20 days after receipt of the petition, upon the | 11 | | request of the committed person or on the court's own motion, | 12 | | the court may
appoint an examiner having the specialized
| 13 | | knowledge determined by the court to be appropriate, who shall
| 14 | | examine the mental condition of the person and furnish a | 15 | | written report of
the
examination
to the court within 30 days | 16 | | after appointment. The examiners
shall have reasonable access | 17 | | to the person for purposes of
examination and to the person's | 18 | | past and present treatment records
and patient health care | 19 | | records. If any such examiner believes
that the person is | 20 | | appropriate for conditional release, the
examiner shall report | 21 | | on the type of treatment and services that
the person may need | 22 | | while in the community on conditional release. The State
has | 23 | | the right to have the person evaluated by experts chosen by the | 24 | | State.
Any examination or evaluation conducted under this | 25 | | Section shall be in
conformance with the standards developed | 26 | | under the Sex Offender
Management Board Act and conducted by an |
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| 1 | | evaluator approved by the Board.
The
court shall set a probable | 2 | | cause hearing as soon as practical after the
examiners' reports | 3 | | are filed. The probable cause hearing shall consist of a review | 4 | | of the examining evaluators' reports and arguments on behalf of | 5 | | the parties. If the court finds probable cause to believe the | 6 | | person has made sufficient progress in treatment to the point | 7 | | where he or she is no longer substantially probable to engage | 8 | | in acts of sexual violence if on conditional release If the | 9 | | court determines at the probable cause
hearing that cause | 10 | | exists to believe that it is not substantially probable that
| 11 | | the person will engage in acts of sexual violence if on release | 12 | | or conditional
release , the court shall set a hearing on the | 13 | | issue.
| 14 | | (d) The court, without a jury, shall hear the petition as | 15 | | soon as practical after the reports of all examiners are filed
| 16 | | with the court. The
court shall grant the petition unless the | 17 | | State proves by clear
and convincing evidence that the person | 18 | | has not made sufficient progress in treatment to the point | 19 | | where he or she is no longer substantially probable to engage | 20 | | in acts of sexual violence if on conditional release to
be | 21 | | conditionally released . In making a decision under
this | 22 | | subsection, the court must consider the nature and
| 23 | | circumstances of the behavior that was the basis of the | 24 | | allegation
in the petition under paragraph (b)(1) of Section 15 | 25 | | of this Act, the person's
mental history and present mental | 26 | | condition, and what
arrangements are available to ensure that |
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| 1 | | the person has access to
and will participate in necessary | 2 | | treatment.
| 3 | | (e) Before the court may enter an order directing | 4 | | conditional release to
a less restrictive alternative it must | 5 | | find the following: (1) the person will
be treated by a | 6 | | Department approved treatment provider, (2) the treatment
| 7 | | provider has presented a specific course of treatment and has | 8 | | agreed to assume
responsibility for the treatment and will | 9 | | report progress to the Department on
a regular basis, and will | 10 | | report violations immediately to the Department,
consistent | 11 | | with treatment and supervision needs of the respondent, (3) | 12 | | housing
exists that is sufficiently secure to protect the | 13 | | community, and the person or
agency providing housing to the | 14 | | conditionally released person has agreed in
writing to accept | 15 | | the person, to provide the level of security required by the
| 16 | | court, and
immediately to report to the Department if the | 17 | | person leaves the housing to
which he or she has been assigned | 18 | | without authorization, (4) the person is
willing to or has | 19 | | agreed to comply with the treatment provider, the Department,
| 20 | | and
the court, and (5) the person has agreed or is willing to | 21 | | agree to comply
with the behavioral monitoring requirements | 22 | | imposed by the court and the
Department.
| 23 | | (f) If the court finds that the person is appropriate for
| 24 | | conditional release, the court shall notify the Department. The
| 25 | | Department shall prepare a plan that identifies the treatment | 26 | | and
services, if any, that the person will receive in the |
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| 1 | | community.
The plan shall address the person's need, if any, | 2 | | for supervision,
counseling, medication, community support | 3 | | services, residential
services, vocational services, and | 4 | | alcohol or other drug abuse
treatment. The Department may | 5 | | contract with a county health
department, with another public | 6 | | agency or with a private agency to
provide the treatment and | 7 | | services identified in the plan. The
plan shall specify who | 8 | | will be responsible for providing the
treatment and services | 9 | | identified in the plan. The plan shall be
presented to the | 10 | | court for its approval within 60 days after the
court finding | 11 | | that the person is appropriate for conditional
release, unless | 12 | | the Department and the person to be released
request additional | 13 | | time to develop the plan.
| 14 | | (g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6) | 15 | | of Section 40 of this Act
apply to an
order for conditional | 16 | | release issued under this Section.
| 17 | | (Source: P.A. 96-1128, eff. 1-1-11.)
| 18 | | (725 ILCS 207/65)
| 19 | | Sec. 65. Petition for discharge; procedure.
| 20 | | (a)(1) If the Secretary determines at any time that a | 21 | | person
committed under this Act is no longer a sexually violent | 22 | | person,
the Secretary shall authorize the person to petition | 23 | | the
committing court for discharge. If the evaluator on behalf | 24 | | of the Department recommends that the committed person is no | 25 | | longer a sexually violent person, then the Secretary or |
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| 1 | | designee shall, within 30 days of receipt of the evaluator's | 2 | | report, file with the committing court notice of his or her | 3 | | determination whether or not to authorize the committed person | 4 | | to petition the committing court for discharge. The person | 5 | | shall file the
petition with the court and serve a copy upon | 6 | | the Attorney General
or the State's Attorney's office that | 7 | | filed the petition under
subsection (a) of Section 15 of this | 8 | | Act, whichever is applicable. The court,
upon receipt of the | 9 | | petition for discharge, shall order a hearing
to be held as | 10 | | soon as practical after the date of receipt of the
petition.
| 11 | | (2) At a hearing under this subsection, the Attorney | 12 | | General
or State's Attorney, whichever filed the original | 13 | | petition, shall
represent the State . The State has the right to | 14 | | have the person evaluated by experts chosen by the State and | 15 | | shall have the right to have the
petitioner examined by an | 16 | | expert or professional person of his or
her choice . The | 17 | | examination shall be conducted in conformance with the
| 18 | | standards developed under the Sex Offender Management Board Act | 19 | | and by an
evaluator approved by the Board. The
committed person | 20 | | or the State may elect to have the hearing
before a jury.
The | 21 | | State has the burden of proving by clear and convincing
| 22 | | evidence that the petitioner is still a sexually violent | 23 | | person.
| 24 | | (3) If the court or jury is satisfied that the State has | 25 | | not met its
burden of proof under paragraph (a)(2) of this | 26 | | Section, the
petitioner shall be discharged from the custody or |
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| 1 | | supervision of
the Department. If the court is satisfied that | 2 | | the State has met
its burden of proof under paragraph (a)(2), | 3 | | the court may proceed
under Section 40 of this Act to determine | 4 | | whether to modify the
petitioner's existing commitment order.
| 5 | | (b)(1) A person may petition the committing court for | 6 | | discharge
from custody or supervision without the Secretary's | 7 | | approval. At
the time of an examination under subsection (a) of | 8 | | Section 55 of this Act, the
Secretary shall provide the | 9 | | committed person with a written notice
of the person's right to | 10 | | petition the court for discharge over the
Secretary's | 11 | | objection. The notice shall contain a waiver of
rights. The | 12 | | Secretary shall forward the notice and waiver form to
the court | 13 | | with the report of the Department's examination under
Section | 14 | | 55 of this Act. If the person does not affirmatively
waive the | 15 | | right to petition, the court shall set a probable cause
hearing | 16 | | to determine whether facts exist to believe that since the most | 17 | | recent periodic reexamination (or initial commitment, if there | 18 | | has not yet been a periodic reexamination), the condition of | 19 | | the committed person has so changed that he or she is no longer | 20 | | a sexually violent person. However, if a person has previously | 21 | | filed a petition for discharge without the Secretary's approval | 22 | | and the court determined, either upon review of the petition or | 23 | | following a hearing, that the person's petition was frivolous | 24 | | or that the person was still a sexually violent person, then | 25 | | the court shall deny any subsequent petition under this Section | 26 | | without a hearing unless the petition contains facts upon which |
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| 1 | | a court could reasonably find that the condition of the person | 2 | | had so changed that a hearing was warranted that warrant a | 3 | | hearing on
whether the person is still a sexually violent | 4 | | person .
If a
person does not file a petition for discharge, yet | 5 | | fails to waive the right to
petition under
this Section, then | 6 | | the probable cause hearing consists only of a review of
the
| 7 | | reexamination reports and arguments on behalf of the parties.
| 8 | | The
committed person has a right to have an attorney represent | 9 | | him or
her at the probable cause hearing, but the person is not | 10 | | entitled
to be present at the probable cause hearing.
The
| 11 | | probable cause hearing under this Section must be held as soon | 12 | | as practical after the
filing of the
reexamination report under | 13 | | Section 55 of this Act.
| 14 | | (2) If the court determines at the probable cause hearing
| 15 | | under paragraph (b)(1) of this Section that probable cause | 16 | | exists
to believe that since the most recent periodic | 17 | | reexamination (or initial commitment, if there has not yet been | 18 | | a periodic reexamination), the condition of the committed | 19 | | person has so changed that he or she is no longer a sexually
| 20 | | violent person, then the court shall set a hearing on the | 21 | | issue.
At a hearing under this Section, the committed person is | 22 | | entitled
to be present and to the benefit of the protections | 23 | | afforded to
the person under Section 25 of this Act.
The
| 24 | | committed person or the State may elect to have a hearing under | 25 | | this Section
before a
jury. A verdict of a jury under this | 26 | | Section is not valid unless it is
unanimous.
The Attorney |
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| 1 | | General or
State's Attorney, whichever filed the original | 2 | | petition, shall
represent the State at a hearing under this | 3 | | Section. The State has the right
to have the committed person | 4 | | evaluated by experts chosen by the
State.
The examination shall | 5 | | be conducted in conformance with the standards
developed under | 6 | | the Sex Offender Management Board Act and by an evaluator
| 7 | | approved by the Board. At the hearing, the State has the burden | 8 | | of proving by
clear and convincing evidence that the committed | 9 | | person is still a
sexually violent person.
| 10 | | (3) If the court or jury is satisfied that the State has | 11 | | not met its
burden of proof under paragraph (b)(2) of this | 12 | | Section, the
person shall be discharged from the custody or | 13 | | supervision of the
Department. If the court or jury is | 14 | | satisfied that the State has met its
burden of proof under | 15 | | paragraph (b)(2) of this Section, the court
may proceed under | 16 | | Section 40 of this Act to determine whether to
modify the | 17 | | person's existing commitment order.
| 18 | | (c) This Section applies to petitions pending on the | 19 | | effective date of this amendatory Act of the 97th General | 20 | | Assembly and to petitions filed on or after that date. This | 21 | | provision is severable from the other provisions of this | 22 | | Section under Section 1.31 of the Statute on Statutes. | 23 | | (Source: P.A. 96-1128, eff. 1-1-11.)
| 24 | | (725 ILCS 207/70 rep.)
| 25 | | Section 10. The Sexually Violent Persons Commitment Act is |
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| 1 | | amended by repealing Section 70. | 2 | | Section 15. The Unified Code of Corrections is amended by | 3 | | changing Sections 3-3-4 and 3-3-5 as follows:
| 4 | | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 5 | | Sec. 3-3-4. Preparation for Parole Hearing.
| 6 | | (a) The Prisoner Review Board shall consider the parole
of | 7 | | each eligible person committed to the Adult Division at
least | 8 | | 30 days prior to the date he shall first become
eligible for | 9 | | parole, and shall consider the parole of each
person committed | 10 | | to the Department of Juvenile Justice as a delinquent
at least | 11 | | 30 days prior to the expiration of the first year
of | 12 | | confinement.
| 13 | | (b) A person eligible for parole shall, no less than 15 | 14 | | days in advance of
his parole interview, prepare a parole plan | 15 | | in accordance
with the rules of the Prisoner Review Board. The | 16 | | person
shall be assisted in preparing his parole plan by | 17 | | personnel
of the Department of Corrections, or the Department | 18 | | of Juvenile Justice in the case of a person committed to that | 19 | | Department, and may, for this purpose, be released
on furlough | 20 | | under Article 11 or on authorized absence under
Section 3-9-4. | 21 | | The appropriate Department shall also provide
assistance in | 22 | | obtaining information and records helpful to
the individual for | 23 | | his parole hearing. If the person eligible for parole has a | 24 | | petition or any written submissions prepared on his or her |
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| 1 | | behalf by an attorney or other representative, the attorney or | 2 | | representative for the person eligible for parole must serve by | 3 | | certified mail the State's Attorney of the county where he or | 4 | | she was prosecuted with the petition or any written submissions | 5 | | 15 days after his or her parole interview. The State's Attorney | 6 | | shall provide the attorney for the person eligible for parole | 7 | | with a copy of his or her letter in opposition to parole via | 8 | | certified mail within 5 business days of the en banc hearing.
| 9 | | (c) Any member of the Board shall have access at all
| 10 | | reasonable times to any committed person and to his master
| 11 | | record file within the Department, and the Department shall
| 12 | | furnish such a report to the Board
concerning the conduct and | 13 | | character of any such person prior to his or her parole | 14 | | interview.
| 15 | | (d) In making its determination of parole, the Board
shall | 16 | | consider:
| 17 | | (1) material transmitted to the Department of Juvenile | 18 | | Justice by the
clerk of the committing court under Section | 19 | | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | 20 | | 5-750 of the Juvenile
Court Act of 1987;
| 21 | | (2) the report under Section 3-8-2 or 3-10-2;
| 22 | | (3) a report by the Department and any report by the
| 23 | | chief administrative officer of the institution or | 24 | | facility;
| 25 | | (4) a parole progress report;
| 26 | | (5) a medical and psychological report, if requested
by |
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| 1 | | the Board;
| 2 | | (6) material in writing, or on film, video tape or | 3 | | other electronic
means in the form of a recording submitted | 4 | | by the person whose parole
is being considered; and
| 5 | | (7) material in writing, or on film, video tape or | 6 | | other electronic
means in the form of a recording or | 7 | | testimony submitted by the State's
Attorney and the victim | 8 | | or a concerned citizen pursuant to the Rights of Crime | 9 | | Victims and Witnesses Act ; and .
| 10 | | (8) the person's eligibility for commitment under the | 11 | | Sexually Violent Persons Commitment Act. | 12 | | (e) The prosecuting State's Attorney's office shall | 13 | | receive from the Board reasonable
written notice not less than | 14 | | 30 days prior to the parole interview and may
submit relevant | 15 | | information by oral argument or testimony of victims and | 16 | | concerned citizens, or both, in writing, or on film, video tape | 17 | | or other
electronic means or in the form of a recording to the | 18 | | Board for its
consideration. Upon written request of the | 19 | | State's Attorney's office, the Prisoner Review Board shall hear | 20 | | protests to parole, except in counties of 1,500,000 or more | 21 | | inhabitants where there shall be standing objections to all | 22 | | such petitions. If a State's Attorney who represents a county | 23 | | of less than 1,500,000 inhabitants requests a protest hearing, | 24 | | the inmate's counsel or other representative shall also receive | 25 | | notice of such request.
This hearing shall take place the month | 26 | | following the inmate's parole interview. If the inmate's parole |
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| 1 | | interview is rescheduled then the Prisoner Review Board shall | 2 | | promptly notify the State's Attorney of the new date. The | 3 | | person eligible for parole shall be heard at the next scheduled | 4 | | en banc hearing date. If the case is to be continued, the | 5 | | State's Attorney's office and the attorney or representative | 6 | | for the person eligible for parole will be notified of any | 7 | | continuance within 5 business days. The State's Attorney may | 8 | | waive the written notice.
| 9 | | (f) The victim of the violent crime for which the prisoner | 10 | | has been
sentenced shall receive notice of a parole hearing as | 11 | | provided in paragraph
(4) of subsection (d) of Section 4.5 of | 12 | | the Rights of Crime Victims and Witnesses
Act.
| 13 | | (g) Any recording considered under the provisions of | 14 | | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 15 | | the form designated by the Board.
Such recording shall be both | 16 | | visual and aural. Every voice on the
recording and person | 17 | | present shall be identified and the recording shall
contain | 18 | | either a visual or aural statement of the person submitting | 19 | | such
recording, the date of the recording and the name of the | 20 | | person whose
parole eligibility is being considered. Such | 21 | | recordings shall be retained by
the Board and shall be deemed | 22 | | to be submitted at any subsequent parole hearing
if the victim | 23 | | or State's Attorney submits in writing a declaration clearly
| 24 | | identifying such recording as representing the present | 25 | | position of the
victim or State's Attorney regarding the issues | 26 | | to be considered at the parole
hearing.
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| 1 | | (h) The Board shall not release any material to the inmate, | 2 | | the inmate's attorney, any third party, or any other person | 3 | | containing any information from the victim or from a person | 4 | | related to the victim by blood, adoption, or marriage who has | 5 | | written objections, testified at any hearing, or submitted | 6 | | audio or visual objections to the inmate's parole, unless | 7 | | provided with a waiver from that objecting party. | 8 | | (Source: P.A. 96-875, eff. 1-22-10; 97-523, eff. 1-1-12.)
| 9 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 10 | | Sec. 3-3-5. Hearing and Determination.
| 11 | | (a) The Prisoner
Review Board shall meet as often as need | 12 | | requires to consider
the cases of persons eligible for parole. | 13 | | Except as otherwise
provided in paragraph (2) of subsection (a) | 14 | | of Section 3-3-2
of this Act, the Prisoner Review Board may | 15 | | meet and
order its actions in panels of 3 or more members. The | 16 | | action
of a majority of the panel shall be the action of the | 17 | | Board.
In consideration of persons committed to the Department | 18 | | of Juvenile Justice,
the panel shall have at least a majority | 19 | | of members experienced
in juvenile matters.
| 20 | | (b) If the person under consideration for parole is in the
| 21 | | custody of the Department, at least one member of the Board
| 22 | | shall interview him, and a report of that interview shall be
| 23 | | available for the Board's consideration. However, in the
| 24 | | discretion of the Board, the interview need not be conducted
if | 25 | | a psychiatric examination determines that the person could
not |
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| 1 | | meaningfully contribute to the Board's consideration. The
| 2 | | Board may in its discretion parole a person who is then outside
| 3 | | the jurisdiction on his record without an interview. The Board
| 4 | | need not hold a hearing or interview a person who is paroled
| 5 | | under paragraphs (d) or (e) of this Section or released on
| 6 | | Mandatory release under Section 3-3-10.
| 7 | | (c) The Board shall not parole a person eligible for
parole | 8 | | if it determines that:
| 9 | | (1) there is a substantial risk that he will not
| 10 | | conform to reasonable conditions of parole; or
| 11 | | (2) his release at that time would deprecate the
| 12 | | seriousness of his offense or promote disrespect for the | 13 | | law; or
| 14 | | (3) his release would have a substantially adverse
| 15 | | effect on institutional discipline.
| 16 | | (d) A person committed under the Juvenile Court Act
or the | 17 | | Juvenile Court Act of 1987
who has not been sooner released | 18 | | shall be paroled on or before
his 20th birthday to begin | 19 | | serving a period of parole under
Section 3-3-8.
| 20 | | (e) A person who has served the maximum term of
| 21 | | imprisonment imposed at the time of sentencing less time
credit | 22 | | for good behavior shall be released on parole to
serve a period | 23 | | of parole under Section 5-8-1.
| 24 | | (f) The Board shall render its decision within a
reasonable | 25 | | time after hearing and shall state the basis
therefor both in | 26 | | the records of the Board and in written
notice to the person on |
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| 1 | | whose application it has acted.
In its decision, the Board | 2 | | shall set the person's time
for parole, or if it denies parole | 3 | | it shall provide for
a rehearing not less frequently than once | 4 | | every
year, except that the Board may,
after denying parole,
| 5 | | schedule a rehearing no later than 5 years from the date of the | 6 | | parole
denial, if the Board finds that it is not reasonable to | 7 | | expect that parole
would be granted at a hearing prior to the | 8 | | scheduled rehearing date. If the
Board shall parole a person, | 9 | | and, if he is not released within 90 days from
the effective | 10 | | date of the order granting parole, the matter shall be
returned | 11 | | to the Board for review.
| 12 | | (f-1) If the Board paroles a person who is eligible for | 13 | | commitment as a sexually violent person, the effective date of | 14 | | the Board's order shall be stayed for 90 days for the purpose | 15 | | of evaluation and proceedings under the Sexually Violent | 16 | | Persons Commitment Act. | 17 | | (g) The Board shall maintain a registry of decisions in | 18 | | which parole
has been granted, which shall include the name and | 19 | | case number of the
prisoner, the highest charge for which the | 20 | | prisoner was sentenced, the
length of sentence imposed, the | 21 | | date of the sentence, the date of the
parole, and the basis for | 22 | | the decision of the Board to grant parole and the
vote of the | 23 | | Board on any such decisions. The registry shall be made | 24 | | available
for public inspection and copying during business | 25 | | hours and shall be a public
record pursuant to the provisions | 26 | | of the Freedom of Information Act.
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| | | HB5330 Enrolled | - 19 - | LRB097 18170 RLC 65641 b |
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| 1 | | (h) The Board shall promulgate rules regarding the exercise
| 2 | | of its discretion under this Section.
| 3 | | (Source: P.A. 96-875, eff. 1-22-10; 97-522, eff. 1-1-12.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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