Full Text of HB4870 98th General Assembly
HB4870ham001 98TH GENERAL ASSEMBLY | Rep. John M. Cabello Filed: 3/26/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4870
| 2 | | AMENDMENT NO. ______. Amend House Bill 4870 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 meet as often as need | 9 | | requires to consider
the cases of persons eligible for parole | 10 | | and aftercare release. Except as otherwise
provided in | 11 | | paragraph (2) of subsection (a) of Section 3-3-2
of this Act, | 12 | | the Prisoner Review Board may meet and
order its actions in | 13 | | panels of 3 or more members. The action
of a majority of the | 14 | | panel shall be the action of the Board.
In consideration of | 15 | | persons committed to the Department of Juvenile Justice,
the | 16 | | panel shall have at least a majority of members experienced
in |
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| 1 | | juvenile matters.
| 2 | | (b) If the person under consideration for parole or | 3 | | aftercare release is in the
custody of the Department, at least | 4 | | one member of the Board
shall interview him or her, and a | 5 | | report of that interview shall be
available for the Board's | 6 | | consideration. However, in the
discretion of the Board, the | 7 | | interview need not be conducted
if a psychiatric examination | 8 | | determines that the person could
not meaningfully contribute to | 9 | | the Board's consideration. The
Board may in its discretion | 10 | | parole or release on aftercare a person who is then outside
the | 11 | | jurisdiction on his or her record without an interview. The | 12 | | Board
need not hold a hearing or interview a person who is | 13 | | paroled or released on aftercare
under paragraphs (d) or (e) of | 14 | | this Section or released on
Mandatory release under Section | 15 | | 3-3-10.
| 16 | | (c) The Board shall not parole or release a person eligible | 17 | | for
parole or aftercare release if it determines that:
| 18 | | (1) there is a substantial risk that he or she will not
| 19 | | conform to reasonable conditions of parole or aftercare | 20 | | release; or
| 21 | | (2) his or her release at that time would deprecate the
| 22 | | seriousness of his or her offense or promote disrespect for | 23 | | the law; or
| 24 | | (3) his or her release would have a substantially | 25 | | adverse
effect on institutional discipline.
| 26 | | (d) A person committed under the Juvenile Court Act
or the |
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| 1 | | Juvenile Court Act of 1987
who has not been sooner released | 2 | | shall be released on aftercare on or before
his or her 20th | 3 | | birthday to begin serving a period of aftercare release under
| 4 | | Section 3-3-8.
| 5 | | (e) A person who has served the maximum term of
| 6 | | imprisonment imposed at the time of sentencing less time
credit | 7 | | for good behavior shall be released on parole to
serve a period | 8 | | of parole under Section 5-8-1.
| 9 | | (f) The Board shall render its decision within a
reasonable | 10 | | time after hearing and shall state the basis
therefor both in | 11 | | the records of the Board and in written
notice to the person on | 12 | | whose application it has acted.
In its decision, the Board | 13 | | shall set the person's time
for parole or aftercare release, or | 14 | | if it denies parole or aftercare release it shall provide for
a | 15 | | rehearing not less frequently than once every
year, except that | 16 | | the Board may,
after denying parole,
schedule a rehearing no | 17 | | later than 5 years from the date of the parole
denial , if the | 18 | | Board finds that it is not reasonable to expect that parole
| 19 | | would be granted at a hearing prior to the scheduled rehearing | 20 | | date . If the
Board shall parole or release a person, and, if he | 21 | | or she is not released within 90 days from
the effective date | 22 | | of the order granting parole or aftercare release, the matter | 23 | | shall be
returned to the Board for review.
| 24 | | (f-1) If the Board paroles or releases a person who is | 25 | | eligible for commitment as a sexually violent person, the | 26 | | effective date of the Board's order shall be stayed for 90 days |
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| 1 | | for the purpose of evaluation and proceedings under the | 2 | | Sexually Violent Persons Commitment Act. | 3 | | (g) The Board shall maintain a registry of decisions in | 4 | | which parole
has been granted, which shall include the name and | 5 | | case number of the
prisoner, the highest charge for which the | 6 | | prisoner was sentenced, the
length of sentence imposed, the | 7 | | date of the sentence, the date of the
parole, and the basis for | 8 | | the decision of the Board to grant parole and the
vote of the | 9 | | Board on any such decisions. The registry shall be made | 10 | | available
for public inspection and copying during business | 11 | | hours and shall be a public
record pursuant to the provisions | 12 | | of the Freedom of Information Act.
| 13 | | (h) The Board shall promulgate rules regarding the exercise
| 14 | | of its discretion under this Section.
| 15 | | (Source: P.A. 97-522, eff. 1-1-12; 97-1075, eff. 8-24-12; | 16 | | 98-558, eff. 1-1-14.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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