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Judiciary II - Criminal Law Committee
Filed: 10/28/2009
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| AMENDMENT TO SENATE BILL 1896
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| AMENDMENT NO. ______. Amend Senate Bill 1896 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Rights of Crime Victims and Witnesses Act |
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| is amended by changing Sections 3 and 4.5 as follows:
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| (725 ILCS 120/3) (from Ch. 38, par. 1403)
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| Sec. 3. The terms used in this Act, unless the context |
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| clearly
requires otherwise, shall have the following meanings:
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| (a) "Crime victim" and "victim" mean means (1) a person |
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| physically injured in this State as a
result of a violent crime |
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| perpetrated or attempted against that person or (2) a
person |
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| who suffers injury to or loss of property as a result of a |
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| violent crime
perpetrated or attempted against that person or |
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| (3) a single
representative who
may be the spouse, parent, |
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| child or sibling of a person killed as a result of a
violent |
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| crime perpetrated against the person killed or the spouse, |
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| parent,
child or sibling of any person granted rights under |
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| this Act who is physically
or mentally incapable of exercising |
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| such rights, except where the spouse,
parent, child or sibling |
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| is also the defendant or prisoner or (4) any person
against |
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| whom a violent crime has been committed or (5) any person
who |
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| has suffered personal injury as a result of a violation of |
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| Section 11-501
of the Illinois Vehicle Code, or of a similar |
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| provision of a local ordinance,
or of Section 9-3 of the |
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| Criminal Code of 1961, as amended or (6) in proceedings under |
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| the Juvenile Court Act of 1987, both parents, legal guardians, |
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| foster parents, or a single adult representative of a minor or |
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| disabled person who is a crime victim.
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| (b) "Witness" means any person who personally observed the |
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| commission of
a violent crime and who will testify on behalf of |
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| the State of Illinois in
the criminal prosecution of the |
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| violent crime.
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| (c) "Violent Crime" means any felony in which force or |
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| threat of force was
used against the victim, or any offense |
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| involving sexual exploitation, sexual
conduct or sexual |
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| penetration, or a violation of Section 11-20.1 or 11-20.3 of |
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| the Criminal Code of 1961, domestic battery, violation of an |
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| order of
protection, stalking, or any misdemeanor which results |
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| in death or great bodily
harm to the victim or any violation of |
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| Section 9-3 of the Criminal Code of
1961, or Section 11-501 of |
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| the Illinois Vehicle
Code, or a similar provision of a local |
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| ordinance, if the violation resulted
in personal injury or |
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| death, and includes any action committed by a juvenile
that |
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| would be a violent crime if committed by an adult. For the |
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| purposes of
this paragraph, "personal injury" shall include any |
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| Type A injury as indicated
on the traffic accident report |
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| completed by a law enforcement officer that
requires immediate |
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| professional attention in either a doctor's office or
medical |
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| facility. A type A injury shall include severely bleeding |
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| wounds,
distorted extremities, and injuries that require the |
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| injured party to be
carried from the scene.
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| (d) "Sentencing Hearing" means any hearing where a sentence |
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| is imposed
by the court on a convicted defendant and includes |
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| hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 |
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| and 5-7-7 of the Unified Code of
Corrections except those cases |
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| in which both parties have agreed to the
imposition of a |
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| specific sentence.
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| (e) "Court proceedings" includes the preliminary hearing, |
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| any hearing the
effect of which may be the release of the |
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| defendant from custody or to alter
the conditions of bond, the |
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| trial, sentencing hearing, notice of appeal, any
modification |
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| of sentence, probation revocation hearings or parole hearings.
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| (f) "Concerned citizen"
includes relatives of the victim, |
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| friends of the victim, witnesses to the
crime, or any other |
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| person associated with the victim or prisoner. |
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| (Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08; |
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| 96-292, eff. 1-1-10.)
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| (725 ILCS 120/4.5)
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| Sec. 4.5. Procedures to implement the rights of crime |
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| victims. To afford
crime victims their rights, law enforcement, |
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| prosecutors, judges and
corrections will provide information, |
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| as appropriate of the following
procedures:
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| (a) At the request of the crime victim, law enforcement |
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| authorities
investigating the case shall provide notice of the |
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| status of the investigation,
except where the State's Attorney |
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| determines that disclosure of such
information would |
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| unreasonably interfere with the investigation, until such
time |
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| as the alleged assailant is apprehended or the investigation is |
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| 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, |
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| the return of an
indictment by which a prosecution for any |
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| violent crime is commenced, or the
filing of a petition to |
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| 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 |
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| information of social
services and financial assistance |
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| available for victims of crime, including
information of |
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| how to apply for these services and assistance;
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| (4) shall assist in having any stolen or other personal |
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| property held by
law enforcement authorities for |
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| evidentiary or other purposes returned as
expeditiously as |
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| possible, pursuant to the procedures set out in Section |
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| 115-9
of the Code of Criminal Procedure of 1963;
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| (5) or victim advocate personnel shall provide |
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| appropriate employer
intercession services to ensure that |
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| employers of victims will cooperate with
the criminal |
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| justice system in order to minimize an employee's loss of |
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| pay and
other benefits resulting from court appearances;
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| (6) shall provide information whenever possible, of a |
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| secure waiting
area during court proceedings that does not |
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| require victims to be in close
proximity to defendant or |
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| juveniles accused of a violent crime, and their
families |
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| and friends;
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| (7) shall provide notice to the crime victim of the |
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| right to have a
translator present at all court proceedings |
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| and, in compliance with the federal Americans
with |
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| Disabilities Act of 1990, the right to communications |
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| access through a
sign language interpreter or by other |
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| means;
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| (8) in the case of the death of a person, which death |
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| occurred in the same
transaction or occurrence in which |
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| acts occurred for which a defendant is
charged with an |
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| offense, shall notify the spouse, parent, child or sibling |
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| of
the decedent of the date of the trial of the person or |
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| persons allegedly
responsible for the death;
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| (9) shall inform the victim of the right to have |
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| present at all court
proceedings, subject to the rules of |
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| evidence, an advocate or other support
person of the |
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| victim's choice, and the right to retain an attorney, at |
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| the
victim's own expense, who, upon written notice filed |
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| with the clerk of the
court and State's Attorney, is to |
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| receive copies of all notices, motions and
court orders |
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| filed thereafter in the case, in the same manner as if the |
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| victim
were a named party in the case;
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| (10) at the sentencing hearing shall make a good faith |
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| attempt to explain
the minimum amount of time during which |
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| the defendant may actually be
physically imprisoned. The |
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| Office of the State's Attorney shall further notify
the |
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| crime victim of the right to request from the Prisoner |
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| Review Board
information concerning the release of the |
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| defendant under subparagraph (d)(1)
of this Section;
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| (11) shall request restitution at sentencing and shall |
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| consider
restitution in any plea negotiation, as provided |
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| 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 |
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| notification services available from the Department of |
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| Human Services, including the statewide telephone number, |
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| under subparagraph (d)(2) of this Section. |
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| (c) At the written request of the crime victim, the office |
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| of the State's
Attorney shall:
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| (1) provide notice a reasonable time in advance of the |
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| following court
proceedings: preliminary hearing, any |
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| hearing the effect of which may be the
release of defendant |
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| from custody, or to alter the conditions of bond and the
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| sentencing hearing. The crime victim shall also be notified |
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| of the
cancellation of the court proceeding in sufficient |
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| time, wherever possible, to
prevent an unnecessary |
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| appearance in court;
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| (2) provide notice within a reasonable time after |
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| receipt of notice from
the custodian, of the release of the |
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| defendant on bail or personal recognizance
or the release |
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| from detention of a minor who has been detained for a |
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| violent
crime;
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| (3) explain in nontechnical language the details of any |
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| plea or verdict of
a defendant, or any adjudication of a |
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| juvenile as a delinquent for a violent
crime;
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| (4) where practical, consult with the crime victim |
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| before the Office of
the State's Attorney makes an offer of |
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| a plea bargain to the defendant or
enters into negotiations |
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| with the defendant concerning a possible plea
agreement, |
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| and shall consider the written victim impact statement, if |
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| prepared
prior to entering into a plea agreement;
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| (5) provide notice of the ultimate disposition of the |
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| cases arising from
an indictment or an information, or a |
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| petition to have a juvenile adjudicated
as a delinquent for |
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| a violent crime;
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| (6) provide notice of any appeal taken by the defendant |
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| and information
on how to contact the appropriate agency |
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| handling the appeal;
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| (7) provide notice of any request for post-conviction |
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| review filed by the
defendant under Article 122 of the Code |
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| of Criminal Procedure of 1963, and of
the date, time and |
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| 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 |
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| Section 6 to the
Prisoner Review Board to be considered by |
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| the Board in making its determination
under subsection (b) |
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| 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 |
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| any other
concerned citizen, upon written request, of the |
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| prisoner's release on parole,
mandatory supervised release, |
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| electronic detention, work release, international transfer or |
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| exchange, or by the
custodian of the discharge of any |
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| individual who was adjudicated a delinquent
for a violent crime |
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| from State custody and by the sheriff of the appropriate
county |
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| 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 |
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| victim or
any other concerned citizen a recent photograph of |
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| any person convicted of a
felony, upon his or her release from |
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| custody.
The Prisoner
Review Board, upon written request, shall |
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| inform a victim or any other
concerned citizen when feasible at |
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| least 7 days prior to the prisoner's release
on furlough of the |
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| times and dates of such furlough. Upon written request by
the |
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| victim or any other concerned citizen, the State's Attorney |
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| shall notify
the person once of the times and dates of release |
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| of a prisoner sentenced to
periodic imprisonment. Notification |
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| shall be based on the most recent
information as to victim's or |
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| other concerned citizen's residence or other
location |
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| available to the notifying authority.
For purposes of this |
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| paragraph (1) of subsection (d), "concerned citizen"
includes |
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| relatives of the victim, friends of the victim, witnesses to |
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| the
crime, or any other person associated with the victim or |
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| prisoner.
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| (2) When the defendant has been committed to the |
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| Department of
Human Services pursuant to Section 5-2-4 or |
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| any other
provision of the Unified Code of Corrections, the |
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| victim may request to be
notified by the releasing |
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| authority of the defendant's furloughs, temporary release, |
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| or final discharge from State
custody. The Department of |
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| Human Services shall establish and maintain a statewide |
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| telephone number to be used by victims to make notification |
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| requests under these provisions and shall publicize this |
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| telephone number on its website and to the State's Attorney |
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| of each county.
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| (3) In the event of an escape from State custody, the |
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| Department of
Corrections or the Department of Juvenile |
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| Justice immediately shall notify the Prisoner Review Board |
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| of the escape
and the Prisoner Review Board shall notify |
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| the victim. The notification shall
be based upon the most |
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| recent information as to the victim's residence or other
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| location available to the Board. When no such information |
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| is available, the
Board shall make all reasonable efforts |
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| to obtain the information and make
the notification. When |
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| the escapee is apprehended, the Department of
Corrections |
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| or the Department of Juvenile Justice immediately shall |
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| notify the Prisoner Review Board and the Board
shall notify |
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| the victim.
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| (4) The victim of the crime for which the prisoner has |
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| been sentenced
shall receive reasonable written notice not |
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| less than 30 15 days prior to the
parole interview hearing |
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| and may submit, in writing, on film, videotape or other
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| electronic means or in the form of a recording or in person |
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| at the parole
interview hearing
or if a victim of a violent |
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| crime, by calling the
toll-free number established in |
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| subsection (f) of this Section, information
for
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| consideration by the Prisoner Review Board. The
victim |
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| shall be notified within 7 days after the prisoner has been |
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| granted
parole and shall be informed of the right to |
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| inspect the registry of parole
decisions, established |
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| under subsection (g) of Section 3-3-5 of the Unified
Code |
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| of Corrections. The provisions of this paragraph (4) are |
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| subject to the
Open Parole Hearings Act.
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| (5) If a statement is presented under Section 6, the |
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| Prisoner Review Board
shall inform the victim of any order |
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| of discharge entered by the Board pursuant
to Section 3-3-8 |
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| of the Unified Code of Corrections.
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| (6) At the written request of the victim of the crime |
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| for which the
prisoner was sentenced or the State's |
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| Attorney of the county where the person seeking parole was |
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| prosecuted , the Prisoner Review Board shall notify the |
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| victim and the State's Attorney of the county where the |
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| person seeking parole was prosecuted of
the death of the |
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| prisoner 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 |
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| Department of
Corrections, the Department of Juvenile |
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| Justice, or the Department of Human Services is released or |
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| discharged and
subsequently committed to the Department of |
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| Human Services as a sexually
violent person and the victim |
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| had requested to be notified by the releasing
authority of |
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| the defendant's discharge from State custody, the |
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| releasing
authority shall provide to the Department of |
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| Human Services such information
that would allow the |
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| Department of Human Services to contact the victim.
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| (8) When a defendant has been convicted of a sex |
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| offense as defined in Section 2 of the Sex Offender |
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| Registration Act and has been sentenced to the Department |
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| of Corrections or the Department of Juvenile Justice, the |
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| Prisoner Review Board shall notify the victim of the sex |
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| offense of the prisoner's eligibility for release on |
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| parole,
mandatory supervised release, electronic |
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| detention, work release, international transfer or |
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| exchange, or by the
custodian of the discharge of any |
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| individual who was adjudicated a delinquent
for a sex |
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| offense from State custody and by the sheriff of the |
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| appropriate
county of any such person's final discharge |
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| from county custody. The notification shall be made to the |
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| victim at least 30 days, whenever possible, before release |
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| of the sex offender. |
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| (e) The officials named in this Section may satisfy some or |
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| all of their
obligations to provide notices and other |
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| information through participation in a
statewide victim and |
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| 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 |
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| information to the
Prisoner Review Board for consideration by |
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| the
Board at a parole hearing of a person who committed the |
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| crime against
the victim in accordance with clause (d)(4) of |
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| this Section or at a proceeding
to determine the conditions of |
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| mandatory supervised release of a person
sentenced to a |
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| determinate sentence or at a hearing on revocation of mandatory
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| supervised release of a person sentenced to a determinate |
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| sentence, the Board
shall establish a toll-free number that may |
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| be accessed by the victim of
a violent crime to present that |
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| information to the Board.
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| (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; |
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| 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. |
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| 8-11-09.)
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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, and 3-3-5 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 |
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| "Parole and
Pardon Board" as used in any law of Illinois, shall |
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| read "Prisoner Review
Board." After the effective date of this |
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| amendatory Act of 1977, the
Prisoner Review Board shall provide |
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| by rule for the orderly transition of
all files, records, and |
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| documents of the Parole and Pardon Board and for
such other |
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| steps as may be necessary to effect an orderly transition and |
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| shall:
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| (1) hear by at least one member and through a panel of |
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| at least 3 members
decide, cases of prisoners
who were |
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| 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 |
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| for parole;
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| (2) hear by at least one member and through a panel of |
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| at least 3 members decide, the conditions of
parole and the |
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| time of discharge from parole, impose sanctions for
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| violations of parole, and revoke
parole for those sentenced |
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| under the law in effect prior to this amendatory
Act of |
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| 1977; provided that the decision to parole and the |
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| conditions of
parole for all prisoners who were sentenced |
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| for first degree murder or who
received a minimum sentence |
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| 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 |
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| the
Prisoner Review Board . One representative supporting |
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| parole and one representative opposing parole will be |
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| allowed to speak. Their comments shall be limited to making |
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| corrections and filling in omissions to the Board's |
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| presentation and discussion ;
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| (3) hear by at least one member and through a panel of |
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| at least 3 members decide, the conditions
of mandatory |
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| supervised release and the time of discharge from mandatory
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| supervised release, impose sanctions for violations of |
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| mandatory
supervised release, and revoke mandatory |
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| supervised release for those
sentenced under the law in |
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| effect after the effective date of this
amendatory Act of |
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| 1977;
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| (3.5) hear by at least one member and through a panel |
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| of at least 3 members decide, the conditions of mandatory |
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| supervised release and the time of discharge from mandatory |
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| supervised release, to impose sanctions for violations of |
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| mandatory supervised release and revoke mandatory |
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| supervised release for those serving extended supervised |
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| release terms pursuant to paragraph (4) of subsection (d) |
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| of Section 5-8-1;
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| (4) hear by at least 1 member and through a panel of at |
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| least 3
members,
decide cases brought by the Department of |
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| Corrections against a prisoner in
the custody of the |
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| Department for alleged violation of Department rules
with |
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| respect to good conduct credits pursuant to Section 3-6-3 |
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| 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 |
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| days or when, during any 12 month period, the
cumulative |
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| amount of credit revoked exceeds 30 days except where the
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| infraction is committed or discovered within 60 days of |
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| scheduled release.
In such cases, the Department of |
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| Corrections may revoke up to 30 days of
good conduct |
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| credit. The Board may subsequently approve the revocation |
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| of
additional good conduct credit, if the Department seeks |
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| to revoke good
conduct credit in excess of thirty days. |
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| However, the Board shall not be
empowered to review the |
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| 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;
|
|
|
|
09600SB1896ham001 |
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LRB096 10791 RLC 30446 a |
|
|
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 |
|
|
|
09600SB1896ham001 |
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LRB096 10791 RLC 30446 a |
|
|
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 |
|
|
|
09600SB1896ham001 |
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LRB096 10791 RLC 30446 a |
|
|
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 |
|
|
|
09600SB1896ham001 |
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LRB096 10791 RLC 30446 a |
|
|
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 |
|
|
|
09600SB1896ham001 |
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LRB096 10791 RLC 30446 a |
|
|
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 |
|
|
|
09600SB1896ham001 |
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LRB096 10791 RLC 30446 a |
|
|
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 |
|
|
|
09600SB1896ham001 |
- 22 - |
LRB096 10791 RLC 30446 a |
|
|
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 |
|
|
|
09600SB1896ham001 |
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LRB096 10791 RLC 30446 a |
|
|
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.
|
|
|
|
09600SB1896ham001 |
- 24 - |
LRB096 10791 RLC 30446 a |
|
|
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
|
|
|
|
09600SB1896ham001 |
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LRB096 10791 RLC 30446 a |
|
|
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 |
|
|
|
09600SB1896ham001 |
- 26 - |
LRB096 10791 RLC 30446 a |
|
|
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.".
|