Full Text of HB0803 102nd General Assembly
HB0803 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0803 Introduced 2/10/2021, by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-3-2 | from Ch. 38, par. 1003-3-2 | 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 |
|
Amends the Unified Code of Corrections. Provides that the decision to parole and the conditions of parole for all prisoners who were sentenced for first degree murder or who
received a minimum sentence of 20 years or more under the law in effect
prior to February 1, 1978 shall be determined by a majority vote of the members of the
Prisoner Review Board present and voting at the hearing in which the determination is made (rather than a majority vote of the Prisoner Review Board). Provides that within 15 days after the parole interview, the State's Attorney shall provide the attorney for the person eligible for parole with a copy of his or her letter in opposition to parole via certified mail. Provides that each party may respond to the other's written submissions made at the parole hearing within 5 business days of the en banc hearing. Provides that the Prisoner Review Board may,
after denying parole,
schedule a rehearing no later than 2 (rather than 5) years from the date of the parole
denial, if the Board finds that it is not reasonable to expect that parole
would be granted at a hearing prior to the scheduled rehearing date.
|
| |
| | A BILL FOR |
|
| | | HB0803 | | LRB102 11984 KMF 17320 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-2, 3-3-4, and 3-3-5 as follows:
| 6 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 7 | | Sec. 3-3-2. Powers and duties.
| 8 | | (a) The Parole and Pardon Board is abolished and the term | 9 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 10 | | read "Prisoner Review
Board." After February 1, 1978 ( the | 11 | | effective date of Public Act 81-1099) this amendatory Act of | 12 | | 1977 , the
Prisoner Review Board shall provide by rule for the | 13 | | orderly transition of
all files, records, and documents of the | 14 | | Parole and Pardon Board and for
such other steps as may be | 15 | | necessary to effect an orderly transition and shall:
| 16 | | (1) hear by at least one member and through a panel of | 17 | | at least 3 members
decide, cases of prisoners
who were | 18 | | sentenced under the law in effect prior to February 1, | 19 | | 1978 ( the effective
date of Public Act 81-1099) this | 20 | | amendatory Act of 1977 , and who are eligible for parole;
| 21 | | (2) hear by at least one member and through a panel of | 22 | | at least 3 members decide, the conditions of
parole and | 23 | | the time of discharge from parole, impose sanctions for
|
| | | HB0803 | - 2 - | LRB102 11984 KMF 17320 b |
|
| 1 | | violations of parole, and revoke
parole for those | 2 | | sentenced under the law in effect prior to February 1, | 3 | | 1978 (the effective
date of Public Act 81-1099) this | 4 | | amendatory
Act of 1977 ; provided that the decision to | 5 | | parole and the conditions of
parole for all prisoners who | 6 | | were sentenced for first degree murder or who
received a | 7 | | minimum sentence of 20 years or more under the law in | 8 | | effect
prior to February 1, 1978 shall be determined by a | 9 | | majority vote of the members of the
Prisoner Review Board | 10 | | present and voting at the hearing in which the | 11 | | determination is made . One representative supporting | 12 | | parole and one representative opposing parole will be | 13 | | allowed to speak. Their comments shall be limited to | 14 | | making corrections and filling in omissions to the Board's | 15 | | presentation and discussion;
| 16 | | (3) hear by at least one member and through a panel of | 17 | | at least 3 members decide, the conditions
of mandatory | 18 | | supervised release and the time of discharge from | 19 | | mandatory
supervised release, impose sanctions for | 20 | | violations of mandatory
supervised release, and revoke | 21 | | mandatory supervised release for those
sentenced under the | 22 | | law in effect after February 1, 1978 ( the effective date | 23 | | of Public Act 81-1099) this
amendatory Act of 1977 ;
| 24 | | (3.5) hear by at least one member and through a panel | 25 | | of at least 3 members decide, the conditions of mandatory | 26 | | supervised release and the time of discharge from |
| | | HB0803 | - 3 - | LRB102 11984 KMF 17320 b |
|
| 1 | | mandatory supervised release, to impose sanctions for | 2 | | violations of mandatory supervised release and revoke | 3 | | mandatory supervised release for those serving extended | 4 | | supervised release terms pursuant to paragraph (4) of | 5 | | subsection (d) of Section 5-8-1;
| 6 | | (3.6) hear by at least one member and through a panel | 7 | | of at least 3 members decide whether to revoke aftercare | 8 | | release for those committed to the Department of Juvenile | 9 | | Justice under the Juvenile Court Act of 1987; | 10 | | (4) hear by at least one member and through a panel of | 11 | | at least 3
members,
decide cases brought by the Department | 12 | | of Corrections against a prisoner in
the custody of the | 13 | | Department for alleged violation of Department rules
with | 14 | | respect to sentence credits under Section 3-6-3 of this | 15 | | Code
in which the Department seeks to revoke sentence | 16 | | credits, if the amount
of time at issue exceeds 30 days or | 17 | | when, during any 12-month 12 month period, the
cumulative | 18 | | amount of credit revoked exceeds 30 days except where the
| 19 | | infraction is committed or discovered within 60 days of | 20 | | scheduled release.
In such cases, the Department of | 21 | | Corrections may revoke up to 30 days of
sentence credit. | 22 | | The Board may subsequently approve the revocation of
| 23 | | additional sentence credit, if the Department seeks to | 24 | | revoke sentence credit in excess of 30 thirty days. | 25 | | However, the Board shall not be
empowered to review the | 26 | | Department's decision with respect to the loss of
30 days |
| | | HB0803 | - 4 - | LRB102 11984 KMF 17320 b |
|
| 1 | | of sentence credit for any prisoner or to increase any | 2 | | penalty
beyond the length requested by the Department;
| 3 | | (5) hear by at least one member and through a panel of | 4 | | at least 3
members decide, the
release dates for certain | 5 | | prisoners sentenced under the law in existence
prior to | 6 | | February 1, 1978 ( the effective date of Public Act | 7 | | 81-1099) this amendatory Act of 1977 , in
accordance with | 8 | | Section 3-3-2.1 of this Code;
| 9 | | (6) hear by at least one member and through a panel of | 10 | | at least 3 members
decide, all requests for pardon, | 11 | | reprieve or commutation, and make confidential
| 12 | | recommendations to the Governor;
| 13 | | (6.5) hear by at least one member who is qualified in | 14 | | the field of juvenile matters and through a panel of at | 15 | | least 3 members, 2 of whom are qualified in the field of | 16 | | juvenile matters, decide parole review cases in accordance | 17 | | with Section 5-4.5-115 of this Code and make release | 18 | | determinations of persons under the age of 21 at the time | 19 | | of the commission of an offense or offenses, other than | 20 | | those persons serving sentences for first degree murder or | 21 | | aggravated criminal sexual assault; | 22 | | (6.6) hear by at least a quorum of
the Prisoner Review | 23 | | Board and decide by a majority of members present at the | 24 | | hearing, in accordance with Section 5-4.5-115 of this
| 25 | | Code, release determinations of persons under the age of | 26 | | 21 at the
time of the commission of an offense or offenses |
| | | HB0803 | - 5 - | LRB102 11984 KMF 17320 b |
|
| 1 | | of those persons serving
sentences for first degree murder | 2 | | or aggravated criminal sexual assault; | 3 | | (7) comply with the requirements of the Open Parole | 4 | | Hearings Act;
| 5 | | (8) hear by at least one member and, through a panel of | 6 | | at least 3
members, decide cases brought by the Department | 7 | | of Corrections against a
prisoner in the custody of the | 8 | | Department for court dismissal of a frivolous
lawsuit | 9 | | pursuant to Section 3-6-3(d) of this Code in which the | 10 | | Department seeks
to revoke up to 180 days of sentence | 11 | | credit, and if the prisoner has not
accumulated 180 days | 12 | | of sentence credit at the time of the dismissal, then
all | 13 | | sentence credit accumulated by the prisoner shall be | 14 | | revoked;
| 15 | | (9) hear by at least 3 members, and, through a panel of | 16 | | at least 3
members, decide whether to grant certificates | 17 | | of relief from
disabilities or certificates of good | 18 | | conduct as provided in Article 5.5 of
Chapter V; | 19 | | (10) upon a petition by a person who has been | 20 | | convicted of a Class 3 or Class 4 felony and who meets the | 21 | | requirements of this paragraph, hear by at least 3 members | 22 | | and, with the unanimous vote of a panel of 3 members, issue | 23 | | a certificate of eligibility for sealing recommending that | 24 | | the court order the sealing of all official
records of the | 25 | | arresting authority, the circuit court clerk, and the | 26 | | Department of State Police concerning the arrest and |
| | | HB0803 | - 6 - | LRB102 11984 KMF 17320 b |
|
| 1 | | conviction for the Class 3 or 4 felony. A person may not | 2 | | apply to the Board for a certificate of eligibility for | 3 | | sealing: | 4 | | (A) until 5 years have elapsed since the | 5 | | expiration of his or her sentence; | 6 | | (B) until 5 years have elapsed since any arrests | 7 | | or detentions by a law enforcement officer for an | 8 | | alleged violation of law, other than a petty offense, | 9 | | traffic offense, conservation offense, or local | 10 | | ordinance offense; | 11 | | (C) if convicted of a violation of the Cannabis | 12 | | Control Act, Illinois Controlled Substances Act, the | 13 | | Methamphetamine Control and Community Protection Act, | 14 | | the Methamphetamine Precursor Control Act, or the | 15 | | Methamphetamine Precursor Tracking Act unless the | 16 | | petitioner has completed a drug abuse program for the | 17 | | offense on which sealing is sought and provides proof | 18 | | that he or she has completed the program successfully; | 19 | | (D) if convicted of: | 20 | | (i) a sex offense described in Article 11 or | 21 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 22 | | the Criminal Code of 1961 or the Criminal Code of | 23 | | 2012; | 24 | | (ii) aggravated assault; | 25 | | (iii) aggravated battery; | 26 | | (iv) domestic battery; |
| | | HB0803 | - 7 - | LRB102 11984 KMF 17320 b |
|
| 1 | | (v) aggravated domestic battery; | 2 | | (vi) violation of an order of protection; | 3 | | (vii) an offense under the Criminal Code of | 4 | | 1961 or the Criminal Code of 2012 involving a | 5 | | firearm; | 6 | | (viii) driving while under the influence of | 7 | | alcohol, other drug or drugs, intoxicating | 8 | | compound or compounds , or any combination thereof; | 9 | | (ix) aggravated driving while under the | 10 | | influence of alcohol, other drug or drugs, | 11 | | intoxicating compound or compounds , or any | 12 | | combination thereof; or | 13 | | (x) any crime defined as a crime of violence | 14 | | under Section 2 of the Crime Victims Compensation | 15 | | Act. | 16 | | If a person has applied to the Board for a certificate | 17 | | of eligibility for sealing and the Board denies the | 18 | | certificate, the person must wait at least 4 years before | 19 | | filing again or filing for pardon from the Governor unless | 20 | | the Chairman of the Prisoner Review Board grants a waiver. | 21 | | The decision to issue or refrain from issuing a | 22 | | certificate of eligibility for sealing shall be at the | 23 | | Board's sole discretion, and shall not give rise to any | 24 | | cause of action against either the Board or its members. | 25 | | The Board may only authorize the sealing of Class 3 | 26 | | and 4 felony convictions of the petitioner from one |
| | | HB0803 | - 8 - | LRB102 11984 KMF 17320 b |
|
| 1 | | information or indictment under this paragraph (10). A | 2 | | petitioner may only receive one certificate of eligibility | 3 | | for sealing under this provision for life; and
| 4 | | (11) upon a petition by a person who after having been | 5 | | convicted of a Class 3 or Class 4 felony thereafter served | 6 | | in the United States Armed Forces or National Guard of | 7 | | this or any other state and had received an honorable | 8 | | discharge from the United States Armed Forces or National | 9 | | Guard or who at the time of filing the petition is enlisted | 10 | | in the United States Armed Forces or National Guard of | 11 | | this or any other state and served one tour of duty and who | 12 | | meets the requirements of this paragraph, hear by at least | 13 | | 3 members and, with the unanimous vote of a panel of 3 | 14 | | members, issue a certificate of eligibility for | 15 | | expungement recommending that the court order the | 16 | | expungement of all official
records of the arresting | 17 | | authority, the circuit court clerk, and the Department of | 18 | | State Police concerning the arrest and conviction for the | 19 | | Class 3 or 4 felony. A person may not apply to the Board | 20 | | for a certificate of eligibility for expungement: | 21 | | (A) if convicted of: | 22 | | (i) a sex offense described in Article 11 or | 23 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 24 | | the Criminal Code of 1961 or Criminal Code of | 25 | | 2012; | 26 | | (ii) an offense under the Criminal Code of |
| | | HB0803 | - 9 - | LRB102 11984 KMF 17320 b |
|
| 1 | | 1961 or Criminal Code of 2012 involving a firearm; | 2 | | or | 3 | | (iii) a crime of violence as defined in | 4 | | Section 2 of the Crime Victims Compensation Act; | 5 | | or | 6 | | (B) if the person has not served in the United | 7 | | States Armed Forces or National Guard of this or any | 8 | | other state or has not received an honorable discharge | 9 | | from the United States Armed Forces or National Guard | 10 | | of this or any other state or who at the time of the | 11 | | filing of the petition is serving in the United States | 12 | | Armed Forces or National Guard of this or any other | 13 | | state and has not completed one tour of duty. | 14 | | If a person has applied to the Board for a certificate | 15 | | of eligibility for expungement and the Board denies the | 16 | | certificate, the person must wait at least 4 years before | 17 | | filing again or filing for a pardon with authorization for | 18 | | expungement from the Governor unless the Governor or | 19 | | Chairman of the Prisoner Review Board grants a waiver. | 20 | | (a-5) The Prisoner Review Board, with the cooperation of | 21 | | and in
coordination with the Department of Corrections and the | 22 | | Department of Central
Management Services, shall implement a | 23 | | pilot project in 3 correctional
institutions providing for the | 24 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 25 | | (a) of this Section through interactive video conferences.
The
| 26 | | project shall be implemented within 6 months after January 1, |
| | | HB0803 | - 10 - | LRB102 11984 KMF 17320 b |
|
| 1 | | 1997 ( the effective date of Public Act 89-490) this
amendatory | 2 | | Act of 1996 . Within 6 months after the implementation of the | 3 | | pilot
project, the Prisoner Review Board, with the cooperation | 4 | | of and in coordination
with the Department of Corrections and | 5 | | the Department of Central Management
Services, shall report to | 6 | | the Governor and the General Assembly regarding the
use, | 7 | | costs, effectiveness, and future viability of interactive | 8 | | video
conferences for Prisoner Review Board hearings.
| 9 | | (b) Upon recommendation of the Department the Board may | 10 | | restore sentence credit previously revoked.
| 11 | | (c) The Board shall cooperate with the Department in | 12 | | promoting an
effective system of parole and mandatory | 13 | | supervised release.
| 14 | | (d) The Board shall promulgate rules for the conduct of | 15 | | its work,
and the Chairman shall file a copy of such rules and | 16 | | any amendments
thereto with the Director and with the | 17 | | Secretary of State.
| 18 | | (e) The Board shall keep records of all of its official | 19 | | actions and
shall make them accessible in accordance with law | 20 | | and the rules of the
Board.
| 21 | | (f) The Board or one who has allegedly violated the | 22 | | conditions of
his or her parole, aftercare release, or | 23 | | mandatory supervised release may require by subpoena the
| 24 | | attendance and testimony of witnesses and the production of | 25 | | documentary
evidence relating to any matter under | 26 | | investigation or hearing. The
Chairman of the Board may sign |
| | | HB0803 | - 11 - | LRB102 11984 KMF 17320 b |
|
| 1 | | subpoenas which shall be served by any
agent or public | 2 | | official authorized by the Chairman of the Board, or by
any | 3 | | person lawfully authorized to serve a subpoena under the laws | 4 | | of the
State of Illinois. The attendance of witnesses, and the | 5 | | production of
documentary evidence, may be required from any | 6 | | place in the State to a
hearing location in the State before | 7 | | the Chairman of the Board or his or her
designated agent or | 8 | | agents or any duly constituted Committee or
Subcommittee of | 9 | | the Board. Witnesses so summoned shall be paid the same
fees | 10 | | and mileage that are paid witnesses in the circuit courts of | 11 | | the
State, and witnesses whose depositions are taken and the | 12 | | persons taking
those depositions are each entitled to the same | 13 | | fees as are paid for
like services in actions in the circuit | 14 | | courts of the State. Fees and
mileage shall be vouchered for | 15 | | payment when the witness is discharged
from further | 16 | | attendance.
| 17 | | In case of disobedience to a subpoena, the Board may | 18 | | petition any
circuit court of the State for an order requiring | 19 | | the attendance and
testimony of witnesses or the production of | 20 | | documentary evidence or
both. A copy of such petition shall be | 21 | | served by personal service or by
registered or certified mail | 22 | | upon the person who has failed to obey the
subpoena, and such | 23 | | person shall be advised in writing that a hearing
upon the | 24 | | petition will be requested in a court room to be designated in
| 25 | | such notice before the judge hearing motions or extraordinary | 26 | | remedies
at a specified time, on a specified date, not less |
| | | HB0803 | - 12 - | LRB102 11984 KMF 17320 b |
|
| 1 | | than 10 nor more than
15 days after the deposit of the copy of | 2 | | the written notice and petition
in the U.S. mail mails | 3 | | addressed to the person at his or her last known address or
| 4 | | after the personal service of the copy of the notice and | 5 | | petition upon
such person. The court upon the filing of such a | 6 | | petition, may order the
person refusing to obey the subpoena | 7 | | to appear at an investigation or
hearing, or to there produce | 8 | | documentary evidence, if so ordered, or to
give evidence | 9 | | relative to the subject matter of that investigation or
| 10 | | hearing. Any failure to obey such order of the circuit court | 11 | | may be
punished by that court as a contempt of court.
| 12 | | Each member of the Board and any hearing officer | 13 | | designated by the
Board shall have the power to administer | 14 | | oaths and to take the testimony
of persons under oath.
| 15 | | (g) Except under subsection (a) of this Section, a | 16 | | majority of the
members then appointed to the Prisoner Review | 17 | | Board shall constitute a
quorum for the transaction of all | 18 | | business of the Board.
| 19 | | (h) The Prisoner Review Board shall annually transmit to | 20 | | the
Director a detailed report of its work for the preceding | 21 | | calendar year.
The annual report shall also be transmitted to | 22 | | the Governor for
submission to the Legislature.
| 23 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20; | 24 | | revised 8-19-20.)
| 25 | | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
|
| | | HB0803 | - 13 - | LRB102 11984 KMF 17320 b |
|
| 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 Department of | 4 | | Corrections at
least 30 days prior to the date he or she shall | 5 | | first become
eligible for parole.
| 6 | | (b) A person eligible for parole shall, no less than 15 | 7 | | days in advance of
his or her parole interview, prepare a | 8 | | parole plan in accordance
with the rules of the Prisoner | 9 | | Review Board. The person
shall be assisted in preparing his or | 10 | | her parole plan by personnel
of the Department of Corrections, | 11 | | and may, for this purpose, be released
on furlough under | 12 | | Article 11. The Department shall also provide
assistance in | 13 | | obtaining information and records helpful to
the individual | 14 | | for his or her parole hearing. If the person eligible for | 15 | | parole has a petition or any written submissions prepared on | 16 | | his or her behalf by an attorney or other representative, the | 17 | | attorney or representative for the person eligible for parole | 18 | | must serve by certified mail the State's Attorney of the | 19 | | county where he or she was prosecuted with the petition or any | 20 | | written submissions 15 days after his or her parole interview. | 21 | | Within the same time period, the The State's Attorney shall | 22 | | provide the attorney for the person eligible for parole with a | 23 | | copy of his or her letter in opposition to parole via certified | 24 | | mail . Each party may respond to the other's submission within | 25 | | 5 business days of the en banc hearing.
| 26 | | (c) Any member of the Board shall have access at all
|
| | | HB0803 | - 14 - | LRB102 11984 KMF 17320 b |
|
| 1 | | reasonable times to any committed person and to his or her | 2 | | master
record file within the Department, and the Department | 3 | | shall
furnish such a report to the Board
concerning the | 4 | | conduct and character of any such person prior to his or her | 5 | | parole interview.
| 6 | | (d) In making its determination of parole, the Board
shall | 7 | | consider:
| 8 | | (1) (blank);
| 9 | | (2) the report under Section 3-8-2 or 3-10-2;
| 10 | | (3) a report by the Department and any report by the
| 11 | | chief administrative officer of the institution or | 12 | | facility;
| 13 | | (4) a parole progress report;
| 14 | | (5) a medical and psychological report, if requested
| 15 | | by the Board;
| 16 | | (6) material in writing, or on film, video tape or | 17 | | other electronic
means in the form of a recording | 18 | | submitted by the person whose parole
is being considered;
| 19 | | (7) material in writing, or on film, video tape or | 20 | | other electronic
means in the form of a recording or | 21 | | testimony submitted by the State's
Attorney and the victim | 22 | | or a concerned citizen pursuant to the Rights of Crime | 23 | | Victims and Witnesses Act; and
| 24 | | (8) the person's eligibility for commitment under the | 25 | | Sexually Violent Persons Commitment Act. | 26 | | (e) The prosecuting State's Attorney's office shall |
| | | HB0803 | - 15 - | LRB102 11984 KMF 17320 b |
|
| 1 | | receive from the Board reasonable
written notice not less than | 2 | | 30 days prior to the parole interview and may
submit relevant | 3 | | information by oral argument or testimony of victims and | 4 | | concerned citizens, or both, in writing, or on film, video | 5 | | tape or other
electronic means or in the form of a recording to | 6 | | the Board for its
consideration. Upon written request of the | 7 | | State's Attorney's office, the Prisoner Review Board shall | 8 | | hear protests to parole, except in counties of 1,500,000 or | 9 | | more inhabitants where there shall be standing objections to | 10 | | all such petitions. If a State's Attorney who represents a | 11 | | county of less than 1,500,000 inhabitants requests a protest | 12 | | hearing, the inmate's counsel or other representative shall | 13 | | also receive notice of such request.
This hearing shall take | 14 | | place the month following the inmate's parole interview. If | 15 | | the inmate's parole interview is rescheduled then the Prisoner | 16 | | Review Board shall promptly notify the State's Attorney of the | 17 | | new date. The person eligible for parole shall be heard at the | 18 | | next scheduled en banc hearing date. If the case is to be | 19 | | continued, the State's Attorney's office and the attorney or | 20 | | representative for the person eligible for parole will be | 21 | | notified of any continuance within 5 business days. The | 22 | | State's Attorney may waive the written notice.
| 23 | | (f) The victim of the violent crime for which the prisoner | 24 | | has been
sentenced shall receive notice of a parole hearing as | 25 | | provided in paragraph
(4) of subsection (d) of Section 4.5 of | 26 | | the Rights of Crime Victims and Witnesses
Act.
|
| | | HB0803 | - 16 - | LRB102 11984 KMF 17320 b |
|
| 1 | | (g) Any recording considered under the provisions of | 2 | | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 3 | | the form designated by the Board.
Such recording shall be both | 4 | | visual and aural. Every voice on the
recording and person | 5 | | present shall be identified and the recording shall
contain | 6 | | either a visual or aural statement of the person submitting | 7 | | such
recording, the date of the recording and the name of the | 8 | | person whose
parole eligibility is being considered. Such | 9 | | recordings shall be retained by
the Board and shall be deemed | 10 | | to be submitted at any subsequent parole hearing
if the victim | 11 | | or State's Attorney submits in writing a declaration clearly
| 12 | | identifying such recording as representing the present | 13 | | position of the
victim or State's Attorney regarding the | 14 | | issues to be considered at the parole
hearing.
| 15 | | (h) The Board shall not release any material to the | 16 | | inmate, the inmate's attorney, any third party, or any other | 17 | | person containing any information from a victim who has | 18 | | written objections, testified at any hearing, or submitted | 19 | | audio or visual objections to the inmate's parole, unless | 20 | | provided with a waiver from that victim. Victim statements | 21 | | provided to the Board shall be confidential and privileged, | 22 | | including any statements received prior to the effective date | 23 | | of this amendatory Act of the 101st General Assembly, except | 24 | | if the statement was an oral statement made by the victim at a | 25 | | hearing open to the public. The Board shall not release the | 26 | | names or addresses of any person on its victim registry to any |
| | | HB0803 | - 17 - | LRB102 11984 KMF 17320 b |
|
| 1 | | other person except the victim, a law enforcement agency, or | 2 | | other victim notification system. | 3 | | (Source: P.A. 101-288, eff. 1-1-20 .)
| 4 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 5 | | Sec. 3-3-5. Hearing and determination.
| 6 | | (a) The Prisoner
Review Board shall meet as often as need | 7 | | requires to consider
the cases of persons eligible for parole. | 8 | | Except as otherwise
provided in paragraph (2) of subsection | 9 | | (a) of Section 3-3-2
of this Act, the Prisoner Review Board may | 10 | | meet and
order its actions in panels of 3 or more members. The | 11 | | action
of a majority of the panel shall be the action of the | 12 | | Board.
| 13 | | (b) If the person under consideration for parole is in the
| 14 | | custody of the Department, at least one member of the Board
| 15 | | shall interview him or her, and a report of that interview | 16 | | shall be
available for the Board's consideration. However, in | 17 | | the
discretion of the Board, the interview need not be | 18 | | conducted
if a psychiatric examination determines that the | 19 | | person could
not meaningfully contribute to the Board's | 20 | | consideration. The
Board may in its discretion parole a person | 21 | | who is then outside
the jurisdiction on his or her record | 22 | | without an interview. The Board
need not hold a hearing or | 23 | | interview a person who is paroled
under paragraphs (d) or (e) | 24 | | of this Section or released on
Mandatory release under Section | 25 | | 3-3-10.
|
| | | HB0803 | - 18 - | LRB102 11984 KMF 17320 b |
|
| 1 | | (c) The Board shall not parole a person eligible for
| 2 | | parole if it determines that:
| 3 | | (1) there is a substantial risk that he or she will not
| 4 | | conform to reasonable conditions of parole or aftercare | 5 | | release; or
| 6 | | (2) his or her release at that time would deprecate | 7 | | the
seriousness of his or her offense or promote | 8 | | disrespect for the law; or
| 9 | | (3) his or her release would have a substantially | 10 | | adverse
effect on institutional discipline.
| 11 | | (d) (Blank).
| 12 | | (e) A person who has served the maximum term of
| 13 | | imprisonment imposed at the time of sentencing less time
| 14 | | credit for good behavior shall be released on parole to
serve a | 15 | | period of parole under Section 5-8-1.
| 16 | | (f) The Board shall render its decision within a
| 17 | | reasonable time after hearing and shall state the basis
| 18 | | therefor both in the records of the Board and in written
notice | 19 | | to the person on whose application it has acted.
In its | 20 | | decision, the Board shall set the person's time
for parole, or | 21 | | if it denies parole it shall provide for
a rehearing not less | 22 | | frequently than once every
year, except that the Board may,
| 23 | | after denying parole,
schedule a rehearing no later than 2 5 | 24 | | years from the date of the parole
denial, if the Board finds | 25 | | that it is not reasonable to expect that parole
would be | 26 | | granted at a hearing prior to the scheduled rehearing date. If |
| | | HB0803 | - 19 - | LRB102 11984 KMF 17320 b |
|
| 1 | | the
Board shall parole a person, and, if he or she is not | 2 | | released within 90 days from
the effective date of the order | 3 | | granting parole, the matter shall be
returned to the Board for | 4 | | review.
| 5 | | (f-1) If the Board paroles a person who is eligible for | 6 | | commitment as a sexually violent person, the effective date of | 7 | | the Board's order shall be stayed for 90 days for the purpose | 8 | | of evaluation and proceedings under the Sexually Violent | 9 | | Persons Commitment Act. | 10 | | (g) The Board shall maintain a registry of decisions in | 11 | | which parole
has been granted, which shall include the name | 12 | | and case number of the
prisoner, the highest charge for which | 13 | | the prisoner was sentenced, the
length of sentence imposed, | 14 | | the date of the sentence, the date of the
parole, and the basis | 15 | | for the decision of the Board to grant parole and the
vote of | 16 | | the Board on any such decisions. The registry shall be made | 17 | | available
for public inspection and copying during business | 18 | | hours and shall be a public
record pursuant to the provisions | 19 | | of the Freedom of Information Act.
| 20 | | (h) The Board shall promulgate rules regarding the | 21 | | exercise
of its discretion under this Section.
| 22 | | (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; | 23 | | 99-628, eff. 1-1-17 .)
|
|