Full Text of HB5330 97th General Assembly
HB5330 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5330 Introduced 2/8/2012, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
| 725 ILCS 207/21 new | | 725 ILCS 207/55 | | 725 ILCS 207/60 | | 725 ILCS 207/65 | | 725 ILCS 207/70 rep. | | 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 |
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Amends the Sexually Violent Persons Commitment Act. Establishes procedures for serving a petition upon a person who is alleged to be sexually violent. Provides that if a person has been committed as a sexually violent person and has not been discharged, the Department of Human Services shall submit a written report to the court on his or her mental
condition at least once every 12 months after his or her initial commitment for the purpose of determining (1) whether the person has made sufficient progress in treatment to be conditionally released, and (2) whether the person's condition has so changed since the most recent periodic reexamination (or initial commitment, if there has not yet been a periodic reexamination) that he or she is no longer a sexually violent person. Provides that at a discharge hearing the State has the right to have the person evaluated by experts chosen by the State. Incorporates into the discharge Section provisions relating to additional discharge hearings. Amends the Unified Code of Corrections. Provides that in making its determination of parole, the Prisoner Review Board
shall consider the person's eligibility for commitment under the Sexually Violent Persons Commitment Act. Provides that if the Board paroles a person who is eligible for commitment as a sexually violent person, the effective date of the Board's order shall be stayed for 90 days for the purpose of evaluation and proceedings under the Sexually Violent Persons Commitment Act.
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| | A BILL FOR |
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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 by the Department of Corrections or Department of | 11 | | Juvenile Justice, a petition filed under this Act shall be | 12 | | served on the person by personnel of the Department of | 13 | | Corrections or Department of Juvenile Justice or their | 14 | | designee. | 15 | | (725 ILCS 207/55)
| 16 | | Sec. 55. Periodic reexamination; report.
| 17 | | (a) If a person has been committed under Section 40 of this | 18 | | Act
and has not been discharged under Section 65 of this Act, | 19 | | the
Department shall submit a written report to the court on | 20 | | his or her mental
condition within 6 months after an initial | 21 | | commitment under
Section 40 and then at least once every 12 | 22 | | months after an initial commitment under Section 40 thereafter |
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| 1 | | for
the purpose of determining whether : (1) the person has made | 2 | | sufficient
progress in treatment to be conditionally released | 3 | | and (2) whether the person's condition has so changed since the | 4 | | most recent periodic reexamination (or initial commitment, if | 5 | | there has not yet been a periodic reexamination) that he or she | 6 | | is no longer a sexually violent person or discharged . At the | 7 | | time of
a reexamination under this Section, the person who has | 8 | | been
committed may retain or, if he or she is indigent and so | 9 | | requests,
the court may appoint a qualified expert or a | 10 | | professional person
to examine him or her.
| 11 | | (b) Any examiner conducting an examination under this | 12 | | Section
shall prepare a written report of the examination no | 13 | | later than 30
days after the date of the examination. The | 14 | | examiner shall place
a copy of the report in the person's | 15 | | health care records and shall
provide a copy of the report to | 16 | | the court that committed the
person under Section 40.
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.
| 20 | | (c) Notwithstanding subsection (a) of this Section, the | 21 | | court
that committed a person under Section 40 may order a | 22 | | reexamination
of the person at any time during the period in | 23 | | which the person is
subject to the commitment order.
Any | 24 | | examiner conducting an examination under this Section shall | 25 | | prepare a written report of the examination no later than 30 | 26 | | days after the date of the examination.
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| 1 | | (d) Petitions for discharge after reexamination must | 2 | | follow the
procedure
outlined in
Section 65 of this Act.
| 3 | | (Source: P.A. 93-616, eff. 1-1-04; 93-885, eff. 8-6-04.)
| 4 | | (725 ILCS 207/60)
| 5 | | Sec. 60. Petition for conditional release.
| 6 | | (a) Any person who is committed for institutional care in a
| 7 | | secure facility or other facility under Section 40 of this Act | 8 | | may
petition the committing court to modify its order by | 9 | | authorizing
conditional release if at least 12 6 months have | 10 | | elapsed since the
initial commitment order was entered, an | 11 | | order continuing commitment was entered pursuant to Section 65, | 12 | | the most recent release
petition was denied or the most recent | 13 | | order for conditional
release was revoked. The director of the | 14 | | facility at which the
person is placed may file a petition | 15 | | under this Section on the
person's behalf at any time.
If the | 16 | | evaluator on behalf of the Department recommends that the | 17 | | committed person is appropriate for conditional release, then | 18 | | the director or designee shall, within 30 days of receipt of | 19 | | the evaluator's report, file with the committing court notice | 20 | | of his or her intention whether or not to petition for | 21 | | conditional release on the committed person's behalf.
| 22 | | (b) If the person files a timely petition without counsel, | 23 | | the
court shall serve a copy of the petition on the Attorney | 24 | | General
or State's Attorney, whichever is applicable and, | 25 | | subject to
paragraph (c)(1) of Section 25 of this Act, appoint |
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| 1 | | counsel. If the person
petitions through counsel, his or her | 2 | | attorney shall serve the
Attorney General or State's Attorney, | 3 | | whichever is applicable.
| 4 | | (c) Within 20 days after receipt of the petition, upon the | 5 | | request of the committed person or on the court's own motion, | 6 | | the court may
appoint an examiner having the specialized
| 7 | | knowledge determined by the court to be appropriate, who shall
| 8 | | examine the mental condition of the person and furnish a | 9 | | written report of
the
examination
to the court within 30 days | 10 | | after appointment. The examiners
shall have reasonable access | 11 | | to the person for purposes of
examination and to the person's | 12 | | past and present treatment records
and patient health care | 13 | | records. If any such examiner believes
that the person is | 14 | | appropriate for conditional release, the
examiner shall report | 15 | | on the type of treatment and services that
the person may need | 16 | | while in the community on conditional release. The State
has | 17 | | the right to have the person evaluated by experts chosen by the | 18 | | State.
Any examination or evaluation conducted under this | 19 | | Section shall be in
conformance with the standards developed | 20 | | under the Sex Offender
Management Board Act and conducted by an | 21 | | evaluator approved by the Board.
The
court shall set a probable | 22 | | cause hearing as soon as practical after the
examiners' reports | 23 | | are filed. The probable cause hearing shall consist of a review | 24 | | of the examining evaluators' reports and arguments on behalf of | 25 | | the parties. If the court finds probable cause to believe the | 26 | | person has made sufficient progress in treatment to the point |
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| 1 | | where he or she is no longer substantially probable to engage | 2 | | in acts of sexual violence if on conditional release If the | 3 | | court determines at the probable cause
hearing that cause | 4 | | exists to believe that it is not substantially probable that
| 5 | | the person will engage in acts of sexual violence if on release | 6 | | or conditional
release , the court shall set a hearing on the | 7 | | issue.
| 8 | | (d) The court, without a jury, shall hear the petition as | 9 | | soon as practical after the reports of all examiners are filed
| 10 | | with the court. The
court shall grant the petition unless the | 11 | | State proves by clear
and convincing evidence that the person | 12 | | has not made sufficient progress in treatment to the point | 13 | | where he or she is no longer substantially probable to engage | 14 | | in acts of sexual violence if on conditional release to
be | 15 | | conditionally released . In making a decision under
this | 16 | | subsection, the court must consider the nature and
| 17 | | circumstances of the behavior that was the basis of the | 18 | | allegation
in the petition under paragraph (b)(1) of Section 15 | 19 | | of this Act, the person's
mental history and present mental | 20 | | condition, and what
arrangements are available to ensure that | 21 | | the person has access to
and will participate in necessary | 22 | | treatment.
| 23 | | (e) Before the court may enter an order directing | 24 | | conditional release to
a less restrictive alternative it must | 25 | | find the following: (1) the person will
be treated by a | 26 | | Department approved treatment provider, (2) the treatment
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| 1 | | provider has presented a specific course of treatment and has | 2 | | agreed to assume
responsibility for the treatment and will | 3 | | report progress to the Department on
a regular basis, and will | 4 | | report violations immediately to the Department,
consistent | 5 | | with treatment and supervision needs of the respondent, (3) | 6 | | housing
exists that is sufficiently secure to protect the | 7 | | community, and the person or
agency providing housing to the | 8 | | conditionally released person has agreed in
writing to accept | 9 | | the person, to provide the level of security required by the
| 10 | | court, and
immediately to report to the Department if the | 11 | | person leaves the housing to
which he or she has been assigned | 12 | | without authorization, (4) the person is
willing to or has | 13 | | agreed to comply with the treatment provider, the Department,
| 14 | | and
the court, and (5) the person has agreed or is willing to | 15 | | agree to comply
with the behavioral monitoring requirements | 16 | | imposed by the court and the
Department.
| 17 | | (f) If the court finds that the person is appropriate for
| 18 | | conditional release, the court shall notify the Department. The
| 19 | | Department shall prepare a plan that identifies the treatment | 20 | | and
services, if any, that the person will receive in the | 21 | | community.
The plan shall address the person's need, if any, | 22 | | for supervision,
counseling, medication, community support | 23 | | services, residential
services, vocational services, and | 24 | | alcohol or other drug abuse
treatment. The Department may | 25 | | contract with a county health
department, with another public | 26 | | agency or with a private agency to
provide the treatment and |
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| 1 | | services identified in the plan. The
plan shall specify who | 2 | | will be responsible for providing the
treatment and services | 3 | | identified in the plan. The plan shall be
presented to the | 4 | | court for its approval within 60 days after the
court finding | 5 | | that the person is appropriate for conditional
release, unless | 6 | | the Department and the person to be released
request additional | 7 | | time to develop the plan.
| 8 | | (g) The provisions of paragraphs (b)(4), (b)(5), and (b)(6) | 9 | | of Section 40 of this Act
apply to an
order for conditional | 10 | | release issued under this Section.
| 11 | | (Source: P.A. 96-1128, eff. 1-1-11.)
| 12 | | (725 ILCS 207/65)
| 13 | | Sec. 65. Petition for discharge; procedure.
| 14 | | (a)(1) If the Secretary determines at any time that a | 15 | | person
committed under this Act is no longer a sexually violent | 16 | | person,
the Secretary shall authorize the person to petition | 17 | | the
committing court for discharge. If the evaluator on behalf | 18 | | of the Department recommends that the committed person is no | 19 | | longer a sexually violent person, then the Secretary or | 20 | | designee shall, within 30 days of receipt of the evaluator's | 21 | | report, file with the committing court notice of his or her | 22 | | determination whether or not to authorize the committed person | 23 | | to petition the committing court for discharge. The person | 24 | | shall file the
petition with the court and serve a copy upon | 25 | | the Attorney General
or the State's Attorney's office that |
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| 1 | | filed the petition under
subsection (a) of Section 15 of this | 2 | | Act, whichever is applicable. The court,
upon receipt of the | 3 | | petition for discharge, shall order a hearing
to be held as | 4 | | soon as practical after the date of receipt of the
petition.
| 5 | | (2) At a hearing under this subsection, the Attorney | 6 | | General
or State's Attorney, whichever filed the original | 7 | | petition, shall
represent the State . The State has the right to | 8 | | have the person evaluated by experts chosen by the State and | 9 | | shall have the right to have the
petitioner examined by an | 10 | | expert or professional person of his or
her choice . The | 11 | | examination shall be conducted in conformance with the
| 12 | | standards developed under the Sex Offender Management Board Act | 13 | | and by an
evaluator approved by the Board. The
committed person | 14 | | or the State may elect to have the hearing
before a jury.
The | 15 | | State has the burden of proving by clear and convincing
| 16 | | evidence that the petitioner is still a sexually violent | 17 | | person.
| 18 | | (3) If the court or jury is satisfied that the State has | 19 | | not met its
burden of proof under paragraph (a)(2) of this | 20 | | Section, the
petitioner shall be discharged from the custody or | 21 | | supervision of
the Department. If the court is satisfied that | 22 | | the State has met
its burden of proof under paragraph (a)(2), | 23 | | the court may proceed
under Section 40 of this Act to determine | 24 | | whether to modify the
petitioner's existing commitment order.
| 25 | | (b)(1) A person may petition the committing court for | 26 | | discharge
from custody or supervision without the Secretary's |
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| 1 | | approval. At
the time of an examination under subsection (a) of | 2 | | Section 55 of this Act, the
Secretary shall provide the | 3 | | committed person with a written notice
of the person's right to | 4 | | petition the court for discharge over the
Secretary's | 5 | | objection. The notice shall contain a waiver of
rights. The | 6 | | Secretary shall forward the notice and waiver form to
the court | 7 | | with the report of the Department's examination under
Section | 8 | | 55 of this Act. If the person does not affirmatively
waive the | 9 | | right to petition, the court shall set a probable cause
hearing | 10 | | to determine whether facts exist to believe that since the most | 11 | | recent periodic reexamination (or initial commitment, if there | 12 | | has not yet been a periodic reexamination), the condition of | 13 | | the committed person has so changed that he or she is no longer | 14 | | a sexually violent person. However, if a person has previously | 15 | | filed a petition for discharge without the Secretary's approval | 16 | | and the court determined, either upon review of the petition or | 17 | | following a hearing, that the person's petition was frivolous | 18 | | or that the person was still a sexually violent person, then | 19 | | the court shall deny any subsequent petition under this Section | 20 | | without a hearing unless the petition contains facts upon which | 21 | | a court could reasonably find that the condition of the person | 22 | | had so changed that a hearing was warranted that warrant a | 23 | | hearing on
whether the person is still a sexually violent | 24 | | person .
If a
person does not file a petition for discharge, yet | 25 | | fails to waive the right to
petition under
this Section, then | 26 | | the probable cause hearing consists only of a review of
the
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| 1 | | reexamination reports and arguments on behalf of the parties.
| 2 | | The
committed person has a right to have an attorney represent | 3 | | him or
her at the probable cause hearing, but the person is not | 4 | | entitled
to be present at the probable cause hearing.
The
| 5 | | probable cause hearing under this Section must be held as soon | 6 | | as practical after the
filing of the
reexamination report under | 7 | | Section 55 of this Act.
| 8 | | (2) If the court determines at the probable cause hearing
| 9 | | under paragraph (b)(1) of this Section that probable cause | 10 | | exists
to believe that since the most recent periodic | 11 | | reexamination (or initial commitment, if there has not yet been | 12 | | a periodic reexamination), the condition of the committed | 13 | | person has so changed that he or she is no longer a sexually
| 14 | | violent person, then the court shall set a hearing on the | 15 | | issue.
At a hearing under this Section, the committed person is | 16 | | entitled
to be present and to the benefit of the protections | 17 | | afforded to
the person under Section 25 of this Act.
The
| 18 | | committed person or the State may elect to have a hearing under | 19 | | this Section
before a
jury. A verdict of a jury under this | 20 | | Section is not valid unless it is
unanimous.
The Attorney | 21 | | General or
State's Attorney, whichever filed the original | 22 | | petition, shall
represent the State at a hearing under this | 23 | | Section. The State has the right
to have the committed person | 24 | | evaluated by experts chosen by the
State.
The examination shall | 25 | | be conducted in conformance with the standards
developed under | 26 | | the Sex Offender Management Board Act and by an evaluator
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| 1 | | approved by the Board. At the hearing, the State has the burden | 2 | | of proving by
clear and convincing evidence that the committed | 3 | | person is still a
sexually violent person.
| 4 | | (3) If the court or jury is satisfied that the State has | 5 | | not met its
burden of proof under paragraph (b)(2) of this | 6 | | Section, the
person shall be discharged from the custody or | 7 | | supervision of the
Department. If the court or jury is | 8 | | satisfied that the State has met its
burden of proof under | 9 | | paragraph (b)(2) of this Section, the court
may proceed under | 10 | | Section 40 of this Act to determine whether to
modify the | 11 | | person's existing commitment order.
| 12 | | (c) This Section applies to petitions pending on the | 13 | | effective date of this amendatory Act of the 97th General | 14 | | Assembly and to petitions filed on or after that date. This | 15 | | provision is severable from the other provisions of this | 16 | | Section under Section 1.31 of the Statute on Statutes. | 17 | | (Source: P.A. 96-1128, eff. 1-1-11.)
| 18 | | (725 ILCS 207/70 rep.)
| 19 | | Section 10. The Sexually Violent Persons Commitment Act is | 20 | | amended by repealing Section 70. | 21 | | Section 15. The Unified Code of Corrections is amended by | 22 | | changing Sections 3-3-4 and 3-3-5 as follows:
| 23 | | (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 | 3 | | each eligible person committed to the Adult Division at
least | 4 | | 30 days prior to the date he shall first become
eligible for | 5 | | parole, and shall consider the parole of each
person committed | 6 | | to the Department of Juvenile Justice as a delinquent
at least | 7 | | 30 days prior to the expiration of the first year
of | 8 | | confinement.
| 9 | | (b) A person eligible for parole shall, no less than 15 | 10 | | days in advance of
his parole interview, prepare a parole plan | 11 | | in accordance
with the rules of the Prisoner Review Board. The | 12 | | person
shall be assisted in preparing his parole plan by | 13 | | personnel
of the Department of Corrections, or the Department | 14 | | of Juvenile Justice in the case of a person committed to that | 15 | | Department, and may, for this purpose, be released
on furlough | 16 | | under Article 11 or on authorized absence under
Section 3-9-4. | 17 | | The appropriate Department shall also provide
assistance in | 18 | | obtaining information and records helpful to
the individual for | 19 | | his parole hearing. If the person eligible for parole has a | 20 | | petition or any written submissions prepared on his or her | 21 | | behalf by an attorney or other representative, the attorney or | 22 | | representative for the person eligible for parole must serve by | 23 | | certified mail the State's Attorney of the county where he or | 24 | | she was prosecuted with the petition or any written submissions | 25 | | 15 days after his or her parole interview. The State's Attorney | 26 | | shall provide the attorney for the person eligible for parole |
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| 1 | | with a copy of his or her letter in opposition to parole via | 2 | | certified mail within 5 business days of the en banc hearing.
| 3 | | (c) Any member of the Board shall have access at all
| 4 | | reasonable times to any committed person and to his master
| 5 | | record file within the Department, and the Department shall
| 6 | | furnish such a report to the Board
concerning the conduct and | 7 | | character of any such person prior to his or her parole | 8 | | interview.
| 9 | | (d) In making its determination of parole, the Board
shall | 10 | | consider:
| 11 | | (1) material transmitted to the Department of Juvenile | 12 | | Justice by the
clerk of the committing court under Section | 13 | | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | 14 | | 5-750 of the Juvenile
Court Act of 1987;
| 15 | | (2) the report under Section 3-8-2 or 3-10-2;
| 16 | | (3) a report by the Department and any report by the
| 17 | | chief administrative officer of the institution or | 18 | | facility;
| 19 | | (4) a parole progress report;
| 20 | | (5) a medical and psychological report, if requested
by | 21 | | the Board;
| 22 | | (6) material in writing, or on film, video tape or | 23 | | other electronic
means in the form of a recording submitted | 24 | | by the person whose parole
is being considered; and
| 25 | | (7) material in writing, or on film, video tape or | 26 | | other electronic
means in the form of a recording or |
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| 1 | | testimony submitted by the State's
Attorney and the victim | 2 | | or a concerned citizen pursuant to the Rights of Crime | 3 | | Victims and Witnesses Act ; and .
| 4 | | (8) the person's eligibility for commitment under the | 5 | | Sexually Violent Persons Commitment Act. | 6 | | (e) The prosecuting State's Attorney's office shall | 7 | | receive from the Board reasonable
written notice not less than | 8 | | 30 days prior to the parole interview and may
submit relevant | 9 | | information by oral argument or testimony of victims and | 10 | | concerned citizens, or both, in writing, or on film, video tape | 11 | | or other
electronic means or in the form of a recording to the | 12 | | Board for its
consideration. Upon written request of the | 13 | | State's Attorney's office, the Prisoner Review Board shall hear | 14 | | protests to parole, except in counties of 1,500,000 or more | 15 | | inhabitants where there shall be standing objections to all | 16 | | such petitions. If a State's Attorney who represents a county | 17 | | of less than 1,500,000 inhabitants requests a protest hearing, | 18 | | the inmate's counsel or other representative shall also receive | 19 | | notice of such request.
This hearing shall take place the month | 20 | | following the inmate's parole interview. If the inmate's parole | 21 | | interview is rescheduled then the Prisoner Review Board shall | 22 | | promptly notify the State's Attorney of the new date. The | 23 | | person eligible for parole shall be heard at the next scheduled | 24 | | en banc hearing date. If the case is to be continued, the | 25 | | State's Attorney's office and the attorney or representative | 26 | | for the person eligible for parole will be notified of any |
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| 1 | | continuance within 5 business days. The State's Attorney may | 2 | | waive the written notice.
| 3 | | (f) The victim of the violent crime for which the prisoner | 4 | | has been
sentenced shall receive notice of a parole hearing as | 5 | | provided in paragraph
(4) of subsection (d) of Section 4.5 of | 6 | | the Rights of Crime Victims and Witnesses
Act.
| 7 | | (g) Any recording considered under the provisions of | 8 | | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 9 | | the form designated by the Board.
Such recording shall be both | 10 | | visual and aural. Every voice on the
recording and person | 11 | | present shall be identified and the recording shall
contain | 12 | | either a visual or aural statement of the person submitting | 13 | | such
recording, the date of the recording and the name of the | 14 | | person whose
parole eligibility is being considered. Such | 15 | | recordings shall be retained by
the Board and shall be deemed | 16 | | to be submitted at any subsequent parole hearing
if the victim | 17 | | or State's Attorney submits in writing a declaration clearly
| 18 | | identifying such recording as representing the present | 19 | | position of the
victim or State's Attorney regarding the issues | 20 | | to be considered at the parole
hearing.
| 21 | | (h) The Board shall not release any material to the inmate, | 22 | | the inmate's attorney, any third party, or any other person | 23 | | containing any information from the victim or from a person | 24 | | related to the victim by blood, adoption, or marriage who has | 25 | | written objections, testified at any hearing, or submitted | 26 | | audio or visual objections to the inmate's parole, unless |
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| 1 | | provided with a waiver from that objecting party. | 2 | | (Source: P.A. 96-875, eff. 1-22-10; 97-523, eff. 1-1-12.)
| 3 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 4 | | Sec. 3-3-5. Hearing and Determination.
| 5 | | (a) The Prisoner
Review Board shall meet as often as need | 6 | | requires to consider
the cases of persons eligible for parole. | 7 | | Except as otherwise
provided in paragraph (2) of subsection (a) | 8 | | of Section 3-3-2
of this Act, the Prisoner Review Board may | 9 | | meet and
order its actions in panels of 3 or more members. The | 10 | | action
of a majority of the panel shall be the action of the | 11 | | Board.
In consideration of persons committed to the Department | 12 | | of Juvenile Justice,
the panel shall have at least a majority | 13 | | of members experienced
in juvenile matters.
| 14 | | (b) If the person under consideration for parole is in the
| 15 | | custody of the Department, at least one member of the Board
| 16 | | shall interview him, and a report of that interview shall be
| 17 | | available for the Board's consideration. However, in the
| 18 | | discretion of the Board, the interview need not be conducted
if | 19 | | a psychiatric examination determines that the person could
not | 20 | | meaningfully contribute to the Board's consideration. The
| 21 | | Board may in its discretion parole a person who is then outside
| 22 | | the jurisdiction on his record without an interview. The Board
| 23 | | need not hold a hearing or interview a person who is paroled
| 24 | | under paragraphs (d) or (e) of this Section or released on
| 25 | | Mandatory release under Section 3-3-10.
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| 1 | | (c) The Board shall not parole a person eligible for
parole | 2 | | if it determines that:
| 3 | | (1) there is a substantial risk that he will not
| 4 | | conform to reasonable conditions of parole; or
| 5 | | (2) his release at that time would deprecate the
| 6 | | seriousness of his offense or promote disrespect for the | 7 | | law; or
| 8 | | (3) his release would have a substantially adverse
| 9 | | effect on institutional discipline.
| 10 | | (d) A person committed under the Juvenile Court Act
or the | 11 | | Juvenile Court Act of 1987
who has not been sooner released | 12 | | shall be paroled on or before
his 20th birthday to begin | 13 | | serving a period of parole under
Section 3-3-8.
| 14 | | (e) A person who has served the maximum term of
| 15 | | imprisonment imposed at the time of sentencing less time
credit | 16 | | for good behavior shall be released on parole to
serve a period | 17 | | of parole under Section 5-8-1.
| 18 | | (f) The Board shall render its decision within a
reasonable | 19 | | time after hearing and shall state the basis
therefor both in | 20 | | the records of the Board and in written
notice to the person on | 21 | | whose application it has acted.
In its decision, the Board | 22 | | shall set the person's time
for parole, or if it denies parole | 23 | | it shall provide for
a rehearing not less frequently than once | 24 | | every
year, except that the Board may,
after denying parole,
| 25 | | schedule a rehearing no later than 5 years from the date of the | 26 | | parole
denial, if the Board finds that it is not reasonable to |
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| 1 | | expect that parole
would be granted at a hearing prior to the | 2 | | scheduled rehearing date. If the
Board shall parole a person, | 3 | | and, if he is not released within 90 days from
the effective | 4 | | date of the order granting parole, the matter shall be
returned | 5 | | to the Board for review.
| 6 | | (f-1) If the Board paroles a person who is eligible for | 7 | | commitment as a sexually violent person, the effective date of | 8 | | the Board's order shall be stayed for 90 days for the purpose | 9 | | of evaluation and proceedings under the Sexually Violent | 10 | | Persons Commitment Act. | 11 | | (g) The Board shall maintain a registry of decisions in | 12 | | which parole
has been granted, which shall include the name and | 13 | | case number of the
prisoner, the highest charge for which the | 14 | | prisoner was sentenced, the
length of sentence imposed, the | 15 | | date of the sentence, the date of the
parole, and the basis for | 16 | | the decision of the Board to grant parole and the
vote of the | 17 | | Board on any such decisions. The registry shall be made | 18 | | available
for public inspection and copying during business | 19 | | hours and shall be a public
record pursuant to the provisions | 20 | | of the Freedom of Information Act.
| 21 | | (h) The Board shall promulgate rules regarding the exercise
| 22 | | of its discretion under this Section.
| 23 | | (Source: P.A. 96-875, eff. 1-22-10; 97-522, eff. 1-1-12.)
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