TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.10 ADMINISTRATION
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)
 | TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.20 ELIGIBILITY FOR PAROLE
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 20th 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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.30 PREPARATION FOR ADULT PAROLE HEARING
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.35 JUVENILE PAROLE
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.40 THE ADULT PAROLE HEARING
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.50 THE PAROLE RELEASE DECISION
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.60 ORDER OF PAROLE
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.70 DENIAL OF PAROLE
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.80 CONDITIONS OF RELEASE
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.90 RESCISSION OF PAROLE ORDER
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).
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.100 REHEARING
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.110 ARRANGEMENTS FOR PAROLE
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.120 CONDITIONS OF PAROLE OR MANDATORY SUPERVISED RELEASE
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.130 LENGTH OF ADULT PAROLE AND DISCHARGE
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.140 REVOCATION PROCEDURE
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.150 REVOCATION HEARING
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.160 DISPOSITIONS
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.170 GOOD CONDUCT CREDIT REVOCATIONS AND RESTORATIONS
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER IV: PRISONER REVIEW BOARD
PART 1610
PRISONER REVIEW BOARD
SECTION 1610.180 RULES GOVERNING PETITIONS FOR EXECUTIVE CLEMENCY (PARDON OR COMMUTATION OF SENTENCE)
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.
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