Full Text of HB5492 97th General Assembly
HB5492ham001 97TH GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 3/7/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5492
| 2 | | AMENDMENT NO. ______. Amend House Bill 5492 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing 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 | 9 | | need requires to consider
the cases of persons eligible for | 10 | | parole. Except as otherwise
provided in paragraph (2) of | 11 | | subsection (a) of Section 3-3-2
of this Act, the Prisoner | 12 | | Review Board may meet and
order its actions in panels of 3 or | 13 | | more members. The action
of a majority of the panel shall be | 14 | | the action of the Board.
In consideration of persons committed | 15 | | to the Department of Juvenile Justice,
the panel shall have at | 16 | | least a majority of members experienced
in juvenile matters.
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| 1 | | (b) If the person under consideration for parole is in the
| 2 | | custody of the Department, at least one member of the Board
| 3 | | shall interview him, and a report of that interview shall be
| 4 | | available for the Board's consideration. However, in the
| 5 | | discretion of the Board, the interview need not be conducted
if | 6 | | a psychiatric examination determines that the person could
not | 7 | | meaningfully contribute to the Board's consideration. The
| 8 | | Board may in its discretion parole a person who is then outside
| 9 | | the jurisdiction on his record without an interview. The Board
| 10 | | need not hold a hearing or interview a person who is paroled
| 11 | | under paragraphs (d) or (e) of this Section or released on
| 12 | | Mandatory release under Section 3-3-10.
| 13 | | (c) The Board shall not parole a person eligible for
parole | 14 | | if 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 | 23 | | Juvenile Court Act of 1987
who has not been sooner released | 24 | | shall be paroled on or before
his 20th birthday to begin | 25 | | serving a period of parole under
Section 3-3-8.
| 26 | | (e) A person who has served the maximum term of
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| 1 | | imprisonment imposed at the time of sentencing less time
credit | 2 | | for good behavior shall be released on parole to
serve a period | 3 | | of parole under Section 5-8-1.
| 4 | | (f) The Board shall render its decision within a
reasonable | 5 | | time after hearing and shall state the basis
therefor both in | 6 | | the records of the Board and in written
notice to the person on | 7 | | whose application it has acted.
In its decision, the Board | 8 | | shall set the person's time
for parole, or if it denies parole | 9 | | it shall provide for
a rehearing not less frequently than once | 10 | | every
year, except that the Board may,
after denying parole,
| 11 | | schedule a rehearing no later than 5 years from the date of the | 12 | | parole
denial, if the Board finds that it is not reasonable to | 13 | | expect that parole
would be granted at a hearing prior to the | 14 | | scheduled rehearing date. If the
Board shall parole a person, | 15 | | and, if he is not released within 90 days from
the effective | 16 | | date of the order granting parole, the matter shall be
returned | 17 | | to the Board for review.
| 18 | | (g) The Board shall maintain a registry of decisions in | 19 | | which parole
has been granted, which shall include the name and | 20 | | case number of the
prisoner, the highest charge for which the | 21 | | prisoner was sentenced, the
length of sentence imposed, the | 22 | | date of the sentence, the date of the
parole, and the basis for | 23 | | the decision of the Board to grant parole and the
vote of the | 24 | | Board on any such decisions. The registry shall be made | 25 | | available
for public inspection and copying during business | 26 | | hours and shall be a public
record pursuant to the provisions |
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| 1 | | of the Freedom of Information Act.
| 2 | | (h) The Board shall promulgate rules regarding the exercise
| 3 | | of its discretion under this Section.
| 4 | | (Source: P.A. 96-875, eff. 1-22-10; 97-522, eff. 1-1-12.)".
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