Public Act 096-0875
 
SB1896 Enrolled LRB096 10791 RLC 21000 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Rights of Crime Victims and Witnesses Act is
amended by changing Sections 3 and 4.5 as follows:
 
    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
    Sec. 3. The terms used in this Act, unless the context
clearly requires otherwise, shall have the following meanings:
    (a) "Crime victim" and "victim" mean means (1) a person
physically injured in this State as a result of a violent crime
perpetrated or attempted against that person or (2) a person
who suffers injury to or loss of property as a result of a
violent crime perpetrated or attempted against that person or
(3) a single representative who may be the spouse, parent,
child or sibling of a person killed as a result of a violent
crime perpetrated against the person killed or the spouse,
parent, child or sibling of any person granted rights under
this Act who is physically or mentally incapable of exercising
such rights, except where the spouse, parent, child or sibling
is also the defendant or prisoner or (4) any person against
whom a violent crime has been committed or (5) any person who
has suffered personal injury as a result of a violation of
Section 11-501 of the Illinois Vehicle Code, or of a similar
provision of a local ordinance, or of Section 9-3 of the
Criminal Code of 1961, as amended or (6) in proceedings under
the Juvenile Court Act of 1987, both parents, legal guardians,
foster parents, or a single adult representative of a minor or
disabled person who is a crime victim.
    (b) "Witness" means any person who personally observed the
commission of a violent crime and who will testify on behalf of
the State of Illinois in the criminal prosecution of the
violent crime.
    (c) "Violent Crime" means any felony in which force or
threat of force was used against the victim, or any offense
involving sexual exploitation, sexual conduct or sexual
penetration, or a violation of Section 11-20.1 or 11-20.3 of
the Criminal Code of 1961, domestic battery, violation of an
order of protection, stalking, or any misdemeanor which results
in death or great bodily harm to the victim or any violation of
Section 9-3 of the Criminal Code of 1961, or Section 11-501 of
the Illinois Vehicle Code, or a similar provision of a local
ordinance, if the violation resulted in personal injury or
death, and includes any action committed by a juvenile that
would be a violent crime if committed by an adult. For the
purposes of this paragraph, "personal injury" shall include any
Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or medical
facility. A type A injury shall include severely bleeding
wounds, distorted extremities, and injuries that require the
injured party to be carried from the scene.
    (d) "Sentencing Hearing" means any hearing where a sentence
is imposed by the court on a convicted defendant and includes
hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
and 5-7-7 of the Unified Code of Corrections except those cases
in which both parties have agreed to the imposition of a
specific sentence.
    (e) "Court proceedings" includes the preliminary hearing,
any hearing the effect of which may be the release of the
defendant from custody or to alter the conditions of bond, the
trial, sentencing hearing, notice of appeal, any modification
of sentence, probation revocation hearings or parole hearings.
    (f) "Concerned citizen" includes relatives of the victim,
friends of the victim, witnesses to the crime, or any other
person associated with the victim or prisoner.
(Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08;
96-292, eff. 1-1-10.)
 
    (725 ILCS 120/4.5)
    Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges and corrections will provide information,
as appropriate of the following procedures:
    (a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
    (b) The office of the State's Attorney:
        (1) shall provide notice of the filing of information,
    the return of an indictment by which a prosecution for any
    violent crime is commenced, or the filing of a petition to
    adjudicate a minor as a delinquent for a violent crime;
        (2) shall provide notice of the date, time, and place
    of trial;
        (3) or victim advocate personnel shall provide
    information of social services and financial assistance
    available for victims of crime, including information of
    how to apply for these services and assistance;
        (4) shall assist in having any stolen or other personal
    property held by law enforcement authorities for
    evidentiary or other purposes returned as expeditiously as
    possible, pursuant to the procedures set out in Section
    115-9 of the Code of Criminal Procedure of 1963;
        (5) or victim advocate personnel shall provide
    appropriate employer intercession services to ensure that
    employers of victims will cooperate with the criminal
    justice system in order to minimize an employee's loss of
    pay and other benefits resulting from court appearances;
        (6) shall provide information whenever possible, of a
    secure waiting area during court proceedings that does not
    require victims to be in close proximity to defendant or
    juveniles accused of a violent crime, and their families
    and friends;
        (7) shall provide notice to the crime victim of the
    right to have a translator present at all court proceedings
    and, in compliance with the federal Americans with
    Disabilities Act of 1990, the right to communications
    access through a sign language interpreter or by other
    means;
        (8) in the case of the death of a person, which death
    occurred in the same transaction or occurrence in which
    acts occurred for which a defendant is charged with an
    offense, shall notify the spouse, parent, child or sibling
    of the decedent of the date of the trial of the person or
    persons allegedly responsible for the death;
        (9) shall inform the victim of the right to have
    present at all court proceedings, subject to the rules of
    evidence, an advocate or other support person of the
    victim's choice, and the right to retain an attorney, at
    the victim's own expense, who, upon written notice filed
    with the clerk of the court and State's Attorney, is to
    receive copies of all notices, motions and court orders
    filed thereafter in the case, in the same manner as if the
    victim were a named party in the case;
        (10) at the sentencing hearing shall make a good faith
    attempt to explain the minimum amount of time during which
    the defendant may actually be physically imprisoned. The
    Office of the State's Attorney shall further notify the
    crime victim of the right to request from the Prisoner
    Review Board information concerning the release of the
    defendant under subparagraph (d)(1) of this Section;
        (11) shall request restitution at sentencing and shall
    consider restitution in any plea negotiation, as provided
    by law; and
        (12) shall, upon the court entering a verdict of not
    guilty by reason of insanity, inform the victim of the
    notification services available from the Department of
    Human Services, including the statewide telephone number,
    under subparagraph (d)(2) of this Section.
    (c) At the written request of the crime victim, the office
of the State's Attorney shall:
        (1) provide notice a reasonable time in advance of the
    following court proceedings: preliminary hearing, any
    hearing the effect of which may be the release of defendant
    from custody, or to alter the conditions of bond and the
    sentencing hearing. The crime victim shall also be notified
    of the cancellation of the court proceeding in sufficient
    time, wherever possible, to prevent an unnecessary
    appearance in court;
        (2) provide notice within a reasonable time after
    receipt of notice from the custodian, of the release of the
    defendant on bail or personal recognizance or the release
    from detention of a minor who has been detained for a
    violent crime;
        (3) explain in nontechnical language the details of any
    plea or verdict of a defendant, or any adjudication of a
    juvenile as a delinquent for a violent crime;
        (4) where practical, consult with the crime victim
    before the Office of the State's Attorney makes an offer of
    a plea bargain to the defendant or enters into negotiations
    with the defendant concerning a possible plea agreement,
    and shall consider the written victim impact statement, if
    prepared prior to entering into a plea agreement;
        (5) provide notice of the ultimate disposition of the
    cases arising from an indictment or an information, or a
    petition to have a juvenile adjudicated as a delinquent for
    a violent crime;
        (6) provide notice of any appeal taken by the defendant
    and information on how to contact the appropriate agency
    handling the appeal;
        (7) provide notice of any request for post-conviction
    review filed by the defendant under Article 122 of the Code
    of Criminal Procedure of 1963, and of the date, time and
    place of any hearing concerning the petition. Whenever
    possible, notice of the hearing shall be given in advance;
        (8) forward a copy of any statement presented under
    Section 6 to the Prisoner Review Board to be considered by
    the Board in making its determination under subsection (b)
    of Section 3-3-8 of the Unified Code of Corrections.
    (d) (1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a violent crime
from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
Prisoner Review Board, upon written request, shall provide to a
victim or any other concerned citizen a recent photograph of
any person convicted of a felony, upon his or her release from
custody. The Prisoner Review Board, upon written request, shall
inform a victim or any other concerned citizen when feasible at
least 7 days prior to the prisoner's release on furlough of the
times and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's Attorney
shall notify the person once of the times and dates of release
of a prisoner sentenced to periodic imprisonment. Notification
shall be based on the most recent information as to victim's or
other concerned citizen's residence or other location
available to the notifying authority. For purposes of this
paragraph (1) of subsection (d), "concerned citizen" includes
relatives of the victim, friends of the victim, witnesses to
the crime, or any other person associated with the victim or
prisoner.
        (2) When the defendant has been committed to the
    Department of Human Services pursuant to Section 5-2-4 or
    any other provision of the Unified Code of Corrections, the
    victim may request to be notified by the releasing
    authority of the defendant's furloughs, temporary release,
    or final discharge from State custody. The Department of
    Human Services shall establish and maintain a statewide
    telephone number to be used by victims to make notification
    requests under these provisions and shall publicize this
    telephone number on its website and to the State's Attorney
    of each county.
        (3) In the event of an escape from State custody, the
    Department of Corrections or the Department of Juvenile
    Justice immediately shall notify the Prisoner Review Board
    of the escape and the Prisoner Review Board shall notify
    the victim. The notification shall be based upon the most
    recent information as to the victim's residence or other
    location available to the Board. When no such information
    is available, the Board shall make all reasonable efforts
    to obtain the information and make the notification. When
    the escapee is apprehended, the Department of Corrections
    or the Department of Juvenile Justice immediately shall
    notify the Prisoner Review Board and the Board shall notify
    the victim.
        (4) The victim of the crime for which the prisoner has
    been sentenced shall receive reasonable written notice not
    less than 30 15 days prior to the parole interview hearing
    and may submit, in writing, on film, videotape or other
    electronic means or in the form of a recording or in person
    at the parole interview hearing or if a victim of a violent
    crime, by calling the toll-free number established in
    subsection (f) of this Section, information for
    consideration by the Prisoner Review Board. The victim
    shall be notified within 7 days after the prisoner has been
    granted parole and shall be informed of the right to
    inspect the registry of parole decisions, established
    under subsection (g) of Section 3-3-5 of the Unified Code
    of Corrections. The provisions of this paragraph (4) are
    subject to the Open Parole Hearings Act.
        (5) If a statement is presented under Section 6, the
    Prisoner Review Board shall inform the victim of any order
    of discharge entered by the Board pursuant to Section 3-3-8
    of the Unified Code of Corrections.
        (6) At the written request of the victim of the crime
    for which the prisoner was sentenced or the State's
    Attorney of the county where the person seeking parole was
    prosecuted, the Prisoner Review Board shall notify the
    victim and the State's Attorney of the county where the
    person seeking parole was prosecuted of the death of the
    prisoner if the prisoner died while on parole or mandatory
    supervised release.
        (7) When a defendant who has been committed to the
    Department of Corrections, the Department of Juvenile
    Justice, or the Department of Human Services is released or
    discharged and subsequently committed to the Department of
    Human Services as a sexually violent person and the victim
    had requested to be notified by the releasing authority of
    the defendant's discharge from State custody, the
    releasing authority shall provide to the Department of
    Human Services such information that would allow the
    Department of Human Services to contact the victim.
        (8) When a defendant has been convicted of a sex
    offense as defined in Section 2 of the Sex Offender
    Registration Act and has been sentenced to the Department
    of Corrections or the Department of Juvenile Justice, the
    Prisoner Review Board shall notify the victim of the sex
    offense of the prisoner's eligibility for release on
    parole, mandatory supervised release, electronic
    detention, work release, international transfer or
    exchange, or by the custodian of the discharge of any
    individual who was adjudicated a delinquent for a sex
    offense from State custody and by the sheriff of the
    appropriate county of any such person's final discharge
    from county custody. The notification shall be made to the
    victim at least 30 days, whenever possible, before release
    of the sex offender.
    (e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
    (f) To permit a victim of a violent crime to provide
information to the Prisoner Review Board for consideration by
the Board at a parole hearing of a person who committed the
crime against the victim in accordance with clause (d)(4) of
this Section or at a proceeding to determine the conditions of
mandatory supervised release of a person sentenced to a
determinate sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence, the Board shall establish a toll-free number that may
be accessed by the victim of a violent crime to present that
information to the Board.
(Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff.
8-11-09.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Sections 3-3-2, 3-3-4, and 3-3-5 as follows:
 
    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
    Sec. 3-3-2. Powers and Duties.
    (a) The Parole and Pardon Board is abolished and the term
"Parole and Pardon Board" as used in any law of Illinois, shall
read "Prisoner Review Board." After the effective date of this
amendatory Act of 1977, the Prisoner Review Board shall provide
by rule for the orderly transition of all files, records, and
documents of the Parole and Pardon Board and for such other
steps as may be necessary to effect an orderly transition and
shall:
        (1) hear by at least one member and through a panel of
    at least 3 members decide, cases of prisoners who were
    sentenced under the law in effect prior to the effective
    date of this amendatory Act of 1977, and who are eligible
    for parole;
        (2) hear by at least one member and through a panel of
    at least 3 members decide, the conditions of parole and the
    time of discharge from parole, impose sanctions for
    violations of parole, and revoke parole for those sentenced
    under the law in effect prior to this amendatory Act of
    1977; provided that the decision to parole and the
    conditions of parole for all prisoners who were sentenced
    for first degree murder or who received a minimum sentence
    of 20 years or more under the law in effect prior to
    February 1, 1978 shall be determined by a majority vote of
    the Prisoner Review Board. One representative supporting
    parole and one representative opposing parole will be
    allowed to speak. Their comments shall be limited to making
    corrections and filling in omissions to the Board's
    presentation and discussion;
        (3) hear by at least one member and through a panel of
    at least 3 members decide, the conditions of mandatory
    supervised release and the time of discharge from mandatory
    supervised release, impose sanctions for violations of
    mandatory supervised release, and revoke mandatory
    supervised release for those sentenced under the law in
    effect after the effective date of this amendatory Act of
    1977;
        (3.5) hear by at least one member and through a panel
    of at least 3 members decide, the conditions of mandatory
    supervised release and the time of discharge from mandatory
    supervised release, to impose sanctions for violations of
    mandatory supervised release and revoke mandatory
    supervised release for those serving extended supervised
    release terms pursuant to paragraph (4) of subsection (d)
    of Section 5-8-1;
        (4) hear by at least 1 member and through a panel of at
    least 3 members, decide cases brought by the Department of
    Corrections against a prisoner in the custody of the
    Department for alleged violation of Department rules with
    respect to good conduct credits pursuant to Section 3-6-3
    of this Code in which the Department seeks to revoke good
    conduct credits, if 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 except where the
    infraction is committed or discovered within 60 days of
    scheduled release. In such cases, the Department of
    Corrections may revoke up to 30 days of good conduct
    credit. The Board may subsequently approve the revocation
    of additional good conduct credit, if the Department seeks
    to revoke good conduct credit in excess of thirty days.
    However, the Board shall not be empowered to review the
    Department's decision with respect to the loss of 30 days
    of good conduct credit for any prisoner or to increase any
    penalty beyond the length requested by the Department;
        (5) hear by at least one member and through a panel of
    at least 3 members decide, the release dates for certain
    prisoners sentenced under the law in existence prior to the
    effective date of this amendatory Act of 1977, in
    accordance with Section 3-3-2.1 of this Code;
        (6) hear by at least one member and through a panel of
    at least 3 members decide, all requests for pardon,
    reprieve or commutation, and make confidential
    recommendations to the Governor;
        (7) comply with the requirements of the Open Parole
    Hearings Act;
        (8) hear by at least one member and, through a panel of
    at least 3 members, decide cases brought by the Department
    of Corrections against a prisoner in the custody of the
    Department for court dismissal of a frivolous lawsuit
    pursuant to Section 3-6-3(d) of this Code in which the
    Department seeks to revoke up to 180 days of good conduct
    credit, and if the prisoner has not accumulated 180 days of
    good conduct credit at the time of the dismissal, then all
    good conduct credit accumulated by the prisoner shall be
    revoked; and
        (9) hear by at least 3 members, and, through a panel of
    at least 3 members, decide whether to grant certificates of
    relief from disabilities or certificates of good conduct as
    provided in Article 5.5 of Chapter V.
    (a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and the
Department of Central Management Services, shall implement a
pilot project in 3 correctional institutions providing for the
conduct of hearings under paragraphs (1) and (4) of subsection
(a) of this Section through interactive video conferences. The
project shall be implemented within 6 months after the
effective date of this amendatory Act of 1996. Within 6 months
after the implementation of the pilot project, the Prisoner
Review Board, with the cooperation of and in coordination with
the Department of Corrections and the Department of Central
Management Services, shall report to the Governor and the
General Assembly regarding the use, costs, effectiveness, and
future viability of interactive video conferences for Prisoner
Review Board hearings.
    (b) Upon recommendation of the Department the Board may
restore good conduct credit previously revoked.
    (c) The Board shall cooperate with the Department in
promoting an effective system of parole and mandatory
supervised release.
    (d) The Board shall promulgate rules for the conduct of its
work, and the Chairman shall file a copy of such rules and any
amendments thereto with the Director and with the Secretary of
State.
    (e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
    (f) The Board or one who has allegedly violated the
conditions of his parole or mandatory supervised release may
require 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
Board may sign subpoenas which shall be served by any agent or
public official authorized by the Chairman of the 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 in the State
before the Chairman of the 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 case 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 that investigation or hearing. Any failure to
obey such order of the circuit court may be punished by that
court as a contempt of court.
    Each member of the Board and any hearing officer designated
by the Board shall have the power to administer oaths and to
take the testimony of persons under oath.
    (g) Except under subsection (a) of this Section, a majority
of the members then appointed to the Prisoner Review Board
shall constitute a quorum for the transaction of all business
of the Board.
    (h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
 
    (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)
    Sec. 3-3-4. Preparation for Parole Hearing.
    (a) The Prisoner Review Board shall consider the parole of
each eligible person committed to the Adult Division at least
30 days prior to the date he shall first become eligible for
parole, and shall consider the parole of each person committed
to the Department of Juvenile Justice as a delinquent at least
30 days prior to the expiration of the first year of
confinement.
    (b) A person eligible for parole shall, no less than 15
days in advance of his parole interview hearing, prepare a
parole plan in accordance with the rules of the Prisoner Review
Board. The person shall be assisted in preparing his parole
plan by personnel of the Department of Corrections, or the
Department of Juvenile Justice in the case of a person
committed to that Department, and may, for this purpose, be
released on furlough under Article 11 or on authorized absence
under Section 3-9-4. The appropriate Department shall also
provide assistance in obtaining information and records
helpful to the individual for his parole hearing. If the person
eligible for parole has a petition or any written submissions
prepared on his or her behalf by an attorney or other
representative, the attorney or representative for the person
eligible for parole must serve by certified mail the State's
Attorney of the county where he or she was prosecuted with the
petition or any written submissions 15 days after his or her
parole interview. The State's Attorney shall provide the
attorney for the person eligible for parole with a copy of his
or her letter in opposition to parole via certified mail within
5 business days of the en banc hearing.
    (c) Any member The members of the Board shall have access
at all reasonable times to any committed person and to his
master record file within the Department, and the Department
shall furnish such a report reports to the Board as the Board
may require concerning the conduct and character of any such
person prior to his or her parole interview.
    (d) In making its determination of parole, the Board shall
consider:
        (1) material transmitted to the Department of Juvenile
    Justice by the clerk of the committing court under Section
    5-4-1 or Section 5-10 of the Juvenile Court Act or Section
    5-750 of the Juvenile Court Act of 1987;
        (2) the report under Section 3-8-2 or 3-10-2;
        (3) a report by the Department and any report by the
    chief administrative officer of the institution or
    facility;
        (4) a parole progress report;
        (5) a medical and psychological report, if requested by
    the Board;
        (6) material in writing, or on film, video tape or
    other electronic means in the form of a recording submitted
    by the person whose parole is being considered; and
        (7) material in writing, or on film, video tape or
    other electronic means in the form of a recording or
    testimony submitted by the State's Attorney and the victim
    or a concerned citizen pursuant to the Rights of Crime
    Victims and Witnesses Act.
    (e) The prosecuting State's Attorney's office shall
receive from the Board reasonable written notice not less than
30 15 days prior to the parole interview hearing and may submit
relevant information by oral argument or testimony of victims
and concerned citizens, or both, in writing, or on film, video
tape or other electronic means or in the form of a recording to
the Board for its consideration. Upon written request of the
State's Attorney's office, the Prisoner Review Board shall hear
protests to parole, except in counties of 1,500,000 or more
inhabitants where there shall be standing objections to all
such petitions. If a State's Attorney who represents a county
of less than 1,500,000 inhabitants requests a protest hearing,
the inmate's counsel or other representative shall also receive
notice of such request. This hearing shall take place the month
following the inmate's parole interview. If the inmate's parole
interview is rescheduled then the Prisoner Review Board shall
promptly notify the State's Attorney of the new date. The
person eligible for parole shall be heard at the next scheduled
en banc hearing date. If the case is to be continued, the
State's Attorney's office and the attorney or representative
for the person eligible for parole will be notified of any
continuance within 5 business days. The State's Attorney may
waive the written notice.
    (f) The victim of the violent crime for which the prisoner
has been sentenced shall receive notice of a parole hearing as
provided in paragraph (4) of subsection (d) of Section 4.5 of
the Rights of Crime Victims and Witnesses Act.
    (g) Any recording considered under the provisions of
subsection (d)(6), (d)(7) or (e) of this Section shall be in
the form designated by the Board. Such recording shall be both
visual and aural. Every voice on the recording and person
present shall be identified and the recording shall contain
either a visual or aural statement of the person submitting
such recording, the date of the recording and the name of the
person whose parole eligibility is being considered. Such
recordings shall be , if retained by the Board and shall be
deemed to be submitted at any subsequent parole hearing if the
victim or State's Attorney submits in writing a declaration
clearly identifying such recording as representing the present
position of the victim or State's Attorney regarding the issues
to be considered at the parole hearing.
(Source: P.A. 94-696, eff. 6-1-06.)
 
    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
    Sec. 3-3-5. Hearing and Determination.
    (a) The Prisoner Review Board shall meet as often as need
requires to consider the cases of persons eligible for parole.
Except as otherwise provided in paragraph (2) of subsection (a)
of Section 3-3-2 of this Act, the Prisoner Review Board may
meet and order its actions in panels of 3 or more members. The
action of a majority of the panel shall be the action of the
Board. In consideration of persons committed to the Department
of Juvenile Justice, the panel shall have at least a majority
of members experienced in juvenile matters.
    (b) If the person under consideration for parole is in the
custody of the Department, at least one member of the Board
shall interview him, and a report of that interview shall be
available for the Board's consideration. However, in the
discretion of the Board, the interview need not be conducted if
a psychiatric examination determines that the person could not
meaningfully contribute to the Board's consideration. The
Board may in its discretion parole a person who is then outside
the jurisdiction on his record without an interview. The Board
need not hold a hearing or interview a person who is paroled
under paragraphs (d) or (e) of this Section or released on
Mandatory release under Section 3-3-10.
    (c) 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 deprecate the
    seriousness of his offense or promote disrespect for the
    law; or
        (3) his release would have a substantially adverse
    effect on institutional discipline.
    (d) A person committed under the Juvenile Court Act or the
Juvenile Court Act of 1987 who has not been sooner released
shall be paroled on or before his 20th birthday to begin
serving a period of parole under Section 3-3-8.
    (e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time credit
for good behavior shall be released on parole to serve a period
of parole under Section 5-8-1.
    (f) The Board shall render its decision within a reasonable
time after hearing and shall state the basis therefor both in
the records of the Board and in written notice to the person on
whose application it has acted. In its decision, the Board
shall set the person's time for parole, or if it denies parole
it shall provide for a rehearing not less frequently than once
every year, except that the Board may, after denying parole,
schedule a rehearing no later than 3 years from the date of the
parole denial, if the Board finds that it is not reasonable to
expect that parole would be granted at a hearing prior to the
scheduled rehearing date. If the Board shall parole a person,
and, if he is not released within 90 days from the effective
date of the order granting parole, the matter shall be returned
to the Board for review.
    (g) The Board shall maintain a registry of decisions in
which parole has been granted, which shall include the name and
case number of the prisoner, the highest charge for which the
prisoner was sentenced, the length of sentence imposed, the
date of the sentence, the date of the parole, and the basis for
the decision of the Board to grant parole and the vote of the
Board on any such decisions. The registry shall be made
available for public inspection and copying during business
hours and shall be a public record pursuant to the provisions
of the Freedom of Information Act.
    (h) The Board shall promulgate rules regarding the exercise
of its discretion under this Section.
(Source: P.A. 94-696, eff. 6-1-06.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.