Full Text of HB3234 97th General Assembly
HB3234 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3234 Introduced 2/24/2011, by Rep. Edward J. Acevedo SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-3-4 | from Ch. 38, par. 1003-3-4 |
| Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person containing any information from the victim or from a person related to the victim by blood, adoption, or marriage who has written objections, testified at any hearing, or submitted audio or visual objections to the inmate's parole, unless provided with a waiver from that objecting party.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-3-4 as follows:
| 6 | | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 7 | | Sec. 3-3-4. Preparation for Parole Hearing.
| 8 | | (a) The Prisoner Review Board shall consider the parole
of | 9 | | each eligible person committed to the Adult Division at
least | 10 | | 30 days prior to the date he shall first become
eligible for | 11 | | parole, and shall consider the parole of each
person committed | 12 | | to the Department of Juvenile Justice as a delinquent
at least | 13 | | 30 days prior to the expiration of the first year
of | 14 | | confinement.
| 15 | | (b) A person eligible for parole shall, no less than 15 | 16 | | days in advance of
his parole interview, prepare a parole plan | 17 | | in accordance
with the rules of the Prisoner Review Board. The | 18 | | person
shall be assisted in preparing his parole plan by | 19 | | personnel
of the Department of Corrections, or the Department | 20 | | of Juvenile Justice in the case of a person committed to that | 21 | | Department, and may, for this purpose, be released
on furlough | 22 | | under Article 11 or on authorized absence under
Section 3-9-4. | 23 | | The appropriate Department shall also provide
assistance in |
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| 1 | | obtaining information and records helpful to
the individual for | 2 | | his parole hearing. If the person eligible for parole has a | 3 | | petition or any written submissions prepared on his or her | 4 | | behalf by an attorney or other representative, the attorney or | 5 | | representative for the person eligible for parole must serve by | 6 | | certified mail the State's Attorney of the county where he or | 7 | | she was prosecuted with the petition or any written submissions | 8 | | 15 days after his or her parole interview. The State's Attorney | 9 | | shall provide the attorney for the person eligible for parole | 10 | | with a copy of his or her letter in opposition to parole via | 11 | | certified mail within 5 business days of the en banc hearing.
| 12 | | (c) Any member of the Board shall have access at all
| 13 | | reasonable times to any committed person and to his master
| 14 | | record file within the Department, and the Department shall
| 15 | | furnish such a report to the Board
concerning the conduct and | 16 | | character of any such person prior to his or her parole | 17 | | interview.
| 18 | | (d) In making its determination of parole, the Board
shall | 19 | | consider:
| 20 | | (1) material transmitted to the Department of Juvenile | 21 | | Justice by the
clerk of the committing court under Section | 22 | | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | 23 | | 5-750 of the Juvenile
Court Act of 1987;
| 24 | | (2) the report under Section 3-8-2 or 3-10-2;
| 25 | | (3) a report by the Department and any report by the
| 26 | | chief administrative officer of the institution or |
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| 1 | | facility;
| 2 | | (4) a parole progress report;
| 3 | | (5) a medical and psychological report, if requested
by | 4 | | the Board;
| 5 | | (6) material in writing, or on film, video tape or | 6 | | other electronic
means in the form of a recording submitted | 7 | | by the person whose parole
is being considered; and
| 8 | | (7) material in writing, or on film, video tape or | 9 | | other electronic
means in the form of a recording or | 10 | | testimony submitted by the State's
Attorney and the victim | 11 | | or a concerned citizen pursuant to the Rights of Crime | 12 | | Victims and Witnesses Act.
| 13 | | (e) The prosecuting State's Attorney's office shall | 14 | | receive from the Board reasonable
written notice not less than | 15 | | 30 days prior to the parole interview and may
submit relevant | 16 | | information by oral argument or testimony of victims and | 17 | | concerned citizens, or both, in writing, or on film, video tape | 18 | | or other
electronic means or in the form of a recording to the | 19 | | Board for its
consideration. Upon written request of the | 20 | | State's Attorney's office, the Prisoner Review Board shall hear | 21 | | protests to parole, except in counties of 1,500,000 or more | 22 | | inhabitants where there shall be standing objections to all | 23 | | such petitions. If a State's Attorney who represents a county | 24 | | of less than 1,500,000 inhabitants requests a protest hearing, | 25 | | the inmate's counsel or other representative shall also receive | 26 | | notice of such request.
This hearing shall take place the month |
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| 1 | | following the inmate's parole interview. If the inmate's parole | 2 | | interview is rescheduled then the Prisoner Review Board shall | 3 | | promptly notify the State's Attorney of the new date. The | 4 | | person eligible for parole shall be heard at the next scheduled | 5 | | en banc hearing date. If the case is to be continued, the | 6 | | State's Attorney's office and the attorney or representative | 7 | | for the person eligible for parole will be notified of any | 8 | | continuance within 5 business days. The State's Attorney may | 9 | | waive the written notice.
| 10 | | (f) The victim of the violent crime for which the prisoner | 11 | | has been
sentenced shall receive notice of a parole hearing as | 12 | | provided in paragraph
(4) of subsection (d) of Section 4.5 of | 13 | | the Rights of Crime Victims and Witnesses
Act.
| 14 | | (g) Any recording considered under the provisions of | 15 | | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 16 | | the form designated by the Board.
Such recording shall be both | 17 | | visual and aural. Every voice on the
recording and person | 18 | | present shall be identified and the recording shall
contain | 19 | | either a visual or aural statement of the person submitting | 20 | | such
recording, the date of the recording and the name of the | 21 | | person whose
parole eligibility is being considered. Such | 22 | | recordings shall be retained by
the Board and shall be deemed | 23 | | to be submitted at any subsequent parole hearing
if the victim | 24 | | or State's Attorney submits in writing a declaration clearly
| 25 | | identifying such recording as representing the present | 26 | | position of the
victim or State's Attorney regarding the issues |
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| 1 | | to be considered at the parole
hearing.
| 2 | | (h) The Board shall not release any material to the inmate, | 3 | | the inmate's attorney, any third party, or any other person | 4 | | containing any information from the victim or from a person | 5 | | related to the victim by blood, adoption, or marriage who has | 6 | | written objections, testified at any hearing, or submitted | 7 | | audio or visual objections to the inmate's parole, unless | 8 | | provided with a waiver from that objecting party. | 9 | | (Source: P.A. 96-875, eff. 1-22-10.)
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