96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1725


 
Introduced 2/19/2009, by Sen. Kwame Raoul
 
SYNOPSIS AS INTRODUCED:
 		














730 ILCS 5/3-3-5
  from Ch. 38, par. 1003-3-5







    Amends the Unified Code of Corrections.  Provides that a person committed under the Juvenile Court Act of 1987 shall be released on parole to serve a period of no more than 6 months on parole.   Provides that parole shall automatically terminate at the end of 6 months, if not terminated earlier, for all persons committed under the Juvenile Court Act of 1987.  Provides that a person shall not be recommitted unless his or her parole is violated by  a finding of guilt of a new offense under the Juvenile Court Act of 1987.
















LRB096 07482 RLC 17575 b

















 


 


A BILL FOR









 











SB1725

LRB096 07482 RLC 17575 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Unified Code of Corrections is amended  by 
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changing Section 3-3-5 as follows:
 


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    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)


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    Sec. 3-3-5. Hearing and Determination. 

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    (a) The Prisoner
Review  Board shall meet as often as need 
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requires to consider
the cases of persons eligible for parole. 
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Except as otherwise
provided in paragraph (2) of subsection (a) 
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of Section 3-3-2
of this Act, the Prisoner Review Board may 
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meet and
order its actions in panels of 3 or more members. The 
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action
of a majority of the panel shall be the action of the 
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Board.
In consideration of persons committed to the Department 
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of Juvenile Justice,
the panel shall have at least a majority 
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of members experienced
in juvenile matters.

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    (b) If the person under consideration for parole is in the

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custody of the Department, at least one member of the Board

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shall interview him, and a report of that interview shall be

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available for the Board's consideration.  However, in the

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discretion of the Board, the interview need not be conducted
if 
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a psychiatric examination determines that the person could
not 
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meaningfully contribute to the Board's consideration. The

 


 






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Board may in its discretion parole a person who is then outside

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the jurisdiction on his record without an interview. The Board

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need not hold a hearing or interview a person who is paroled

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under paragraphs (d) or (e) of this Section or released on

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Mandatory release under Section 3-3-10.

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    (c) The Board shall not parole a person eligible for
parole 
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if it determines that:


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        (1) there is a substantial risk that he will not

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    conform to reasonable conditions of parole; or


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        (2) his release at that time would deprecate the

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    seriousness of his offense or promote disrespect for the 
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    law; or


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        (3) his release would have a substantially adverse

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    effect on institutional discipline.

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    (d) A person committed under the Juvenile Court Act
or the 
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Juvenile Court Act of 1987
who has not been sooner released 
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shall be paroled on or before
his 20th birthday to begin 
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serving a period of parole under
Section 3-3-8. A person 
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committed under the Juvenile Court Act of 1987 shall be 
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released on parole to serve a period of no more than 6 months 
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on parole.   Parole shall automatically terminate at the end of 6 
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months, if not terminated earlier, for all persons committed 
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under the Juvenile Court Act of 1987.  A person shall not  be 
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recommitted unless his or her parole is violated by a finding 
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of guilt of a new offense under the Juvenile Court Act of 1987. 

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    (e) A person who has served the maximum term of

 


 






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imprisonment imposed at the time of sentencing less time
credit 
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for good behavior shall be released on parole to
serve a period 
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of parole under Section 5-8-1.

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    (f) The Board shall render its decision within a
reasonable 
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time after hearing and shall state the basis
therefor both in 
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the records of the Board and in written
notice to the person on 
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whose application it has acted.
In its decision, the Board 
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shall set the person's time
for parole, or if it denies parole 
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it shall provide for
a rehearing not less frequently than once 
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every
year, except that the Board may,
after denying parole,

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schedule a rehearing no later than 3 years from the date of the 
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parole
denial, if the Board finds that it is not reasonable to 
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expect that parole
would be granted at a hearing prior to the 
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scheduled rehearing date. If the
Board shall parole a person, 
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and, if he is not released within 90 days from
the effective 
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date of the order granting parole, the matter shall be
returned 
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to the Board for review.

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    (g) The Board shall maintain a registry of decisions in 
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which parole
has been granted, which shall include the name and 
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case number of the
prisoner, the highest charge for which the 
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prisoner was sentenced, the
length of sentence imposed, the 
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date of the sentence, the date of the
parole, the basis for the 
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decision of the Board to grant parole and the
vote of the Board 
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on any such decisions.  The registry shall be made available
for 
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public inspection and copying during business hours and shall 
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be a public
record pursuant to the provisions of the Freedom of 
 


 






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Information Act.

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    (h) The Board shall promulgate rules regarding the exercise

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of its discretion under this Section.

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(Source: P.A. 94-696, eff. 6-1-06.)