Judiciary II - Criminal Law Committee
Filed: 3/13/2008
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1 | AMENDMENT TO HOUSE BILL 5908
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2 | AMENDMENT NO. ______. Amend House Bill 5908 on page 7, by | ||||||
3 | replacing line 11 with the following:
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4 | "7 days after the prisoner has been granted parole"; and | ||||||
5 | on page 7, by replacing lines 16 through 18 with the following: | ||||||
6 | "Parole Hearings Act. When the victim, concerned citizens, or | ||||||
7 | the State's Attorney has opposed parole for an inmate sentenced | ||||||
8 | before February 1, 1978, the additional provisions in | ||||||
9 | paragraphs (5.1) through (5.4) apply. "; and | ||||||
10 | by replacing lines 12 through 26 on page 8 and lines 1 through | ||||||
11 | 9 on page 9 with the following: | ||||||
12 | " (5.2) If the Prisoner Review Board makes a preliminary | ||||||
13 | determination that parole may be allowed to an inmate sentenced | ||||||
14 | before February 1, 1978, the victims, concerned citizens, and | ||||||
15 | the State's Attorney shall be notified and advised within 3 | ||||||
16 | days thereafter of their right to address the full Prisoner |
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1 | Review Board with any opposition to parole at a hearing which | ||||||
2 | shall be held no sooner than 28 days after the preliminary | ||||||
3 | determination. The notice shall include the date, time, and | ||||||
4 | location of the hearing at which they may voice their | ||||||
5 | opposition to parole. These objections to parole may be made in | ||||||
6 | person, in writing, on film, videotape, or other electronic | ||||||
7 | means or in the form of a recording. | ||||||
8 | (5.3) At this hearing, the victims, concerned citizens, and | ||||||
9 | the State's Attorney may also suggest and request certain | ||||||
10 | conditions of parole. A written request may also be made | ||||||
11 | through the State's Attorney's Office or directly to the | ||||||
12 | Prisoner Review Board. | ||||||
13 | (5.4) Subsequent to this hearing, if the Board grants the | ||||||
14 | inmate parole, all registered victims, concerned citizens, and | ||||||
15 | the State's Attorney shall be notified. The actual release of | ||||||
16 | the inmate shall not take place until these notifications are | ||||||
17 | made. A copy of the parole order including all conditions and | ||||||
18 | terms of parole shall be served upon all victims, concerned | ||||||
19 | citizens, and the State's Attorney within 7 days of the Board's | ||||||
20 | order granting the inmate parole. "; and
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21 | on page 11, by replacing lines 12 through 21 with the | ||||||
22 | following: | ||||||
23 | "or"; and
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24 | on page 12, by replacing lines 18 through 19 with the |
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1 | following:
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2 | "(1) hear by at least one member and through a panel of | ||||||
3 | at least 3 members decide, cases of prisoners"; and | ||||||
4 | on page 13, by replacing lines 9 through 11 with the following:
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5 | "the Prisoner Review Board after all members have heard | ||||||
6 | presentations in support of and, if the parole is opposed, in | ||||||
7 | objection to the parole request ;"; and
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8 | on page 20, line 11, by replacing " and " with "and"; and | ||||||
9 | on page 20, by replacing lines 16 through 18 with the | ||||||
10 | following: | ||||||
11 | "Victims and Witnesses Act."; and | ||||||
12 | on page 20, by replacing line 20 with the following:
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13 | "receive reasonable written notice not less than 60 15 days"; | ||||||
14 | and
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15 | on page 21, by replacing lines 19 through 23 with the | ||||||
16 | following: | ||||||
17 | "to be considered at the parole hearing."; and
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18 | on page 22, by replacing line 18 with the following:
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19 | "custody of the Department, at least one member of the"; and
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1 | on page 23, by replacing lines 4 through 17 with the following:
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2 | " (b-1) If the Prisoner Review Board makes a preliminary | ||||||
3 | determination that parole may be allowed to an inmate sentenced | ||||||
4 | before February 1, 1978, the full Prisoner Review Board shall | ||||||
5 | listen to opposition presented by the victims, concerned | ||||||
6 | citizens, or State's Attorney at a subsequent hearing. If the | ||||||
7 | inmate is granted parole, the victims, concerned citizens, and | ||||||
8 | the State's Attorney shall be notified. A copy of the parole | ||||||
9 | order including all conditions and terms of parole shall be | ||||||
10 | served upon all victims, concerned citizens and the State's | ||||||
11 | Attorney within 7 days of the Board's order granting the inmate | ||||||
12 | parole. "; and
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13 | on page 24, by replacing lines 12 through 18 with the | ||||||
14 | following:
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15 | "whose application it has acted. The Prisoner Review Board | ||||||
16 | shall also give written notice of its decision to the parties | ||||||
17 | opposing parole including a copy of the parole order and | ||||||
18 | conditions of parole. "; and
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19 | on page 24, by replacing line 24 with the following:
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20 | "schedule a rehearing no later than 5 3 years from the date of | ||||||
21 | the"; and | ||||||
22 | on page 25, by replacing lines 9 through 22 with the following:
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23 | "date of the sentence, the date of the parole, and the basis |
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1 | for the decision of the Board to grant parole and the vote of | ||||||
2 | the Board on any such decisions. The registry shall be made | ||||||
3 | available for"; and
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4 | on page 26, by deleting lines 2 through 13.
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