Rep. Kelly M. Cassidy

Filed: 4/1/2024

 

 


 

 


 
10300HB5037ham002LRB103 37909 RLC 71635 a

1
AMENDMENT TO HOUSE BILL 5037

2    AMENDMENT NO. ______. Amend House Bill 5037 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-1 and 3-3-4 as follows:
 
6    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
7    Sec. 3-3-1. Establishment and appointment of Prisoner
8Review Board.
9    (a) There shall be a Prisoner Review Board independent of
10the Department which shall be:
11        (1) the paroling authority for persons sentenced under
12    the law in effect prior to the effective date of this
13    amendatory Act of 1977;
14        (1.2) the paroling authority for persons eligible for
15    parole review under Section 5-4.5-115;
16        (1.5) (blank);

 

 

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1        (2) the board of review for cases involving the
2    revocation of sentence credits or a suspension or
3    reduction in the rate of accumulating the credit;
4        (3) the board of review and recommendation for the
5    exercise of executive clemency by the Governor;
6        (4) the authority for establishing release dates for
7    certain prisoners sentenced under the law in existence
8    prior to the effective date of this amendatory Act of
9    1977, in accordance with Section 3-3-2.1 of this Code;
10        (5) the authority for setting conditions for parole
11    and mandatory supervised release under Section 5-8-1(a) of
12    this Code, and determining whether a violation of those
13    conditions warrant revocation of parole or mandatory
14    supervised release or the imposition of other sanctions;
15        (6) the authority for determining whether a violation
16    of aftercare release conditions warrant revocation of
17    aftercare release; and
18        (7) the authority to release medically infirm or
19    disabled prisoners under Section 3-3-14.
20    (b) The Board shall consist of 15 persons appointed by the
21Governor by and with the advice and consent of the Senate. One
22member of the Board shall be designated by the Governor to be
23Chairman and shall serve as Chairman at the pleasure of the
24Governor. The members of the Board shall have had at least 5
25years of actual experience in the fields of penology,
26corrections work, law enforcement, sociology, law, education,

 

 

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1social work, medicine, psychology, other behavioral sciences,
2or a combination thereof. At least 6 members so appointed must
3have at least 3 years experience in the field of juvenile
4matters. No more than 8 Board members may be members of the
5same political party.
6    Within one year of the effective date of this amendatory
7Act of the 103rd General Assembly or within one year of the
8start of the member's term, a member of the Prisoner Review
9Board shall complete a 40-hour training series, to be provided
10by the entity administrating the Illinois Domestic Violence
11Hotline. This training shall be tailored specifically to the
12members of the Prisoner Review Board and shall cover topics
13including, but not limited to, safety planning, criminalized
14survivors, substantiation of gender-based violence, and the
15dynamics of gender-based violence.
16    Each member of the Board shall serve on a full-time basis
17and shall not hold any other salaried public office, whether
18elective or appointive, nor any other office or position of
19profit, nor engage in any other business, employment, or
20vocation. The Chairman of the Board shall receive $35,000 a
21year, or an amount set by the Compensation Review Board,
22whichever is greater, and each other member $30,000, or an
23amount set by the Compensation Review Board, whichever is
24greater.
25    (c) Notwithstanding any other provision of this Section,
26the term of each member of the Board who was appointed by the

 

 

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1Governor and is in office on June 30, 2003 shall terminate at
2the close of business on that date or when all of the successor
3members to be appointed pursuant to this amendatory Act of the
493rd General Assembly have been appointed by the Governor,
5whichever occurs later. As soon as possible, the Governor
6shall appoint persons to fill the vacancies created by this
7amendatory Act.
8    Of the initial members appointed under this amendatory Act
9of the 93rd General Assembly, the Governor shall appoint 5
10members whose terms shall expire on the third Monday in
11January 2005, 5 members whose terms shall expire on the third
12Monday in January 2007, and 5 members whose terms shall expire
13on the third Monday in January 2009. Their respective
14successors shall be appointed for terms of 6 years from the
15third Monday in January of the year of appointment. Each
16member shall serve until his or her successor is appointed and
17qualified.
18    Any member may be removed by the Governor for
19incompetence, neglect of duty, malfeasance or inability to
20serve.
21    (d) The Chairman of the Board shall be its chief executive
22and administrative officer. The Board may have an Executive
23Director; if so, the Executive Director shall be appointed by
24the Governor with the advice and consent of the Senate. The
25salary and duties of the Executive Director shall be fixed by
26the Board.

 

 

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1(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
 
2    (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)
3    Sec. 3-3-4. Preparation for parole hearing.
4    (a) The Prisoner Review Board shall consider the parole of
5each eligible person committed to the Department of
6Corrections at least 30 days prior to the date he or she shall
7first become eligible for parole.
8    (b) A person eligible for parole shall, no less than 15
9days in advance of his or her parole interview, prepare a
10parole plan in accordance with the rules of the Prisoner
11Review Board. The person shall be assisted in preparing his or
12her parole plan by personnel of the Department of Corrections,
13and may, for this purpose, be released on furlough under
14Article 11. The Department shall also provide assistance in
15obtaining information and records helpful to the individual
16for his or her parole hearing. If the person eligible for
17parole has a petition or any written submissions prepared on
18his or her behalf by an attorney or other representative, the
19attorney or representative for the person eligible for parole
20must serve by certified mail the State's Attorney of the
21county where he or she was prosecuted with the petition or any
22written submissions 15 days after his or her parole interview.
23The State's Attorney shall provide the attorney for the person
24eligible for parole with a copy of his or her letter in
25opposition to parole via certified mail within 5 business days

 

 

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1of the en banc hearing.
2    (c) Any member of the Board shall have access at all
3reasonable times to any committed person and to his or her
4master record file within the Department, and the Department
5shall furnish such a report to the Board concerning the
6conduct and character of any such person prior to his or her
7parole interview.
8    (d) In making its determination of parole, the Board shall
9consider:
10        (1) (blank);
11        (2) the report under Section 3-8-2 or 3-10-2;
12        (3) a report by the Department and any report by the
13    chief administrative officer of the institution or
14    facility;
15        (4) a parole progress report;
16        (5) a medical and psychological report, if requested
17    by the Board;
18        (6) material in writing, or on film, video tape or
19    other electronic means in the form of a recording
20    submitted by the person whose parole is being considered;
21        (7) material in writing, or on film, video tape or
22    other electronic means in the form of a recording or
23    testimony submitted by the State's Attorney and the victim
24    or a concerned citizen pursuant to the Rights of Crime
25    Victims and Witnesses Act; and
26        (8) the person's eligibility for commitment under the

 

 

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1    Sexually Violent Persons Commitment Act; and .
2        (9) any prior or current orders of protection, civil
3    no contact orders, or stalking no contact orders against
4    the person or any pending petition for an order of
5    protection, civil no contact order, or stalking no contact
6    order against the person.
7    (e) The prosecuting State's Attorney's office shall
8receive from the Board reasonable written notice not less than
930 days prior to the parole interview and may submit relevant
10information by oral argument or testimony of victims and
11concerned citizens, or both, in writing, or on film, video
12tape or other electronic means or in the form of a recording to
13the Board for its consideration. Upon written request of the
14State's Attorney's office, the Prisoner Review Board shall
15hear protests to parole, except in counties of 1,500,000 or
16more inhabitants where there shall be standing objections to
17all such petitions. If a State's Attorney who represents a
18county of less than 1,500,000 inhabitants requests a protest
19hearing, the inmate's counsel or other representative shall
20also receive notice of such request. This hearing shall take
21place the month following the inmate's parole interview. If
22the inmate's parole interview is rescheduled then the Prisoner
23Review Board shall promptly notify the State's Attorney of the
24new date. The person eligible for parole shall be heard at the
25next scheduled en banc hearing date. If the case is to be
26continued, the State's Attorney's office and the attorney or

 

 

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1representative for the person eligible for parole will be
2notified of any continuance within 5 business days. The
3State's Attorney may waive the written notice.
4    (f) The victim of the violent crime for which the prisoner
5has been sentenced shall receive notice of a parole hearing as
6provided in paragraph (4) of subsection (d) of Section 4.5 of
7the Rights of Crime Victims and Witnesses Act.
8    (g) Any recording considered under the provisions of
9subsection (d)(6), (d)(7) or (e) of this Section shall be in
10the form designated by the Board. Such recording shall be both
11visual and aural. Every voice on the recording and person
12present shall be identified and the recording shall contain
13either a visual or aural statement of the person submitting
14such recording, the date of the recording and the name of the
15person whose parole eligibility is being considered. Such
16recordings shall be retained by the Board and shall be deemed
17to be submitted at any subsequent parole hearing if the victim
18or State's Attorney submits in writing a declaration clearly
19identifying such recording as representing the present
20position of the victim or State's Attorney regarding the
21issues to be considered at the parole hearing.
22    (h) The Board shall not release any material to the
23inmate, the inmate's attorney, any third party, or any other
24person containing any information from a victim who has
25written objections, testified at any hearing, or submitted
26audio or visual objections to the inmate's parole, unless

 

 

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1provided with a waiver from that victim. Victim statements
2provided to the Board shall be confidential and privileged,
3including any statements received prior to the effective date
4of this amendatory Act of the 101st General Assembly, except
5if the statement was an oral statement made by the victim at a
6hearing open to the public. The Board shall not release the
7names or addresses of any person on its victim registry to any
8other person except the victim, a law enforcement agency, or
9other victim notification system.
10(Source: P.A. 101-288, eff. 1-1-20.)".