Illinois General Assembly - Full Text of HB6110
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Full Text of HB6110  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/11/2016, by Rep. Michael P. McAuliffe


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

    Amends the Unified Code of Corrections. Provides that a person who was convicted of killing a peace officer in the line of duty shall not be granted parole or aftercare release unless three-fourths members of the Prisoner Review Board agree.

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HB6110LRB099 16772 SLF 41117 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
10and aftercare release. Except as otherwise provided in
11paragraph (2) of subsection (a) of Section 3-3-2 of this Act,
12the Prisoner Review Board may meet and order its actions in
13panels of 3 or more members. The action of a majority of the
14panel shall be the action of the Board. In consideration of
15persons committed to the Department of Juvenile Justice, the
16panel shall have at least a majority of members experienced in
17juvenile matters.
18    (b) If the person under consideration for parole or
19aftercare release is in the custody of the Department, at least
20one member of the Board shall interview him or her, and a
21report of that interview shall be available for the Board's
22consideration. However, in the discretion of the Board, the
23interview need not be conducted if a psychiatric examination



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1determines that the person could not meaningfully contribute to
2the Board's consideration. The Board may in its discretion
3parole or release on aftercare a person who is then outside the
4jurisdiction on his or her record without an interview. The
5Board need not hold a hearing or interview a person who is
6paroled or released on aftercare under paragraphs (d) or (e) of
7this Section or released on Mandatory release under Section
9    (c) The Board shall not parole or release a person eligible
10for parole or aftercare release if it determines that:
11        (1) there is a substantial risk that he or she will not
12    conform to reasonable conditions of parole or aftercare
13    release; or
14        (2) his or her release at that time would deprecate the
15    seriousness of his or her offense or promote disrespect for
16    the law; or
17        (3) his or her release would have a substantially
18    adverse effect on institutional discipline.
19    (d) A person committed under the Juvenile Court Act or the
20Juvenile Court Act of 1987 who has not been sooner released
21shall be released on aftercare on or before his or her 20th
22birthday or upon completion of the maximum term of confinement
23ordered by the court under Section 5-710 of the Juvenile Court
24Act of 1987, whichever is sooner, to begin serving a period of
25aftercare release under Section 3-3-8.
26    (e) A person who has served the maximum term of



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1imprisonment imposed at the time of sentencing less time credit
2for good behavior shall be released on parole to serve a period
3of parole under Section 5-8-1.
4    (f) The Board shall render its decision within a reasonable
5time after hearing and shall state the basis therefor both in
6the records of the Board and in written notice to the person on
7whose application it has acted. In its decision, the Board
8shall set the person's time for parole or aftercare release, or
9if it denies parole or aftercare release it shall provide for a
10rehearing not less frequently than once every year, except that
11the Board may, after denying parole, schedule a rehearing no
12later than 5 years from the date of the parole denial, if the
13Board finds that it is not reasonable to expect that parole
14would be granted at a hearing prior to the scheduled rehearing
15date. If the Board shall parole or release a person, and, if he
16or she is not released within 90 days from the effective date
17of the order granting parole or aftercare release, the matter
18shall be returned to the Board for review.
19    (f-1) If the Board paroles or releases a person who is
20eligible for commitment as a sexually violent person, the
21effective date of the Board's order shall be stayed for 90 days
22for the purpose of evaluation and proceedings under the
23Sexually Violent Persons Commitment Act.
24    (f-2) A person who was convicted of killing a peace officer
25in the line of duty who is eligible for parole or aftercare
26release shall be granted parole or aftercare release only with



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1the action of three-fourths of the members of the Board.
2    (g) The Board shall maintain a registry of decisions in
3which parole has been granted, which shall include the name and
4case number of the prisoner, the highest charge for which the
5prisoner was sentenced, the length of sentence imposed, the
6date of the sentence, the date of the parole, and the basis for
7the decision of the Board to grant parole and the vote of the
8Board on any such decisions. The registry shall be made
9available for public inspection and copying during business
10hours and shall be a public record pursuant to the provisions
11of the Freedom of Information Act.
12    (h) The Board shall promulgate rules regarding the exercise
13of its discretion under this Section.
14(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16.)