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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Sections 3-3-2 and 3-3-4 as follows:
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6 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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7 | Sec. 3-3-2. Powers and Duties.
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8 | (a) The Parole and Pardon Board is abolished and the term | ||||||
9 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
10 | read "Prisoner Review
Board." After the effective date of this | ||||||
11 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
12 | by rule for the orderly transition of
all files, records, and | ||||||
13 | documents of the Parole and Pardon Board and for
such other | ||||||
14 | steps as may be necessary to effect an orderly transition and | ||||||
15 | shall:
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16 | (1) hear by at least one member and through a panel of | ||||||
17 | at least 3 members
decide, cases of prisoners
who were | ||||||
18 | sentenced under the law in effect prior to the effective
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19 | date of this amendatory Act of 1977, and who are eligible | ||||||
20 | for parole;
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21 | (2) hear by at least one member and through a panel of | ||||||
22 | at least 3 members decide, the conditions of
parole and the | ||||||
23 | time of discharge from parole, impose sanctions for
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1 | violations of parole, and revoke
parole for those sentenced | ||||||
2 | under the law in effect prior to this amendatory
Act of | ||||||
3 | 1977; provided that the decision to parole and the | ||||||
4 | conditions of
parole for all prisoners who were sentenced | ||||||
5 | for first degree murder or who
received a minimum sentence | ||||||
6 | of 20 years or more under the law in effect
prior to | ||||||
7 | February 1, 1978 shall be determined by a majority vote of | ||||||
8 | the
Prisoner Review Board. One representative supporting | ||||||
9 | parole and one representative opposing parole will be | ||||||
10 | allowed to speak. Their comments shall be limited to making | ||||||
11 | corrections and filling in omissions to the Board's | ||||||
12 | presentation and discussion;
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13 | (3) hear by at least one member and through a panel of | ||||||
14 | at least 3 members decide, the conditions
of mandatory | ||||||
15 | supervised release and the time of discharge from mandatory
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16 | supervised release, impose sanctions for violations of | ||||||
17 | mandatory
supervised release, and revoke mandatory | ||||||
18 | supervised release for those
sentenced under the law in | ||||||
19 | effect after the effective date of this
amendatory Act of | ||||||
20 | 1977;
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21 | (3.5) hear by at least one member and through a panel | ||||||
22 | of at least 3 members decide, the conditions of mandatory | ||||||
23 | supervised release and the time of discharge from mandatory | ||||||
24 | supervised release, to impose sanctions for violations of | ||||||
25 | mandatory supervised release and revoke mandatory | ||||||
26 | supervised release for those serving extended supervised |
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1 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
2 | of Section 5-8-1;
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3 | (4) hear by at least 1 member and through a panel of at | ||||||
4 | least 3
members,
decide cases brought by the Department of | ||||||
5 | Corrections against a prisoner in
the custody of the | ||||||
6 | Department for alleged violation of Department rules
with | ||||||
7 | respect to good conduct credits pursuant to Section 3-6-3 | ||||||
8 | of this Code
in which the Department seeks to revoke good | ||||||
9 | conduct credits, if the amount
of time at issue exceeds 30 | ||||||
10 | days or when, during any 12 month period, the
cumulative | ||||||
11 | amount of credit revoked exceeds 30 days except where the
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12 | infraction is committed or discovered within 60 days of | ||||||
13 | scheduled release.
In such cases, the Department of | ||||||
14 | Corrections may revoke up to 30 days of
good conduct | ||||||
15 | credit. The Board may subsequently approve the revocation | ||||||
16 | of
additional good conduct credit, if the Department seeks | ||||||
17 | to revoke good
conduct credit in excess of thirty days. | ||||||
18 | However, the Board shall not be
empowered to review the | ||||||
19 | Department's decision with respect to the loss of
30 days | ||||||
20 | of good conduct credit for any prisoner or to increase any | ||||||
21 | penalty
beyond the length requested by the Department;
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22 | (5) hear by at least one member and through a panel of | ||||||
23 | at least 3
members decide, the
release dates for certain | ||||||
24 | prisoners sentenced under the law in existence
prior to the | ||||||
25 | effective date of this amendatory Act of 1977, in
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26 | accordance with Section 3-3-2.1 of this Code;
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1 | (6) hear by at least one member and through a panel of | ||||||
2 | at least 3 members
decide, all requests for pardon, | ||||||
3 | reprieve or commutation, and make confidential
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4 | recommendations to the Governor;
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5 | (7) comply with the requirements of the Open Parole | ||||||
6 | Hearings Act;
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7 | (8) hear by at least one member and, through a panel of | ||||||
8 | at least 3
members, decide cases brought by the Department | ||||||
9 | of Corrections against a
prisoner in the custody of the | ||||||
10 | Department for court dismissal of a frivolous
lawsuit | ||||||
11 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
12 | Department seeks
to revoke up to 180 days of good conduct | ||||||
13 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
14 | good conduct credit at the time of the dismissal, then
all | ||||||
15 | good conduct credit accumulated by the prisoner shall be | ||||||
16 | revoked;
and
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17 | (9) hear by at least 3 members, and, through a panel of | ||||||
18 | at least 3
members, decide whether to grant certificates of | ||||||
19 | relief from
disabilities or certificates of good conduct as | ||||||
20 | provided in Article 5.5 of
Chapter V.
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21 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
22 | and in
coordination with the Department of Corrections and the | ||||||
23 | Department of Central
Management Services, shall implement a | ||||||
24 | pilot project in 3 correctional
institutions providing for the | ||||||
25 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
26 | (a) of this Section through interactive video conferences.
The
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1 | project shall be implemented within 6 months after the | ||||||
2 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
3 | after the implementation of the pilot
project, the Prisoner | ||||||
4 | Review Board, with the cooperation of and in coordination
with | ||||||
5 | the Department of Corrections and the Department of Central | ||||||
6 | Management
Services, shall report to the Governor and the | ||||||
7 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
8 | future viability of interactive video
conferences for Prisoner | ||||||
9 | Review Board hearings.
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10 | (b) Upon recommendation of the Department the Board may | ||||||
11 | restore good
conduct credit previously revoked.
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12 | (c) The Board shall cooperate with the Department in | ||||||
13 | promoting an
effective system of parole and mandatory | ||||||
14 | supervised release.
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15 | (d) The Board shall promulgate rules for the conduct of its | ||||||
16 | work,
and the Chairman shall file a copy of such rules and any | ||||||
17 | amendments
thereto with the Director and with the Secretary of | ||||||
18 | State.
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19 | (e) The Board shall keep records of all of its official | ||||||
20 | actions and
shall make them accessible in accordance with law | ||||||
21 | and the rules of the
Board.
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22 | (f) The Board or one who has allegedly violated the | ||||||
23 | conditions of
his parole or mandatory supervised release may | ||||||
24 | require by subpoena the
attendance and testimony of witnesses | ||||||
25 | and the production of documentary
evidence , electronic | ||||||
26 | evidence, computer files, DVDs, or audio or tape recordings |
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1 | relating to any matter under investigation or hearing and may | ||||||
2 | subpoena other physical evidence for the purpose of hearings | ||||||
3 | specifically authorized under paragraph (3), (3.5), (4), or (8) | ||||||
4 | of subsection (a) subject to the Board's maintenance of a | ||||||
5 | continuous chain of custody . The
Chairman of the Board may sign | ||||||
6 | subpoenas which shall be served by any
agent or public official | ||||||
7 | authorized by the Chairman of the Board, or by
any person | ||||||
8 | lawfully authorized to serve a subpoena under the laws of the
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9 | State of Illinois. The attendance of witnesses , and the | ||||||
10 | production of
documentary evidence, physical evidence, | ||||||
11 | electronic evidence, computer files, DVDs, or audio or tape | ||||||
12 | recordings may be required from any place in the State to a
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13 | hearing location in the State before the Chairman of the Board | ||||||
14 | or his
designated agent or agents or any duly constituted | ||||||
15 | Committee or
Subcommittee of the Board. Witnesses so summoned | ||||||
16 | shall be paid the same
fees and mileage that are paid witnesses | ||||||
17 | in the circuit courts of the
State, and witnesses whose | ||||||
18 | depositions are taken and the persons taking
those depositions | ||||||
19 | are each entitled to the same fees as are paid for
like | ||||||
20 | services in actions in the circuit courts of the State. Fees | ||||||
21 | and
mileage shall be vouchered for payment when the witness is | ||||||
22 | discharged
from further attendance.
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23 | In case of disobedience to a subpoena, the Board may | ||||||
24 | petition any
circuit court of the State for an order requiring | ||||||
25 | the attendance and
testimony of witnesses or the production of | ||||||
26 | documentary evidence , physical evidence, electronic evidence, |
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1 | computer files, DVDs, or audio or tape recordings, or
both. A | ||||||
2 | copy of such petition shall be served by personal service or by
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3 | registered or certified mail upon the person who has failed to | ||||||
4 | obey the
subpoena, and such person shall be advised in writing | ||||||
5 | that a hearing
upon the petition will be requested in a court | ||||||
6 | room to be designated in
such notice before the judge hearing | ||||||
7 | motions or extraordinary remedies
at a specified time, on a | ||||||
8 | specified date, not less than 10 nor more than
15 days after | ||||||
9 | the deposit of the copy of the written notice and petition
in | ||||||
10 | the U.S. mails addressed to the person at his last known | ||||||
11 | address or
after the personal service of the copy of the notice | ||||||
12 | and petition upon
such person. The court upon the filing of | ||||||
13 | such a petition, may order the
person refusing to obey the | ||||||
14 | subpoena to appear at an investigation or
hearing, or to there | ||||||
15 | produce documentary evidence, if so ordered, or to
give | ||||||
16 | evidence relative to the subject matter of that investigation | ||||||
17 | or
hearing. Any failure to obey such order of the circuit court | ||||||
18 | may be
punished by that court as a contempt of court.
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19 | Each member of the Board and any hearing officer designated | ||||||
20 | by the
Board shall have the power to administer oaths and to | ||||||
21 | take the testimony
of persons under oath.
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22 | (g) Except under subsection (a) of this Section, a majority | ||||||
23 | of the
members then appointed to the Prisoner Review Board | ||||||
24 | shall constitute a
quorum for the transaction of all business | ||||||
25 | of the Board.
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26 | (h) The Prisoner Review Board shall annually transmit to |
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1 | the
Director a detailed report of its work for the preceding | ||||||
2 | calendar year.
The annual report shall also be transmitted to | ||||||
3 | the Governor for
submission to the Legislature.
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4 | (Source: P.A. 96-875, eff. 1-22-10.)
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5 | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
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6 | Sec. 3-3-4. Preparation for Parole Hearing.
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7 | (a) The Prisoner Review Board shall consider the parole
of | ||||||
8 | each eligible person committed to the Adult Division at
least | ||||||
9 | 30 days prior to the date he shall first become
eligible for | ||||||
10 | parole, and shall consider the parole of each
person committed | ||||||
11 | to the Department of Juvenile Justice as a delinquent
at least | ||||||
12 | 30 days prior to the expiration of the first year
of | ||||||
13 | confinement.
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14 | (b) A person eligible for parole shall, no less than 15 | ||||||
15 | days in advance of
his parole interview, prepare a parole plan | ||||||
16 | in accordance
with the rules of the Prisoner Review Board. The | ||||||
17 | person
shall be assisted in preparing his parole plan by | ||||||
18 | personnel
of the Department of Corrections, or the Department | ||||||
19 | of Juvenile Justice in the case of a person committed to that | ||||||
20 | Department, and may, for this purpose, be released
on furlough | ||||||
21 | under Article 11 or on authorized absence under
Section 3-9-4. | ||||||
22 | The appropriate Department shall also provide
assistance in | ||||||
23 | obtaining information and records helpful to
the individual for | ||||||
24 | his parole hearing. If the person eligible for parole has a | ||||||
25 | petition or any written submissions prepared on his or her |
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1 | behalf by an attorney or other representative, the attorney or | ||||||
2 | representative for the person eligible for parole must serve by | ||||||
3 | certified mail the State's Attorney of the county where he or | ||||||
4 | she was prosecuted with the petition or any written submissions | ||||||
5 | 15 days after his or her parole interview. The State's Attorney | ||||||
6 | shall provide the attorney for the person eligible for parole | ||||||
7 | with a copy of his or her letter in opposition to parole via | ||||||
8 | certified mail within 5 business days of the en banc hearing.
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9 | (c) Any member of the Board shall have access at all
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10 | reasonable times to any committed person and to his master
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11 | record file within the Department, and the Department shall
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12 | furnish such a report to the Board
concerning the conduct and | ||||||
13 | character of any such person prior to his or her parole | ||||||
14 | interview.
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15 | (d) In making its determination of parole, the Board
shall | ||||||
16 | consider:
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17 | (1) material transmitted to the Department of Juvenile | ||||||
18 | Justice by the
clerk of the committing court under Section | ||||||
19 | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | ||||||
20 | 5-750 of the Juvenile
Court Act of 1987;
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21 | (2) the report under Section 3-8-2 or 3-10-2;
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22 | (3) a report by the Department and any report by the
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23 | chief administrative officer of the institution or | ||||||
24 | facility;
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25 | (4) a parole progress report;
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26 | (5) a medical and psychological report, if requested
by |
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1 | the Board;
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2 | (6) material in writing, or on film, video tape or | ||||||
3 | other electronic
means in the form of a recording submitted | ||||||
4 | by the person whose parole
is being considered; and
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5 | (7) material in writing, or on film, video tape or | ||||||
6 | other electronic
means in the form of a recording or | ||||||
7 | testimony submitted by the State's
Attorney and the victim | ||||||
8 | or a concerned citizen pursuant to the Rights of Crime | ||||||
9 | Victims and Witnesses Act.
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10 | (e) The prosecuting State's Attorney's office shall | ||||||
11 | receive from the Board reasonable
written notice not less than | ||||||
12 | 30 days prior to the parole interview and may
submit relevant | ||||||
13 | information by oral argument or testimony of victims and | ||||||
14 | concerned citizens, or both, in writing, or on film, video tape | ||||||
15 | or other
electronic means or in the form of a recording to the | ||||||
16 | Board for its
consideration. Upon written request of the | ||||||
17 | State's Attorney's office, the Prisoner Review Board shall hear | ||||||
18 | protests to parole, except in counties of 1,500,000 or more | ||||||
19 | inhabitants where there shall be standing objections to all | ||||||
20 | such petitions. If a State's Attorney who represents a county | ||||||
21 | of less than 1,500,000 inhabitants requests a protest hearing, | ||||||
22 | the inmate's counsel or other representative shall also receive | ||||||
23 | notice of such request.
This hearing shall take place the month | ||||||
24 | following the inmate's parole interview. If the inmate's parole | ||||||
25 | interview is rescheduled then the Prisoner Review Board shall | ||||||
26 | promptly notify the State's Attorney of the new date. The |
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1 | person eligible for parole shall be heard at the next scheduled | ||||||
2 | en banc hearing date. If the case is to be continued, the | ||||||
3 | State's Attorney's office and the attorney or representative | ||||||
4 | for the person eligible for parole will be notified of any | ||||||
5 | continuance within 5 business days. The State's Attorney may | ||||||
6 | waive the written notice.
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7 | (f) The victim of the violent crime for which the prisoner | ||||||
8 | has been
sentenced shall receive notice of a parole hearing as | ||||||
9 | provided in paragraph
(4) of subsection (d) of Section 4.5 of | ||||||
10 | the Rights of Crime Victims and Witnesses
Act.
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11 | (g) Any recording considered under the provisions of | ||||||
12 | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | ||||||
13 | the form designated by the Board.
Such recording shall be both | ||||||
14 | visual and aural. Every voice on the
recording and person | ||||||
15 | present shall be identified and the recording shall
contain | ||||||
16 | either a visual or aural statement of the person submitting | ||||||
17 | such
recording, the date of the recording and the name of the | ||||||
18 | person whose
parole eligibility is being considered. Such | ||||||
19 | recordings shall be retained by
the Board and shall be deemed | ||||||
20 | to be submitted at any subsequent parole hearing
if the victim | ||||||
21 | or State's Attorney submits in writing a declaration clearly
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22 | identifying such recording as representing the present | ||||||
23 | position of the
victim or State's Attorney regarding the issues | ||||||
24 | to be considered at the parole
hearing.
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25 | (h) The Board shall not release any material to the inmate, | ||||||
26 | the inmate's attorney, any third party, or any other person |
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1 | containing any information from the victim or from a person | ||||||
2 | related to the victim by blood, adoption, or marriage who has | ||||||
3 | written objections, testified at any hearing, or submitted | ||||||
4 | audio or visual objections to the inmate's parole, unless | ||||||
5 | provided with a waiver from that objecting party. | ||||||
6 | (Source: P.A. 96-875, eff. 1-22-10.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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