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91_HB2878
LRB9107053RCks
1 AN ACT to amend the Unified Code of Corrections by
2 changing Section 3-3-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 changing Section 3-3-5 as follows:
7 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
8 Sec. 3-3-5. Hearing and Determination.
9 (a) The Prisoner Review Board shall meet as often as
10 need requires to consider the cases of persons eligible for
11 parole. Except as otherwise provided in paragraph (2) of
12 subsection (a) of Section 3-3-2 of this Act, the Prisoner
13 Review Board may meet and order its actions in panels of 3 or
14 more members. The action of a majority of the panel shall be
15 the action of the Board. In consideration of persons
16 committed to the Juvenile Division, the panel shall have at
17 least a majority of members experienced in juvenile matters.
18 (b) If the person under consideration for parole is in
19 the custody of the Department, at least one member of the
20 Board shall interview him, and a report of that interview
21 shall be available for the Board's consideration. However,
22 in the discretion of the Board, the interview need not be
23 conducted if a psychiatric examination determines that the
24 person could not meaningfully contribute to the Board's
25 consideration. The Board may in its discretion parole a
26 person who is then outside the jurisdiction on his record
27 without an interview. The Board need not hold a hearing or
28 interview a person who is paroled under paragraphs (d) or (e)
29 of this Section or released on Mandatory release under
30 Section 3-3-10.
31 (c) The Board shall not parole a person eligible for
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1 parole if it determines that:
2 (1) there is a substantial risk that he will not
3 conform to reasonable conditions of parole; or
4 (2) his release at that time would deprecate the
5 seriousness of his offense or promote disrespect for the
6 law; or
7 (3) his release would have a substantially adverse
8 effect on institutional discipline.
9 (d) A person committed under the Juvenile Court Act or
10 the Juvenile Court Act of 1987 who has not been sooner
11 released shall be paroled on or before his 20th birthday to
12 begin serving a period of parole under Section 3-3-8.
13 (e) A person who has served the maximum term of
14 imprisonment imposed at the time of sentencing less time
15 credit for good behavior shall be released on parole to serve
16 a period of parole under Section 5-8-1.
17 (f) The Board shall render its decision within a
18 reasonable time after hearing and shall state the basis
19 therefor both in the records of the Board and in written
20 notice to the person on whose application it has acted. In
21 its decision, the Board shall set the person's time for
22 parole, or if it denies parole it shall provide for a
23 rehearing not less frequently than once every year, except
24 that the Board may, after denying parole, schedule a
25 rehearing no later than 5 3 years from the date of the parole
26 denial, if the Board finds that it is not reasonable to
27 expect that parole would be granted at a hearing prior to the
28 scheduled rehearing date. If the Board shall parole a person,
29 and, if he is not released within 90 days from the effective
30 date of the order granting parole, the matter shall be
31 returned to the Board for review.
32 (g) The Board shall maintain a registry of decisions in
33 which parole has been granted, which shall include the name
34 and case number of the prisoner, the highest charge for which
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1 the prisoner was sentenced, the length of sentence imposed,
2 the date of the sentence, the date of the parole, the basis
3 for the decision of the Board to grant parole and the vote of
4 the Board on any such decisions. The registry shall be made
5 available for public inspection and copying during business
6 hours and shall be a public record pursuant to the provisions
7 of the Freedom of Information Act.
8 (h) The Board shall promulgate rules regarding the
9 exercise of its discretion under this Section.
10 (Source: P.A. 89-428, eff. 12-13-95; 89-689, eff. 12-31-96.)