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92_HB0029
LRB9201000RCcd
1 AN ACT to amend the Unified Code of Corrections by
2 changing Sections 3-3-2, 3-3-4, 3-3-5, and 3-3-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended
6 by changing Sections 3-3-2, 3-3-4, 3-3-5, and 3-3-8 as
7 follows:
8 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
9 Sec. 3-3-2. Powers and Duties.
10 (a) The Parole and Pardon Board is abolished and the
11 term "Parole and Pardon Board" as used in any law of
12 Illinois, shall read "Prisoner Review Board." After the
13 effective date of this amendatory Act of 1977, the Prisoner
14 Review Board shall provide by rule for the orderly transition
15 of all files, records, and documents of the Parole and Pardon
16 Board and for such other steps as may be necessary to effect
17 an orderly transition and shall:
18 (1) hear and decide through a panel of 3 members by
19 at least one member and through a panel of at least 5
20 members decide, cases of prisoners who were sentenced
21 under the law in effect prior to the effective date of
22 this amendatory Act of 1977, and who are eligible for
23 parole;
24 (2) hear by at least one member and through a panel
25 of at least 3 5 members decide, the conditions of parole
26 and the time of discharge from parole, impose sanctions
27 for violations of parole, and revoke parole for those
28 sentenced under the law in effect prior to this
29 amendatory Act of 1977; provided that the decision to
30 parole and the conditions of parole for all prisoners who
31 were sentenced for first degree murder or who received a
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1 minimum sentence of 20 years or more under the law in
2 effect prior to February 1, 1978 shall be determined by a
3 majority vote of the Prisoner Review Board;
4 (3) hear by at least one member and through a panel
5 of at least 5 members decide, the conditions of mandatory
6 supervised release and the time of discharge from
7 mandatory supervised release, impose sanctions for
8 violations of mandatory supervised release, and revoke
9 mandatory supervised release for those sentenced under
10 the law in effect after the effective date of this
11 amendatory Act of 1977;
12 (4) hear by at least 1 member and through a panel
13 of at least 5 members, decide cases brought by the
14 Department of Corrections against a prisoner in the
15 custody of the Department for alleged violation of
16 Department rules with respect to good conduct credits
17 pursuant to Section 3-6-3 of this Code in which the
18 Department seeks to revoke good conduct credits, if the
19 amount of time at issue exceeds 30 days or when, during
20 any 12 month period, the cumulative amount of credit
21 revoked exceeds 30 days except where the infraction is
22 committed or discovered within 60 days of scheduled
23 release. In such cases, the Department of Corrections may
24 revoke up to 30 days of good conduct credit. The Board
25 may subsequently approve the revocation of additional
26 good conduct credit, if the Department seeks to revoke
27 good conduct credit in excess of thirty days. However,
28 the Board shall not be empowered to review the
29 Department's decision with respect to the loss of 30 days
30 of good conduct credit for any prisoner or to increase
31 any penalty beyond the length requested by the
32 Department;
33 (5) hear by at least one member and through a panel
34 of at least 5 members decide, the release dates for
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1 certain prisoners sentenced under the law in existence
2 prior to the effective date of this amendatory Act of
3 1977, in accordance with Section 3-3-2.1 of this Code;
4 (6) hear by at least one member and through a panel
5 of at least 5 members decide, all requests for pardon,
6 reprieve or commutation, and make confidential
7 recommendations to the Governor;
8 (7) comply with the requirements of the Open Parole
9 Hearings Act; and
10 (8) hear by at least one member and, through a
11 panel of at least 5 members, decide cases brought by the
12 Department of Corrections against a prisoner in the
13 custody of the Department for court dismissal of a
14 frivolous lawsuit pursuant to Section 3-6-3(d) of this
15 Code in which the Department seeks to revoke up to 180
16 days of good conduct credit, and if the prisoner has not
17 accumulated 180 days of good conduct credit at the time
18 of the dismissal, then all good conduct credit
19 accumulated by the prisoner shall be revoked.
20 (a-5) The Prisoner Review Board, with the cooperation of
21 and in coordination with the Department of Corrections and
22 the Department of Central Management Services, shall
23 implement a pilot project in 3 correctional institutions
24 providing for the conduct of hearings under paragraphs (1)
25 and (4) of subsection (a) of this Section through interactive
26 video conferences. The project shall be implemented within 6
27 months after the effective date of this amendatory Act of
28 1996. Within 6 months after the implementation of the pilot
29 project, the Prisoner Review Board, with the cooperation of
30 and in coordination with the Department of Corrections and
31 the Department of Central Management Services, shall report
32 to the Governor and the General Assembly regarding the use,
33 costs, effectiveness, and future viability of interactive
34 video conferences for Prisoner Review Board hearings.
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1 (b) Upon recommendation of the Department the Board may
2 restore good conduct credit previously revoked.
3 (c) The Board shall cooperate with the Department in
4 promoting an effective system of parole and mandatory
5 supervised release.
6 (d) The Board shall promulgate rules for the conduct of
7 its work, and the Chairman shall file a copy of such rules
8 and any amendments thereto with the Director and with the
9 Secretary of State.
10 (e) The Board shall keep records of all of its official
11 actions and shall make them accessible in accordance with law
12 and the rules of the Board.
13 (f) The Board or one who has allegedly violated the
14 conditions of his parole or mandatory supervised release may
15 require by subpoena the attendance and testimony of witnesses
16 and the production of documentary evidence relating to any
17 matter under investigation or hearing. The Chairman of the
18 Board may sign subpoenas which shall be served by any agent
19 or public official authorized by the Chairman of the Board,
20 or by any person lawfully authorized to serve a subpoena
21 under the laws of the State of Illinois. The attendance of
22 witnesses, and the production of documentary evidence, may be
23 required from any place in the State to a hearing location in
24 the State before the Chairman of the Board or his designated
25 agent or agents or any duly constituted Committee or
26 Subcommittee of the Board. Witnesses so summoned shall be
27 paid the same fees and mileage that are paid witnesses in the
28 circuit courts of the State, and witnesses whose depositions
29 are taken and the persons taking those depositions are each
30 entitled to the same fees as are paid for like services in
31 actions in the circuit courts of the State. Fees and mileage
32 shall be vouchered for payment when the witness is discharged
33 from further attendance.
34 In case of disobedience to a subpoena, the Board may
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1 petition any circuit court of the State for an order
2 requiring the attendance and testimony of witnesses or the
3 production of documentary evidence or both. A copy of such
4 petition shall be served by personal service or by registered
5 or certified mail upon the person who has failed to obey the
6 subpoena, and such person shall be advised in writing that a
7 hearing upon the petition will be requested in a court room
8 to be designated in such notice before the judge hearing
9 motions or extraordinary remedies at a specified time, on a
10 specified date, not less than 10 nor more than 15 days after
11 the deposit of the copy of the written notice and petition in
12 the U.S. mails addressed to the person at his last known
13 address or after the personal service of the copy of the
14 notice and petition upon such person. The court upon the
15 filing of such a petition, may order the person refusing to
16 obey the subpoena to appear at an investigation or hearing,
17 or to there produce documentary evidence, if so ordered, or
18 to give evidence relative to the subject matter of that
19 investigation or hearing. Any failure to obey such order of
20 the circuit court may be punished by that court as a contempt
21 of court.
22 Each member of the Board and any hearing officer
23 designated by the Board shall have the power to administer
24 oaths and to take the testimony of persons under oath.
25 (g) Except under subsection (a) of this Section, a
26 majority of the members then appointed to the Prisoner Review
27 Board shall constitute a quorum for the transaction of all
28 business of the Board.
29 (h) The Prisoner Review Board shall annually transmit to
30 the Director a detailed report of its work for the preceding
31 calendar year. The annual report shall also be transmitted to
32 the Governor for submission to the Legislature.
33 (Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00.)
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1 (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
2 Sec. 3-3-4. Preparation for Parole Hearing.
3 (a) The Prisoner Review Board shall consider the parole
4 of each eligible person committed to the Adult Division at
5 least 30 days prior to the date he shall first become
6 eligible for parole, and shall consider the parole of each
7 person committed to the Juvenile Division as a delinquent at
8 least 30 days prior to the expiration of the first year of
9 confinement.
10 (b) A person eligible for parole shall, in advance of
11 his parole hearing, prepare a parole plan in accordance with
12 the rules of the Prisoner Review Board. The person shall be
13 assisted in preparing his parole plan by personnel of the
14 Department and may, for this purpose, be released on furlough
15 under Article 11 or on authorized absence under Section
16 3-9-4. The Department shall also provide assistance in
17 obtaining information and records helpful to the individual
18 for his parole hearing.
19 (c) The members of the Board shall have access at all
20 reasonable times to any committed person and to his master
21 record file within the Department, and the Department shall
22 furnish such reports to the Board as the Board may require
23 concerning the conduct and character of any such person.
24 (d) In making its determination of parole, with use of
25 Parole Release Risk Assessment Instruments, the Board shall
26 consider:
27 (1) material transmitted to the Department by the
28 clerk of the committing court under Section 5-4-1 or
29 Section 5-10 of the Juvenile Court Act or Section 5-750
30 of the Juvenile Court Act of 1987;
31 (2) the report under Section 3-8-2 or 3-10-2;
32 (3) a report by the Department and any report by
33 the chief administrative officer of the institution or
34 facility;
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1 (4) a parole progress report;
2 (5) a medical and psychological report, if
3 requested by the Board;
4 (6) material in writing, or on film, video tape or
5 other electronic means in the form of a recording
6 submitted by the person whose parole is being considered;
7 and
8 (7) material in writing, or on film, video tape or
9 other electronic means in the form of a recording or
10 testimony submitted by the State's Attorney and the
11 victim pursuant to the Bill of Rights for Victims and
12 Witnesses of Violent Crime Act, other than statements
13 required to be excluded under subsection (d-5)
14 (d-5) In making its determination of parole, the Board
15 shall not consider statements filed with the clerk of the
16 court by the State's Attorney under subsection (d) of Section
17 5-4-1.
18 (e) The prosecuting State's Attorney's office shall
19 receive reasonable written notice not less than 15 days prior
20 to the parole hearing and may submit relevant information in
21 writing, or on film, video tape or other electronic means or
22 in the form of a recording to the Board for its
23 consideration. The State's Attorney may waive the written
24 notice.
25 (f) The victim of the violent crime for which the
26 prisoner has been sentenced shall receive notice of a parole
27 hearing as provided in paragraph (16) of Section 4 of the
28 Bill of Rights for Victims and Witnesses of Violent Crime
29 Act.
30 (g) Any recording considered under the provisions of
31 subsection (d)(6), (d)(7) or (e) of this Section shall be in
32 the form designated by the Board. Such recording shall be
33 both visual and aural. Every voice on the recording and
34 person present shall be identified and the recording shall
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1 contain either a visual or aural statement of the person
2 submitting such recording, the date of the recording and the
3 name of the person whose parole eligibility is being
4 considered. Such recordings, if retained by the Board shall
5 be deemed to be submitted at any subsequent parole hearing if
6 the victim or State's Attorney submits in writing a
7 declaration clearly identifying such recording as
8 representing the present position of the victim or State's
9 Attorney regarding the issues to be considered at the parole
10 hearing.
11 (Source: P.A. 90-590, eff. 1-1-99.)
12 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
13 Sec. 3-3-5. Hearing and Determination.
14 (a) The Prisoner Review Board shall meet as often as
15 need requires to consider the cases of persons eligible for
16 parole. Except as otherwise provided in paragraph (2) of
17 subsection (a) of Section 3-3-2 of this Act, The Prisoner
18 Review Board may meet and order its actions in panels of 3 5
19 or more members. The action of a majority of the panel shall
20 be the action of the Board. In consideration of persons
21 committed to the Juvenile Division, the panel shall have at
22 least a majority of members experienced in juvenile matters.
23 (b) If the person under consideration for parole is in
24 the custody of the Department, a panel of 3 members at least
25 one member of the Board shall interview him, and a report of
26 that interview shall be available for the Board's
27 consideration. However, in the discretion of the Board, the
28 interview need not be conducted if a psychiatric examination
29 determines that the person could not meaningfully contribute
30 to the Board's consideration. The Board may in its discretion
31 parole a person who is then outside the jurisdiction on his
32 record without an interview. The Board need not hold a
33 hearing or interview a person who is paroled under paragraphs
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1 (d) or (e) of this Section or released on Mandatory release
2 under Section 3-3-10.
3 (c) Following the hearing the parole release panel shall
4 adjourn into a conference. In conference the panel shall
5 discuss all evidence and testimony received and shall
6 exchange views concerning the weight and credibility to be
7 given the evidence considered prior to application of Parole
8 Release Risk Assessment Instruments. Following the
9 conference, the parole release panel shall total the scores
10 of the Parole Release Risk Assessment Instrument. A score of
11 39 or less classifies the parole applicant as an acceptable
12 risk, and parole shall be granted. A score of 40 or more
13 classifies the parole applicant as an unacceptable risk, and
14 parole shall be denied unless the score is overridden by a
15 majority vote of the panel. When parole is denied a
16 rationale shall be prepared by at least one member of the
17 panel that states which elements of the Parole Release Risk
18 Assessment Instruments serve as the basis for denial and that
19 must change so that the parole applicant becomes an
20 Acceptable Risk. The Board shall arrive at the parole release
21 decision based on use of objective risk assessment
22 instruments and as an exercise of grace and executing
23 discretion as limited and defined in subsection (b-5) of
24 Section 3-3-8. The Board shall parole persons receiving a
25 total score of 39 or less on the Parole Release Risk
26 Assessment Instrument, and shall not parole those receiving a
27 score of 40 or more unless the score is overridden by a
28 majority vote of the parole release panel.
29 In determining whether to grant or deny parole, the Board
30 shall determine whether the parole applicant is an Acceptable
31 Risk, and the Instrument it uses shall include factors
32 evident from the inmates' prior history, committing offense,
33 institutional adjustment, and parole plan, and
34 rehabilitation, as contained in the Parole Release Risk
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1 Assessment Instrument as follows:
2 (1) Total number of adjudications as a delinquent minor.
3 (A) None............................. Enter 0
4 (B) One.............................. Enter 1
5 Two or more........................... Enter 3 .....
6 (2) Total number of prior probation/parole
7 /release revocations.
8 (A) one.............................. Enter 0
9 (B) One or more...................... Enter 2 .....
10 (3) Record of convictions or adjudications
11 for selected offenses (include current
12 offense).
13 (A) None of the below................ Enter 0
14 (B) Forgery, deceptive practices..... Enter 1
15 (C) Other property, assaultive, or
16 weapons offense.................. Enter 2
17 (D) Burglary......................... Enter 3 .....
18 (4) Age at first conviction or
19 adjudication.
20 (A) 19 years or less................. Enter 0
21 (B) 20-23 years...................... Enter 1
22 (C) 24 years or older................ Enter 2 .....
23 (5) Compliance with the conditions of
24 the institution (Last 15 years).
25 (A) Total major tickets 0-3.......... Enter 0
26 (B) Total major tickets 4-10......... Enter 2
27 (C) Total tickets ll+ or any one of
28 these tickets (escape, gang
29 activity, murder/death,
30 dangerous disturbance, assault,
31 forced sexual, misconduct
32 or arson)........................ Enter 4 .....
33 (6) Percent of time employed/in
34 training/in school-current (in
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1 institution) or percent of time
2 employed/in training/in school
3 immediately prior to incarceration.
4 (A) 60% or more...................... Enter 0
5 (B) 40-59%........................... Enter 3
6 (C) Under 40%........................ Enter 2
7 (D) Other............................ Enter 0 .....
8 (7) Interpersonal problems in current
9 and/or previous living situation.
10 (A) None............................. Enter 0
11 (B) Few.............................. Enter 1
12 (C) Moderate......................... Enter 3
13 (D) Severe........................... Enter 5 .....
14 (8) Social interaction.
15 (A) Mainly with non-gang or
16 non-criminally oriented
17 groups/individuals............... Enter 0
18 (B) Mainly with gang or criminally
19 oriented groups/individuals Enter 3 .....
20 (9) Counselor's appraisal of inmate's
21 attitude.
22 (A) Sincere desire to behave
23 responsibly...................... Enter 0
24 (B) Dependent or irresponsible....... Enter 3
25 (C) No indication of motivation to
26 behave responsibly............... Enter 5 .....
27 (10) Likelihood of basic human needs
28 after release.
29 (A) Adequate food, shelter, and
30 clothing for inmate and
31 dependents is likely............. Enter 0
32 (B) Appropriate referrals for
33 assistance in ensuring that basic
34 needs are satisfied will be needed
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1 - follow-up will be necessary.... Enter 3
2 (C) Critical Problems - inmate and
3 dependents will lack basic life
4 essentials - urgent referral and
5 monitoring will be necessary..... Enter 7 .....
6 (11) Likelihood of living arrangements
7 after release.
8 (A) Stable and supportive relationships
9 with family or others in living
10 group is likely.................. Enter 0
11 (B) Inmate likely to live alone or
12 independently within another
13 household........................ Enter 1
14 (C) Inmate likely to experience
15 occasional, moderate
16 interpersonal problems with
17 living group..................... Enter 3
18 (D) Inmate likely to experience
19 frequent and serious interpersonal
20 problems within living group.......... Enter 6 .....
21 (12) Emotional stability.
22 (A) no symptoms of emotional
23 instability, appropriate
24 emotional responses.............. Enter 0
25 (B) Symptoms limit, but do not
26 prohibit adequate functions, e.g.,
27 excessive anxiety................ Enter 4 .....
28 (13) Symptoms prohibit adequate
29 functioning, e.g., lashes out or
30 retreats into self.................... Enter 8 .....
31 (14) Mental capacity.
32 (A) No documented mental retardation,
33 learning disability or other
34 developmental disability.............. Enter 0
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1 (B) Documented mental retardation,
2 learning disability, or other
3 developmental disability.............. Enter 6 .....
4 (15) History of and/or current substance
5 abuse (alcohol or drugs).
6 (A) No evidence of problems related
7 to substance abuse.................... Enter 0
8 (B) Evidence of a pattern of substance
9 abuse indicates a counseling/monitoring
10 and/or referral need required......... Enter 4 .....
11 (16) Evidence of serious substance
12 abuse problems - intensive casework
13 services.............................. Enter 7 .....
14 (17) Academic and/or vocational.
15 (A) Inmate likely to have stable
16 employment and/or academic-
17 vocational training, no apparent
18 casework service need or inmate
19 and dependents supported by other
20 legitimate means (Social Security,
21 Public Aid, etc.)................ Enter 0
22 (B) It is likely that vocational
23 advancement and/or training referral
24 assistance needs apparent and
25 desired by inmate; brokerage
26 services likely to be indicated
27 and/or utilized.................. Enter 3
28 (C) Inmate is likely to be resistant
29 to vocational-academic case work
30 services and/or to rely upon
31 inappropriate or illegal means of
32 support.......................... Enter 7 .....
33 (18) Counselor's impression of inmate needs.
34 (A) Low casework service needs....... Enter 1
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1 (B) Medium casework service needs.... Enter 4
2 (C) High casework service needs...... Enter 7 .....
3 The Board shall not parole a person eligible for
4 parole if it determines that:
5 (1) there is a substantial risk that he will not
6 conform to reasonable conditions of parole; or
7 (2) his release at that time would deprecate the
8 seriousness of his offense or promote disrespect for the
9 law; or
10 (3) his release would have a substantially adverse
11 effect on institutional discipline.
12 (d) A person committed under the Juvenile Court Act or
13 the Juvenile Court Act of 1987 who has not been sooner
14 released shall be paroled on or before his 20th birthday to
15 begin serving a period of parole under Section 3-3-8.
16 (e) A person who has served the maximum term of
17 imprisonment imposed at the time of sentencing less time
18 credit for good behavior shall be released on parole to serve
19 a period of parole under Section 5-8-1.
20 (f) The Board shall render its decision within a
21 reasonable time after hearing and shall state the basis
22 therefor both in the records of the Board and in written
23 notice to the person on whose application it has acted. In
24 its decision, the Board shall set the person's time for
25 parole, or if it denies parole it shall provide for a
26 rehearing not less frequently than once every year, except
27 that the Board may, after denying parole, schedule a
28 rehearing no later than 3 years from the date of the parole
29 denial, if the Board finds that it is not reasonable to
30 expect that parole would be granted at a hearing prior to the
31 scheduled rehearing date. If the Board shall parole a person,
32 and, if he is not released within 90 days from the effective
33 date of the order granting parole, the matter shall be
34 returned to the Board for review.
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1 (g) The Board shall maintain a registry of decisions in
2 which parole has been granted, which shall include the name
3 and case number of the prisoner, the highest charge for which
4 the prisoner was sentenced, the length of sentence imposed,
5 the date of the sentence, the date of the parole, the basis
6 for the decision of the Board to grant parole and the vote of
7 the Board on any such decisions. The registry shall be made
8 available for public inspection and copying during business
9 hours and shall be a public record pursuant to the provisions
10 of the Freedom of Information Act.
11 (h) The Board shall promulgate rules regarding the
12 exercise of its discretion under this Section.
13 (i) There is created the Parole Oversight Committee
14 composed of 6 members appointed by the Governor with the
15 advice and consent of the Senate. Each Committee member
16 shall be knowledgeable in the field of corrections. The
17 Committee shall include at least 3 members who are advocates
18 of prisoners' rights. No more than 3 members of the
19 Committee shall be members of the same political party. A
20 Committee member shall receive no compensation for his or her
21 services as a member of the Committee but may be reimbursed
22 for actual expenses incurred in the performance of his or her
23 duties as a member of the Committee. The Committee shall
24 choose its chair and such other officers as it deems
25 necessary. The Committee shall meet at least once monthly and
26 may reverse parole decisions made by the Prisoner Review
27 Board that are made contrary to law.
28 (Source: P.A. 91-798, eff. 7-9-00.)
29 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
30 Sec. 3-3-8. Length of parole and mandatory supervised
31 release; discharge.)
32 (a) Unless sooner terminated under paragraph (b), the
33 length of parole for a person sentenced under the law in
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1 effect prior to January 1, 1973 the effective date of this
2 amendatory Act of 1977 shall be as follows:
3 (1) for murder or a Class X felony, 3 years;
4 (2) for a Class 1 or 2 felony, 2 years;
5 (3) for a Class 3 or 4 felony, one year.
6 and The length of mandatory supervised release for those
7 sentenced under the law in effect on and after February 1,
8 1978 and on and after January 1, 1973 and prior to February
9 1, 1978 such effective date shall be as set out in Section
10 5-8-1 unless sooner terminated under paragraph (b) of this
11 Section. The parole period of a juvenile committed to the
12 Department under the Juvenile Court Act or the Juvenile Court
13 Act of 1987 shall extend until he is 21 years of age unless
14 sooner terminated under paragraph (b) of this Section.
15 (b) The Prisoner Review Board may enter an order
16 releasing and discharging one from parole or mandatory
17 supervised release, and his commitment to the Department,
18 when it determines that he is likely to remain at liberty
19 without committing another offense.
20 (b-5) The Prisoner Review Board shall enter an order
21 releasing a person who is eligible for parole from
22 confinement in a correctional institution or facility,
23 regardless of the Parole Risk Assessment Instruments, if in
24 the assessment of a physician licensed to practice medicine
25 in all of its branches the person is terminally ill and would
26 not pose a threat of causing death or great bodily injury to
27 another person if released.
28 (c) The order of discharge shall become effective upon
29 entry of the order of the Board. The Board shall notify the
30 clerk of the committing court of the order. Upon receipt of
31 such copy, the clerk shall make an entry on the record
32 judgment that the sentence or commitment has been satisfied
33 pursuant to the order.
34 (d) Rights of the person discharged under this Section
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1 shall be restored under Section 5-5-5. This Section is
2 subject to Section 5-750 of the Juvenile Court Act of 1987.
3 (Source: P.A. 90-590, eff. 1-1-99.)
4 Section 99. Effective date. This Act takes effect July
5 1, 2001.