Illinois General Assembly - Full Text of SB1896
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Full Text of SB1896  96th General Assembly

SB1896ham001 96TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 10/28/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1896

2     AMENDMENT NO. ______. Amend Senate Bill 1896 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Rights of Crime Victims and Witnesses Act
5 is amended by changing Sections 3 and 4.5 as follows:
 
6     (725 ILCS 120/3)  (from Ch. 38, par. 1403)
7     Sec. 3. The terms used in this Act, unless the context
8 clearly requires otherwise, shall have the following meanings:
9     (a) "Crime victim" and "victim" mean means (1) a person
10 physically injured in this State as a result of a violent crime
11 perpetrated or attempted against that person or (2) a person
12 who suffers injury to or loss of property as a result of a
13 violent crime perpetrated or attempted against that person or
14 (3) a single representative who may be the spouse, parent,
15 child or sibling of a person killed as a result of a violent
16 crime perpetrated against the person killed or the spouse,

 

 

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1 parent, child or sibling of any person granted rights under
2 this Act who is physically or mentally incapable of exercising
3 such rights, except where the spouse, parent, child or sibling
4 is also the defendant or prisoner or (4) any person against
5 whom a violent crime has been committed or (5) any person who
6 has suffered personal injury as a result of a violation of
7 Section 11-501 of the Illinois Vehicle Code, or of a similar
8 provision of a local ordinance, or of Section 9-3 of the
9 Criminal Code of 1961, as amended or (6) in proceedings under
10 the Juvenile Court Act of 1987, both parents, legal guardians,
11 foster parents, or a single adult representative of a minor or
12 disabled person who is a crime victim.
13     (b) "Witness" means any person who personally observed the
14 commission of a violent crime and who will testify on behalf of
15 the State of Illinois in the criminal prosecution of the
16 violent crime.
17     (c) "Violent Crime" means any felony in which force or
18 threat of force was used against the victim, or any offense
19 involving sexual exploitation, sexual conduct or sexual
20 penetration, or a violation of Section 11-20.1 or 11-20.3 of
21 the Criminal Code of 1961, domestic battery, violation of an
22 order of protection, stalking, or any misdemeanor which results
23 in death or great bodily harm to the victim or any violation of
24 Section 9-3 of the Criminal Code of 1961, or Section 11-501 of
25 the Illinois Vehicle Code, or a similar provision of a local
26 ordinance, if the violation resulted in personal injury or

 

 

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1 death, and includes any action committed by a juvenile that
2 would be a violent crime if committed by an adult. For the
3 purposes of this paragraph, "personal injury" shall include any
4 Type A injury as indicated on the traffic accident report
5 completed by a law enforcement officer that requires immediate
6 professional attention in either a doctor's office or medical
7 facility. A type A injury shall include severely bleeding
8 wounds, distorted extremities, and injuries that require the
9 injured party to be carried from the scene.
10     (d) "Sentencing Hearing" means any hearing where a sentence
11 is imposed by the court on a convicted defendant and includes
12 hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
13 and 5-7-7 of the Unified Code of Corrections except those cases
14 in which both parties have agreed to the imposition of a
15 specific sentence.
16     (e) "Court proceedings" includes the preliminary hearing,
17 any hearing the effect of which may be the release of the
18 defendant from custody or to alter the conditions of bond, the
19 trial, sentencing hearing, notice of appeal, any modification
20 of sentence, probation revocation hearings or parole hearings.
21     (f) "Concerned citizen" includes relatives of the victim,
22 friends of the victim, witnesses to the crime, or any other
23 person associated with the victim or prisoner.
24 (Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08;
25 96-292, eff. 1-1-10.)
 

 

 

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1     (725 ILCS 120/4.5)
2     Sec. 4.5. Procedures to implement the rights of crime
3 victims. To afford crime victims their rights, law enforcement,
4 prosecutors, judges and corrections will provide information,
5 as appropriate of the following procedures:
6     (a) At the request of the crime victim, law enforcement
7 authorities investigating the case shall provide notice of the
8 status of the investigation, except where the State's Attorney
9 determines that disclosure of such information would
10 unreasonably interfere with the investigation, until such time
11 as the alleged assailant is apprehended or the investigation is
12 closed.
13     (b) The office of the State's Attorney:
14         (1) shall provide notice of the filing of information,
15     the return of an indictment by which a prosecution for any
16     violent crime is commenced, or the filing of a petition to
17     adjudicate a minor as a delinquent for a violent crime;
18         (2) shall provide notice of the date, time, and place
19     of trial;
20         (3) or victim advocate personnel shall provide
21     information of social services and financial assistance
22     available for victims of crime, including information of
23     how to apply for these services and assistance;
24         (4) shall assist in having any stolen or other personal
25     property held by law enforcement authorities for
26     evidentiary or other purposes returned as expeditiously as

 

 

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1     possible, pursuant to the procedures set out in Section
2     115-9 of the Code of Criminal Procedure of 1963;
3         (5) or victim advocate personnel shall provide
4     appropriate employer intercession services to ensure that
5     employers of victims will cooperate with the criminal
6     justice system in order to minimize an employee's loss of
7     pay and other benefits resulting from court appearances;
8         (6) shall provide information whenever possible, of a
9     secure waiting area during court proceedings that does not
10     require victims to be in close proximity to defendant or
11     juveniles accused of a violent crime, and their families
12     and friends;
13         (7) shall provide notice to the crime victim of the
14     right to have a translator present at all court proceedings
15     and, in compliance with the federal Americans with
16     Disabilities Act of 1990, the right to communications
17     access through a sign language interpreter or by other
18     means;
19         (8) in the case of the death of a person, which death
20     occurred in the same transaction or occurrence in which
21     acts occurred for which a defendant is charged with an
22     offense, shall notify the spouse, parent, child or sibling
23     of the decedent of the date of the trial of the person or
24     persons allegedly responsible for the death;
25         (9) shall inform the victim of the right to have
26     present at all court proceedings, subject to the rules of

 

 

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1     evidence, an advocate or other support person of the
2     victim's choice, and the right to retain an attorney, at
3     the victim's own expense, who, upon written notice filed
4     with the clerk of the court and State's Attorney, is to
5     receive copies of all notices, motions and court orders
6     filed thereafter in the case, in the same manner as if the
7     victim were a named party in the case;
8         (10) at the sentencing hearing shall make a good faith
9     attempt to explain the minimum amount of time during which
10     the defendant may actually be physically imprisoned. The
11     Office of the State's Attorney shall further notify the
12     crime victim of the right to request from the Prisoner
13     Review Board information concerning the release of the
14     defendant under subparagraph (d)(1) of this Section;
15         (11) shall request restitution at sentencing and shall
16     consider restitution in any plea negotiation, as provided
17     by law; and
18         (12) shall, upon the court entering a verdict of not
19     guilty by reason of insanity, inform the victim of the
20     notification services available from the Department of
21     Human Services, including the statewide telephone number,
22     under subparagraph (d)(2) of this Section.
23     (c) At the written request of the crime victim, the office
24 of the State's Attorney shall:
25         (1) provide notice a reasonable time in advance of the
26     following court proceedings: preliminary hearing, any

 

 

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1     hearing the effect of which may be the release of defendant
2     from custody, or to alter the conditions of bond and the
3     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;
7         (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;
12         (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;
15         (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;
21         (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;
25         (6) provide notice of any appeal taken by the defendant
26     and information on how to contact the appropriate agency

 

 

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1     handling the appeal;
2         (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
6     possible, notice of the hearing shall be given in advance;
7         (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.
11     (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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1 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.
10         (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 furloughs, temporary release,
15     or final discharge from State custody. The Department of
16     Human Services shall establish and maintain a statewide
17     telephone number to be used by victims to make notification
18     requests under these provisions and shall publicize this
19     telephone number on its website and to the State's Attorney
20     of each county.
21         (3) In the event of an escape from State custody, the
22     Department of Corrections or the Department of Juvenile
23     Justice immediately shall notify the Prisoner Review Board
24     of the escape and the Prisoner Review Board shall notify
25     the victim. The notification shall be based upon the most
26     recent information as to the victim's residence or other

 

 

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1     location available to the Board. When no such information
2     is available, the Board shall make all reasonable efforts
3     to obtain the information and make the notification. When
4     the escapee is apprehended, the Department of Corrections
5     or the Department of Juvenile Justice immediately shall
6     notify the Prisoner Review Board and the Board shall notify
7     the victim.
8         (4) The victim of the crime for which the prisoner has
9     been sentenced shall receive reasonable written notice not
10     less than 30 15 days prior to the parole interview hearing
11     and may submit, in writing, on film, videotape or other
12     electronic means or in the form of a recording or in person
13     at the parole interview hearing or if a victim of a violent
14     crime, by calling the toll-free number established in
15     subsection (f) of this Section, information for
16     consideration by the Prisoner Review Board. The victim
17     shall be notified within 7 days after the prisoner has been
18     granted parole and shall be informed of the right to
19     inspect the registry of parole decisions, established
20     under subsection (g) of Section 3-3-5 of the Unified Code
21     of Corrections. The provisions of this paragraph (4) are
22     subject to the Open Parole Hearings Act.
23         (5) If a statement is presented under Section 6, the
24     Prisoner Review Board shall inform the victim of any order
25     of discharge entered by the Board pursuant to Section 3-3-8
26     of the Unified Code of Corrections.

 

 

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1         (6) At the written request of the victim of the crime
2     for which the prisoner was sentenced or the State's
3     Attorney of the county where the person seeking parole was
4     prosecuted, the Prisoner Review Board shall notify the
5     victim and the State's Attorney of the county where the
6     person seeking parole was prosecuted of the death of the
7     prisoner if the prisoner died while on parole or mandatory
8     supervised release.
9         (7) When a defendant who has been committed to the
10     Department of Corrections, the Department of Juvenile
11     Justice, or the Department of Human Services is released or
12     discharged and subsequently committed to the Department of
13     Human Services as a sexually violent person and the victim
14     had requested to be notified by the releasing authority of
15     the defendant's discharge from State custody, the
16     releasing authority shall provide to the Department of
17     Human Services such information that would allow the
18     Department of Human Services to contact the victim.
19         (8) When a defendant has been convicted of a sex
20     offense as defined in Section 2 of the Sex Offender
21     Registration Act and has been sentenced to the Department
22     of Corrections or the Department of Juvenile Justice, the
23     Prisoner Review Board shall notify the victim of the sex
24     offense of the prisoner's eligibility for release on
25     parole, mandatory supervised release, electronic
26     detention, work release, international transfer or

 

 

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1     exchange, or by the custodian of the discharge of any
2     individual who was adjudicated a delinquent for a sex
3     offense from State custody and by the sheriff of the
4     appropriate county of any such person's final discharge
5     from county custody. The notification shall be made to the
6     victim at least 30 days, whenever possible, before release
7     of the sex offender.
8     (e) The officials named in this Section may satisfy some or
9 all of their obligations to provide notices and other
10 information through participation in a statewide victim and
11 witness notification system established by the Attorney
12 General under Section 8.5 of this Act.
13     (f) To permit a victim of a violent crime to provide
14 information to the Prisoner Review Board for consideration by
15 the Board at a parole hearing of a person who committed the
16 crime against the victim in accordance with clause (d)(4) of
17 this Section or at a proceeding to determine the conditions of
18 mandatory supervised release of a person sentenced to a
19 determinate sentence or at a hearing on revocation of mandatory
20 supervised release of a person sentenced to a determinate
21 sentence, the Board shall establish a toll-free number that may
22 be accessed by the victim of a violent crime to present that
23 information to the Board.
24 (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09;
25 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff.
26 8-11-09.)
 

 

 

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1     Section 10. The Unified Code of Corrections is amended by
2 changing Sections 3-3-2, 3-3-4, and 3-3-5 as follows:
 
3     (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
4     Sec. 3-3-2. Powers and Duties.
5     (a) The Parole and Pardon Board is abolished and the term
6 "Parole and Pardon Board" as used in any law of Illinois, shall
7 read "Prisoner Review Board." After the effective date of this
8 amendatory Act of 1977, the Prisoner Review Board shall provide
9 by rule for the orderly transition of all files, records, and
10 documents of the Parole and Pardon Board and for such other
11 steps as may be necessary to effect an orderly transition and
12 shall:
13         (1) hear by at least one member and through a panel of
14     at least 3 members decide, cases of prisoners who were
15     sentenced under the law in effect prior to the effective
16     date of this amendatory Act of 1977, and who are eligible
17     for parole;
18         (2) hear by at least one member and through a panel of
19     at least 3 members decide, the conditions of parole and the
20     time of discharge from parole, impose sanctions for
21     violations of parole, and revoke parole for those sentenced
22     under the law in effect prior to this amendatory Act of
23     1977; provided that the decision to parole and the
24     conditions of parole for all prisoners who were sentenced

 

 

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1     for first degree murder or who received a minimum sentence
2     of 20 years or more under the law in effect prior to
3     February 1, 1978 shall be determined by a majority vote of
4     the Prisoner Review Board. One representative supporting
5     parole and one representative opposing parole will be
6     allowed to speak. Their comments shall be limited to making
7     corrections and filling in omissions to the Board's
8     presentation and discussion;
9         (3) hear by at least one member and through a panel of
10     at least 3 members decide, the conditions of mandatory
11     supervised release and the time of discharge from mandatory
12     supervised release, impose sanctions for violations of
13     mandatory supervised release, and revoke mandatory
14     supervised release for those sentenced under the law in
15     effect after the effective date of this amendatory Act of
16     1977;
17         (3.5) hear by at least one member and through a panel
18     of at least 3 members decide, the conditions of mandatory
19     supervised release and the time of discharge from mandatory
20     supervised release, to impose sanctions for violations of
21     mandatory supervised release and revoke mandatory
22     supervised release for those serving extended supervised
23     release terms pursuant to paragraph (4) of subsection (d)
24     of Section 5-8-1;
25         (4) hear by at least 1 member and through a panel of at
26     least 3 members, decide cases brought by the Department of

 

 

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1     Corrections against a prisoner in the custody of the
2     Department for alleged violation of Department rules with
3     respect to good conduct credits pursuant to Section 3-6-3
4     of this Code in which the Department seeks to revoke good
5     conduct credits, if the amount of time at issue exceeds 30
6     days or when, during any 12 month period, the cumulative
7     amount of credit revoked exceeds 30 days except where the
8     infraction is committed or discovered within 60 days of
9     scheduled release. In such cases, the Department of
10     Corrections may revoke up to 30 days of good conduct
11     credit. The Board may subsequently approve the revocation
12     of additional good conduct credit, if the Department seeks
13     to revoke good conduct credit in excess of thirty days.
14     However, the Board shall not be empowered to review the
15     Department's decision with respect to the loss of 30 days
16     of good conduct credit for any prisoner or to increase any
17     penalty beyond the length requested by the Department;
18         (5) hear by at least one member and through a panel of
19     at least 3 members decide, the release dates for certain
20     prisoners sentenced under the law in existence prior to the
21     effective date of this amendatory Act of 1977, in
22     accordance with Section 3-3-2.1 of this Code;
23         (6) hear by at least one member and through a panel of
24     at least 3 members decide, all requests for pardon,
25     reprieve or commutation, and make confidential
26     recommendations to the Governor;

 

 

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1         (7) comply with the requirements of the Open Parole
2     Hearings Act;
3         (8) hear by at least one member and, through a panel of
4     at least 3 members, decide cases brought by the Department
5     of Corrections against a prisoner in the custody of the
6     Department for court dismissal of a frivolous lawsuit
7     pursuant to Section 3-6-3(d) of this Code in which the
8     Department seeks to revoke up to 180 days of good conduct
9     credit, and if the prisoner has not accumulated 180 days of
10     good conduct credit at the time of the dismissal, then all
11     good conduct credit accumulated by the prisoner shall be
12     revoked; and
13         (9) hear by at least 3 members, and, through a panel of
14     at least 3 members, decide whether to grant certificates of
15     relief from disabilities or certificates of good conduct as
16     provided in Article 5.5 of Chapter V.
17     (a-5) The Prisoner Review Board, with the cooperation of
18 and in coordination with the Department of Corrections and the
19 Department of Central Management Services, shall implement a
20 pilot project in 3 correctional institutions providing for the
21 conduct of hearings under paragraphs (1) and (4) of subsection
22 (a) of this Section through interactive video conferences. The
23 project shall be implemented within 6 months after the
24 effective date of this amendatory Act of 1996. Within 6 months
25 after the implementation of the pilot project, the Prisoner
26 Review Board, with the cooperation of and in coordination with

 

 

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1 the Department of Corrections and the Department of Central
2 Management Services, shall report to the Governor and the
3 General Assembly regarding the use, costs, effectiveness, and
4 future viability of interactive video conferences for Prisoner
5 Review Board hearings.
6     (b) Upon recommendation of the Department the Board may
7 restore good conduct credit previously revoked.
8     (c) The Board shall cooperate with the Department in
9 promoting an effective system of parole and mandatory
10 supervised release.
11     (d) The Board shall promulgate rules for the conduct of its
12 work, and the Chairman shall file a copy of such rules and any
13 amendments thereto with the Director and with the Secretary of
14 State.
15     (e) The Board shall keep records of all of its official
16 actions and shall make them accessible in accordance with law
17 and the rules of the Board.
18     (f) The Board or one who has allegedly violated the
19 conditions of his parole or mandatory supervised release may
20 require by subpoena the attendance and testimony of witnesses
21 and the production of documentary evidence relating to any
22 matter under investigation or hearing. The Chairman of the
23 Board may sign subpoenas which shall be served by any agent or
24 public official authorized by the Chairman of the Board, or by
25 any person lawfully authorized to serve a subpoena under the
26 laws of the State of Illinois. The attendance of witnesses, and

 

 

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1 the production of documentary evidence, may be required from
2 any place in the State to a hearing location in the State
3 before the Chairman of the Board or his designated agent or
4 agents or any duly constituted Committee or Subcommittee of the
5 Board. Witnesses so summoned shall be paid the same fees and
6 mileage that are paid witnesses in the circuit courts of the
7 State, and witnesses whose depositions are taken and the
8 persons taking those depositions are each entitled to the same
9 fees as are paid for like services in actions in the circuit
10 courts of the State. Fees and mileage shall be vouchered for
11 payment when the witness is discharged from further attendance.
12     In case of disobedience to a subpoena, the Board may
13 petition any circuit court of the State for an order requiring
14 the attendance and testimony of witnesses or the production of
15 documentary evidence or both. A copy of such petition shall be
16 served by personal service or by registered or certified mail
17 upon the person who has failed to obey the subpoena, and such
18 person shall be advised in writing that a hearing upon the
19 petition will be requested in a court room to be designated in
20 such notice before the judge hearing motions or extraordinary
21 remedies at a specified time, on a specified date, not less
22 than 10 nor more than 15 days after the deposit of the copy of
23 the written notice and petition in the U.S. mails addressed to
24 the person at his last known address or after the personal
25 service of the copy of the notice and petition upon such
26 person. The court upon the filing of such a petition, may order

 

 

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1 the person refusing to obey the subpoena to appear at an
2 investigation or hearing, or to there produce documentary
3 evidence, if so ordered, or to give evidence relative to the
4 subject matter of that investigation or hearing. Any failure to
5 obey such order of the circuit court may be punished by that
6 court as a contempt of court.
7     Each member of the Board and any hearing officer designated
8 by the Board shall have the power to administer oaths and to
9 take the testimony of persons under oath.
10     (g) Except under subsection (a) of this Section, a majority
11 of the members then appointed to the Prisoner Review Board
12 shall constitute a quorum for the transaction of all business
13 of the Board.
14     (h) The Prisoner Review Board shall annually transmit to
15 the Director a detailed report of its work for the preceding
16 calendar year. The annual report shall also be transmitted to
17 the Governor for submission to the Legislature.
18 (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
 
19     (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)
20     Sec. 3-3-4. Preparation for Parole Hearing.
21     (a) The Prisoner Review Board shall consider the parole of
22 each eligible person committed to the Adult Division at least
23 30 days prior to the date he shall first become eligible for
24 parole, and shall consider the parole of each person committed
25 to the Department of Juvenile Justice as a delinquent at least

 

 

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1 30 days prior to the expiration of the first year of
2 confinement.
3     (b) A person eligible for parole shall, no less than 15
4 days in advance of his parole interview hearing, prepare a
5 parole plan in accordance with the rules of the Prisoner Review
6 Board. The person shall be assisted in preparing his parole
7 plan by personnel of the Department of Corrections, or the
8 Department of Juvenile Justice in the case of a person
9 committed to that Department, and may, for this purpose, be
10 released on furlough under Article 11 or on authorized absence
11 under Section 3-9-4. The appropriate Department shall also
12 provide assistance in obtaining information and records
13 helpful to the individual for his parole hearing. If the person
14 eligible for parole has a petition or any written submissions
15 prepared on his or her behalf by an attorney or other
16 representative, the attorney or representative for the person
17 eligible for parole must serve by certified mail the State's
18 Attorney of the county where he or she was prosecuted with the
19 petition or any written submissions 15 days after his or her
20 parole interview. The State's Attorney shall provide the
21 attorney for the person eligible for parole with a copy of his
22 or her letter in opposition to parole via certified mail within
23 5 business days of the en banc hearing.
24     (c) Any member The members of the Board shall have access
25 at all reasonable times to any committed person and to his
26 master record file within the Department, and the Department

 

 

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1 shall furnish such a report reports to the Board as the Board
2 may require concerning the conduct and character of any such
3 person prior to his or her parole interview.
4     (d) In making its determination of parole, the Board shall
5 consider:
6         (1) material transmitted to the Department of Juvenile
7     Justice by the clerk of the committing court under Section
8     5-4-1 or Section 5-10 of the Juvenile Court Act or Section
9     5-750 of the Juvenile Court Act of 1987;
10         (2) the report under Section 3-8-2 or 3-10-2;
11         (3) a report by the Department and any report by the
12     chief administrative officer of the institution or
13     facility;
14         (4) a parole progress report;
15         (5) a medical and psychological report, if requested by
16     the Board;
17         (6) material in writing, or on film, video tape or
18     other electronic means in the form of a recording submitted
19     by the person whose parole is being considered; and
20         (7) material in writing, or on film, video tape or
21     other electronic means in the form of a recording or
22     testimony submitted by the State's Attorney and the victim
23     or a concerned citizen pursuant to the Rights of Crime
24     Victims and Witnesses Act.
25     (e) The prosecuting State's Attorney's office shall
26 receive from the Board reasonable written notice not less than

 

 

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1 30 15 days prior to the parole interview hearing and may submit
2 relevant information by oral argument or testimony of victims
3 and concerned citizens, or both, in writing, or on film, video
4 tape or other electronic means or in the form of a recording to
5 the Board for its consideration. Upon written request of the
6 State's Attorney's office, the Prisoner Review Board shall hear
7 protests to parole, except in counties of 1,500,000 or more
8 inhabitants where there shall be standing objections to all
9 such petitions. If a State's Attorney who represents a county
10 of less than 1,500,000 inhabitants requests a protest hearing,
11 the inmate's counsel or other representative shall also receive
12 notice of such request. This hearing shall take place the month
13 following the inmate's parole interview. If the inmate's parole
14 interview is rescheduled then the Prisoner Review Board shall
15 promptly notify the State's Attorney of the new date. The
16 person eligible for parole shall be heard at the next scheduled
17 en banc hearing date. If the case is to be continued, the
18 State's Attorney's office and the attorney or representative
19 for the person eligible for parole will be notified of any
20 continuance within 5 business days. The State's Attorney may
21 waive the written notice.
22     (f) The victim of the violent crime for which the prisoner
23 has been sentenced shall receive notice of a parole hearing as
24 provided in paragraph (4) of subsection (d) of Section 4.5 of
25 the Rights of Crime Victims and Witnesses Act.
26     (g) Any recording considered under the provisions of

 

 

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1 subsection (d)(6), (d)(7) or (e) of this Section shall be in
2 the form designated by the Board. Such recording shall be both
3 visual and aural. Every voice on the recording and person
4 present shall be identified and the recording shall contain
5 either a visual or aural statement of the person submitting
6 such recording, the date of the recording and the name of the
7 person whose parole eligibility is being considered. Such
8 recordings shall be , if retained by the Board and shall be
9 deemed to be submitted at any subsequent parole hearing if the
10 victim or State's Attorney submits in writing a declaration
11 clearly identifying such recording as representing the present
12 position of the victim or State's Attorney regarding the issues
13 to be considered at the parole hearing.
14 (Source: P.A. 94-696, eff. 6-1-06.)
 
15     (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
16     Sec. 3-3-5. Hearing and Determination.
17     (a) The Prisoner Review Board shall meet as often as need
18 requires to consider the cases of persons eligible for parole.
19 Except as otherwise provided in paragraph (2) of subsection (a)
20 of Section 3-3-2 of this Act, the Prisoner Review Board may
21 meet and order its actions in panels of 3 or more members. The
22 action of a majority of the panel shall be the action of the
23 Board. In consideration of persons committed to the Department
24 of Juvenile Justice, the panel shall have at least a majority
25 of members experienced in juvenile matters.

 

 

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

 

 

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1 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.
4     (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,
11 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.
18     (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, and the basis for
23 the decision of the Board to grant parole and the vote of the
24 Board on any such decisions. The registry shall be made
25 available for public inspection and copying during business
26 hours and shall be a public record pursuant to the provisions

 

 

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1 of the Freedom of Information Act.
2     (h) The Board shall promulgate rules regarding the exercise
3 of its discretion under this Section.
4 (Source: P.A. 94-696, eff. 6-1-06.)
 
5     Section 95. No acceleration or delay. Where this Act makes
6 changes in a statute that is represented in this Act by text
7 that is not yet or no longer in effect (for example, a Section
8 represented by multiple versions), the use of that text does
9 not accelerate or delay the taking effect of (i) the changes
10 made by this Act or (ii) provisions derived from any other
11 Public Act.
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.".