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| Public Act 097-0522 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-3-5 as follows:
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(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
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Sec. 3-3-5. Hearing and Determination.
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(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.
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(b) If the person under consideration for parole is in the
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custody of the Department, at least one member of the Board
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shall interview him, and a report of that interview shall be
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available for the Board's consideration. However, in the
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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
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Board may in its discretion parole a person who is then outside
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the jurisdiction on his record without an interview. The Board
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need not hold a hearing or interview a person who is paroled
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under paragraphs (d) or (e) of this Section or released on
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Mandatory release under Section 3-3-10.
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(c) The Board shall not parole a person eligible for
parole | ||
if it determines that:
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(1) there is a substantial risk that he will not
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conform to reasonable conditions of parole; or
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(2) his release at that time would deprecate the
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seriousness of his offense or promote disrespect for the | ||
law; or
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(3) his release would have a substantially adverse
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effect on institutional discipline.
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(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.
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(e) A person who has served the maximum term of
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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.
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(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,
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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.
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(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.
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(h) The Board shall promulgate rules regarding the exercise
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of its discretion under this Section.
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(Source: P.A. 96-875, eff. 1-22-10.)
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