Sen. William R. Haine
Filed: 3/4/2011
 
 

 

 

 
09700SB1032sam001LRB097 04756 RLC 51723 a



1
AMENDMENT TO SENATE BILL 1032 




2    AMENDMENT NO. ______. Amend Senate Bill 1032 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Open Parole Hearings Act is amended  by 
5changing Sections 5 and 35 as follows:
 



6    (730 ILCS 105/5)  (from Ch. 38, par. 1655)



7    Sec. 5. Definitions. As used in this Act:

8    (a) "Applicant" means an inmate who is being considered for 
9parole by
the Prisoner Review Board.

10    (b) "Board" means the Prisoner Review Board as established 
11in Section
3-3-1 of the Unified Code of Corrections.

12    (c) "Parolee" means a person subject to parole revocation 
13proceedings.

14    (d) "Parole hearing" means the formal hearing and 
15determination of an
inmate being considered for release from 
16incarceration on community
supervision.

 
 
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1    (e) "Parole or mandatory supervised release revocation 
2hearing" means
the formal hearing and determination of 
3allegations that a parolee or
mandatory supervised releasee has 
4violated the conditions of his or her
release agreement.

5    (f) "Victim" means a victim or witness of a violent crime 
6as defined in
subsection (a) of Section 3 of the Bill of Rights 
7for Victims and Witnesses
of Violent Crime Act, or any person 
8legally related to the victim by blood, marriage, adoption, or 
9guardianship, or any friend of the victim, or any concerned 
10citizen.

11    (g) "Violent crime" means a crime defined in subsection (c) 
12of
Section 3 of the Bill of Rights for Victims and Witnesses of 
13Violent
Crime Act.

14(Source: P.A. 87-224.)

 



15    (730 ILCS 105/35)  (from Ch. 38, par. 1685)



16    Sec. 35. Victim impact statements. 

17    (a) The Board shall receive and consider victim impact 
18statements.

19    (b) Victim Written victim impact statements either oral, 
20written, video-taped, tape recorded or made by other electronic 
21means shall not be considered public
documents under provisions 
22of the Freedom of Information Act.

23    (c) The inmate or his attorney shall be informed of the 
24existence of a
victim impact statement and its contents under 
25provisions of Board rules.
This shall not be construed to 
 
 
09700SB1032sam001- 3 -LRB097 04756 RLC 51723 a

1permit disclosure to an inmate of any
information which might 
2result in the risk of threats or physical harm to a
victim or 
3complaining witness.

4    (d) The inmate shall be given the opportunity to answer a 
5victim impact
statement, either orally or in writing.

6    (e) All written victim impact statements shall be part of 
7the applicant's
or parolee's parole file.

8(Source: P.A. 87-224.)

  
 
9    Section 99. Effective date. This Act takes effect upon 
10becoming law.".