Sen. Kirk W. Dillard
Filed: 5/17/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 975
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 975, by replacing | ||||||
3 | lines 6 through 23 on page 1 and all of pages 2 through 8 with | ||||||
4 | the following:
| ||||||
5 | "(725 ILCS 120/4.5)
| ||||||
6 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
7 | victims. To afford
crime victims their rights, law enforcement, | ||||||
8 | prosecutors, judges and
corrections will provide information, | ||||||
9 | as appropriate of the following
procedures:
| ||||||
10 | (a) At the request of the crime victim, law enforcement | ||||||
11 | authorities
investigating the case shall provide notice of the | ||||||
12 | status of the investigation,
except where the State's Attorney | ||||||
13 | determines that disclosure of such
information would | ||||||
14 | unreasonably interfere with the investigation, until such
time | ||||||
15 | as the alleged assailant is apprehended or the investigation is | ||||||
16 | closed.
| ||||||
17 | (b) The office of the State's Attorney:
|
| |||||||
| |||||||
1 | (1) shall provide notice of the filing of information, | ||||||
2 | the return of an
indictment by which a prosecution for any | ||||||
3 | violent crime is commenced, or the
filing of a petition to | ||||||
4 | adjudicate a minor as a delinquent for a violent
crime;
| ||||||
5 | (2) shall provide notice of the date, time, and place | ||||||
6 | of trial;
| ||||||
7 | (3) or victim advocate personnel shall provide | ||||||
8 | information of social
services and financial assistance | ||||||
9 | available for victims of crime, including
information of | ||||||
10 | how to apply for these services and assistance;
| ||||||
11 | (4) shall assist in having any stolen or other personal | ||||||
12 | property held by
law enforcement authorities for | ||||||
13 | evidentiary or other purposes returned as
expeditiously as | ||||||
14 | possible, pursuant to the procedures set out in Section | ||||||
15 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
16 | (5) or victim advocate personnel shall provide | ||||||
17 | appropriate employer
intercession services to ensure that | ||||||
18 | employers of victims will cooperate with
the criminal | ||||||
19 | justice system in order to minimize an employee's loss of | ||||||
20 | pay and
other benefits resulting from court appearances;
| ||||||
21 | (6) shall provide information whenever possible, of a | ||||||
22 | secure waiting
area during court proceedings that does not | ||||||
23 | require victims to be in close
proximity to defendant or | ||||||
24 | juveniles accused of a violent crime, and their
families | ||||||
25 | and friends;
| ||||||
26 | (7) shall provide notice to the crime victim of the |
| |||||||
| |||||||
1 | right to have a
translator present at all court | ||||||
2 | proceedings;
| ||||||
3 | (8) in the case of the death of a person, which death | ||||||
4 | occurred in the same
transaction or occurrence in which | ||||||
5 | acts occurred for which a defendant is
charged with an | ||||||
6 | offense, shall notify the spouse, parent, child or sibling | ||||||
7 | of
the decedent of the date of the trial of the person or | ||||||
8 | persons allegedly
responsible for the death;
| ||||||
9 | (9) shall inform the victim of the right to have | ||||||
10 | present at all court
proceedings, subject to the rules of | ||||||
11 | evidence, an advocate or other support
person of the | ||||||
12 | victim's choice, and the right to retain an attorney, at | ||||||
13 | the
victim's own expense, who, upon written notice filed | ||||||
14 | with the clerk of the
court and State's Attorney, is to | ||||||
15 | receive copies of all notices, motions and
court orders | ||||||
16 | filed thereafter in the case, in the same manner as if the | ||||||
17 | victim
were a named party in the case; and
| ||||||
18 | (10) at the sentencing hearing shall make a good faith | ||||||
19 | attempt to explain
the minimum amount of time during which | ||||||
20 | the defendant may actually be
physically imprisoned. The | ||||||
21 | Office of the State's Attorney shall further notify
the | ||||||
22 | crime victim of the right to request from the Prisoner | ||||||
23 | Review Board
information concerning the release of the | ||||||
24 | defendant under subparagraph (d)(1)
of this Section; and
| ||||||
25 | (11) shall request restitution at sentencing and shall | ||||||
26 | consider
restitution in any plea negotiation, as provided |
| |||||||
| |||||||
1 | by law.
| ||||||
2 | (c) At the written request of the crime victim, the office | ||||||
3 | of the State's
Attorney shall:
| ||||||
4 | (1) provide notice a reasonable time in advance of the | ||||||
5 | following court
proceedings: preliminary hearing, any | ||||||
6 | hearing the effect of which may be the
release of defendant | ||||||
7 | from custody, or to alter the conditions of bond and the
| ||||||
8 | sentencing hearing. The crime victim shall also be notified | ||||||
9 | of the
cancellation of the court proceeding in sufficient | ||||||
10 | time, wherever possible, to
prevent an unnecessary | ||||||
11 | appearance in court;
| ||||||
12 | (2) provide notice within a reasonable time after | ||||||
13 | receipt of notice from
the custodian, of the release of the | ||||||
14 | defendant on bail or personal recognizance
or the release | ||||||
15 | from detention of a minor who has been detained for a | ||||||
16 | violent
crime;
| ||||||
17 | (3) explain in nontechnical language the details of any | ||||||
18 | plea or verdict of
a defendant, or any adjudication of a | ||||||
19 | juvenile as a delinquent for a violent
crime;
| ||||||
20 | (4) where practical, consult with the crime victim | ||||||
21 | before the Office of
the State's Attorney makes an offer of | ||||||
22 | a plea bargain to the defendant or
enters into negotiations | ||||||
23 | with the defendant concerning a possible plea
agreement, | ||||||
24 | and shall consider the written victim impact statement, if | ||||||
25 | prepared
prior to entering into a plea agreement;
| ||||||
26 | (5) provide notice of the ultimate disposition of the |
| |||||||
| |||||||
1 | cases arising from
an indictment or an information, or a | ||||||
2 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
3 | a violent crime;
| ||||||
4 | (6) provide notice of any appeal taken by the defendant | ||||||
5 | and information
on how to contact the appropriate agency | ||||||
6 | handling the appeal;
| ||||||
7 | (7) provide notice of any request for post-conviction | ||||||
8 | review filed by the
defendant under Article 122 of the Code | ||||||
9 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
10 | place of any hearing concerning the petition. Whenever
| ||||||
11 | possible, notice of the hearing shall be given in advance;
| ||||||
12 | (8) forward a copy of any statement presented under | ||||||
13 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
14 | the Board in making its determination
under subsection (b) | ||||||
15 | of Section 3-3-8 of the Unified Code of Corrections.
| ||||||
16 | (d) (1) The Prisoner Review Board shall inform a victim or | ||||||
17 | any other
concerned citizen, upon written request, of the | ||||||
18 | prisoner's release on parole,
mandatory supervised release, | ||||||
19 | electronic detention, work release , international transfer or | ||||||
20 | exchange, or by the
custodian of the discharge of any | ||||||
21 | individual who was adjudicated a delinquent
for a violent crime | ||||||
22 | from State custody and by the sheriff of the appropriate
county | ||||||
23 | of any such person's final discharge from county custody.
The | ||||||
24 | Prisoner Review Board, upon written request, shall provide to a | ||||||
25 | victim or
any other concerned citizen a recent photograph of | ||||||
26 | any person convicted of a
felony, upon his or her release from |
| |||||||
| |||||||
1 | custody.
The Prisoner
Review Board, upon written request, shall | ||||||
2 | inform a victim or any other
concerned citizen when feasible at | ||||||
3 | least 7 days prior to the prisoner's release
on furlough of the | ||||||
4 | times and dates of such furlough. Upon written request by
the | ||||||
5 | victim or any other concerned citizen, the State's Attorney | ||||||
6 | shall notify
the person once of the times and dates of release | ||||||
7 | of a prisoner sentenced to
periodic imprisonment. Notification | ||||||
8 | shall be based on the most recent
information as to victim's or | ||||||
9 | other concerned citizen's residence or other
location | ||||||
10 | available to the notifying authority.
For purposes of this | ||||||
11 | paragraph (1) of subsection (d), "concerned citizen"
includes | ||||||
12 | relatives of the victim, friends of the victim, witnesses to | ||||||
13 | the
crime, or any other person associated with the victim or | ||||||
14 | prisoner.
| ||||||
15 | (2) When the defendant has been committed to the | ||||||
16 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
17 | any other
provision of the Unified Code of Corrections, the | ||||||
18 | victim may request to be
notified by the releasing | ||||||
19 | authority of the defendant's discharge from State
custody.
| ||||||
20 | (3) In the event of an escape from State custody, the | ||||||
21 | Department of
Corrections or the Department of Juvenile | ||||||
22 | Justice immediately shall notify the Prisoner Review Board | ||||||
23 | of the escape
and the Prisoner Review Board shall notify | ||||||
24 | the victim. The notification shall
be based upon the most | ||||||
25 | recent information as to the victim's residence or other
| ||||||
26 | location available to the Board. When no such information |
| |||||||
| |||||||
1 | is available, the
Board shall make all reasonable efforts | ||||||
2 | to obtain the information and make
the notification. When | ||||||
3 | the escapee is apprehended, the Department of
Corrections | ||||||
4 | or the Department of Juvenile Justice immediately shall | ||||||
5 | notify the Prisoner Review Board and the Board
shall notify | ||||||
6 | the victim.
| ||||||
7 | (4) The victim of the crime for which the prisoner has | ||||||
8 | been sentenced
shall receive reasonable written notice not | ||||||
9 | less than 30
15 days prior to the
parole hearing and may | ||||||
10 | submit, in writing, on film, videotape or other
electronic | ||||||
11 | means or in the form of a recording or in person at the | ||||||
12 | parole
hearing
or if a victim of a violent crime, by | ||||||
13 | calling the
toll-free number established in subsection (f) | ||||||
14 | of this Section, information
for
consideration by the | ||||||
15 | Prisoner Review Board. The
victim shall be notified within | ||||||
16 | 7 business days after the prisoner has been granted
parole | ||||||
17 | and shall be informed of the right to inspect the registry | ||||||
18 | of parole
decisions, established under subsection (g) of | ||||||
19 | Section 3-3-5 of the Unified
Code of Corrections. The | ||||||
20 | provisions of this paragraph (4) are subject to the
Open | ||||||
21 | Parole Hearings Act. When the victim has opposed parole for | ||||||
22 | an inmate sentenced before February 1, 1978, the additional | ||||||
23 | provisions in paragraphs (5.1) through (5.3) apply.
| ||||||
24 | (5) If a statement is presented under Section 6, the | ||||||
25 | Prisoner Review Board
shall inform the victim of any order | ||||||
26 | of discharge entered by the Board pursuant
to Section 3-3-8 |
| |||||||
| |||||||
1 | of the Unified Code of Corrections. | ||||||
2 | (5.1) If a victim or concerned citizen has registered | ||||||
3 | an objection to parole of an inmate sentenced before | ||||||
4 | February 1, 1978, the victim or concerned citizen may | ||||||
5 | receive a copy of the most recent written submissions that | ||||||
6 | the inmate filed in requesting parole. The Prisoner Review | ||||||
7 | Board may satisfy this requirement by tendering these | ||||||
8 | documents to the State's Attorney's Office when the State's | ||||||
9 | Attorney's Office has submitted objections with the victim | ||||||
10 | or a concerned citizen or by mailing the written | ||||||
11 | submissions to the victims or concerned citizens who have | ||||||
12 | registered. Reasonable opportunity must be given to the | ||||||
13 | victims, concerned citizens, and the State's Attorney to | ||||||
14 | submit a written statement noting any errors or material | ||||||
15 | omissions in the inmate's submission before the final vote | ||||||
16 | by the Board is conducted. | ||||||
17 | (5.2) If the Prisoner Review Board grants parole to an | ||||||
18 | inmate sentenced before February 1, 1978, the victims, | ||||||
19 | concerned citizens, and the State's Attorney's Office who | ||||||
20 | opposed parole must be notified and tendered a copy of the | ||||||
21 | parole decision as well as the Board member affidavits | ||||||
22 | attesting that they reviewed all submitted material before | ||||||
23 | rendering the decision. The actual release of the inmate | ||||||
24 | shall not take place until these documents, as well as the | ||||||
25 | notifications in paragraphs (5.3) and (5.4), are tendered | ||||||
26 | to the parties registered as opposing parole. |
| |||||||
| |||||||
1 | (5.3) Victims and concerned citizens shall further be | ||||||
2 | notified of their right to seek a rehearing by submitting a | ||||||
3 | written request through the State's Attorney's Office | ||||||
4 | listing reasons as to why the parole decision was | ||||||
5 | erroneous. Requests for a rehearing shall be filed by the | ||||||
6 | 7th business day after the State's Attorney has received | ||||||
7 | the parole decision documents. | ||||||
8 | (5.4) Victims and concerned citizens shall further be | ||||||
9 | notified of their right to suggest and request that certain | ||||||
10 | conditions of parole be imposed by either submitting a | ||||||
11 | written request through the State's Attorney or submitting | ||||||
12 | the requests directly to the Prisoner Review Board within 7 | ||||||
13 | business days after receiving notification of the grant of | ||||||
14 | parole.
| ||||||
15 | (6) At the written request of the victim of the crime | ||||||
16 | for which the
prisoner was sentenced, the Prisoner Review | ||||||
17 | Board shall notify the victim of
the death of the prisoner | ||||||
18 | if the prisoner died while on parole or mandatory
| ||||||
19 | supervised release.
| ||||||
20 | (7) When a defendant who has been committed to the | ||||||
21 | Department of
Corrections, the Department of Juvenile | ||||||
22 | Justice, or the Department of Human Services is released or | ||||||
23 | discharged and
subsequently committed to the Department of | ||||||
24 | Human Services as a sexually
violent person and the victim | ||||||
25 | had requested to be notified by the releasing
authority of | ||||||
26 | the defendant's discharge from State custody, the |
| |||||||
| |||||||
1 | releasing
authority shall provide to the Department of | ||||||
2 | Human Services such information
that would allow the | ||||||
3 | Department of Human Services to contact the victim.
| ||||||
4 | (e) The officials named in this Section may satisfy some or | ||||||
5 | all of their
obligations to provide notices and other | ||||||
6 | information through participation in a
statewide victim and | ||||||
7 | witness notification system established by the Attorney
| ||||||
8 | General under Section 8.5 of this Act.
| ||||||
9 | (f) To permit a victim of a violent crime to provide | ||||||
10 | information to the
Prisoner Review Board for consideration by | ||||||
11 | the
Board at a parole hearing of a person who committed the | ||||||
12 | crime against
the victim in accordance with clause (d)(4) of | ||||||
13 | this Section or at a proceeding
to determine the conditions of | ||||||
14 | mandatory supervised release of a person
sentenced to a | ||||||
15 | determinate sentence or at a hearing on revocation of mandatory
| ||||||
16 | supervised release of a person sentenced to a determinate | ||||||
17 | sentence, the Board
shall establish a toll-free number that may | ||||||
18 | be accessed by the victim of
a violent crime to present that | ||||||
19 | information to the Board.
| ||||||
20 | (Source: P.A. 93-235, eff. 7-22-03; 94-696, eff. 6-1-06 .)
| ||||||
21 | Section 10. The Sexually Violent Persons Commitment Act is | ||||||
22 | amended by changing Section 5 as follows:
| ||||||
23 | (725 ILCS 207/5)
| ||||||
24 | Sec. 5. Definitions. As used in this Act, the term:
|
| |||||||
| |||||||
1 | (a) "Department" means the Department of Human
Services.
| ||||||
2 | (b) "Mental disorder" means a congenital or acquired
| ||||||
3 | condition affecting the emotional or volitional capacity that
| ||||||
4 | predisposes a person to engage in acts of sexual violence.
| ||||||
5 | (c) "Secretary" means the Secretary of
Human Services.
| ||||||
6 | (d) "Sexually motivated" means that one of the purposes for
| ||||||
7 | an act is for the actor's sexual arousal or gratification.
| ||||||
8 | (e) "Sexually violent offense" means any of the following:
| ||||||
9 | (1) Any crime specified in Section 11-6, 12-13, 12-14, | ||||||
10 | 12-14.1,
or 12-16 of the Criminal Code of 1961; or
| ||||||
11 | (1.5) Any former law of this State specified in Section | ||||||
12 | 11-1 (rape),
11-3 (deviate sexual assault), 11-4 (indecent | ||||||
13 | liberties with a child) or 11-4
(aggravated indecent | ||||||
14 | liberties with a child) of the Criminal Code of 1961; or
| ||||||
15 | (2) First degree murder, if it is determined by the | ||||||
16 | agency
with jurisdiction to have been sexually motivated; | ||||||
17 | or
| ||||||
18 | (2.5) First degree murder, if it is determined by the | ||||||
19 | agency with jurisdiction that a sexually violent offense | ||||||
20 | was committed during the same course of criminal conduct as | ||||||
21 | the first degree murder and that relevant and reliable | ||||||
22 | evidence shows that the sexually violent offense was | ||||||
23 | committed by the inmate or by a person for whom the inmate | ||||||
24 | was legally accountable if the inmate aided, encouraged, or | ||||||
25 | abetted the sexually violent offense for the inmate's own | ||||||
26 | personal sexual gratification; or
|
| |||||||
| |||||||
1 | (3) Any solicitation, conspiracy or attempt to commit a
| ||||||
2 | crime under paragraph (e)(1) or (e)(2) of this Section.
| ||||||
3 | (f) "Sexually violent person" means a person who has been
| ||||||
4 | convicted of a sexually violent offense, has been adjudicated
| ||||||
5 | delinquent for a sexually violent offense, or has been found | ||||||
6 | not
guilty of a sexually violent offense by
reason of insanity | ||||||
7 | and who is
dangerous because he or she suffers from a mental | ||||||
8 | disorder that
makes it substantially probable that the person | ||||||
9 | will engage in
acts of sexual violence.
| ||||||
10 | (Source: P.A. 94-746, eff. 5-8-06.)"; and
| ||||||
11 | on page 9, by replacing lines 1 and 2 with the following: | ||||||
12 | "Section 15. The Unified Code of Corrections is amended by | ||||||
13 | changing Sections 3-2-3.1, 3-3-2, 3-3-4, 3-3-5, and 3-3-8 as | ||||||
14 | follows:"; and | ||||||
15 | on page 9, by replacing lines 17 and 18 with the following:
| ||||||
16 | "(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| ||||||
17 | Sec. 3-3-2. Powers and Duties.
| ||||||
18 | (a) The Parole and Pardon Board is abolished and the term | ||||||
19 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
20 | read "Prisoner Review
Board." After the effective date of this | ||||||
21 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
22 | by rule for the orderly transition of
all files, records, and | ||||||
23 | documents of the Parole and Pardon Board and for
such other |
| |||||||
| |||||||
1 | steps as may be necessary to effect an orderly transition and | ||||||
2 | shall:
| ||||||
3 | (1) hear by at least 3 members
one member and through a | ||||||
4 | panel of at least 7
3 members
decide, cases of prisoners
| ||||||
5 | who were sentenced under the law in effect prior to the | ||||||
6 | effective
date of this amendatory Act of 1977, and who are | ||||||
7 | eligible for parole;
| ||||||
8 | (2) hear by at least one member and through a panel of | ||||||
9 | at least 3 members decide, the conditions of
parole and the | ||||||
10 | time of discharge from parole, impose sanctions for
| ||||||
11 | violations of parole, and revoke
parole for those sentenced | ||||||
12 | under the law in effect prior to this amendatory
Act of | ||||||
13 | 1977; provided that the decision to parole and the | ||||||
14 | conditions of
parole for all prisoners who were sentenced | ||||||
15 | for first degree murder or who
received a minimum sentence | ||||||
16 | of 20 years or more under the law in effect
prior to | ||||||
17 | February 1, 1978 shall be determined by a majority vote of | ||||||
18 | the
Prisoner Review Board after a panel of at least 3 | ||||||
19 | members has heard presentations in support of and, if the | ||||||
20 | parole is opposed, in objection to the parole request ;
| ||||||
21 | (3) hear by at least one member and through a panel of | ||||||
22 | at least 3 members decide, the conditions
of mandatory | ||||||
23 | supervised release and the time of discharge from mandatory
| ||||||
24 | supervised release, impose sanctions for violations of | ||||||
25 | mandatory
supervised release, and revoke mandatory | ||||||
26 | supervised release for those
sentenced under the law in |
| |||||||
| |||||||
1 | effect after the effective date of this
amendatory Act of | ||||||
2 | 1977;
| ||||||
3 | (3.5) hear by at least one member and through a panel | ||||||
4 | of at least 3 members decide, the conditions of mandatory | ||||||
5 | supervised release and the time of discharge from mandatory | ||||||
6 | supervised release, to impose sanctions for violations of | ||||||
7 | mandatory supervised release and revoke mandatory | ||||||
8 | supervised release for those serving extended supervised | ||||||
9 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
10 | of Section 5-8-1;
| ||||||
11 | (4) hear by at least 1 member and through a panel of at | ||||||
12 | least 3
members,
decide cases brought by the Department of | ||||||
13 | Corrections against a prisoner in
the custody of the | ||||||
14 | Department for alleged violation of Department rules
with | ||||||
15 | respect to good conduct credits pursuant to Section 3-6-3 | ||||||
16 | of this Code
in which the Department seeks to revoke good | ||||||
17 | conduct credits, if the amount
of time at issue exceeds 30 | ||||||
18 | days or when, during any 12 month period, the
cumulative | ||||||
19 | amount of credit revoked exceeds 30 days except where the
| ||||||
20 | infraction is committed or discovered within 60 days of | ||||||
21 | scheduled release.
In such cases, the Department of | ||||||
22 | Corrections may revoke up to 30 days of
good conduct | ||||||
23 | credit. The Board may subsequently approve the revocation | ||||||
24 | of
additional good conduct credit, if the Department seeks | ||||||
25 | to revoke good
conduct credit in excess of thirty days. | ||||||
26 | However, the Board shall not be
empowered to review the |
| |||||||
| |||||||
1 | Department's decision with respect to the loss of
30 days | ||||||
2 | of good conduct credit for any prisoner or to increase any | ||||||
3 | penalty
beyond the length requested by the Department;
| ||||||
4 | (5) hear by at least one member and through a panel of | ||||||
5 | at least 3
members decide, the
release dates for certain | ||||||
6 | prisoners sentenced under the law in existence
prior to the | ||||||
7 | effective date of this amendatory Act of 1977, in
| ||||||
8 | accordance with Section 3-3-2.1 of this Code;
| ||||||
9 | (6) hear by at least one member and through a panel of | ||||||
10 | at least 3 members
decide, all requests for pardon, | ||||||
11 | reprieve or commutation, and make confidential
| ||||||
12 | recommendations to the Governor;
| ||||||
13 | (7) comply with the requirements of the Open Parole | ||||||
14 | Hearings Act;
| ||||||
15 | (8) hear by at least one member and, through a panel of | ||||||
16 | at least 3
members, decide cases brought by the Department | ||||||
17 | of Corrections against a
prisoner in the custody of the | ||||||
18 | Department for court dismissal of a frivolous
lawsuit | ||||||
19 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
20 | Department seeks
to revoke up to 180 days of good conduct | ||||||
21 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
22 | good conduct credit at the time of the dismissal, then
all | ||||||
23 | good conduct credit accumulated by the prisoner shall be | ||||||
24 | revoked;
and
| ||||||
25 | (9) hear by at least 3 members, and, through a panel of | ||||||
26 | at least 3
members, decide whether to grant certificates of |
| |||||||
| |||||||
1 | relief from
disabilities or certificates of good conduct as | ||||||
2 | provided in Article 5.5 of
Chapter V.
| ||||||
3 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
4 | and in
coordination with the Department of Corrections and the | ||||||
5 | Department of Central
Management Services, shall implement a | ||||||
6 | pilot project in 3 correctional
institutions providing for the | ||||||
7 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
8 | (a) of this Section through interactive video conferences.
The
| ||||||
9 | project shall be implemented within 6 months after the | ||||||
10 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
11 | after the implementation of the pilot
project, the Prisoner | ||||||
12 | Review Board, with the cooperation of and in coordination
with | ||||||
13 | the Department of Corrections and the Department of Central | ||||||
14 | Management
Services, shall report to the Governor and the | ||||||
15 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
16 | future viability of interactive video
conferences for Prisoner | ||||||
17 | Review Board hearings.
| ||||||
18 | (b) Upon recommendation of the Department the Board may | ||||||
19 | restore good
conduct credit previously revoked.
| ||||||
20 | (c) The Board shall cooperate with the Department in | ||||||
21 | promoting an
effective system of parole and mandatory | ||||||
22 | supervised release.
| ||||||
23 | (d) The Board shall promulgate rules for the conduct of its | ||||||
24 | work,
and the Chairman shall file a copy of such rules and any | ||||||
25 | amendments
thereto with the Director and with the Secretary of | ||||||
26 | State.
|
| |||||||
| |||||||
1 | (e) The Board shall keep records of all of its official | ||||||
2 | actions and
shall make them accessible in accordance with law | ||||||
3 | and the rules of the
Board.
| ||||||
4 | (f) The Board or one who has allegedly violated the | ||||||
5 | conditions of
his parole or mandatory supervised release may | ||||||
6 | require by subpoena the
attendance and testimony of witnesses | ||||||
7 | and the production of documentary
evidence relating to any | ||||||
8 | matter under investigation or hearing. The
Chairman of the | ||||||
9 | Board may sign subpoenas which shall be served by any
agent or | ||||||
10 | public official authorized by the Chairman of the Board, or by
| ||||||
11 | any person lawfully authorized to serve a subpoena under the | ||||||
12 | laws of the
State of Illinois. The attendance of witnesses, and | ||||||
13 | the production of
documentary evidence, may be required from | ||||||
14 | any place in the State to a
hearing location in the State | ||||||
15 | before the Chairman of the Board or his
designated agent or | ||||||
16 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
17 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
18 | mileage that are paid witnesses in the circuit courts of the
| ||||||
19 | State, and witnesses whose depositions are taken and the | ||||||
20 | persons taking
those depositions are each entitled to the same | ||||||
21 | fees as are paid for
like services in actions in the circuit | ||||||
22 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
23 | payment when the witness is discharged
from further attendance.
| ||||||
24 | In case of disobedience to a subpoena, the Board may | ||||||
25 | petition any
circuit court of the State for an order requiring | ||||||
26 | the attendance and
testimony of witnesses or the production of |
| |||||||
| |||||||
1 | documentary evidence or
both. A copy of such petition shall be | ||||||
2 | served by personal service or by
registered or certified mail | ||||||
3 | upon the person who has failed to obey the
subpoena, and such | ||||||
4 | person shall be advised in writing that a hearing
upon the | ||||||
5 | petition will be requested in a court room to be designated in
| ||||||
6 | such notice before the judge hearing motions or extraordinary | ||||||
7 | remedies
at a specified time, on a specified date, not less | ||||||
8 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
9 | the written notice and petition
in the U.S. mails addressed to | ||||||
10 | the person at his last known address or
after the personal | ||||||
11 | service of the copy of the notice and petition upon
such | ||||||
12 | person. The court upon the filing of such a petition, may order | ||||||
13 | the
person refusing to obey the subpoena to appear at an | ||||||
14 | investigation or
hearing, or to there produce documentary | ||||||
15 | evidence, if so ordered, or to
give evidence relative to the | ||||||
16 | subject matter of that investigation or
hearing. Any failure to | ||||||
17 | obey such order of the circuit court may be
punished by that | ||||||
18 | court as a contempt of court.
| ||||||
19 | Each member of the Board and any hearing officer designated | ||||||
20 | by the
Board shall have the power to administer oaths and to | ||||||
21 | take the testimony
of persons under oath.
| ||||||
22 | (g) Except under subsection (a) of this Section, a majority | ||||||
23 | of the
members then appointed to the Prisoner Review Board | ||||||
24 | shall constitute a
quorum for the transaction of all business | ||||||
25 | of the Board.
| ||||||
26 | (h) The Prisoner Review Board shall annually transmit to |
| |||||||
| |||||||
1 | the
Director a detailed report of its work for the preceding | ||||||
2 | calendar year.
The annual report shall also be transmitted to | ||||||
3 | the Governor for
submission to the Legislature.
| ||||||
4 | (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
| ||||||
5 | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| ||||||
6 | Sec. 3-3-4. Preparation for Parole Hearing.
| ||||||
7 | (a) The Prisoner Review Board shall consider the parole
of | ||||||
8 | each eligible person committed to the Adult Division at
least | ||||||
9 | 30 days prior to the date he shall first become
eligible for | ||||||
10 | parole, and shall consider the parole of each
person committed | ||||||
11 | to the Department of Juvenile Justice as a delinquent
at least | ||||||
12 | 30 days prior to the expiration of the first year
of | ||||||
13 | confinement.
| ||||||
14 | (b) A person eligible for parole shall, in advance of
his | ||||||
15 | parole hearing, prepare a parole plan in accordance
with the | ||||||
16 | rules of the Prisoner Review Board. The person
shall be | ||||||
17 | assisted in preparing his parole plan by personnel
of the | ||||||
18 | Department of Corrections, or the Department of Juvenile | ||||||
19 | Justice in the case of a person committed to that Department, | ||||||
20 | and may, for this purpose, be released
on furlough under | ||||||
21 | Article 11 or on authorized absence under
Section 3-9-4. The | ||||||
22 | appropriate Department shall also provide
assistance in | ||||||
23 | obtaining information and records helpful to
the individual for | ||||||
24 | his parole hearing.
| ||||||
25 | (c) The members of the Board shall have access at all
|
| |||||||
| |||||||
1 | reasonable times to any committed person and to his master
| ||||||
2 | record file within the Department, and the Department shall
| ||||||
3 | furnish such reports to the Board as the Board may require
| ||||||
4 | concerning the conduct and character of any such person.
| ||||||
5 | (d) In making its determination of parole, the Board
shall | ||||||
6 | consider:
| ||||||
7 | (1) material transmitted to the Department of Juvenile | ||||||
8 | Justice by the
clerk of the committing court under Section | ||||||
9 | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | ||||||
10 | 5-750 of the Juvenile
Court Act of 1987;
| ||||||
11 | (2) the report under Section 3-8-2 or 3-10-2;
| ||||||
12 | (3) a report by the Department and any report by the
| ||||||
13 | chief administrative officer of the institution or | ||||||
14 | facility;
| ||||||
15 | (4) a parole progress report;
| ||||||
16 | (5) a medical and psychological report, if requested
by | ||||||
17 | the Board;
| ||||||
18 | (6) material in writing, or on film, video tape or | ||||||
19 | other electronic
means in the form of a recording submitted | ||||||
20 | by the person whose parole
is being considered; and
| ||||||
21 | (7) material in writing, or on film, video tape or | ||||||
22 | other electronic
means in the form of a recording or | ||||||
23 | testimony submitted by the State's
Attorney and the victim | ||||||
24 | or a concerned citizen pursuant to the Rights of Crime | ||||||
25 | Victims and Witnesses Act ; and
.
| ||||||
26 | (8) the sentences that the inmate would be eligible for |
| |||||||
| |||||||
1 | under the current sentencing statutes.
| ||||||
2 | (e) The prosecuting State's Attorney's office shall | ||||||
3 | receive reasonable
written notice not less than 30
15 days | ||||||
4 | prior to the parole hearing and may
submit relevant information | ||||||
5 | by oral argument or testimony of concerned citizens, or both,
| ||||||
6 | in writing, or on film, video tape or other
electronic means or | ||||||
7 | in the form of a recording to the Board for its
consideration. | ||||||
8 | The State's Attorney may waive the written notice or request | ||||||
9 | reasonable time to procure additional information .
| ||||||
10 | (f) The victim and any registered concerned citizens of the | ||||||
11 | violent crime for which the prisoner has been
sentenced shall | ||||||
12 | receive notice of a parole hearing as provided in paragraph
(4) | ||||||
13 | of subsection (d) of Section 4.5 of the Rights of Crime Victims | ||||||
14 | and Witnesses
Act.
| ||||||
15 | (g) Any recording considered under the provisions of | ||||||
16 | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | ||||||
17 | the form designated by the Board.
Such recording shall be both | ||||||
18 | visual and aural. Every voice on the
recording and person | ||||||
19 | present shall be identified and the recording shall
contain | ||||||
20 | either a visual or aural statement of the person submitting | ||||||
21 | such
recording, the date of the recording and the name of the | ||||||
22 | person whose
parole eligibility is being considered. Such | ||||||
23 | recordings shall be
, if retained by
the Board and shall be | ||||||
24 | deemed to be submitted at any subsequent parole hearing
if the | ||||||
25 | victim or State's Attorney submits in writing a declaration | ||||||
26 | clearly
identifying such recording as representing the present |
| |||||||
| |||||||
1 | position of the
victim or State's Attorney regarding the issues | ||||||
2 | to be considered at the parole
hearing . Board members who | ||||||
3 | ultimately vote on the issue of parole shall sign an affidavit | ||||||
4 | attesting that they have personally reviewed the submissions of | ||||||
5 | the victim pursuant to the rights granted by the Illinois | ||||||
6 | Constitution and the Rights of Crime Victims and Witnesses Act .
| ||||||
7 | (h) When an inmate who was sentenced before February 1, | ||||||
8 | 1978 is seeking parole and has filed written submissions and | ||||||
9 | when the victims or the State's Attorney's Office, or both, is | ||||||
10 | opposing parole, a copy of the inmate's written submissions | ||||||
11 | shall be made available to the opposition so as to grant an | ||||||
12 | opportunity to review and, if desired, respond to the inmate's | ||||||
13 | contentions.
| ||||||
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.
|
| |||||||
| |||||||
1 | (b) If the person under consideration for parole is in the
| ||||||
2 | custody of the Department, at least 3 members
one member of the | ||||||
3 | Board
shall interview him, and a report of that interview shall | ||||||
4 | be
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 | (b-1) When an inmate was sentenced before February 1, 1978, | ||||||
14 | 3 members shall listen to opposition presented by the victim or | ||||||
15 | the State's Attorney, or both, and a copy of the presentation | ||||||
16 | or a summary prepared by the 3 Board members shall be | ||||||
17 | distributed to all voting Board members. If the 3-member panel | ||||||
18 | creates a summary of the victim's or State's Attorney's | ||||||
19 | presentation, or both, a copy of that summary shall be part of | ||||||
20 | the public record and, if parole is granted, shall be tendered | ||||||
21 | to the opposing parties, along with the written decision and | ||||||
22 | member affidavits. Voting Board members shall submit | ||||||
23 | affidavits attesting to the fact that they considered the | ||||||
24 | submissions of the inmate, the State's Attorney, concerned | ||||||
25 | citizens, and the victims. These affidavits shall be attached | ||||||
26 | to the written copy of the Board's parole decision.
|
| |||||||
| |||||||
1 | (c) The Board shall not parole a person eligible for
parole | ||||||
2 | if it determines that:
| ||||||
3 | (1) there is a substantial risk that he will not
| ||||||
4 | conform to reasonable conditions of parole; or
| ||||||
5 | (2) his release at that time would deprecate the
| ||||||
6 | seriousness of his offense or promote disrespect for the | ||||||
7 | law; or
| ||||||
8 | (3) his release would have a substantially adverse
| ||||||
9 | effect on institutional discipline.
| ||||||
10 | (d) A person committed under the Juvenile Court Act
or the | ||||||
11 | Juvenile Court Act of 1987
who has not been sooner released | ||||||
12 | shall be paroled on or before
his 20th birthday to begin | ||||||
13 | serving a period of parole under
Section 3-3-8.
| ||||||
14 | (e) A person who has served the maximum term of
| ||||||
15 | imprisonment imposed at the time of sentencing less time
credit | ||||||
16 | for good behavior shall be released on parole to
serve a period | ||||||
17 | of parole under Section 5-8-1.
| ||||||
18 | (f) The Board shall render its decision within a
reasonable | ||||||
19 | time after hearing and shall state the basis
therefor both in | ||||||
20 | the records of the Board and in written
notice to the person on | ||||||
21 | whose application it has acted.
The Board shall also give | ||||||
22 | written notice to the parties opposing parole; that notice | ||||||
23 | shall include the written decision containing a factual summary | ||||||
24 | of the crime and reasons for granting parole, affidavits of | ||||||
25 | voting members attesting that they have reviewed submissions by | ||||||
26 | both sides, an explanation of the procedure to request a |
| |||||||
| |||||||
1 | rehearing, and an opportunity to request conditions of parole.
| ||||||
2 | In its decision, the Board shall set the person's time
for | ||||||
3 | parole, allowing sufficient time for notice to the opposing | ||||||
4 | parties of not less than 15 days, or if it denies parole it | ||||||
5 | shall provide for
a rehearing not less frequently than once | ||||||
6 | every
year, except that the Board may,
after denying parole,
| ||||||
7 | schedule a rehearing no later than 3 years from the date of the | ||||||
8 | parole
denial, if the Board finds that it is not reasonable to | ||||||
9 | expect that parole
would be granted at a hearing prior to the | ||||||
10 | scheduled rehearing date. If the
Board shall parole a person, | ||||||
11 | and, if he is not released within 90 days from
the effective | ||||||
12 | date of the order granting parole, the matter shall be
returned | ||||||
13 | to the Board for review.
| ||||||
14 | (g) The Board shall maintain a registry of decisions in | ||||||
15 | which parole
has been granted, which shall include the name and | ||||||
16 | case number of the
prisoner, the highest charge for which the | ||||||
17 | prisoner was sentenced, the
length of sentence imposed, the | ||||||
18 | date of the sentence, the date of the
parole, the affidavits of | ||||||
19 | voting Board members attesting that they reviewed submitted | ||||||
20 | materials, the written basis for the decision of the Board to | ||||||
21 | grant parole , including a summary of the facts of the crime and | ||||||
22 | factors considered, and the
vote of the Board on any such | ||||||
23 | decisions. Any parties who submitted materials in opposition to | ||||||
24 | parole shall be notified of the Board's decision and | ||||||
25 | immediately sent a copy of the written basis for the Board's | ||||||
26 | decision, as well as materials listed in subsection (f). If |
| |||||||
| |||||||
1 | parole is granted, victims, concerned citizens, and the State's | ||||||
2 | Attorney's Office shall be given the opportunity to suggest | ||||||
3 | conditions and the length of parole; these suggestions must be | ||||||
4 | submitted in writing within 7 business days after receipt of | ||||||
5 | the Board's decision. The registry shall be made available
for | ||||||
6 | public inspection and copying during business hours and shall | ||||||
7 | be a public
record pursuant to the provisions of the Freedom of | ||||||
8 | Information Act.
| ||||||
9 | (h) The Board shall promulgate rules regarding the exercise
| ||||||
10 | of its discretion under this Section.
| ||||||
11 | (i) The Board shall provide a rehearing procedure for the | ||||||
12 | victims, concerned citizens, and the State's Attorney's | ||||||
13 | Office, pursuant to the Rights of Crime Victims and Witnesses | ||||||
14 | Act, in accordance with that provided for the inmate under the | ||||||
15 | Illinois Administrative Code. The victims, concerned citizens, | ||||||
16 | or the State's Attorney's Office shall have 7 business days | ||||||
17 | after receipt of notice of the grant of parole to file a | ||||||
18 | request for rehearing. If a victim, concerned citizen, or the | ||||||
19 | State's Attorney's Office files a request for rehearing within | ||||||
20 | 7 business days after receipt of notice of the grant of parole, | ||||||
21 | the order of release of the inmate shall be stayed pending the | ||||||
22 | outcome of the rehearing.
| ||||||
23 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
24 | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| ||||||
25 | Sec. 3-3-8. Length of parole and mandatory supervised
|
| |||||||
| |||||||
1 | release; discharge.)
| ||||||
2 | (a) The length of parole
for a person sentenced under the | ||||||
3 | law in effect prior to
the effective date of this amendatory | ||||||
4 | Act of 1977 and the
length of mandatory supervised release for | ||||||
5 | those sentenced
under the law in effect on and after such | ||||||
6 | effective date
shall be as set out in Section 5-8-1 unless | ||||||
7 | sooner terminated
under paragraph (b) of this Section. The | ||||||
8 | parole period
of a juvenile committed to the Department under | ||||||
9 | the Juvenile
Court Act or the Juvenile Court Act of 1987 shall | ||||||
10 | extend until he is 21
years of age unless sooner terminated | ||||||
11 | under paragraph (b) of this Section.
| ||||||
12 | (b) The Prisoner Review Board may enter an order
releasing | ||||||
13 | and discharging one from parole or mandatory
supervised | ||||||
14 | release, and his commitment to the Department,
when it | ||||||
15 | determines that he is likely to remain at liberty
without | ||||||
16 | committing another offense , but only after giving notice to the | ||||||
17 | victim and the State's Attorney allowing a reasonable | ||||||
18 | opportunity to file objections to the proposed early release .
| ||||||
19 | (c) The order of discharge shall become effective upon | ||||||
20 | entry of the
order of the Board. The Board shall notify the | ||||||
21 | clerk of the committing
court of the order. Upon receipt of | ||||||
22 | such copy, the clerk shall make an
entry on the record judgment | ||||||
23 | that the sentence or commitment has been
satisfied pursuant to | ||||||
24 | the order.
| ||||||
25 | (d) Rights of the person discharged under this
Section | ||||||
26 | shall be restored under Section 5-5-5. This Section is subject |
| |||||||
| |||||||
1 | to
Section 5-750 of the Juvenile Court Act of 1987.
| ||||||
2 | (Source: P.A. 90-590, eff. 1-1-99.)".
|