Full Text of SB1896 96th General Assembly
SB1896eng 96TH GENERAL ASSEMBLY
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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 proceedings | 23 |
| and, in compliance with the federal Americans
with | 24 |
| Disabilities Act of 1990, the right to communications | 25 |
| access through a
sign language interpreter or by other | 26 |
| means;
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| (8) in the case of the death of a person, which death | 2 |
| occurred in the same
transaction or occurrence in which | 3 |
| acts occurred for which a defendant is
charged with an | 4 |
| offense, shall notify the spouse, parent, child or sibling | 5 |
| of
the decedent of the date of the trial of the person or | 6 |
| persons allegedly
responsible for the death;
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| (9) shall inform the victim of the right to have | 8 |
| present at all court
proceedings, subject to the rules of | 9 |
| evidence, an advocate or other support
person of the | 10 |
| victim's choice, and the right to retain an attorney, at | 11 |
| the
victim's own expense, who, upon written notice filed | 12 |
| with the clerk of the
court and State's Attorney, is to | 13 |
| receive copies of all notices, motions and
court orders | 14 |
| filed thereafter in the case, in the same manner as if the | 15 |
| victim
were a named party in the case;
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| (10) at the sentencing hearing shall make a good faith | 17 |
| attempt to explain
the minimum amount of time during which | 18 |
| the defendant may actually be
physically imprisoned. The | 19 |
| Office of the State's Attorney shall further notify
the | 20 |
| crime victim of the right to request from the Prisoner | 21 |
| Review Board
information concerning the release of the | 22 |
| defendant under subparagraph (d)(1)
of this Section;
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| (11) shall request restitution at sentencing and shall | 24 |
| consider
restitution in any plea negotiation, as provided | 25 |
| by law; and
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| (12) shall, upon the court entering a verdict of not |
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| guilty by reason of insanity, inform the victim of the | 2 |
| notification services available from the Department of | 3 |
| Human Services, including the statewide telephone number, | 4 |
| under subparagraph (d)(2) of this Section. | 5 |
| (c) At the written request of the crime victim, the office | 6 |
| of the State's
Attorney shall:
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| (1) provide notice a reasonable time in advance of the | 8 |
| following court
proceedings: preliminary hearing, any | 9 |
| hearing the effect of which may be the
release of defendant | 10 |
| from custody, or to alter the conditions of bond and the
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| sentencing hearing. The crime victim shall also be notified | 12 |
| of the
cancellation of the court proceeding in sufficient | 13 |
| time, wherever possible, to
prevent an unnecessary | 14 |
| appearance in court;
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| (2) provide notice within a reasonable time after | 16 |
| receipt of notice from
the custodian, of the release of the | 17 |
| defendant on bail or personal recognizance
or the release | 18 |
| from detention of a minor who has been detained for a | 19 |
| violent
crime;
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| (3) explain in nontechnical language the details of any | 21 |
| plea or verdict of
a defendant, or any adjudication of a | 22 |
| juvenile as a delinquent for a violent
crime;
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| (4) where practical, consult with the crime victim | 24 |
| before the Office of
the State's Attorney makes an offer of | 25 |
| a plea bargain to the defendant or
enters into negotiations | 26 |
| with the defendant concerning a possible plea
agreement, |
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| and shall consider the written victim impact statement, if | 2 |
| prepared
prior to entering into a plea agreement;
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| (5) provide notice of the ultimate disposition of the | 4 |
| cases arising from
an indictment or an information, or a | 5 |
| petition to have a juvenile adjudicated
as a delinquent for | 6 |
| a violent crime;
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| (6) provide notice of any appeal taken by the defendant | 8 |
| and information
on how to contact the appropriate agency | 9 |
| handling the appeal;
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| (7) provide notice of any request for post-conviction | 11 |
| review filed by the
defendant under Article 122 of the Code | 12 |
| of Criminal Procedure of 1963, and of
the date, time and | 13 |
| 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 | 16 |
| Section 6 to the
Prisoner Review Board to be considered by | 17 |
| the Board in making its determination
under subsection (b) | 18 |
| 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 | 20 |
| any other
concerned citizen, upon written request, of the | 21 |
| prisoner's release on parole,
mandatory supervised release, | 22 |
| electronic detention, work release, international transfer or | 23 |
| exchange, or by the
custodian of the discharge of any | 24 |
| individual who was adjudicated a delinquent
for a violent crime | 25 |
| from State custody and by the sheriff of the appropriate
county | 26 |
| of any such person's final discharge from county custody.
The |
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| Prisoner Review Board, upon written request, shall provide to a | 2 |
| victim or
any other concerned citizen a recent photograph of | 3 |
| any person convicted of a
felony, upon his or her release from | 4 |
| custody.
The Prisoner
Review Board, upon written request, shall | 5 |
| inform a victim or any other
concerned citizen when feasible at | 6 |
| least 7 days prior to the prisoner's release
on furlough of the | 7 |
| times and dates of such furlough. Upon written request by
the | 8 |
| victim or any other concerned citizen, the State's Attorney | 9 |
| shall notify
the person once of the times and dates of release | 10 |
| of a prisoner sentenced to
periodic imprisonment. Notification | 11 |
| shall be based on the most recent
information as to victim's or | 12 |
| other concerned citizen's residence or other
location | 13 |
| available to the notifying authority.
For purposes of this | 14 |
| paragraph (1) of subsection (d), "concerned citizen"
includes | 15 |
| relatives of the victim, friends of the victim, witnesses to | 16 |
| the
crime, or any other person associated with the victim or | 17 |
| prisoner.
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| (2) When the defendant has been committed to the | 19 |
| Department of
Human Services pursuant to Section 5-2-4 or | 20 |
| any other
provision of the Unified Code of Corrections, the | 21 |
| victim may request to be
notified by the releasing | 22 |
| authority of the defendant's furloughs, temporary release, | 23 |
| or final discharge from State
custody. The Department of | 24 |
| Human Services shall establish and maintain a statewide | 25 |
| telephone number to be used by victims to make notification | 26 |
| requests under these provisions , and shall publicize this |
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| telephone number on its website and to the State's Attorney | 2 |
| of each county.
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| (3) In the event of an escape from State custody, the | 4 |
| Department of
Corrections or the Department of Juvenile | 5 |
| Justice immediately shall notify the Prisoner Review Board | 6 |
| of the escape
and the Prisoner Review Board shall notify | 7 |
| the victim. The notification shall
be based upon the most | 8 |
| recent information as to the victim's residence or other
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| location available to the Board. When no such information | 10 |
| is available, the
Board shall make all reasonable efforts | 11 |
| to obtain the information and make
the notification. When | 12 |
| the escapee is apprehended, the Department of
Corrections | 13 |
| or the Department of Juvenile Justice immediately shall | 14 |
| notify the Prisoner Review Board and the Board
shall notify | 15 |
| the victim.
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| (4) The victim of the crime for which the prisoner has | 17 |
| been sentenced
shall receive reasonable written notice not | 18 |
| less than 30 15 days prior to the
parole hearing and may | 19 |
| submit, in writing, on film, videotape or other
electronic | 20 |
| means or in the form of a recording or in person at the | 21 |
| parole
hearing
or if a victim of a violent crime, by | 22 |
| calling the
toll-free number established in subsection (f) | 23 |
| of this Section, information
for
consideration by the | 24 |
| Prisoner Review Board. The
victim shall be notified within | 25 |
| 7 days after the prisoner has been granted
parole and shall | 26 |
| be informed of the right to inspect the registry of parole
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| decisions, established under subsection (g) of Section | 2 |
| 3-3-5 of the Unified
Code of Corrections. The provisions of | 3 |
| this paragraph (4) are subject to the
Open Parole Hearings | 4 |
| Act. When the victim, concerned citizens, or the State's | 5 |
| Attorney has opposed parole for an inmate sentenced before | 6 |
| February 1, 1978, the additional provisions in paragraphs | 7 |
| (5.1) through (5.4) apply.
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| (5) If a statement is presented under Section 6, the | 9 |
| Prisoner Review Board
shall inform the victim of any order | 10 |
| of discharge entered by the Board pursuant
to Section 3-3-8 | 11 |
| of the Unified Code of Corrections.
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| (5.1) If a victim or concerned citizen has registered | 13 |
| an objection to parole of an inmate sentenced before | 14 |
| February 1, 1978, the victim or concerned citizen may | 15 |
| receive a copy of the most recent written submissions that | 16 |
| the inmate filed in requesting parole. The Prisoner Review | 17 |
| Board may satisfy this requirement by tendering these | 18 |
| documents to the State's Attorney's Office when the State's | 19 |
| Attorney's Office has submitted objections with the victim | 20 |
| or a concerned citizen or by mailing the written | 21 |
| submissions to the victims or concerned citizens who have | 22 |
| registered. Reasonable opportunity must be given to the | 23 |
| victims, concerned citizens, and the State's Attorney to | 24 |
| submit a written statement noting any errors or material | 25 |
| omissions in the inmate's submission before the final vote | 26 |
| by the Board is conducted. |
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| (5.2) If the Prisoner Review Board makes a preliminary | 2 |
| determination that parole may be allowed to an inmate | 3 |
| sentenced before February 1, 1978, the victims, concerned | 4 |
| citizens, and the State's Attorney shall be notified and | 5 |
| advised within 3 days thereafter of their right to address | 6 |
| the full Prisoner Review Board with any opposition to | 7 |
| parole at a hearing which shall be held no sooner than 28 | 8 |
| days after the preliminary determination. The notice shall | 9 |
| include the date, time, and location of the hearing at | 10 |
| which they may voice their opposition to parole. These | 11 |
| objections to parole may be made in person, in writing, on | 12 |
| film, videotape, or other electronic means or in the form | 13 |
| of a recording. | 14 |
| (5.3) At this hearing, the victims, concerned | 15 |
| citizens, and the State's Attorney may also suggest and | 16 |
| request certain conditions of parole. A written request may | 17 |
| also be made through the State's Attorney's Office or | 18 |
| directly to the Prisoner Review Board. | 19 |
| (5.4) Subsequent to this hearing, if the Board grants | 20 |
| the inmate parole, all registered victims, concerned | 21 |
| citizens, and the State's Attorney shall be notified. The | 22 |
| actual release of the inmate shall not take place until | 23 |
| these notifications are made. A copy of the parole order | 24 |
| including all conditions and terms of parole shall be | 25 |
| served upon all victims, concerned citizens, and the | 26 |
| State's Attorney within 7 days of the Board's order |
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| granting the inmate parole.
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| (6) At the written request of the victim of the crime | 3 |
| for which the
prisoner was sentenced, the Prisoner Review | 4 |
| Board shall notify the victim of
the death of the prisoner | 5 |
| 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 | 8 |
| Department of
Corrections, the Department of Juvenile | 9 |
| Justice, or the Department of Human Services is released or | 10 |
| discharged and
subsequently committed to the Department of | 11 |
| Human Services as a sexually
violent person and the victim | 12 |
| had requested to be notified by the releasing
authority of | 13 |
| the defendant's discharge from State custody, the | 14 |
| releasing
authority shall provide to the Department of | 15 |
| Human Services such information
that would allow the | 16 |
| Department of Human Services to contact the victim.
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| (8) When a defendant has been convicted of a sex | 18 |
| offense as defined in Section 2 of the Sex Offender | 19 |
| Registration Act and has been sentenced to the Department | 20 |
| of Corrections or the Department of Juvenile Justice, the | 21 |
| Prisoner Review Board shall notify the victim of the sex | 22 |
| offense of the prisoner's eligibility for release on | 23 |
| parole,
mandatory supervised release, electronic | 24 |
| detention, work release, international transfer or | 25 |
| exchange, or by the
custodian of the discharge of any | 26 |
| individual who was adjudicated a delinquent
for a sex |
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| offense from State custody and by the sheriff of the | 2 |
| appropriate
county of any such person's final discharge | 3 |
| from county custody. The notification shall be made to the | 4 |
| victim at least 30 days, whenever possible, before release | 5 |
| of the sex offender. | 6 |
| (e) The officials named in this Section may satisfy some or | 7 |
| all of their
obligations to provide notices and other | 8 |
| information through participation in a
statewide victim and | 9 |
| 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 | 12 |
| information to the
Prisoner Review Board for consideration by | 13 |
| the
Board at a parole hearing of a person who committed the | 14 |
| crime against
the victim in accordance with clause (d)(4) of | 15 |
| this Section or at a proceeding
to determine the conditions of | 16 |
| mandatory supervised release of a person
sentenced to a | 17 |
| determinate sentence or at a hearing on revocation of mandatory
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| supervised release of a person sentenced to a determinate | 19 |
| sentence, the Board
shall establish a toll-free number that may | 20 |
| be accessed by the victim of
a violent crime to present that | 21 |
| information to the Board.
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| (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07; | 23 |
| 95-896, eff. 1-1-09; 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; | 24 |
| revised 9-25-08.)
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| Section 10. The Unified Code of Corrections is amended by |
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| 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 | 5 |
| "Parole and
Pardon Board" as used in any law of Illinois, shall | 6 |
| read "Prisoner Review
Board." After the effective date of this | 7 |
| amendatory Act of 1977, the
Prisoner Review Board shall provide | 8 |
| by rule for the orderly transition of
all files, records, and | 9 |
| documents of the Parole and Pardon Board and for
such other | 10 |
| steps as may be necessary to effect an orderly transition and | 11 |
| shall:
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| (1) hear by at least one member and through a panel of | 13 |
| at least 3 members
decide, cases of prisoners
who were | 14 |
| sentenced under the law in effect prior to the effective
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| date of this amendatory Act of 1977, and who are eligible | 16 |
| for parole;
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| (2) hear by at least one member and through a panel of | 18 |
| at least 3 members decide, the conditions of
parole and the | 19 |
| time of discharge from parole, impose sanctions for
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| violations of parole, and revoke
parole for those sentenced | 21 |
| under the law in effect prior to this amendatory
Act of | 22 |
| 1977; provided that the decision to parole and the | 23 |
| conditions of
parole for all prisoners who were sentenced | 24 |
| for first degree murder or who
received a minimum sentence | 25 |
| of 20 years or more under the law in effect
prior to |
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| February 1, 1978 shall be determined by a majority vote of | 2 |
| the
Prisoner Review Board after all members have heard | 3 |
| presentations in support of and, if the parole is opposed, | 4 |
| in objection to the parole request ;
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| (3) hear by at least one member and through a panel of | 6 |
| at least 3 members decide, the conditions
of mandatory | 7 |
| supervised release and the time of discharge from mandatory
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| supervised release, impose sanctions for violations of | 9 |
| mandatory
supervised release, and revoke mandatory | 10 |
| supervised release for those
sentenced under the law in | 11 |
| effect after the effective date of this
amendatory Act of | 12 |
| 1977;
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| (3.5) hear by at least one member and through a panel | 14 |
| of at least 3 members decide, the conditions of mandatory | 15 |
| supervised release and the time of discharge from mandatory | 16 |
| supervised release, to impose sanctions for violations of | 17 |
| mandatory supervised release and revoke mandatory | 18 |
| supervised release for those serving extended supervised | 19 |
| release terms pursuant to paragraph (4) of subsection (d) | 20 |
| of Section 5-8-1;
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| (4) hear by at least 1 member and through a panel of at | 22 |
| least 3
members,
decide cases brought by the Department of | 23 |
| Corrections against a prisoner in
the custody of the | 24 |
| Department for alleged violation of Department rules
with | 25 |
| respect to good conduct credits pursuant to Section 3-6-3 | 26 |
| of this Code
in which the Department seeks to revoke good |
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| conduct credits, if the amount
of time at issue exceeds 30 | 2 |
| days or when, during any 12 month period, the
cumulative | 3 |
| amount of credit revoked exceeds 30 days except where the
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| infraction is committed or discovered within 60 days of | 5 |
| scheduled release.
In such cases, the Department of | 6 |
| Corrections may revoke up to 30 days of
good conduct | 7 |
| credit. The Board may subsequently approve the revocation | 8 |
| of
additional good conduct credit, if the Department seeks | 9 |
| to revoke good
conduct credit in excess of thirty days. | 10 |
| However, the Board shall not be
empowered to review the | 11 |
| Department's decision with respect to the loss of
30 days | 12 |
| of good conduct credit for any prisoner or to increase any | 13 |
| penalty
beyond the length requested by the Department;
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| (5) hear by at least one member and through a panel of | 15 |
| at least 3
members decide, the
release dates for certain | 16 |
| prisoners sentenced under the law in existence
prior to the | 17 |
| effective date of this amendatory Act of 1977, in
| 18 |
| 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 | 20 |
| at least 3 members
decide, all requests for pardon, | 21 |
| reprieve or commutation, and make confidential
| 22 |
| recommendations to the Governor;
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| (7) comply with the requirements of the Open Parole | 24 |
| Hearings Act;
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| (8) hear by at least one member and, through a panel of | 26 |
| at least 3
members, decide cases brought by the Department |
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| of Corrections against a
prisoner in the custody of the | 2 |
| Department for court dismissal of a frivolous
lawsuit | 3 |
| pursuant to Section 3-6-3(d) of this Code in which the | 4 |
| Department seeks
to revoke up to 180 days of good conduct | 5 |
| credit, and if the prisoner has not
accumulated 180 days of | 6 |
| good conduct credit at the time of the dismissal, then
all | 7 |
| good conduct credit accumulated by the prisoner shall be | 8 |
| revoked;
and
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| (9) hear by at least 3 members, and, through a panel of | 10 |
| at least 3
members, decide whether to grant certificates of | 11 |
| relief from
disabilities or certificates of good conduct as | 12 |
| provided in Article 5.5 of
Chapter V.
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| (a-5) The Prisoner Review Board, with the cooperation of | 14 |
| and in
coordination with the Department of Corrections and the | 15 |
| Department of Central
Management Services, shall implement a | 16 |
| pilot project in 3 correctional
institutions providing for the | 17 |
| conduct of hearings under paragraphs (1) and
(4)
of subsection | 18 |
| (a) of this Section through interactive video conferences.
The
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| project shall be implemented within 6 months after the | 20 |
| effective date of this
amendatory Act of 1996. Within 6 months | 21 |
| after the implementation of the pilot
project, the Prisoner | 22 |
| Review Board, with the cooperation of and in coordination
with | 23 |
| the Department of Corrections and the Department of Central | 24 |
| Management
Services, shall report to the Governor and the | 25 |
| General Assembly regarding the
use, costs, effectiveness, and | 26 |
| future viability of interactive video
conferences for Prisoner |
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| Review Board hearings.
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| (b) Upon recommendation of the Department the Board may | 3 |
| restore good
conduct credit previously revoked.
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| (c) The Board shall cooperate with the Department in | 5 |
| promoting an
effective system of parole and mandatory | 6 |
| supervised release.
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| (d) The Board shall promulgate rules for the conduct of its | 8 |
| work,
and the Chairman shall file a copy of such rules and any | 9 |
| amendments
thereto with the Director and with the Secretary of | 10 |
| State.
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| (e) The Board shall keep records of all of its official | 12 |
| actions and
shall make them accessible in accordance with law | 13 |
| and the rules of the
Board.
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| (f) The Board or one who has allegedly violated the | 15 |
| conditions of
his parole or mandatory supervised release may | 16 |
| require by subpoena the
attendance and testimony of witnesses | 17 |
| and the production of documentary
evidence relating to any | 18 |
| matter under investigation or hearing. The
Chairman of the | 19 |
| Board may sign subpoenas which shall be served by any
agent or | 20 |
| public official authorized by the Chairman of the Board, or by
| 21 |
| any person lawfully authorized to serve a subpoena under the | 22 |
| laws of the
State of Illinois. The attendance of witnesses, and | 23 |
| the production of
documentary evidence, may be required from | 24 |
| any place in the State to a
hearing location in the State | 25 |
| before the Chairman of the Board or his
designated agent or | 26 |
| agents or any duly constituted Committee or
Subcommittee of the |
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| Board. Witnesses so summoned shall be paid the same
fees and | 2 |
| mileage that are paid witnesses in the circuit courts of the
| 3 |
| State, and witnesses whose depositions are taken and the | 4 |
| persons taking
those depositions are each entitled to the same | 5 |
| fees as are paid for
like services in actions in the circuit | 6 |
| courts of the State. Fees and
mileage shall be vouchered for | 7 |
| payment when the witness is discharged
from further attendance.
| 8 |
| In case of disobedience to a subpoena, the Board may | 9 |
| petition any
circuit court of the State for an order requiring | 10 |
| the attendance and
testimony of witnesses or the production of | 11 |
| documentary evidence or
both. A copy of such petition shall be | 12 |
| served by personal service or by
registered or certified mail | 13 |
| upon the person who has failed to obey the
subpoena, and such | 14 |
| person shall be advised in writing that a hearing
upon the | 15 |
| petition will be requested in a court room to be designated in
| 16 |
| such notice before the judge hearing motions or extraordinary | 17 |
| remedies
at a specified time, on a specified date, not less | 18 |
| than 10 nor more than
15 days after the deposit of the copy of | 19 |
| the written notice and petition
in the U.S. mails addressed to | 20 |
| the person at his last known address or
after the personal | 21 |
| service of the copy of the notice and petition upon
such | 22 |
| person. The court upon the filing of such a petition, may order | 23 |
| the
person refusing to obey the subpoena to appear at an | 24 |
| investigation or
hearing, or to there produce documentary | 25 |
| evidence, if so ordered, or to
give evidence relative to the | 26 |
| subject matter of that investigation or
hearing. Any failure to |
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| obey such order of the circuit court may be
punished by that | 2 |
| court as a contempt of court.
| 3 |
| Each member of the Board and any hearing officer designated | 4 |
| by the
Board shall have the power to administer oaths and to | 5 |
| take the testimony
of persons under oath.
| 6 |
| (g) Except under subsection (a) of this Section, a majority | 7 |
| of the
members then appointed to the Prisoner Review Board | 8 |
| shall constitute a
quorum for the transaction of all business | 9 |
| of the Board.
| 10 |
| (h) The Prisoner Review Board shall annually transmit to | 11 |
| the
Director a detailed report of its work for the preceding | 12 |
| calendar year.
The annual report shall also be transmitted to | 13 |
| the Governor for
submission to the Legislature.
| 14 |
| (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
| 15 |
| (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 16 |
| Sec. 3-3-4. Preparation for Parole Hearing.
| 17 |
| (a) The Prisoner Review Board shall consider the parole
of | 18 |
| each eligible person committed to the Adult Division at
least | 19 |
| 30 days prior to the date he shall first become
eligible for | 20 |
| parole, and shall consider the parole of each
person committed | 21 |
| to the Department of Juvenile Justice as a delinquent
at least | 22 |
| 30 days prior to the expiration of the first year
of | 23 |
| confinement.
| 24 |
| (b) A person eligible for parole shall, in advance of
his | 25 |
| parole hearing, prepare a parole plan in accordance
with the |
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| rules of the Prisoner Review Board. The person
shall be | 2 |
| assisted in preparing his parole plan by personnel
of the | 3 |
| Department of Corrections, or the Department of Juvenile | 4 |
| Justice in the case of a person committed to that Department, | 5 |
| and may, for this purpose, be released
on furlough under | 6 |
| Article 11 or on authorized absence under
Section 3-9-4. The | 7 |
| appropriate Department shall also provide
assistance in | 8 |
| obtaining information and records helpful to
the individual for | 9 |
| his parole hearing.
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| (c) The members of the Board shall have access at all
| 11 |
| reasonable times to any committed person and to his master
| 12 |
| record file within the Department, and the Department shall
| 13 |
| furnish such reports to the Board as the Board may require
| 14 |
| concerning the conduct and character of any such person.
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| (d) In making its determination of parole, the Board
shall | 16 |
| consider:
| 17 |
| (1) material transmitted to the Department of Juvenile | 18 |
| Justice by the
clerk of the committing court under Section | 19 |
| 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | 20 |
| 5-750 of the Juvenile
Court Act of 1987;
| 21 |
| (2) the report under Section 3-8-2 or 3-10-2;
| 22 |
| (3) a report by the Department and any report by the
| 23 |
| chief administrative officer of the institution or | 24 |
| facility;
| 25 |
| (4) a parole progress report;
| 26 |
| (5) a medical and psychological report, if requested
by |
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| the Board;
| 2 |
| (6) material in writing, or on film, video tape or | 3 |
| other electronic
means in the form of a recording submitted | 4 |
| by the person whose parole
is being considered; and
| 5 |
| (7) material in writing, or on film, video tape or | 6 |
| other electronic
means in the form of a recording or | 7 |
| testimony submitted by the State's
Attorney and the victim | 8 |
| or a concerned citizen pursuant to the Rights of Crime | 9 |
| Victims and Witnesses Act.
| 10 |
| (e) The prosecuting State's Attorney's office shall | 11 |
| receive reasonable
written notice not less than 60 15 days | 12 |
| prior to the parole hearing and may
submit relevant information | 13 |
| by oral argument or testimony of concerned citizens, or both, | 14 |
| in writing, or on film, video tape or other
electronic means or | 15 |
| in the form of a recording to the Board for its
consideration. | 16 |
| The State's Attorney may waive the written notice or request | 17 |
| reasonable time to procure additional information .
| 18 |
| (f) The victim and any registered concerned citizens of the | 19 |
| violent crime for which the prisoner has been
sentenced shall | 20 |
| receive notice of a parole hearing as provided in paragraph
(4) | 21 |
| of subsection (d) of Section 4.5 of the Rights of Crime Victims | 22 |
| and Witnesses
Act.
| 23 |
| (g) Any recording considered under the provisions of | 24 |
| subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 25 |
| the form designated by the Board.
Such recording shall be both | 26 |
| visual and aural. Every voice on the
recording and person |
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| present shall be identified and the recording shall
contain | 2 |
| either a visual or aural statement of the person submitting | 3 |
| such
recording, the date of the recording and the name of the | 4 |
| person whose
parole eligibility is being considered. Such | 5 |
| recordings shall be , if retained by
the Board and shall be | 6 |
| deemed to be submitted at any subsequent parole hearing
if the | 7 |
| victim or State's Attorney submits in writing a declaration | 8 |
| clearly
identifying such recording as representing the present | 9 |
| position of the
victim or State's Attorney regarding the issues | 10 |
| to be considered at the parole
hearing.
| 11 |
| (h) When an inmate who was sentenced before February 1, | 12 |
| 1978 is seeking parole and has filed written submissions and | 13 |
| when the victims or the State's Attorney's Office, or both, is | 14 |
| opposing parole, a copy of the inmate's written submissions | 15 |
| shall be made available to the opposition so as to grant an | 16 |
| opportunity to review and, if desired, respond to the inmate's | 17 |
| contentions. | 18 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 19 |
| (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 20 |
| Sec. 3-3-5. Hearing and Determination.
| 21 |
| (a) The Prisoner
Review Board shall meet as often as need | 22 |
| requires to consider
the cases of persons eligible for parole. | 23 |
| Except as otherwise
provided in paragraph (2) of subsection (a) | 24 |
| of Section 3-3-2
of this Act, the Prisoner Review Board may | 25 |
| meet and
order its actions in panels of 3 or more members. The |
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| action
of a majority of the panel shall be the action of the | 2 |
| Board.
In consideration of persons committed to the Department | 3 |
| of Juvenile Justice,
the panel shall have at least a majority | 4 |
| of members experienced
in juvenile matters.
| 5 |
| (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
| 7 |
| shall interview him, and a report of that interview shall be
| 8 |
| available for the Board's consideration. However, in the
| 9 |
| discretion of the Board, the interview need not be conducted
if | 10 |
| a psychiatric examination determines that the person could
not | 11 |
| meaningfully contribute to the Board's consideration. The
| 12 |
| Board may in its discretion parole a person who is then outside
| 13 |
| the jurisdiction on his record without an interview. The Board
| 14 |
| need not hold a hearing or interview a person who is paroled
| 15 |
| under paragraphs (d) or (e) of this Section or released on
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| Mandatory release under Section 3-3-10.
| 17 |
| (b-1) If the Prisoner Review Board makes a preliminary | 18 |
| determination that parole may be allowed to an inmate sentenced | 19 |
| before February 1, 1978, the full Prisoner Review Board shall | 20 |
| listen to opposition presented by the victims, concerned | 21 |
| citizens, or State's Attorney at a subsequent hearing. If the | 22 |
| inmate is granted parole, the victims, concerned citizens, and | 23 |
| the State's Attorney shall be notified. A copy of the parole | 24 |
| order including all conditions and terms of parole shall be | 25 |
| served upon all victims, concerned citizens and the State's | 26 |
| Attorney within 7 days of the Board's order granting the inmate |
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| parole. | 2 |
| (c) The Board shall not parole a person eligible for
parole | 3 |
| if it determines that:
| 4 |
| (1) there is a substantial risk that he will not
| 5 |
| conform to reasonable conditions of parole; or
| 6 |
| (2) his release at that time would deprecate the
| 7 |
| seriousness of his offense or promote disrespect for the | 8 |
| law; or
| 9 |
| (3) his release would have a substantially adverse
| 10 |
| effect on institutional discipline.
| 11 |
| (d) A person committed under the Juvenile Court Act
or the | 12 |
| Juvenile Court Act of 1987
who has not been sooner released | 13 |
| shall be paroled on or before
his 20th birthday to begin | 14 |
| serving a period of parole under
Section 3-3-8.
| 15 |
| (e) A person who has served the maximum term of
| 16 |
| imprisonment imposed at the time of sentencing less time
credit | 17 |
| for good behavior shall be released on parole to
serve a period | 18 |
| of parole under Section 5-8-1.
| 19 |
| (f) The Board shall render its decision within a
reasonable | 20 |
| time after hearing and shall state the basis
therefor both in | 21 |
| the records of the Board and in written
notice to the person on | 22 |
| whose application it has acted.
The Prisoner Review Board shall | 23 |
| also give written notice of its decision to the parties | 24 |
| opposing parole including a copy of the parole order and | 25 |
| conditions of parole. In its decision, the Board shall set the | 26 |
| person's time
for parole, allowing sufficient time for notice |
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| to the opposing parties of not less than 15 days, or if it | 2 |
| denies parole it shall provide for
a rehearing not less | 3 |
| frequently than once every
year, except that the Board may,
| 4 |
| after denying parole,
schedule a rehearing no later than 5 3 | 5 |
| years from the date of the parole
denial, if the Board finds | 6 |
| that it is not reasonable to expect that parole
would be | 7 |
| granted at a hearing prior to the scheduled rehearing date. If | 8 |
| the
Board shall parole a person, and, if he is not released | 9 |
| within 90 days from
the effective date of the order granting | 10 |
| parole, the matter shall be
returned to the Board for review.
| 11 |
| (g) The Board shall maintain a registry of decisions in | 12 |
| which parole
has been granted, which shall include the name and | 13 |
| case number of the
prisoner, the highest charge for which the | 14 |
| prisoner was sentenced, the
length of sentence imposed, the | 15 |
| date of the sentence, the date of the
parole, and the basis for | 16 |
| the decision of the Board to grant parole and the
vote of the | 17 |
| Board on any such decisions. The registry shall be made | 18 |
| available
for public inspection and copying during business | 19 |
| hours and shall be a public
record pursuant to the provisions | 20 |
| of the Freedom of Information Act.
| 21 |
| (h) The Board shall promulgate rules regarding the exercise
| 22 |
| of its discretion under this Section.
| 23 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 24 |
| (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 25 |
| Sec. 3-3-8. Length of parole and mandatory supervised
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| release; discharge.)
| 2 |
| (a) The length of parole
for a person sentenced under the | 3 |
| law in effect prior to
the effective date of this amendatory | 4 |
| Act of 1977 and the
length of mandatory supervised release for | 5 |
| those sentenced
under the law in effect on and after such | 6 |
| effective date
shall be as set out in Section 5-8-1 unless | 7 |
| sooner terminated
under paragraph (b) of this Section. The | 8 |
| parole period
of a juvenile committed to the Department under | 9 |
| the Juvenile
Court Act or the Juvenile Court Act of 1987 shall | 10 |
| extend until he is 21
years of age unless sooner terminated | 11 |
| under paragraph (b) of this Section.
| 12 |
| (b) The Prisoner Review Board may enter an order
releasing | 13 |
| and discharging one from parole or mandatory
supervised | 14 |
| release, and his commitment to the Department,
when it | 15 |
| determines that he is likely to remain at liberty
without | 16 |
| committing another offense , but only after giving notice to the | 17 |
| victim and the State's Attorney allowing a reasonable | 18 |
| opportunity to file objections to the proposed early release .
| 19 |
| (c) The order of discharge shall become effective upon | 20 |
| entry of the
order of the Board. The Board shall notify the | 21 |
| clerk of the committing
court of the order. Upon receipt of | 22 |
| such copy, the clerk shall make an
entry on the record judgment | 23 |
| that the sentence or commitment has been
satisfied pursuant to | 24 |
| the order.
| 25 |
| (d) Rights of the person discharged under this
Section | 26 |
| shall be restored under Section 5-5-5. This Section is subject |
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| to
Section 5-750 of the Juvenile Court Act of 1987.
| 2 |
| (Source: P.A. 90-590, eff. 1-1-99.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law. |
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