Full Text of SB1725 96th General Assembly
SB1725 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1725
Introduced 2/19/2009, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-3-5 |
from Ch. 38, par. 1003-3-5 |
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Amends the Unified Code of Corrections. Provides that a person committed under the Juvenile Court Act of 1987 shall be released on parole to serve a period of no more than 6 months on parole. Provides that parole shall automatically terminate at the end of 6 months, if not terminated earlier, for all persons committed under the Juvenile Court Act of 1987. Provides that a person shall not be recommitted unless his or her parole is violated by a finding of guilt of a new offense under the Juvenile Court Act of 1987.
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A BILL FOR
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SB1725 |
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LRB096 07482 RLC 17575 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 Unified Code of Corrections is amended by | 5 |
| changing Section 3-3-5 as follows:
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| (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
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| Sec. 3-3-5. Hearing and Determination.
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| (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.
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| (b) If the person under consideration for parole is in the
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| custody of the Department, at least one member of the Board
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| shall interview him, and a report of that interview shall be
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| available for the Board's consideration. However, in the
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| 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
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SB1725 |
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LRB096 07482 RLC 17575 b |
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| Board may in its discretion parole a person who is then outside
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| the jurisdiction on his record without an interview. The Board
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| need not hold a hearing or interview a person who is paroled
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| under paragraphs (d) or (e) of this Section or released on
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| Mandatory release under Section 3-3-10.
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| (c) The Board shall not parole a person eligible for
parole | 7 |
| if it determines that:
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| (1) there is a substantial risk that he will not
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| conform to reasonable conditions of parole; or
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| (2) his release at that time would deprecate the
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| seriousness of his offense or promote disrespect for the | 12 |
| law; or
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| (3) his release would have a substantially adverse
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| effect on institutional discipline.
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| (d) A person committed under the Juvenile Court Act
or the | 16 |
| Juvenile Court Act of 1987
who has not been sooner released | 17 |
| shall be paroled on or before
his 20th birthday to begin | 18 |
| serving a period of parole under
Section 3-3-8. A person | 19 |
| committed under the Juvenile Court Act of 1987 shall be | 20 |
| released on parole to serve a period of no more than 6 months | 21 |
| on parole. Parole shall automatically terminate at the end of 6 | 22 |
| months, if not terminated earlier, for all persons committed | 23 |
| under the Juvenile Court Act of 1987. A person shall not be | 24 |
| recommitted unless his or her parole is violated by a finding | 25 |
| of guilt of a new offense under the Juvenile Court Act of 1987.
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| (e) A person who has served the maximum term of
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SB1725 |
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LRB096 07482 RLC 17575 b |
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| imprisonment imposed at the time of sentencing less time
credit | 2 |
| for good behavior shall be released on parole to
serve a period | 3 |
| of parole under Section 5-8-1.
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| (f) The Board shall render its decision within a
reasonable | 5 |
| time after hearing and shall state the basis
therefor both in | 6 |
| the records of the Board and in written
notice to the person on | 7 |
| whose application it has acted.
In its decision, the Board | 8 |
| shall set the person's time
for parole, or if it denies parole | 9 |
| it shall provide for
a rehearing not less frequently than once | 10 |
| every
year, except that the Board may,
after denying parole,
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| schedule a rehearing no later than 3 years from the date of the | 12 |
| parole
denial, if the Board finds that it is not reasonable to | 13 |
| expect that parole
would be granted at a hearing prior to the | 14 |
| scheduled rehearing date. If the
Board shall parole a person, | 15 |
| and, if he is not released within 90 days from
the effective | 16 |
| date of the order granting parole, the matter shall be
returned | 17 |
| to the Board for review.
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| (g) The Board shall maintain a registry of decisions in | 19 |
| which parole
has been granted, which shall include the name and | 20 |
| case number of the
prisoner, the highest charge for which the | 21 |
| prisoner was sentenced, the
length of sentence imposed, the | 22 |
| date of the sentence, the date of the
parole, the basis for the | 23 |
| decision of the Board to grant parole and the
vote of the Board | 24 |
| on any such decisions. The registry shall be made available
for | 25 |
| public inspection and copying during business hours and shall | 26 |
| be a public
record pursuant to the provisions of the Freedom of |
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SB1725 |
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LRB096 07482 RLC 17575 b |
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| Information Act.
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| (h) The Board shall promulgate rules regarding the exercise
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| of its discretion under this Section.
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| (Source: P.A. 94-696, eff. 6-1-06 .)
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