Full Text of HB5908 95th General Assembly
HB5908 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5908
Introduced , by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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725 ILCS 120/4.5 |
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725 ILCS 207/5 |
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730 ILCS 5/3-3-2 |
from Ch. 38, par. 1003-3-2 |
730 ILCS 5/3-3-4 |
from Ch. 38, par. 1003-3-4 |
730 ILCS 5/3-3-5 |
from Ch. 38, par. 1003-3-5 |
730 ILCS 5/3-3-8 |
from Ch. 38, par. 1003-3-8 |
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Amends the Rights of Crime Victims and Witnesses Act. Provides that the victim of the crime for which the prisoner has been sentenced
shall receive reasonable written notice not less than 30 (rather than 15) days prior to the
parole hearing. Provides that if a victim or concerned citizen has registered an objection to parole of an inmate, the victim or concerned citizen may receive a copy of the most recent written submissions that the inmate filed in requesting parole. Amends the Sexually Violent Persons Commitment Act. Includes in the definition of sexually violent offense, first degree murder, if it is determined by the agency with jurisdiction that a sexually violent offense was committed during the same course of criminal conduct as the first degree murder and that relevant and reliable evidence shows that the sexually violent offense was committed by the inmate or by a person for whom the inmate was legally accountable if the inmate aided, encouraged, or abetted the sexually violent offense for the inmate's own personal sexual gratification. Amends the Unified Code of Corrections. Changes procedures relating to parole hearings. Effective immediately.
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A BILL FOR
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Rights of Crime Victims and Witnesses Act is | 5 |
| amended by changing Section 4.5 as follows:
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| (725 ILCS 120/4.5)
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| Sec. 4.5. Procedures to implement the rights of crime | 8 |
| victims. To afford
crime victims their rights, law enforcement, | 9 |
| prosecutors, judges and
corrections will provide information, | 10 |
| as appropriate of the following
procedures:
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| (a) At the request of the crime victim, law enforcement | 12 |
| authorities
investigating the case shall provide notice of the | 13 |
| status of the investigation,
except where the State's Attorney | 14 |
| determines that disclosure of such
information would | 15 |
| unreasonably interfere with the investigation, until such
time | 16 |
| as the alleged assailant is apprehended or the investigation is | 17 |
| closed.
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| (b) The office of the State's Attorney:
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| (1) shall provide notice of the filing of information, | 20 |
| the return of an
indictment by which a prosecution for any | 21 |
| violent crime is commenced, or the
filing of a petition to | 22 |
| adjudicate a minor as a delinquent for a violent
crime;
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| (2) shall provide notice of the date, time, and place |
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| of trial;
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| (3) or victim advocate personnel shall provide | 3 |
| information of social
services and financial assistance | 4 |
| available for victims of crime, including
information of | 5 |
| how to apply for these services and assistance;
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| (4) shall assist in having any stolen or other personal | 7 |
| property held by
law enforcement authorities for | 8 |
| evidentiary or other purposes returned as
expeditiously as | 9 |
| possible, pursuant to the procedures set out in Section | 10 |
| 115-9
of the Code of Criminal Procedure of 1963;
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| (5) or victim advocate personnel shall provide | 12 |
| appropriate employer
intercession services to ensure that | 13 |
| employers of victims will cooperate with
the criminal | 14 |
| justice system in order to minimize an employee's loss of | 15 |
| pay and
other benefits resulting from court appearances;
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| (6) shall provide information whenever possible, of a | 17 |
| secure waiting
area during court proceedings that does not | 18 |
| require victims to be in close
proximity to defendant or | 19 |
| juveniles accused of a violent crime, and their
families | 20 |
| and friends;
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| (7) shall provide notice to the crime victim of the | 22 |
| right to have a
translator present at all court | 23 |
| proceedings;
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| (8) in the case of the death of a person, which death | 25 |
| occurred in the same
transaction or occurrence in which | 26 |
| acts occurred for which a defendant is
charged with an |
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| offense, shall notify the spouse, parent, child or sibling | 2 |
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the decedent of the date of the trial of the person or | 3 |
| persons allegedly
responsible for the death;
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| (9) shall inform the victim of the right to have | 5 |
| present at all court
proceedings, subject to the rules of | 6 |
| evidence, an advocate or other support
person of the | 7 |
| victim's choice, and the right to retain an attorney, at | 8 |
| the
victim's own expense, who, upon written notice filed | 9 |
| with the clerk of the
court and State's Attorney, is to | 10 |
| receive copies of all notices, motions and
court orders | 11 |
| filed thereafter in the case, in the same manner as if the | 12 |
| victim
were a named party in the case; and
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| (10) at the sentencing hearing shall make a good faith | 14 |
| attempt to explain
the minimum amount of time during which | 15 |
| the defendant may actually be
physically imprisoned. The | 16 |
| Office of the State's Attorney shall further notify
the | 17 |
| crime victim of the right to request from the Prisoner | 18 |
| Review Board
information concerning the release of the | 19 |
| defendant under subparagraph (d)(1)
of this Section; and
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| (11) shall request restitution at sentencing and shall | 21 |
| consider
restitution in any plea negotiation, as provided | 22 |
| by law.
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| (c) At the written request of the crime victim, the office | 24 |
| of the State's
Attorney shall:
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| (1) provide notice a reasonable time in advance of the | 26 |
| following court
proceedings: preliminary hearing, any |
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| hearing the effect of which may be the
release of defendant | 2 |
| from custody, or to alter the conditions of bond and the
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| sentencing hearing. The crime victim shall also be notified | 4 |
| of the
cancellation of the court proceeding in sufficient | 5 |
| time, wherever possible, to
prevent an unnecessary | 6 |
| appearance in court;
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| (2) provide notice within a reasonable time after | 8 |
| receipt of notice from
the custodian, of the release of the | 9 |
| defendant on bail or personal recognizance
or the release | 10 |
| from detention of a minor who has been detained for a | 11 |
| violent
crime;
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| (3) explain in nontechnical language the details of any | 13 |
| plea or verdict of
a defendant, or any adjudication of a | 14 |
| juvenile as a delinquent for a violent
crime;
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| (4) where practical, consult with the crime victim | 16 |
| before the Office of
the State's Attorney makes an offer of | 17 |
| a plea bargain to the defendant or
enters into negotiations | 18 |
| with the defendant concerning a possible plea
agreement, | 19 |
| and shall consider the written victim impact statement, if | 20 |
| prepared
prior to entering into a plea agreement;
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| (5) provide notice of the ultimate disposition of the | 22 |
| cases arising from
an indictment or an information, or a | 23 |
| petition to have a juvenile adjudicated
as a delinquent for | 24 |
| a violent crime;
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| (6) provide notice of any appeal taken by the defendant | 26 |
| and information
on how to contact the appropriate agency |
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| handling the appeal;
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| (7) provide notice of any request for post-conviction | 3 |
| review filed by the
defendant under Article 122 of the Code | 4 |
| of Criminal Procedure of 1963, and of
the date, time and | 5 |
| place of any hearing concerning the petition. Whenever
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| possible, notice of the hearing shall be given in advance;
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| (8) forward a copy of any statement presented under | 8 |
| Section 6 to the
Prisoner Review Board to be considered by | 9 |
| the Board in making its determination
under subsection (b) | 10 |
| of Section 3-3-8 of the Unified Code of Corrections.
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| (d) (1) The Prisoner Review Board shall inform a victim or | 12 |
| any other
concerned citizen, upon written request, of the | 13 |
| prisoner's release on parole,
mandatory supervised release, | 14 |
| electronic detention, work release, international transfer or | 15 |
| exchange, or by the
custodian of the discharge of any | 16 |
| individual who was adjudicated a delinquent
for a violent crime | 17 |
| from State custody and by the sheriff of the appropriate
county | 18 |
| of any such person's final discharge from county custody.
The | 19 |
| Prisoner Review Board, upon written request, shall provide to a | 20 |
| victim or
any other concerned citizen a recent photograph of | 21 |
| any person convicted of a
felony, upon his or her release from | 22 |
| custody.
The Prisoner
Review Board, upon written request, shall | 23 |
| inform a victim or any other
concerned citizen when feasible at | 24 |
| least 7 days prior to the prisoner's release
on furlough of the | 25 |
| times and dates of such furlough. Upon written request by
the | 26 |
| victim or any other concerned citizen, the State's Attorney |
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| shall notify
the person once of the times and dates of release | 2 |
| of a prisoner sentenced to
periodic imprisonment. Notification | 3 |
| shall be based on the most recent
information as to victim's or | 4 |
| other concerned citizen's residence or other
location | 5 |
| available to the notifying authority.
For purposes of this | 6 |
| paragraph (1) of subsection (d), "concerned citizen"
includes | 7 |
| relatives of the victim, friends of the victim, witnesses to | 8 |
| the
crime, or any other person associated with the victim or | 9 |
| prisoner.
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| (2) When the defendant has been committed to the | 11 |
| Department of
Human Services pursuant to Section 5-2-4 or | 12 |
| any other
provision of the Unified Code of Corrections, the | 13 |
| victim may request to be
notified by the releasing | 14 |
| authority of the defendant's discharge from State
custody.
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| (3) In the event of an escape from State custody, the | 16 |
| Department of
Corrections or the Department of Juvenile | 17 |
| Justice immediately shall notify the Prisoner Review Board | 18 |
| of the escape
and the Prisoner Review Board shall notify | 19 |
| the victim. The notification shall
be based upon the most | 20 |
| recent information as to the victim's residence or other
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| location available to the Board. When no such information | 22 |
| is available, the
Board shall make all reasonable efforts | 23 |
| to obtain the information and make
the notification. When | 24 |
| the escapee is apprehended, the Department of
Corrections | 25 |
| or the Department of Juvenile Justice immediately shall | 26 |
| notify the Prisoner Review Board and the Board
shall notify |
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| the victim.
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| (4) The victim of the crime for which the prisoner has | 3 |
| been sentenced
shall receive reasonable written notice not | 4 |
| less than 30 15 days prior to the
parole hearing and may | 5 |
| submit, in writing, on film, videotape or other
electronic | 6 |
| means or in the form of a recording or in person at the | 7 |
| parole
hearing
or if a victim of a violent crime, by | 8 |
| calling the
toll-free number established in subsection (f) | 9 |
| of this Section, information
for
consideration by the | 10 |
| Prisoner Review Board. The
victim shall be notified within | 11 |
| 7 business days after the prisoner has been granted
parole | 12 |
| and shall be informed of the right to inspect the registry | 13 |
| of parole
decisions, established under subsection (g) of | 14 |
| Section 3-3-5 of the Unified
Code of Corrections. The | 15 |
| provisions of this paragraph (4) are subject to the
Open | 16 |
| Parole Hearings Act. When the victim has opposed parole for | 17 |
| an inmate sentenced before February 1, 1978, the additional | 18 |
| provisions in paragraphs (5.1) through (5.3) apply.
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| (5) If a statement is presented under Section 6, the | 20 |
| Prisoner Review Board
shall inform the victim of any order | 21 |
| of discharge entered by the Board pursuant
to Section 3-3-8 | 22 |
| of the Unified Code of Corrections.
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| (5.1) If a victim or concerned citizen has registered | 24 |
| an objection to parole of an inmate sentenced before | 25 |
| February 1, 1978, the victim or concerned citizen may | 26 |
| receive a copy of the most recent written submissions that |
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| the inmate filed in requesting parole. The Prisoner Review | 2 |
| Board may satisfy this requirement by tendering these | 3 |
| documents to the State's Attorney's Office when the State's | 4 |
| Attorney's Office has submitted objections with the victim | 5 |
| or a concerned citizen or by mailing the written | 6 |
| submissions to the victims or concerned citizens who have | 7 |
| registered. Reasonable opportunity must be given to the | 8 |
| victims, concerned citizens, and the State's Attorney to | 9 |
| submit a written statement noting any errors or material | 10 |
| omissions in the inmate's submission before the final vote | 11 |
| by the Board is conducted. | 12 |
| (5.2) If the Prisoner Review Board grants parole to an | 13 |
| inmate sentenced before February 1, 1978, the victims, | 14 |
| concerned citizens, and the State's Attorney's Office who | 15 |
| opposed parole must be notified and tendered a copy of the | 16 |
| parole decision as well as the Board member affidavits | 17 |
| attesting that they reviewed all submitted material before | 18 |
| rendering the decision. The actual release of the inmate | 19 |
| shall not take place until these documents, as well as the | 20 |
| notifications in paragraphs (5.3) and (5.4), are tendered | 21 |
| to the parties registered as opposing parole. | 22 |
| (5.3) Victims and concerned citizens shall further be | 23 |
| notified of their right to seek a rehearing by submitting a | 24 |
| written request through the State's Attorney's Office | 25 |
| listing reasons as to why the parole decision was | 26 |
| erroneous. Requests for a rehearing shall be filed by the |
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| 7th business day after the State's Attorney has received | 2 |
| the parole decision documents. | 3 |
| (5.4) Victims and concerned citizens shall further be | 4 |
| notified of their right to suggest and request that certain | 5 |
| conditions of parole be imposed by either submitting a | 6 |
| written request through the State's Attorney or submitting | 7 |
| the requests directly to the Prisoner Review Board within 7 | 8 |
| business days after receiving notification of the grant of | 9 |
| parole.
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| (6) At the written request of the victim of the crime | 11 |
| for which the
prisoner was sentenced, the Prisoner Review | 12 |
| Board shall notify the victim of
the death of the prisoner | 13 |
| if the prisoner died while on parole or mandatory
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| supervised release.
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| (7) When a defendant who has been committed to the | 16 |
| Department of
Corrections, the Department of Juvenile | 17 |
| Justice, or the Department of Human Services is released or | 18 |
| discharged and
subsequently committed to the Department of | 19 |
| Human Services as a sexually
violent person and the victim | 20 |
| had requested to be notified by the releasing
authority of | 21 |
| the defendant's discharge from State custody, the | 22 |
| releasing
authority shall provide to the Department of | 23 |
| Human Services such information
that would allow the | 24 |
| Department of Human Services to contact the victim.
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| (e) The officials named in this Section may satisfy some or | 26 |
| all of their
obligations to provide notices and other |
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| information through participation in a
statewide victim and | 2 |
| witness notification system established by the Attorney
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| General under Section 8.5 of this Act.
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| (f) To permit a victim of a violent crime to provide | 5 |
| information to the
Prisoner Review Board for consideration by | 6 |
| the
Board at a parole hearing of a person who committed the | 7 |
| crime against
the victim in accordance with clause (d)(4) of | 8 |
| this Section or at a proceeding
to determine the conditions of | 9 |
| mandatory supervised release of a person
sentenced to a | 10 |
| determinate sentence or at a hearing on revocation of mandatory
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| supervised release of a person sentenced to a determinate | 12 |
| sentence, the Board
shall establish a toll-free number that may | 13 |
| be accessed by the victim of
a violent crime to present that | 14 |
| information to the Board.
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| (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
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| Section 10. The Sexually Violent Persons Commitment Act is | 17 |
| amended by changing Section 5 as follows:
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| (725 ILCS 207/5)
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| Sec. 5. Definitions. As used in this Act, the term:
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| (a) "Department" means the Department of Human
Services.
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| (b) "Mental disorder" means a congenital or acquired
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| condition affecting the emotional or volitional capacity that
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| predisposes a person to engage in acts of sexual violence.
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| (c) "Secretary" means the Secretary of
Human Services.
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| (d) "Sexually motivated" means that one of the purposes for
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| an act is for the actor's sexual arousal or gratification.
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| (e) "Sexually violent offense" means any of the following:
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| (1) Any crime specified in Section 11-6, 12-13, 12-14, | 5 |
| 12-14.1,
or 12-16 of the Criminal Code of 1961; or
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| (1.5) Any former law of this State specified in Section | 7 |
| 11-1 (rape),
11-3 (deviate sexual assault), 11-4 (indecent | 8 |
| liberties with a child) or 11-4
(aggravated indecent | 9 |
| liberties with a child) of the Criminal Code of 1961; or
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| (2) First degree murder, if it is determined by the | 11 |
| agency
with jurisdiction to have been sexually motivated; | 12 |
| or
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| (2.5) First degree murder, if it is determined by the | 14 |
| agency with jurisdiction that a sexually violent offense | 15 |
| was committed during the same course of criminal conduct as | 16 |
| the first degree murder and that relevant and reliable | 17 |
| evidence shows that the sexually violent offense was | 18 |
| committed by the inmate or by a person for whom the inmate | 19 |
| was legally accountable if the inmate aided, encouraged, or | 20 |
| abetted the sexually violent offense for the inmate's own | 21 |
| personal sexual gratification; or
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| (3) Any solicitation, conspiracy or attempt to commit a
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| crime under paragraph (e)(1) or (e)(2) of this Section.
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| (f) "Sexually violent person" means a person who has been
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| convicted of a sexually violent offense, has been adjudicated
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| delinquent for a sexually violent offense, or has been found |
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| not
guilty of a sexually violent offense by
reason of insanity | 2 |
| and who is
dangerous because he or she suffers from a mental | 3 |
| disorder that
makes it substantially probable that the person | 4 |
| will engage in
acts of sexual violence.
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| (Source: P.A. 94-746, eff. 5-8-06.)
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| Section 15. The Unified Code of Corrections is amended by | 7 |
| changing Sections 3-3-2, 3-3-4, 3-3-5, and 3-3-8 as follows:
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| (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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| Sec. 3-3-2. Powers and Duties.
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| (a) The Parole and Pardon Board is abolished and the term | 11 |
| "Parole and
Pardon Board" as used in any law of Illinois, shall | 12 |
| read "Prisoner Review
Board." After the effective date of this | 13 |
| amendatory Act of 1977, the
Prisoner Review Board shall provide | 14 |
| by rule for the orderly transition of
all files, records, and | 15 |
| documents of the Parole and Pardon Board and for
such other | 16 |
| steps as may be necessary to effect an orderly transition and | 17 |
| shall:
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| (1) hear by at least 3 members one member and through a | 19 |
| panel of at least 7 3 members
decide, cases of prisoners
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| who were sentenced under the law in effect prior to the | 21 |
| effective
date of this amendatory Act of 1977, and who are | 22 |
| eligible for parole;
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| (2) hear by at least one member and through a panel of | 24 |
| at least 3 members decide, the conditions of
parole and the |
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| time of discharge from parole, impose sanctions for
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| violations of parole, and revoke
parole for those sentenced | 3 |
| under the law in effect prior to this amendatory
Act of | 4 |
| 1977; provided that the decision to parole and the | 5 |
| conditions of
parole for all prisoners who were sentenced | 6 |
| for first degree murder or who
received a minimum sentence | 7 |
| of 20 years or more under the law in effect
prior to | 8 |
| February 1, 1978 shall be determined by a majority vote of | 9 |
| the
Prisoner Review Board after a panel of at least 3 | 10 |
| members has heard presentations in support of and, if the | 11 |
| parole is opposed, in objection to the parole request ;
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| (3) hear by at least one member and through a panel of | 13 |
| at least 3 members decide, the conditions
of mandatory | 14 |
| supervised release and the time of discharge from mandatory
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| supervised release, impose sanctions for violations of | 16 |
| mandatory
supervised release, and revoke mandatory | 17 |
| supervised release for those
sentenced under the law in | 18 |
| effect after the effective date of this
amendatory Act of | 19 |
| 1977;
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| (3.5) hear by at least one member and through a panel | 21 |
| of at least 3 members decide, the conditions of mandatory | 22 |
| supervised release and the time of discharge from mandatory | 23 |
| supervised release, to impose sanctions for violations of | 24 |
| mandatory supervised release and revoke mandatory | 25 |
| supervised release for those serving extended supervised | 26 |
| release terms pursuant to paragraph (4) of subsection (d) |
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| of Section 5-8-1;
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| (4) hear by at least 1 member and through a panel of at | 3 |
| least 3
members,
decide cases brought by the Department of | 4 |
| Corrections against a prisoner in
the custody of the | 5 |
| Department for alleged violation of Department rules
with | 6 |
| respect to good conduct credits pursuant to Section 3-6-3 | 7 |
| of this Code
in which the Department seeks to revoke good | 8 |
| conduct credits, if the amount
of time at issue exceeds 30 | 9 |
| days or when, during any 12 month period, the
cumulative | 10 |
| amount of credit revoked exceeds 30 days except where the
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| infraction is committed or discovered within 60 days of | 12 |
| scheduled release.
In such cases, the Department of | 13 |
| Corrections may revoke up to 30 days of
good conduct | 14 |
| credit. The Board may subsequently approve the revocation | 15 |
| of
additional good conduct credit, if the Department seeks | 16 |
| to revoke good
conduct credit in excess of thirty days. | 17 |
| However, the Board shall not be
empowered to review the | 18 |
| Department's decision with respect to the loss of
30 days | 19 |
| of good conduct credit for any prisoner or to increase any | 20 |
| penalty
beyond the length requested by the Department;
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| (5) hear by at least one member and through a panel of | 22 |
| at least 3
members decide, the
release dates for certain | 23 |
| prisoners sentenced under the law in existence
prior to the | 24 |
| effective date of this amendatory Act of 1977, in
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| accordance with Section 3-3-2.1 of this Code;
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| (6) hear by at least one member and through a panel of |
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| at least 3 members
decide, all requests for pardon, | 2 |
| reprieve or commutation, and make confidential
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| recommendations to the Governor;
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| (7) comply with the requirements of the Open Parole | 5 |
| Hearings Act;
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| (8) hear by at least one member and, through a panel of | 7 |
| at least 3
members, decide cases brought by the Department | 8 |
| of Corrections against a
prisoner in the custody of the | 9 |
| Department for court dismissal of a frivolous
lawsuit | 10 |
| pursuant to Section 3-6-3(d) of this Code in which the | 11 |
| Department seeks
to revoke up to 180 days of good conduct | 12 |
| credit, and if the prisoner has not
accumulated 180 days of | 13 |
| good conduct credit at the time of the dismissal, then
all | 14 |
| good conduct credit accumulated by the prisoner shall be | 15 |
| revoked;
and
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| (9) hear by at least 3 members, and, through a panel of | 17 |
| at least 3
members, decide whether to grant certificates of | 18 |
| relief from
disabilities or certificates of good conduct as | 19 |
| provided in Article 5.5 of
Chapter V.
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| (a-5) The Prisoner Review Board, with the cooperation of | 21 |
| and in
coordination with the Department of Corrections and the | 22 |
| Department of Central
Management Services, shall implement a | 23 |
| pilot project in 3 correctional
institutions providing for the | 24 |
| conduct of hearings under paragraphs (1) and
(4)
of subsection | 25 |
| (a) of this Section through interactive video conferences.
The
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| project shall be implemented within 6 months after the |
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LRB095 15693 RLC 41700 b |
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| effective date of this
amendatory Act of 1996. Within 6 months | 2 |
| after the implementation of the pilot
project, the Prisoner | 3 |
| Review Board, with the cooperation of and in coordination
with | 4 |
| the Department of Corrections and the Department of Central | 5 |
| Management
Services, shall report to the Governor and the | 6 |
| General Assembly regarding the
use, costs, effectiveness, and | 7 |
| future viability of interactive video
conferences for Prisoner | 8 |
| Review Board hearings.
| 9 |
| (b) Upon recommendation of the Department the Board may | 10 |
| restore good
conduct credit previously revoked.
| 11 |
| (c) The Board shall cooperate with the Department in | 12 |
| promoting an
effective system of parole and mandatory | 13 |
| supervised release.
| 14 |
| (d) The Board shall promulgate rules for the conduct of its | 15 |
| work,
and the Chairman shall file a copy of such rules and any | 16 |
| amendments
thereto with the Director and with the Secretary of | 17 |
| State.
| 18 |
| (e) The Board shall keep records of all of its official | 19 |
| actions and
shall make them accessible in accordance with law | 20 |
| and the rules of the
Board.
| 21 |
| (f) The Board or one who has allegedly violated the | 22 |
| conditions of
his parole or mandatory supervised release may | 23 |
| require by subpoena the
attendance and testimony of witnesses | 24 |
| and the production of documentary
evidence relating to any | 25 |
| matter under investigation or hearing. The
Chairman of the | 26 |
| Board may sign subpoenas which shall be served by any
agent or |
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| public official authorized by the Chairman of the Board, or by
| 2 |
| any person lawfully authorized to serve a subpoena under the | 3 |
| laws of the
State of Illinois. The attendance of witnesses, and | 4 |
| the production of
documentary evidence, may be required from | 5 |
| any place in the State to a
hearing location in the State | 6 |
| before the Chairman of the Board or his
designated agent or | 7 |
| agents or any duly constituted Committee or
Subcommittee of the | 8 |
| Board. Witnesses so summoned shall be paid the same
fees and | 9 |
| mileage that are paid witnesses in the circuit courts of the
| 10 |
| State, and witnesses whose depositions are taken and the | 11 |
| persons taking
those depositions are each entitled to the same | 12 |
| fees as are paid for
like services in actions in the circuit | 13 |
| courts of the State. Fees and
mileage shall be vouchered for | 14 |
| payment when the witness is discharged
from further attendance.
| 15 |
| In case of disobedience to a subpoena, the Board may | 16 |
| petition any
circuit court of the State for an order requiring | 17 |
| the attendance and
testimony of witnesses or the production of | 18 |
| documentary evidence or
both. A copy of such petition shall be | 19 |
| served by personal service or by
registered or certified mail | 20 |
| upon the person who has failed to obey the
subpoena, and such | 21 |
| person shall be advised in writing that a hearing
upon the | 22 |
| petition will be requested in a court room to be designated in
| 23 |
| such notice before the judge hearing motions or extraordinary | 24 |
| remedies
at a specified time, on a specified date, not less | 25 |
| than 10 nor more than
15 days after the deposit of the copy of | 26 |
| the written notice and petition
in the U.S. mails addressed to |
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| the person at his last known address or
after the personal | 2 |
| service of the copy of the notice and petition upon
such | 3 |
| person. The court upon the filing of such a petition, may order | 4 |
| the
person refusing to obey the subpoena to appear at an | 5 |
| investigation or
hearing, or to there produce documentary | 6 |
| evidence, if so ordered, or to
give evidence relative to the | 7 |
| subject matter of that investigation or
hearing. Any failure to | 8 |
| obey such order of the circuit court may be
punished by that | 9 |
| court as a contempt of court.
| 10 |
| Each member of the Board and any hearing officer designated | 11 |
| by the
Board shall have the power to administer oaths and to | 12 |
| take the testimony
of persons under oath.
| 13 |
| (g) Except under subsection (a) of this Section, a majority | 14 |
| of the
members then appointed to the Prisoner Review Board | 15 |
| shall constitute a
quorum for the transaction of all business | 16 |
| of the Board.
| 17 |
| (h) The Prisoner Review Board shall annually transmit to | 18 |
| the
Director a detailed report of its work for the preceding | 19 |
| calendar year.
The annual report shall also be transmitted to | 20 |
| the Governor for
submission to the Legislature.
| 21 |
| (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
| 22 |
| (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 23 |
| Sec. 3-3-4. Preparation for Parole Hearing.
| 24 |
| (a) The Prisoner Review Board shall consider the parole
of | 25 |
| each eligible person committed to the Adult Division at
least |
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| 30 days prior to the date he shall first become
eligible for | 2 |
| parole, and shall consider the parole of each
person committed | 3 |
| to the Department of Juvenile Justice as a delinquent
at least | 4 |
| 30 days prior to the expiration of the first year
of | 5 |
| confinement.
| 6 |
| (b) A person eligible for parole shall, in advance of
his | 7 |
| parole hearing, prepare a parole plan in accordance
with the | 8 |
| rules of the Prisoner Review Board. The person
shall be | 9 |
| assisted in preparing his parole plan by personnel
of the | 10 |
| Department of Corrections, or the Department of Juvenile | 11 |
| Justice in the case of a person committed to that Department, | 12 |
| and may, for this purpose, be released
on furlough under | 13 |
| Article 11 or on authorized absence under
Section 3-9-4. The | 14 |
| appropriate Department shall also provide
assistance in | 15 |
| obtaining information and records helpful to
the individual for | 16 |
| his parole hearing.
| 17 |
| (c) The members of the Board shall have access at all
| 18 |
| reasonable times to any committed person and to his master
| 19 |
| record file within the Department, and the Department shall
| 20 |
| furnish such reports to the Board as the Board may require
| 21 |
| concerning the conduct and character of any such person.
| 22 |
| (d) In making its determination of parole, the Board
shall | 23 |
| consider:
| 24 |
| (1) material transmitted to the Department of Juvenile | 25 |
| Justice by the
clerk of the committing court under Section | 26 |
| 5-4-1 or Section
5-10 of the Juvenile Court Act or Section |
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| 5-750 of the Juvenile
Court Act of 1987;
| 2 |
| (2) the report under Section 3-8-2 or 3-10-2;
| 3 |
| (3) a report by the Department and any report by the
| 4 |
| chief administrative officer of the institution or | 5 |
| facility;
| 6 |
| (4) a parole progress report;
| 7 |
| (5) a medical and psychological report, if requested
by | 8 |
| the Board;
| 9 |
| (6) material in writing, or on film, video tape or | 10 |
| other electronic
means in the form of a recording submitted | 11 |
| by the person whose parole
is being considered; and
| 12 |
| (7) material in writing, or on film, video tape or | 13 |
| other electronic
means in the form of a recording or | 14 |
| testimony submitted by the State's
Attorney and the victim | 15 |
| or a concerned citizen pursuant to the Rights of Crime | 16 |
| Victims and Witnesses Act ; and .
| 17 |
| (8) the sentences that the inmate would be eligible for | 18 |
| under the current sentencing statutes. | 19 |
| (e) The prosecuting State's Attorney's office shall | 20 |
| receive reasonable
written notice not less than 30 15 days | 21 |
| prior to the parole hearing and may
submit relevant information | 22 |
| by oral argument or testimony of concerned citizens, or both, | 23 |
| in writing, or on film, video tape or other
electronic means or | 24 |
| in the form of a recording to the Board for its
consideration. | 25 |
| The State's Attorney may waive the written notice or request | 26 |
| reasonable time to procure additional information .
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| (f) The victim and any registered concerned citizens of the | 2 |
| violent crime for which the prisoner has been
sentenced shall | 3 |
| receive notice of a parole hearing as provided in paragraph
(4) | 4 |
| of subsection (d) of Section 4.5 of the Rights of Crime Victims | 5 |
| and Witnesses
Act.
| 6 |
| (g) Any recording considered under the provisions of | 7 |
| subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 8 |
| the form designated by the Board.
Such recording shall be both | 9 |
| visual and aural. Every voice on the
recording and person | 10 |
| present shall be identified and the recording shall
contain | 11 |
| either a visual or aural statement of the person submitting | 12 |
| such
recording, the date of the recording and the name of the | 13 |
| person whose
parole eligibility is being considered. Such | 14 |
| recordings shall be , if retained by
the Board and shall be | 15 |
| deemed to be submitted at any subsequent parole hearing
if the | 16 |
| victim or State's Attorney submits in writing a declaration | 17 |
| clearly
identifying such recording as representing the present | 18 |
| position of the
victim or State's Attorney regarding the issues | 19 |
| to be considered at the parole
hearing . Board members who | 20 |
| ultimately vote on the issue of parole shall sign an affidavit | 21 |
| attesting that they have personally reviewed the submissions of | 22 |
| the victim pursuant to the rights granted by the Illinois | 23 |
| Constitution and the Rights of Crime Victims and Witnesses Act .
| 24 |
| (h) When an inmate who was sentenced before February 1, | 25 |
| 1978 is seeking parole and has filed written submissions and | 26 |
| when the victims or the State's Attorney's Office, or both, is |
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| opposing parole, a copy of the inmate's written submissions | 2 |
| shall be made available to the opposition so as to grant an | 3 |
| opportunity to review and, if desired, respond to the inmate's | 4 |
| contentions. | 5 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 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 | 9 |
| requires to consider
the cases of persons eligible for parole. | 10 |
| Except as otherwise
provided in paragraph (2) of subsection (a) | 11 |
| of Section 3-3-2
of this Act, the Prisoner Review Board may | 12 |
| meet and
order its actions in panels of 3 or more members. The | 13 |
| action
of a majority of the panel shall be the action of the | 14 |
| Board.
In consideration of persons committed to the Department | 15 |
| of Juvenile Justice,
the panel shall have at least a majority | 16 |
| of members experienced
in juvenile matters.
| 17 |
| (b) If the person under consideration for parole is in the
| 18 |
| custody of the Department, at least 3 members one member of the | 19 |
| Board
shall interview him, and a report of that interview shall | 20 |
| be
available for the Board's consideration. However, in the
| 21 |
| discretion of the Board, the interview need not be conducted
if | 22 |
| a psychiatric examination determines that the person could
not | 23 |
| meaningfully contribute to the Board's consideration. The
| 24 |
| Board may in its discretion parole a person who is then outside
| 25 |
| the jurisdiction on his record without an interview. The Board
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| need not hold a hearing or interview a person who is paroled
| 2 |
| under paragraphs (d) or (e) of this Section or released on
| 3 |
| Mandatory release under Section 3-3-10.
| 4 |
| (b-1) When an inmate was sentenced before February 1, 1978, | 5 |
| 3 members shall listen to opposition presented by the victim or | 6 |
| the State's Attorney, or both, and a copy of the presentation | 7 |
| or a summary prepared by the 3 Board members shall be | 8 |
| distributed to all voting Board members. If the 3-member panel | 9 |
| creates a summary of the victim's or State's Attorney's | 10 |
| presentation, or both, a copy of that summary shall be part of | 11 |
| the public record and, if parole is granted, shall be tendered | 12 |
| to the opposing parties, along with the written decision and | 13 |
| member affidavits. Voting Board members shall submit | 14 |
| affidavits attesting to the fact that they considered the | 15 |
| submissions of the inmate, the State's Attorney, concerned | 16 |
| citizens, and the victims. These affidavits shall be attached | 17 |
| to the written copy of the Board's parole decision. | 18 |
| (c) The Board shall not parole a person eligible for
parole | 19 |
| if it determines that:
| 20 |
| (1) there is a substantial risk that he will not
| 21 |
| conform to reasonable conditions of parole; or
| 22 |
| (2) his release at that time would deprecate the
| 23 |
| seriousness of his offense or promote disrespect for the | 24 |
| law; or
| 25 |
| (3) his release would have a substantially adverse
| 26 |
| effect on institutional discipline.
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| (d) A person committed under the Juvenile Court Act
or the | 2 |
| Juvenile Court Act of 1987
who has not been sooner released | 3 |
| shall be paroled on or before
his 20th birthday to begin | 4 |
| serving a period of parole under
Section 3-3-8.
| 5 |
| (e) A person who has served the maximum term of
| 6 |
| imprisonment imposed at the time of sentencing less time
credit | 7 |
| for good behavior shall be released on parole to
serve a period | 8 |
| of parole under Section 5-8-1.
| 9 |
| (f) The Board shall render its decision within a
reasonable | 10 |
| time after hearing and shall state the basis
therefor both in | 11 |
| the records of the Board and in written
notice to the person on | 12 |
| whose application it has acted.
The Board shall also give | 13 |
| written notice to the parties opposing parole; that notice | 14 |
| shall include the written decision containing a factual summary | 15 |
| of the crime and reasons for granting parole, affidavits of | 16 |
| voting members attesting that they have reviewed submissions by | 17 |
| both sides, an explanation of the procedure to request a | 18 |
| rehearing, and an opportunity to request conditions of parole. | 19 |
| In its decision, the Board shall set the person's time
for | 20 |
| parole, allowing sufficient time for notice to the opposing | 21 |
| parties of not less than 15 days, or if it denies parole it | 22 |
| shall provide for
a rehearing not less frequently than once | 23 |
| every
year, except that the Board may,
after denying parole,
| 24 |
| schedule a rehearing no later than 3 years from the date of the | 25 |
| parole
denial, if the Board finds that it is not reasonable to | 26 |
| expect that parole
would be granted at a hearing prior to the |
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| scheduled rehearing date. If the
Board shall parole a person, | 2 |
| and, if he is not released within 90 days from
the effective | 3 |
| date of the order granting parole, the matter shall be
returned | 4 |
| to the Board for review.
| 5 |
| (g) The Board shall maintain a registry of decisions in | 6 |
| which parole
has been granted, which shall include the name and | 7 |
| case number of the
prisoner, the highest charge for which the | 8 |
| prisoner was sentenced, the
length of sentence imposed, the | 9 |
| date of the sentence, the date of the
parole, the affidavits of | 10 |
| voting Board members attesting that they reviewed submitted | 11 |
| materials, the written basis for the decision of the Board to | 12 |
| grant parole , including a summary of the facts of the crime and | 13 |
| factors considered, and the
vote of the Board on any such | 14 |
| decisions. Any parties who submitted materials in opposition to | 15 |
| parole shall be notified of the Board's decision and | 16 |
| immediately sent a copy of the written basis for the Board's | 17 |
| decision, as well as materials listed in subsection (f). If | 18 |
| parole is granted, victims, concerned citizens, and the State's | 19 |
| Attorney's Office shall be given the opportunity to suggest | 20 |
| conditions and the length of parole; these suggestions must be | 21 |
| submitted in writing within 7 business days after receipt of | 22 |
| the Board's decision. The registry shall be made available
for | 23 |
| public inspection and copying during business hours and shall | 24 |
| be a public
record pursuant to the provisions of the Freedom of | 25 |
| Information Act.
| 26 |
| (h) The Board shall promulgate rules regarding the exercise
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| of its discretion under this Section.
| 2 |
| (i) The Board shall provide a rehearing procedure for the | 3 |
| victims, concerned citizens, and the State's Attorney's | 4 |
| Office, pursuant to the Rights of Crime Victims and Witnesses | 5 |
| Act, in accordance with that provided for the inmate under the | 6 |
| Illinois Administrative Code. The victims, concerned citizens, | 7 |
| or the State's Attorney's Office shall have 7 business days | 8 |
| after receipt of notice of the grant of parole to file a | 9 |
| request for rehearing. If a victim, concerned citizen, or the | 10 |
| State's Attorney's Office files a request for rehearing within | 11 |
| 7 business days after receipt of notice of the grant of parole, | 12 |
| the order of release of the inmate shall be stayed pending the | 13 |
| outcome of the rehearing. | 14 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 15 |
| (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 16 |
| Sec. 3-3-8. Length of parole and mandatory supervised
| 17 |
| release; discharge.)
| 18 |
| (a) The length of parole
for a person sentenced under the | 19 |
| law in effect prior to
the effective date of this amendatory | 20 |
| Act of 1977 and the
length of mandatory supervised release for | 21 |
| those sentenced
under the law in effect on and after such | 22 |
| effective date
shall be as set out in Section 5-8-1 unless | 23 |
| sooner terminated
under paragraph (b) of this Section. The | 24 |
| parole period
of a juvenile committed to the Department under | 25 |
| the Juvenile
Court Act or the Juvenile Court Act of 1987 shall |
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HB5908 |
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LRB095 15693 RLC 41700 b |
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| extend until he is 21
years of age unless sooner terminated | 2 |
| under paragraph (b) of this Section.
| 3 |
| (b) The Prisoner Review Board may enter an order
releasing | 4 |
| and discharging one from parole or mandatory
supervised | 5 |
| release, and his commitment to the Department,
when it | 6 |
| determines that he is likely to remain at liberty
without | 7 |
| committing another offense , but only after giving notice to the | 8 |
| victim and the State's Attorney allowing a reasonable | 9 |
| opportunity to file objections to the proposed early release .
| 10 |
| (c) The order of discharge shall become effective upon | 11 |
| entry of the
order of the Board. The Board shall notify the | 12 |
| clerk of the committing
court of the order. Upon receipt of | 13 |
| such copy, the clerk shall make an
entry on the record judgment | 14 |
| that the sentence or commitment has been
satisfied pursuant to | 15 |
| the order.
| 16 |
| (d) Rights of the person discharged under this
Section | 17 |
| shall be restored under Section 5-5-5. This Section is subject | 18 |
| to
Section 5-750 of the Juvenile Court Act of 1987.
| 19 |
| (Source: P.A. 90-590, eff. 1-1-99.)
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law. |
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