Section 1610.10  Administration

 

a)         By action of the members of the Prisoner Review Board, orders of parole or conditions of parole as well as statutory parole and mandatory releases and all continuances ordered by the former Parole and Pardon Board are adopted.

 

b)         Duties of the Chairman

 

1)         Full administrative authority for conducting the business of the Illinois Prisoner Review Board shall be vested in the Chairman, including but not limited to the time and place of assignments, time and place of Board conferences, opening and adjournment times of Board meetings, caucuses and conferences, and such other general administrative powers as shall be necessary to effectively carry out the work of said Board.

 

2)         The Chairman shall preside at meetings of the Board and may appoint another member as Acting Chairman in the event of his absence.  He shall also name presiding members of panels of the Board.

 

3)         Upon the request of three members of the Board he shall schedule a special meeting of the Board at a reasonable time and at a suitable location.

 

c)         Hearing Panels

 

1)         Adult panels.  The Board may meet and order its actions in panels for purposes of granting and revoking parole.  The action of a majority of a panel shall be the action of the Board.  Each panel shall consist of at least three members of the Board except as otherwise required by the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 3-3-2(a)(2)).

 

2)         Juvenile panels.  The authority of the Board for persons in the custody of the Juvenile Division shall be exercised by a panel of at least three members except as otherwise required by the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 3-3-2(a)(2)).  At least a majority of the members of the panel deciding a case must be experienced in the field of juvenile matters.  The interview for parole revocation of a juvenile shall be conducted by a member qualified in juvenile matters.

 

3)         In any instance where a tie vote shall result, the matter under consideration shall be referred to the full Board for determination.

 

            AGENCY NOTE:  Any use of the terms "he", "his" or "him" is intended to be gender neutral.

 

(Source:  Amended at 9 Ill. Reg. 16257, effective October 10, 1985)

 

Section 1610.20  Eligibility for Parole

 

a)         Adult division.  Every person serving one or more indeterminate terms of imprisonment for felony charges in the custody of the Department of Corrections shall be eligible for parole when he has served:

 

1)         the minimum term or terms of indeterminate sentences, less "good time" or 20 years, less "good time," whichever is less, or

 

2)         twenty years of a life sentence imposed prior to the law in effect on February 1, 1978, less "good time," or

 

3)         one-third of a definite sentence imposed prior to January 1, 1962, less "good time," or 20 years less "good time," whichever is less.

 

4)         In each case, "good time" shall be deducted as prescribed by the regulations of the Department of Corrections, providing for the diminution of sentences as required by statute.

 

5)        

 

A)        Persons sentenced or adjudicated under the provisions of the Unified Code of Corrections in effect January 1, 1973, but prior to February 1, 1978, if not sooner released on parole shall be granted parole according to the following schedule:

 

i)          A person who has served his maximum term of imprisonment, less "good time" shall be released to serve the statutorily prescribed period of parole.

 

ii)         A first offender under the Juvenile Court Act (Ill. Rev. Stat. 1981, ch. 37, pars. 701-1 et seq.) shall be released on parole on or before his 20^th birthday.

 

B)        Persons sentenced or adjudicated under the law in effect on and after February 1, 1978, or who have accepted release dates set by the Board in accordance with prescribed procedure shall be released on their release dates provided they agree in writing to accept conditions or such other sanctions as prescribed by the Board.

 

6)         Indeterminate consecutive sentences which may be aggregated will be treated as one long sentence for purposes of parole eligibility.  Such persons will be eligible for parole when they have served 20 years less "good time" or sooner according to the schedule set forth above.

 

b)         Juveniles.  Every person serving a juvenile commitment to the Department of Corrections as a delinquent shall be eligible for parole without regard to the length of time the person has been confined or whether the person has served any minimum term imposed.  Such juveniles may be presented to the Board for parole  consideration upon proper notification of a request for consideration to the Department of Corrections and the Board.  Juveniles serving felony sentences imposed in accordance with law effective October 1, 1977, shall attain parole eligibility as prescribed for adults above.

 

Section 1610.30  Preparation for Adult Parole Hearing

 

a)         Notice to the Inmate. Approximately sixty days prior to his next scheduled parole release hearing, the inmate will be notified in writing by the Board that he has been scheduled on the monthly docket.

 

1)         Request for Preliminary Record Review

 

A)        Request By the Inmate. Within fifteen days following the date of the notice of docketing, the inmate may request the opportunity for preliminary review of his parole file by using the form provided by the Board with the notice.  When a timely request for preliminary review is made, the Board will arrange for the inmate to review his parole file, in accord with the provisions of Section 1610.30(b), approximately thirty days prior to his hearing date.  If no preliminary request is made or if transfer or security considerations prohibit review, the inmate will be allowed to review his file in accord with Section 1610.30(b), at the time of his release hearing.

 

B)        Request by an Inmate's Attorney. If an inmate chooses to retain an attorney to assist him in his preparation for hearing, the attorney may review the parole files, in accord with Section 1610.30(b) at the Prisoner Review Board Office in Springfield.  The file will be made available at any time during regular business hours, not more than thirty days nor less than five business days prior to the hearing date, provided that the Board is given five business days notification.  If no preliminary request is made, the attorney will be allowed to review the file, in accord with Section 1610.30(b), at the time of the release hearing.

 

2)         Request for a Specific Hearing Appointment.  Within fifteen days of the date of the notice of docketing, the inmate may request a specific hearing appointment in order to facilitate the presentation of witnesses.  The request will be made in the form prescribed by the Board.  The inmate will be notified in writing of the date and time of the hearing appointment, not less than fifteen days before the hearing.

 

3)         Request for Appearance of Witnesses.  At least fifteen days prior to the scheduled hearing, the inmate shall provide the Board with the names, addresses and telephone numbers of witnesses whom he wishes to call to testify at his hearing.  It is the responsibility of the inmate to contact his witnesses and to insure that they are present at the hearing.

 

b)         Access to Records by the Inmate

 

1)         The inmate shall have access to all evidence considered by the Board unless the evidence is specifically found to:

 

A)        Include information which, if disclosed, would damage the therapeutic relationship between the inmate and a mental health professional;

 

B)        Subject any person to the actual risk of physical harm.

 

C)        Threaten the safety or security of the Department or an institution.

 

2)         An inmate who wishes to review a document submitted to the Board which bears the signature of a mental health or clinical services employee of the Department of Corrections must request that review through the Department of Corrections pursuant to Department Regulations (20 Ill. Adm. Code 107).  The Board will not provide direct access to any documents in this category.

 

c)         Notice to Interested Parties.  Not less than 15 days prior to each hearing, notices shall be given by the Board to the State's Attorney of the county from which the person was committed and to victims as defined in the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 1005-1-2(n)) at their known place of abode. If the Board does not have knowledge of the current address of a victim, it shall notify the State's Attorney of the county of commitment and request assistance in locating the victim.  Those victims who advise the Board in writing that they no longer wish to be notified shall not receive notices.

 

d)         Adult Docketing

 

1)         Submission of the Monthly Docket.  The Board receives from each institution a docket for adult parole release hearings.  Thirty days prior to the hearing, the dockets will be closed, except for any additions or subtractions because of transfers, recent admissions or recalculation of sentence credits.

 

2)         Preparation and Submission of the Parole Plan.  Prior to his appearance before the Board, the inmate shall, along with his counselor, prepare and submit to the panel a plan which includes his intended places of residence and employment and which explains any plans for vocational training or education.

 

3)         Submission of Supporting Documents from the Department of Corrections.  Program Consideration Reports, Conduct Reports and any other reports requested of institution staff will be required in the office of the Board by Wednesday of the week preceding the hearings.

 

4)         Docketing of Continued Adult Parole Release Hearings. Persons in adult facilities of the Department whose cases have been considered on prior occasions and have been continued to future dates shall have their names placed on the docket for hearing during the month designated by the Board at their previous hearing.  That date shall not be longer than three years from the last hearing and denial of parole and will be subject to advancement by reasons of institution credits.

 

5)         Docketing Concurrent Sentences.  Persons serving concurrent sentences shall have their names placed on the dockets when they are eligible to be considered for parole under the longest minimum sentence.

 

6)         Docketing Returned Violators.  All alleged parole violators who have been returned to the custody of the Department shall be docketed and heard in accordance with provisions of Section 1610.140.

 

(Source:  Amended at 9 Ill. Reg. 16257, effective October 10, 1985)

 

Section 1610.35  Juvenile Parole

 

a)         Juveniles serving felony sentences shall be docketed as prescribed in Section 1610.30.

 

1)         Alleged juvenile parole violators returned to the custody of the Department of Corrections shall be docketed and heard at the next scheduled hearing for that institution following the compilation of all documentation related to the alleged parole violation.

 

2)         Persons committed to the Department of Corrections as delinquents shall be presented to the Board for parole consideration before 11 months of the commitment have expired.

 

b)         Reasons for Parole Denial.  The Board grants parole as an exercise of grace and executive discretion.  The decision is a subjective determination based upon available relevant information. Persons committed to the Department of Corrections as delinquents shall not be paroled, if the Board determines, on the basis of the factors outlined in Section 1610.35(c), that:

 

1)         The youth is in need of further institutional programs.

 

2)         Parole would not be in the best interests of the youth or the community.

 

c)         Factors to be Considered in the Parole Decision.  In determining whether to grant or deny parole, the Board looks primarily to the following factors, although the decision is not limited to these factors when other relevant, compelling information is presented.

 

1)         Behavior outside of custody.

 

A)        Prior criminal activity, as evidenced by official records.

 

B)        Adjustment in school, as evidenced by documented reports specifying grades, disciplinary actions, school activities or any school-related accomplishments.

 

C)        Adjustment to release from custody as evidenced by reports on any Department of Corrections Authorized Absence, as authorized by the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 3-9-4).

 

D)        Employment History.

 

E)        Support of family and community, as evidenced by oral or written expressions.

 

F)         Associates in the community, as evidenced by reports from police and school officials or statements of the juvenile or his family.

 

G)        Goals for the future as expressed by the juvenile.

 

2)         Institutional Behavior.

 

A)        Any recent disciplinary actions.

 

B)        Performance in institutional programs as evidenced by reports from counselors or teachers.

 

C)        Defiance to established authority, as evidenced by demeanor and conduct at hearing or by institutional reports.

 

D)        Lack of remorse for criminal activities, as evidenced by demeanor and conduct at hearing or by institutional reports.

 

E)        Resolve to avoid re-incarceration, as evidenced by demeanor and conduct at hearing or by institutional reports.

 

F)         Positive response to institutional programming, as evidenced by demeanor and conduct at hearing or by institutional reports.

 

d)         Parole Denial

In the event of parole denial of a youth committed under the provisions of the Juvenile Court Act (Ill. Rev. Stat. 1983, ch. 37), the case may be resubmitted by the Department of Corrections to the Board for further consideration within 90 days.

 

e)         Parole Plans

Parole plans shall be prepared by the clinical staff in conjunction with the youth.  Such plans shall include where and with whom he will live, location in terms of employment or school attendance and family relationships and obligations to be assumed on release.

 

(Source:  Added at 9 Ill. Reg. 16257, effective October 10, 1985)

 

Section 1610.40  The Adult Parole Hearing

 

a)         Purpose

The purpose of the parole release hearing is to gather information and views and to determine whether parole will be granted or denied.  The hearing is not an adversarial proceeding.

 

b)         Parole Release Panels

 

1)         General Considerations.  The Board shall schedule hearings at the various institutions and facilities each month.  Panels of at least three members of the Board will consider those cases of persons whose names appear on the respective hearing dockets.  At least one member of the panel shall interview the inmate and hear any witnesses.  The decision to grant or deny parole requires the action of a panel of at least three members of the Board.  The decision to release on parole requires the affirmative vote of a simple majority of the members participating in the vote.

 

2)         Evidence.  The Board is not bound by strict rules of evidence in the conduct of a parole release hearing and will consider all evidence presented, so long as the evidence is not cumulative, repetitive or inherently unreliable (as, for example, would be testimonials of Department of Corrections employees who are not authorized to make parole recommendations) and so long as it has some relevance to the parole release decision, as described in Section 1610.50.

 

3)         Presiding Member.  One member of the panel will be designated to act as presiding member for each parole hearing.  The presiding member will administer an oath or affirmation to the inmate and any witnesses, conduct the inmate interview, examine any witnesses and rule on evidentiary matters and objections.  In addition, any other members present may question the inmate and witnesses. When fewer than all members who will participate in the release decision are present at the hearing, the presiding member will orally summarize the hearing for their benefit prior to a vote on the question of release. Where a case is not decided on the same day as the hearing, the presiding member shall prepare a written summary for use by the other members.

 

4)         En Banc Hearings

 

A)        Hearing Designated En Banc.  Any inmate of the Department of Corrections whose conviction was for the offense of Murder or whose minimum sentence is 20 years or more under Chapter 39 of the Illinois Revised Statutes in effect prior to February 1, 1978 shall be heard by a panel of the Board.  That panel shall submit the case to the entire Board at an "en banc" hearing, at which time a determination will be made as to whether parole will be granted or denied, in accord with Section 1610.50.  In addition, the Chairman or a majority of the members of a panel hearing a case upon which a decision has not been rendered may cause that case to be considered at the next scheduled "en banc" hearing day.  Once a case is designated "en banc" it will continue to be considered by the full Board, unless the Board determines otherwise.

 

B)        En Banc Voting.  In order for the Board to grant parole in a case which is designated for "en banc" consideration, a majority vote of the appointed members of the Board must vote in favor of the grant of parole.  A tie vote, or a vote of less than a majority of the appointed members of the Board favoring parole, shall result in the denial of the application for parole.

 

c)         Appearances.  The Parole Release Panel shall consider the testimony of persons who appear at the parole release hearing under Board guidelines, in accord with Section 1610.30, unless the presiding member determines that the witness can provide no information which is relevant to the hearing or that the testimony would be merely repetitive or cumulative.  Any testimony may be offered in the form of a personal appearance or written statements.  Where Department of Corrections security considerations bar personal appearances within the institution, the witness may submit written testimony or may testify orally at the Springfield Office of the Board or at some other designated location.

 

1)         Personal Appearances.

 

A)        The State's Attorney.  The State's Attorney of the County in which the conviction was obtained, or his designee, shall be permitted to appear personally at any parole release hearing.

 

B)        Victims and Complaining Witnesses.  Persons who are identified as victims, or members of the families of victims of the crime for which the inmate is receiving parole consideration shall be permitted to appear personally before the Parole Release Panel.  Other persons who wish to testify as complaining witnesses shall be permitted to appear unless the presiding member determines that they cannot provide relevant information or that their testimony would be repetitive or cumulative.

 

C)        Witnesses on Behalf of the Inmate.  Persons wishing to appear on behalf of the inmate, in support of the grant of parole, may do so, unless the presiding member determines that their testimony would be irrelevant, repetitive, or cumulative, or unless the potential witness is barred from the institution by the Department of Corrections.

 

D)        The Inmate.  The inmate shall be heard, as required by statute (Unified Code of Corrections, Ill. Rev. Stat. 1983, ch. 39, par. 1003), if he chooses.

 

2)         Written Appearances

The Parole Release Panel shall consider any relevant testimony received by the Board from the State's Attorney, victim, complaining witness, inmate, or any other interested party before the beginning of the Parole Release Panel conference.  Such writings may be in the form of letters, affidavits or other documents.  Written appearances shall be permitted into consideration on a basis more permissive than personal appearances, in order to reduce the demand for personal appearances.  These documents will be available for review in accord with Section 1610.30(a) and (b).

 

d)         Conference.  Following the hearing the Parole Release Panel shall adjourn into a conference.  In conference the Panel will discuss all evidence and testimony received and will exchange views concerning the weight and credibility to be given the evidence considered, prior to entering the decision phase.

 

e)         Decision and Notification

 

1)         Vote and Rationale.  Following the Conference, the Parole Release Panel will vote on the question of granting or denying parole.  When the panel votes to deny parole a rationale will be prepared by at least one member which states the basis for denial, including the primary factors considered.

 

2)         Notice of Decision.  The inmate shall be provided a copy of the Order and rationale within twenty-one days after the Parole Release Hearing.

 

(Source:  Amended at 9 Ill. Reg. 16257, effective October 10, 1985)

 

Section 1610.50  The Parole Release Decision

 

a)         The Exercise of Discretion.  The Board will make the parole release decision on the basis of all available relevant information.  The Board grants parole as an exercise of grace and executive discretion as limited or defined by the Illinois General Assembly in duly adopted legislation.  The Board shall not parole a person eligible for parole, if it determines that:

 

1)         There is a substantial risk that he will not conform to reasonable conditions of parole; or

 

2)         His release at that time would depreciate the seriousness of his offense or promote disrespect for the law; or

 

3)         His release would have a substantially adverse effect on institutional discipline.

 

b)         Factors Affecting the Parole Release Decision.  The parole release decision is a subjective determination based on available relevant information.  In determining whether to grant or deny parole, the Board looks primarily to the following factors evident from the inmate's prior history, committing offense, institutional adjustment and parole plan, although the decision is not limited to these factors when other relevant compelling information is presented.

 

1)         Prior History

 

A)        Aggravating Factors

 

i)          A prior criminal record, including:  the existence of prior convictions, the existence of multiple prior convictions, the existence of prior convictions for similar crimes, and the existence of a criminal record other than convictions.

 

ii)         A history of violence or assaultive behavior.

 

iii)        A history of substance abuse.

 

iv)        A history of gang affiliation, particularly gang leadership.

 

v)         Prior incarcerations.

 

vi)        Prior parole or probation violations or revocations.

 

vii)       Recorded evidence of emotional instability along with a failure to seek or cooperate with treatment.

 

viii)      A juvenile record.

 

B)        Mitigating Factors

 

i)          The absence of the aggravating factors listed in Section 1610.50(b)(1)(A).

 

ii)         Attempts at treatment for alcohol or drug abuse, which have resulted in a demonstrable reduction in use.

 

iii)        Evidence of responsibility and stability, as demonstrated by demeanor and conduct at the hearing and by records of the Department of Corrections.

 

2)         The Committing Offense as Documented by the Official Statement of Fact.

 

A)        Aggravating Factors

 

i)          Major or permanent injury to the victim.

 

ii)         A degree of forethought and planning.

 

iii)        The use of a weapon.

 

iv)        The existence of multiple victims.

 

v)         A lengthy sentence.

 

vi)        Recommendation of the trial judge against parole.

 

vii)       The fact that the victim was a youth or senior citizen.

 

viii)      The fact that the victim was physically or mentally handicapped.

 

ix)        The fact that the victim was a person known to the defendant to have responsibility for the public safety or welfare such as a police officer, fireman or Department of Corrections employee.

 

x)         Conduct which demonstrates a merciless, sexually motivated, malicious or inhumane disregard for human dignity or life.

 

xi)        Protests from victims, prosecutors and the community.

 

xii)       Any of the aggravating circumstances established by the General Assembly in the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 1005-5-3.2).

 

xiii)      A high severity or recidivism index.

 

B)        Mitigating Factors.

 

i)          The absence of the aggravating factors listed in Section 1610.50(b)(2)(A).

 

ii)         The inmate played only a peripheral role in the crime.

 

iii)        Demonstration of remorse and understanding of the severity of the offense.

 

iv)        Evidence of strong provocation by the victim.

 

v)         Any of the mitigating circumstances established by the General Assembly in the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 1005-5-3.1).

 

vi)        A low severity or recidivism index.

 

3)         Institutional Adjustment as Documented by Department of Corrections Reports:  Factors Considered

 

A)        Institutional assignments.

 

B)        Grade status.

 

C)        Good time loss or credits.

 

D)        Completion of high school, college, or other academic courses of study.

 

E)        Completion of training programs designed to provide vocational skills.

 

F)         Number and nature of conduct reports.

 

G)        Success with counseling.

 

H)        Psychological/Psychiatric reports (if indicated).

 

I)         Escape attempts.

 

J)         Time in segregation.

 

K)        Possession of weapons or drugs.

 

4)         Release Plans:  Factors Considered.

 

A)        Letters of support.

 

B)        Residency plans.

 

C)        Employment plans.

 

D)        Location of parole.

 

E)        Vocational skills.

 

F)         In the full context of the inmate's parole release plans, the likelihood of re-affiliation with gangs or associates who have had a detrimental influence on the inmate in the past, as demonstrated by evidence presented on the inmate's behalf.

 

(Source:  Section repealed, new Section adopted at 9 Ill. Reg. 16257, effective October 10, 1985)

 

Section 1610.60  Order of Parole

 

If the members of the Board in conference determine that the parole should be allowed, they will enter an order for parole, setting the date of release to parole, allowing good time credits to apply.  The order of a panel shall be the order of the Board and shall be delivered to the inmate within seven (7) days of its entry.

 

Section 1610.70  Denial of Parole

 

a)         If the members of the Board in conference determine that parole will be denied in felony cases, the Board will continue the matter to a future date, that date being no assurance that parole will be given at that time. Lengths of continuances shall be determined in compliance with provisions of paragraph 3-3-5(f) of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-5(f)).  The factors outlined in Section 1610.50(b)(1)-(4) shall be used to determine lengths of continuances for those persons originally sentenced or who became eligible for parole between January 1, 1973 and September 30, 1977.

 

b)         Certain prisoners shall be offered fixed release dates along with the order of denial, in accordance with the requirements of Section 3-3-2.1 of the Unified Code of Corrections, (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-2.1 (a)-(b)).

 

c)         The following are the procedures for requesting reconsideration of release date offers and conducting reconsiderations as provided by Section 3-3-2.1(h)(3) of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-2.1(h)(3)).

 

1)         The prisoner or his counsel may, by submitting a form provided by the Board, initiate a reconsideration of the release date offer, as provided by Section 3-3-2.1(h)(3) of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-2.1(h)(3)).

 

2)         The reviewing members shall not have participated in the initial decisions.

 

3)         The reviewing members are authorized on the basis of the record of the hearing to modify or reverse an initial decision on one or more of the following grounds:

 

A)        the decision is contrary to law or the guidelines governing decision;

 

B)        the reasons given for the decision do not support the decision;

 

C)        there is not sufficient factual support in the record to support the decision;

 

D)        the length of the release date is disproportionate with other like cases or sentences.

 

4)         The Board may interview the resident for the purpose of considering modification of the out-date.

 

(Source:  Amended at 13 Ill. Reg. 3063, effective February 28, 1989)

 

Section 1610.80  Conditions of Release

 

Persons released under any form of supervision, mandatory release, mandatory supervised release, statutory parole or parole, are subject to rules of conduct prescribed by the Board and any special conditions deemed appropriate by the Board in individual cases.  Said conditions for release to other than discretionary parole will be set without an interview.

 

Section 1610.90  Rescission of Parole Order

 

a)         Rescission means withdrawal of an unimplemented grant of parole.

 

b)         When the Board becomes aware of information which might justify rescission of a parole, it shall not rescind the parole unless it first gives the person whose parole may be rescinded a hearing.

 

c)         The person shall be given advance written notice of the hearing, a reasonable time (but not less than three days) before it is to take place. The notice shall state fully why the Board is considering rescission.

 

d)         If the ground for rescission is an institutional disciplinary violation and the person has been found guilty of that violation at a hearing complying with Department of Corrections Administrative Regulation 804, the Board shall not be required to hear further evidence on the matter or make a factual determination of guilt or innocence but may accept as conclusive the findings of the Institutional Adjustment Committee.  If the Board does accept the Institutional Adjustment Committee's findings, the person shall be permitted to show why, notwithstanding a finding of guilt, he should be released on parole.

 

e)         If the basis for rescission is an institutional disciplinary violation and the person has not received a hearing on the violation under Department of Corrections Administrative Regulation 804, the Board shall continue the matter for not longer than 30 days so that the institution involved may conduct such a hearing.

 

f)         The Board shall make its decision and notify the person of that decision and the reason or reasons for it in writing within a reasonable time (but not more than seven (7) days in the case of a panel hearing and not more than thirty (30) days in the case of an en banc hearing).

 

Section 1610.100  Rehearing

 

a)        

 

1)         A rehearing will be granted only by the affirmative action of the Board in conference.

 

2)         After a parole is denied, a rehearing may be requested by the person who was denied parole or another in his behalf.  Such request must be made in writing and must set forth new facts or extraordinary circumstances which could not have been known to the parole applicant at the time of his interview by the Board member, or new facts or extraordinary circumstances which have arisen subsequent to the time of the interview, or both, which have not been previously considered.

 

b)         Oral arguments in support of the request for rehearing will not be permitted.

 

c)         When a rehearing request is granted by the Board, the person making the request shall be notified in writing and the case shall be placed on a subsequent docket for hearing.

 

Section 1610.110  Arrangements for Parole

 

a)         When an order for release on parole is entered, it shall not be effective and the applicant shall not be released until the Office of Adult Parole Services or Family and Youth Counseling Services has satisfied itself that suitable arrangements have been made for:

 

1)         The applicant's gainful employment and/or educational or training programs and for a proper and approved residence.

 

2)         The chief administrative officer of the institution shall have the authority to hold the prospective parolee until these arrangements have been approved.  If the applicant is not released within 90 days from the date of the order granting parole, the chief administrative officer shall notify the Executive Director of the Board and the matter will be reviewed by the Board.

 

b)         An applicant who has been granted parole but violated institution rules prior to release on parole, may, in the discretion of the chief administrative officer, be held for further consideration by the Board.

 

Section 1610.120  Conditions of Parole or Mandatory Supervised Release

 

a)         Adult division.  Until final discharge, the releasee shall at all times be under the legal custody of the Department of Corrections, subject to being retaken at any time, with the establishment of probable cause, within the enclosure of an Illinois State Correctional Center.  The releasee is obligated to comply with all rules, regulations and orders and subsequent amendments thereto of the Prisoner Review Board and of Adult Parole Services of the Department of Corrections.

 

1)         The releasee must comply with the instructions of his Department of Corrections agent (if paroled or released out of state, obedience to the rules of both states is required) and the following Board special orders:

 

 

 

 

2)         The releasee must obey all municipal, county, state and federal laws and ordinances.

 

3)         The releasee must consult and follow the advice of his agent before visiting or writing to correctional center residents.  (An ex-resident or parolee who is a relative may visit a relative with the special permission of the chief administrative officer.  Such requests and permission will be permitted only when the request and permission are in written form.)

 

4)         The releasee shall not leave the state or county without prior written permission of his agent.

 

5)         The releasee is to:

 

A)        Maintain employment and support his dependents; if not employed, he is to seek work or participation in educational or vocational training.

 

B)        Notify his/her agent prior to any change in residence or employment.

 

C)        Submit a written report, on forms provided, on the first day of every month.

 

D)        Report all arrests to agent.

 

6)         The releasee shall not own, possess, use, sell or have under his control any firearms or dangerous weapons.

 

b)         Juvenile division.

 

1)         The ward shall observe and obey all municipal, county, state and federal laws, ordinances and regulations, including curfew.

 

2)         The ward must not falsify his or her name, age or address under any circumstances.

 

3)         The ward shall not leave the state without the prior written permission of the Family and Youth Counselor, unless he or she is going to a neighboring state just for a day or two in the company of his or her family.

 

4)         Changes of home address and/or telephone number shall be reported to the Family and Youth Counselor immediately.

 

5)         The ward shall not use, carry or possess any weapon or weapons of any kind or description.

 

6)         The ward shall abstain from the use of intoxicating beverages, if he or she is under the legal age.  The use of narcotic drugs, controlled substances, and marijuana prohibited by law, will be grounds for parole violation.

 

7)         The ward shall not operate a motor vehicle without a valid driver's license.

 

8)         If the ward is of mandatory school age, he or she must, during the school term, attend school regularly and if he or she is over mandatory school age, he or she must either attend school or be gainfully employed, and in the event he or she fails to obtain employment, he or she must cooperate with the Family and Youth Counselor in an effort to obtain help with employment.

 

9)         If the ward is not of legal age, he or she shall not marry without the consent of his or her parent or legal guardian and this consent made known to the Family and Youth Counselor.

 

10)         The ward shall comply with any special conditions of parole prescribed by the Prisoner Review Board which has jurisdiction over wards of the Juvenile Division.

 

Section 1610.130  Length of Adult Parole and Discharge

 

a)         Parolees shall be under the continuous supervision of the Division of Parole Services of the Department of Corrections according to the following schedule:

 

1)         Persons sentenced or adjudicated under statutes existing prior to January 1, 1973, shall be on parole until the expiration of the maximum periods of their sentences subject, however, to earlier discharge under paragraph (3).

 

2)         Persons sentenced or adjudicated under the provisions of the Unified Code of Corrections prior to February 1, 1978, shall be on parole as follows, subject, however, to earlier discharge under paragraph (3):

 

A)        For murder or a Class X felony, 3 years.

 

B)        For a Class 1 or 2 felony, 2 years.

 

C)        For a Class 3 or 4 felony, 1 year.

 

3)         The Prisoner Review Board may enter an order releasing and discharging a parolee or mandatory supervised releasee from supervision (with court approval for juveniles) and his commitment to the Department when it determines that he is likely to remain at liberty without committing another offense.

 

4)         Issuance of a discharge by the Board shall be within the discretion of the Board and shall be conditioned upon the favorable recommendation of the Office of Parole Services, based on the parolee's or mandatory supervised releasee's faithful conformance to the terms of his parole agreement.  In extraordinary circumstances and on the recommendation of the Office of Parole Services the Board may, in its discretion, grant a final discharge at an earlier date.

 

5)         The order of discharge for adults shall become effective upon entry of an order of the Board.  When approved by the Governor, said order shall operate as a commutation of sentence.  The Board shall notify the clerk of the committing court of the order.

 

b)         The parole period of a juvenile committed as a delinquent to the Department under the Juvenile Court Act shall extend until he is 21 years of age unless sooner terminated by the Board, said termination being subject to Section 5-10 of the Juvenile Court Act.

 

c)         Parole outside Illinois.  The Board, in its discretion, may parole a non-resident applicant or an applicant whose family, relatives, friends or employer reside outside of Illinois to a location outside of Illinois.

 

d)         Parole to warrant or detainer

 

1)         The Board, in its discretion, may parole an applicant to a warrant or detainer to serve his parole concurrently with another sentence.  A condition of such parole may be that if the charge or charges on which the warrant or detainer is based are dismissed or satisfied prior to the expiration of his Illinois parole, the person shall be returned to Illinois to serve the remainder of his parole under the supervision of the Illinois Parole Services Division unless the Board, in its discretion, orders that he be permitted to serve the remainder of his parole outside of Illinois or that he be discharged from parole.

 

2)         If a person paroled to a warrant or detainer is sentenced to probation, or released on parole in another jurisdiction prior to the expiration of his Illinois parole, he shall serve his parole concurrently with his probation or parole in the other jurisdiction or in Illinois as ordered by the Board.

 

Section 1610.140  Revocation Procedure

 

a)         Preliminary Hearing.  When it is charged that the parolee has violated a condition of his parole agreement, he shall be given a written notice informing him of the conditions of parole which have allegedly been violated and the manner in which they were violated.  He shall be informed of the date, time, and place at which he will be called before a hearing officer authorized by the Prisoner Review Board for a preliminary hearing on the alleged violation.

 

b)        

 

1)         At the preliminary hearing, the parolee may appear and speak in his own behalf; he may bring letters, documents, or individuals who can give relevant information to the hearing officer.  On request of the parolee, persons who have given adverse information on which parole revocation is to be based shall be made available for questioning in his presence.  However, if the hearing officer determines that the informant would be subjected to risk or harm if his identity were disclosed, he need not be subjected to confrontation and cross-examination.  The hearing officer shall not be bound by the strict rules of evidence.

 

2)         If the officer finds from the information presented at the preliminary hearing that there is reasonable ground to believe that the alleged violation did occur, and that there is probable cause to hold the parolee for a final decision of the Prisoner Review Board on revocation, the parolee shall be returned to the institution or facility from which he was released on parole or to another facility of the Department of Corrections.  The officer shall state in writing the reasons for his determination and indicate the basis for the determination.  If the officer finds that there is reasonable ground to believe that the alleged violation did not occur, the parolee will be released to continue serving his parole.

 

3)         The preliminary hearing shall be held within 10 days of the parolee's apprehension unless continued by the hearing officer for up to an additional two weeks to permit the production of witnesses or materials relevant to the hearing.

 

c)         As per Goldberg vs. Kelly, a parolee shall have the right to retain counsel at both the preliminary and revocation hearing.

 

d)         All witnesses called must be sworn under oath.

 

e)         All parolees have a right to a transcript or proceedings.  A court reporter may be provided at the parolee's expense.

 

f)         Subpoenas.  The Prisoner Review Board or parolee who has allegedly violated his parole may request by subpoena the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation or hearing.  The Chairman of the Prisoner Review Board may sign subpoenas when, in his judgment, the relevance of testimony of the witness is substantial.  Subpoenas shall be served by any agent or public official authorized by the Chairman of the Illinois Prisoner Review Board, or by any person lawfully authorized to serve a subpoena under the laws of the State of Illinois.  The attendance of witnesses, and the production of documentary evidence, may be required from any place in the state to a hearing location within 150 miles of the place where the violation is alleged to have occurred, and before the Chairman of the Illinois Prisoner Review Board or his designated agent or agents or any duly constituted committee or subcommittee of the Board.  Witnesses so summoned shall be paid the same fees and mileage that are paid witnesses in the circuit courts of the state, and witnesses whose depositions are taken and the persons taking those depositions are each entitled to the same fees as are paid for like services in actions in the circuit courts of the state.  Fees and mileage shall be vouchered for payment when the witness is discharged from further attendance.  In cases of disobedience to a subpoena, the Board may petition any circuit court of the state for an order requiring the attendance and testimony of witnesses or the production of documentary evidence or both.  A copy of such petition shall be served by personal service or by registered or certified mail upon the person who has failed to obey the subpoena, and such person shall be advised in writing that a hearing upon the petition will be requested in a court room to be designated in such notice before the judge hearing motions or extraordinary remedies at a specified time, on a specified date, not less than 10 nor more than 15 days after the deposit of the copy of the written notice and petition in the U.S. mails addressed to the person at his last known address or after the personal service of the copy of the notice and petition upon such person.  The court upon the filing of such a petition, may order the person refusing to obey the subpoena to appear at an investigation or hearing, or to there produce documentary evidence, if so ordered, or to give evidence relative to the subject matter of the investigation or hearing.  Any failure to obey such order of the circuit court may be punished by that court as a contempt of court.

 

Section 1610.150  Revocation Hearing

 

a)         If a parolee is returned to the institution or facility for an alleged violation of the terms of his parole agreement his name shall be placed on the next regular hearing docket at the institution or facility where he is confined, provided that his return to the institution or facility is at least 30 days prior to the next scheduled meeting of a panel of the Board at the institution or facility.

 

b)         The parolee having received written notice setting forth the alleged violation of his parole agreement which has been charged against him shall be entitled to disclosure of evidence against him, opportunity to be heard in person and to present witnesses and documentary evidence and shall have the right to confront and cross-examine adverse witnesses (unless the panel member specifically finds good cause for not allowing confrontation).

 

c)         A hearing on revocation shall be conducted before at least one member of the panel.  The member will interview the parolee, any witnesses, and any persons who appear in support of the charge of violation.  Each member of the Board shall have the power to administer oaths and to take the testimony of persons under oath.

 

d)         The member will also consider all reports and written affidavits submitted on behalf of the parolee or in support of the charge against him.

 

e)         The member shall make a record of the hearing including a summary of the statements of the parolee and any persons who appear at the hearing.  The member shall not be bound by the strict rules of evidence in conducting the hearing.

 

f)         The members of the panel will decide in closed conference the cases of any persons alleged to have violated their parole agreements.  The action of a panel will be the action of the Board.

 

g)         The Board may revoke parole for violation of a condition occurring before the expiration of the parole term even though a determination of the alleged violation cannot be reasonably made until after the expiration of the parole term.

 

h)         The issuance of a warrant for an alleged violation of the conditions of parole shall toll the running of the term of parole until the final determination of the charge, but if parole is not revoked, that period shall be credited as time served on parole.

 

i)          If a panel determines that the parolee has violated any of the terms and conditions of parole, it shall issue a written statement as to the evidence relied on and the reasons for revoking parole.  The parolee shall receive a copy of this statement.

 

Section 1610.160  Dispositions

 

If the panel shall determine that a parole violation has in fact occurred, it may:

 

a)         Order that parole be continued with or without modifying or enlarging the conditions of the parole agreement; or

 

b)         Parole the person to a halfway house; or

 

c)         In adult cases, revoke the parole and reconfine the person for a term computed in the following manner:

 

1)         Persons adjudicated under the code in effect prior to February 1, 1978, shall be recommitted for that portion of the imposed maximum term of imprisonment or confinement which had not been served at the time of parole, and, in addition, the parole term less the time elapsed between the parole of the person and the commission of the violation for which parole was revoked, less "good time."

 

2)         All persons shall be given credit against the term of recommitment for time spent in custody since parole began which has not been credited against another sentence or period of confinement.

 

3)         In the event of violation of mandatory supervised release, the violator will be reconfined for the unserved portion of the mandatory supervised release period, plus any good time (not to exceed one year) revoked on account of the violation.

 

d)         In juvenile cases, the provisions of the Juvenile Court Act (Ill. Rev. Stat. 1981, ch. 38, pars. 701-1 et seq.) shall prevail.

 

Section 1610.170  Good Conduct Credit Revocations and Restorations

 

a)         The Board will decide cases where the amount of time at issue exceeds 30 days, or when, during any 12-month period, the cumulative amount of credit revoked exceeds 30 days.  The Board may:

 

1)         Concur with the Department's request.

 

2)         Deny the request.

 

3)         Reduce the amount of time on the request.  The reduction cannot go below 30 days.

 

b)         Criteria include:

 

1)         Mitigation surrounding the incident.

 

2)         Past record involving discipline.

 

3)         Is the request consistent with past practices?

 

4)         Is the recommendation consistent with the Department's Administrative Regulations 804 and 845?

 

c)         The Board:

 

1)         Will conduct hearings on a monthly basis in conjunction with appearances for parole hearings.

 

2)         Will give inmates face-to-face hearings.

 

3)         Reserves the right to call witnesses.

 

Section 1610.180  Rules Governing Petitions for Executive Clemency (Pardon or Commutation of Sentence)

 

a)         All applications for pardons, reprieves and commutations of sentence or adjudication shall be made by written petition, addressed to the Governor and filed in the office of the Prisoner Review Board at Springfield.  The original and four copies of the petition must be filed at least thirty (30) days prior to any scheduled meeting of the Board for the purpose of hearing petitions for executive clemency.  The petition shall conform to the following requirements:

 

1)         The petition shall contain a brief history of the case, a brief biography of the petitioner, setting forth his full and correct name, any aliases he may have used during his lifetime, his age, place of birth, the different places where he has resided, the years of residence in each place, the occupations pursued in each locality, and the specific reasons why a pardon or commutation of sentence should be granted.

 

2)         It shall be signed by the applicant or other person in his behalf.

 

3)         If signed by another person, the full address of such person shall be given, and his relation to the applicant stated.

 

b)         Copies of the petition shall be furnished to the sentencing judge or, if for any reason this is not possible, to the chief judge of the Circuit in which sentence was imposed, and the Prosecuting State's Attorney, if available, and also to the present State's Attorney of the county from which the petitioner was committed in each case.  Proof of such service may be made by a receipt of such official, or affidavit that it was posted, or a receipt of the United States Post Office if sent by registered or certified mail.  Such proof of service shall accompany the petition.

 

c)         Publication of intent to petition for executive clemency shall be made in a newspaper of common circulation in the county of commitment on at least two occasions no less than two weeks apart.  Said notice shall contain the name of the petitioner, the offense for which he was convicted, the date of sentencing and the sentence imposed.  Said notice shall invite any interested party to communicate their views to the offices of the Prisoner Review Board prior to the scheduled hearing date.

 

d)         Where circumstances warrant or the exigencies of the case suggest, the Board may waive the requirement of publication of intent to file for executive clemency.

 

e)         For each meeting of the Board, a docket shall be prepared listing all petitions filed thirty (30) days or more before the date of the meeting which have not been previously considered and which petitions comply with the applicable statutes of Illinois and these rules.  Counsel and those who wish to be heard in favor of or in opposition to the respective petitions on the call of the docket, must register in person at the meeting of the Board.

 

f)         The Board or a designated panel thereof will hear counsel or any other persons who appear in support of or in opposition to the petition at the scheduled public hearing.  The Board will also consider petitions on the docket on which there are no appearances and may elect to hear petitioners who are in confinement.

 

g)         No requirement herein shall preclude the Chairman or the Governor from calling a special session of the Board for the purpose of giving a hearing and consideration to any petition deemed to be of an emergency nature.  All usual requirements shall be met insofar as is practical.

 

h)         The Board will determine by majority vote in conference what its recommendation is on each petition and shall advise the Governor by a written report without publicity.