Illinois General Assembly - Full Text of HB5492
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Full Text of HB5492  97th General Assembly


Rep. Robyn Gabel

Filed: 3/7/2012





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2    AMENDMENT NO. ______. Amend House Bill 5492 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Unified Code of Corrections is amended by
5changing Section 3-3-5 as follows:
6    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
7    Sec. 3-3-5. Hearing and Determination.
8    (a) The Prisoner Review Board shall shall meet as often as
9need requires to consider the cases of persons eligible for
10parole. Except as otherwise provided in paragraph (2) of
11subsection (a) of Section 3-3-2 of this Act, the Prisoner
12Review Board may meet and order its actions in panels of 3 or
13more members. The action of a majority of the panel shall be
14the action of the Board. In consideration of persons committed
15to the Department of Juvenile Justice, the panel shall have at
16least a majority of members experienced in juvenile matters.



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1    (b) If the person under consideration for parole is in the
2custody of the Department, at least one member of the Board
3shall interview him, and a report of that interview shall be
4available for the Board's consideration. However, in the
5discretion of the Board, the interview need not be conducted if
6a psychiatric examination determines that the person could not
7meaningfully contribute to the Board's consideration. The
8Board may in its discretion parole a person who is then outside
9the jurisdiction on his record without an interview. The Board
10need not hold a hearing or interview a person who is paroled
11under paragraphs (d) or (e) of this Section or released on
12Mandatory release under Section 3-3-10.
13    (c) The Board shall not parole a person eligible for parole
14if it determines that:
15        (1) there is a substantial risk that he will not
16    conform to reasonable conditions of parole; or
17        (2) his release at that time would deprecate the
18    seriousness of his offense or promote disrespect for the
19    law; or
20        (3) his release would have a substantially adverse
21    effect on institutional discipline.
22    (d) A person committed under the Juvenile Court Act or the
23Juvenile Court Act of 1987 who has not been sooner released
24shall be paroled on or before his 20th birthday to begin
25serving a period of parole under Section 3-3-8.
26    (e) A person who has served the maximum term of



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1imprisonment imposed at the time of sentencing less time credit
2for good behavior shall be released on parole to serve a period
3of parole under Section 5-8-1.
4    (f) The Board shall render its decision within a reasonable
5time after hearing and shall state the basis therefor both in
6the records of the Board and in written notice to the person on
7whose application it has acted. In its decision, the Board
8shall set the person's time for parole, or if it denies parole
9it shall provide for a rehearing not less frequently than once
10every year, except that the Board may, after denying parole,
11schedule a rehearing no later than 5 years from the date of the
12parole denial, if the Board finds that it is not reasonable to
13expect that parole would be granted at a hearing prior to the
14scheduled rehearing date. If the Board shall parole a person,
15and, if he is not released within 90 days from the effective
16date of the order granting parole, the matter shall be returned
17to the Board for review.
18    (g) The Board shall maintain a registry of decisions in
19which parole has been granted, which shall include the name and
20case number of the prisoner, the highest charge for which the
21prisoner was sentenced, the length of sentence imposed, the
22date of the sentence, the date of the parole, and the basis for
23the decision of the Board to grant parole and the vote of the
24Board on any such decisions. The registry shall be made
25available for public inspection and copying during business
26hours and shall be a public record pursuant to the provisions



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1of the Freedom of Information Act.
2    (h) The Board shall promulgate rules regarding the exercise
3of its discretion under this Section.
4(Source: P.A. 96-875, eff. 1-22-10; 97-522, eff. 1-1-12.)".