97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2305

 

Introduced 2/15/2011, by Sen. Thomas Johnson

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-4  from Ch. 38, par. 1003-3-4

    Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person containing any information from the victim or from a person related to the victim by blood, adoption, or marriage who has written objections, testified at any hearing, or submitted audio or visual objections to the inmate's parole, unless provided with a waiver from that objecting party.


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A BILL FOR

 

SB2305LRB097 08597 RLC 48724 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-3-4 as follows:
 
6    (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)
7    Sec. 3-3-4. Preparation for Parole Hearing.
8    (a) The Prisoner Review Board shall consider the parole of
9each eligible person committed to the Adult Division at least
1030 days prior to the date he shall first become eligible for
11parole, and shall consider the parole of each person committed
12to the Department of Juvenile Justice as a delinquent at least
1330 days prior to the expiration of the first year of
14confinement.
15    (b) A person eligible for parole shall, no less than 15
16days in advance of his parole interview, prepare a parole plan
17in accordance with the rules of the Prisoner Review Board. The
18person shall be assisted in preparing his parole plan by
19personnel of the Department of Corrections, or the Department
20of Juvenile Justice in the case of a person committed to that
21Department, and may, for this purpose, be released on furlough
22under Article 11 or on authorized absence under Section 3-9-4.
23The appropriate Department shall also provide assistance in

 

 

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1obtaining information and records helpful to the individual for
2his parole hearing. If the person eligible for parole has a
3petition or any written submissions prepared on his or her
4behalf by an attorney or other representative, the attorney or
5representative for the person eligible for parole must serve by
6certified mail the State's Attorney of the county where he or
7she was prosecuted with the petition or any written submissions
815 days after his or her parole interview. The State's Attorney
9shall provide the attorney for the person eligible for parole
10with a copy of his or her letter in opposition to parole via
11certified mail within 5 business days of the en banc hearing.
12    (c) Any member of the Board shall have access at all
13reasonable times to any committed person and to his master
14record file within the Department, and the Department shall
15furnish such a report to the Board concerning the conduct and
16character of any such person prior to his or her parole
17interview.
18    (d) In making its determination of parole, the Board shall
19consider:
20        (1) material transmitted to the Department of Juvenile
21    Justice by the clerk of the committing court under Section
22    5-4-1 or Section 5-10 of the Juvenile Court Act or Section
23    5-750 of the Juvenile Court Act of 1987;
24        (2) the report under Section 3-8-2 or 3-10-2;
25        (3) a report by the Department and any report by the
26    chief administrative officer of the institution or

 

 

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1    facility;
2        (4) a parole progress report;
3        (5) a medical and psychological report, if requested by
4    the Board;
5        (6) material in writing, or on film, video tape or
6    other electronic means in the form of a recording submitted
7    by the person whose parole is being considered; and
8        (7) material in writing, or on film, video tape or
9    other electronic means in the form of a recording or
10    testimony submitted by the State's Attorney and the victim
11    or a concerned citizen pursuant to the Rights of Crime
12    Victims and Witnesses Act.
13    (e) The prosecuting State's Attorney's office shall
14receive from the Board reasonable written notice not less than
1530 days prior to the parole interview and may submit relevant
16information by oral argument or testimony of victims and
17concerned citizens, or both, in writing, or on film, video tape
18or other electronic means or in the form of a recording to the
19Board for its consideration. Upon written request of the
20State's Attorney's office, the Prisoner Review Board shall hear
21protests to parole, except in counties of 1,500,000 or more
22inhabitants where there shall be standing objections to all
23such petitions. If a State's Attorney who represents a county
24of less than 1,500,000 inhabitants requests a protest hearing,
25the inmate's counsel or other representative shall also receive
26notice of such request. This hearing shall take place the month

 

 

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1following the inmate's parole interview. If the inmate's parole
2interview is rescheduled then the Prisoner Review Board shall
3promptly notify the State's Attorney of the new date. The
4person eligible for parole shall be heard at the next scheduled
5en banc hearing date. If the case is to be continued, the
6State's Attorney's office and the attorney or representative
7for the person eligible for parole will be notified of any
8continuance within 5 business days. The State's Attorney may
9waive the written notice.
10    (f) The victim of the violent crime for which the prisoner
11has been sentenced shall receive notice of a parole hearing as
12provided in paragraph (4) of subsection (d) of Section 4.5 of
13the Rights of Crime Victims and Witnesses Act.
14    (g) Any recording considered under the provisions of
15subsection (d)(6), (d)(7) or (e) of this Section shall be in
16the form designated by the Board. Such recording shall be both
17visual and aural. Every voice on the recording and person
18present shall be identified and the recording shall contain
19either a visual or aural statement of the person submitting
20such recording, the date of the recording and the name of the
21person whose parole eligibility is being considered. Such
22recordings shall be retained by the Board and shall be deemed
23to be submitted at any subsequent parole hearing if the victim
24or State's Attorney submits in writing a declaration clearly
25identifying such recording as representing the present
26position of the victim or State's Attorney regarding the issues

 

 

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1to be considered at the parole hearing.
2    (h) The Board shall not release any material to the inmate,
3the inmate's attorney, any third party, or any other person
4containing any information from the victim or from a person
5related to the victim by blood, adoption, or marriage who has
6written objections, testified at any hearing, or submitted
7audio or visual objections to the inmate's parole, unless
8provided with a waiver from that objecting party.
9(Source: P.A. 96-875, eff. 1-22-10.)