Illinois General Assembly - Full Text of Public Act 097-0522
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Public Act 097-0522




Public Act 097-0522
SB1470 EnrolledLRB097 07015 RLC 47108 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Unified Code of Corrections is amended by
changing Section 3-3-5 as follows:
    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
    Sec. 3-3-5. Hearing and Determination.
    (a) The Prisoner Review Board shall meet as often as need
requires to consider the cases of persons eligible for parole.
Except as otherwise provided in paragraph (2) of subsection (a)
of Section 3-3-2 of this Act, the Prisoner Review Board may
meet and order its actions in panels of 3 or more members. The
action of a majority of the panel shall be the action of the
Board. In consideration of persons committed to the Department
of Juvenile Justice, the panel shall have at least a majority
of members experienced in juvenile matters.
    (b) If the person under consideration for parole is in the
custody of the Department, at least one member of the Board
shall interview him, and a report of that interview shall be
available for the Board's consideration. However, in the
discretion of the Board, the interview need not be conducted if
a psychiatric examination determines that the person could not
meaningfully contribute to the Board's consideration. The
Board may in its discretion parole a person who is then outside
the jurisdiction on his record without an interview. The Board
need not hold a hearing or interview a person who is paroled
under paragraphs (d) or (e) of this Section or released on
Mandatory release under Section 3-3-10.
    (c) The Board shall not parole a person eligible for parole
if it determines that:
        (1) there is a substantial risk that he will not
    conform to reasonable conditions of parole; or
        (2) his release at that time would deprecate the
    seriousness of his offense or promote disrespect for the
    law; or
        (3) his release would have a substantially adverse
    effect on institutional discipline.
    (d) A person committed under the Juvenile Court Act or the
Juvenile Court Act of 1987 who has not been sooner released
shall be paroled on or before his 20th birthday to begin
serving a period of parole under Section 3-3-8.
    (e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time credit
for good behavior shall be released on parole to serve a period
of parole under Section 5-8-1.
    (f) The Board shall render its decision within a reasonable
time after hearing and shall state the basis therefor both in
the records of the Board and in written notice to the person on
whose application it has acted. In its decision, the Board
shall set the person's time for parole, or if it denies parole
it shall provide for a rehearing not less frequently than once
every year, except that the Board may, after denying parole,
schedule a rehearing no later than 5 3 years from the date of
the parole denial, if the Board finds that it is not reasonable
to expect that parole would be granted at a hearing prior to
the scheduled rehearing date. If the Board shall parole a
person, and, if he is not released within 90 days from the
effective date of the order granting parole, the matter shall
be returned to the Board for review.
    (g) The Board shall maintain a registry of decisions in
which parole has been granted, which shall include the name and
case number of the prisoner, the highest charge for which the
prisoner was sentenced, the length of sentence imposed, the
date of the sentence, the date of the parole, and the basis for
the decision of the Board to grant parole and the vote of the
Board on any such decisions. The registry shall be made
available for public inspection and copying during business
hours and shall be a public record pursuant to the provisions
of the Freedom of Information Act.
    (h) The Board shall promulgate rules regarding the exercise
of its discretion under this Section.
(Source: P.A. 96-875, eff. 1-22-10.)

Effective Date: 1/1/2012