State of Illinois
2011 and 2012


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


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

    Amends the Unified Code of Corrections. Provides that the Prisoner Review Board may, after denying parole, schedule a rehearing no later than 5 (rather than 3) years from the date of the parole denial, if the Board finds that it is not reasonable to expect that parole would be granted at a hearing prior to the scheduled rehearing date.

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SB2306LRB097 08598 RLC 48725 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 3-3-5 as follows:
6    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
7    Sec. 3-3-5. Hearing and Determination.
8    (a) The Prisoner Review Board shall meet as often as need
9requires to consider the cases of persons eligible for parole.
10Except as otherwise provided in paragraph (2) of subsection (a)
11of Section 3-3-2 of this Act, the Prisoner Review Board may
12meet and order its actions in panels of 3 or more members. The
13action of a majority of the panel shall be the action of the
14Board. In consideration of persons committed to the Department
15of Juvenile Justice, the panel shall have at least a majority
16of members experienced in juvenile matters.
17    (b) If the person under consideration for parole is in the
18custody of the Department, at least one member of the Board
19shall interview him, and a report of that interview shall be
20available for the Board's consideration. However, in the
21discretion of the Board, the interview need not be conducted if
22a psychiatric examination determines that the person could not
23meaningfully contribute to the Board's consideration. The



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1Board may in its discretion parole a person who is then outside
2the jurisdiction on his record without an interview. The Board
3need not hold a hearing or interview a person who is paroled
4under paragraphs (d) or (e) of this Section or released on
5Mandatory release under Section 3-3-10.
6    (c) The Board shall not parole a person eligible for parole
7if it determines that:
8        (1) there is a substantial risk that he will not
9    conform to reasonable conditions of parole; or
10        (2) his release at that time would deprecate the
11    seriousness of his offense or promote disrespect for the
12    law; or
13        (3) his release would have a substantially adverse
14    effect on institutional discipline.
15    (d) A person committed under the Juvenile Court Act or the
16Juvenile Court Act of 1987 who has not been sooner released
17shall be paroled on or before his 20th birthday to begin
18serving a period of parole under Section 3-3-8.
19    (e) A person who has served the maximum term of
20imprisonment imposed at the time of sentencing less time credit
21for good behavior shall be released on parole to serve a period
22of parole under Section 5-8-1.
23    (f) The Board shall render its decision within a reasonable
24time after hearing and shall state the basis therefor both in
25the records of the Board and in written notice to the person on
26whose application it has acted. In its decision, the Board



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1shall set the person's time for parole, or if it denies parole
2it shall provide for a rehearing not less frequently than once
3every year, except that the Board may, after denying parole,
4schedule a rehearing no later than 5 3 years from the date of
5the parole denial, if the Board finds that it is not reasonable
6to expect that parole would be granted at a hearing prior to
7the scheduled rehearing date. If the Board shall parole a
8person, and, if he is not released within 90 days from the
9effective date of the order granting parole, the matter shall
10be returned to the Board for review.
11    (g) The Board shall maintain a registry of decisions in
12which parole has been granted, which shall include the name and
13case number of the prisoner, the highest charge for which the
14prisoner was sentenced, the length of sentence imposed, the
15date of the sentence, the date of the parole, and the basis for
16the decision of the Board to grant parole and the vote of the
17Board on any such decisions. The registry shall be made
18available for public inspection and copying during business
19hours and shall be a public record pursuant to the provisions
20of the Freedom of Information Act.
21    (h) The Board shall promulgate rules regarding the exercise
22of its discretion under this Section.
23(Source: P.A. 96-875, eff. 1-22-10.)