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| | SB1470 Enrolled | | LRB097 07015 RLC 47108 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Unified Code of Corrections is amended by |
| 5 | | changing Section 3-3-5 as follows:
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| 6 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
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| 7 | | Sec. 3-3-5. Hearing and Determination.
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| 8 | | (a) The Prisoner
Review Board shall meet as often as need |
| 9 | | requires to consider
the cases of persons eligible for parole. |
| 10 | | Except as otherwise
provided in paragraph (2) of subsection (a) |
| 11 | | of Section 3-3-2
of this Act, the Prisoner Review Board may |
| 12 | | meet and
order its actions in panels of 3 or more members. The |
| 13 | | action
of a majority of the panel shall be the action of the |
| 14 | | Board.
In consideration of persons committed to the Department |
| 15 | | of Juvenile Justice,
the panel shall have at least a majority |
| 16 | | of members experienced
in juvenile matters.
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| 17 | | (b) If the person under consideration for parole is in the
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| 18 | | custody of the Department, at least one member of the Board
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| 19 | | shall interview him, and a report of that interview shall be
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| 20 | | available for the Board's consideration. However, in the
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| 21 | | discretion of the Board, the interview need not be conducted
if |
| 22 | | a psychiatric examination determines that the person could
not |
| 23 | | meaningfully contribute to the Board's consideration. The
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| 1 | | Board may in its discretion parole a person who is then outside
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| 2 | | the jurisdiction on his record without an interview. The Board
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| 3 | | need not hold a hearing or interview a person who is paroled
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| 4 | | under paragraphs (d) or (e) of this Section or released on
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| 5 | | Mandatory release under Section 3-3-10.
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| 6 | | (c) The Board shall not parole a person eligible for
parole |
| 7 | | if it determines that:
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| 8 | | (1) there is a substantial risk that he will not
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| 9 | | conform to reasonable conditions of parole; or
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| 10 | | (2) his release at that time would deprecate the
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| 11 | | seriousness of his offense or promote disrespect for the |
| 12 | | law; or
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| 13 | | (3) his release would have a substantially adverse
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| 14 | | effect on institutional discipline.
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| 15 | | (d) A person committed under the Juvenile Court Act
or the |
| 16 | | Juvenile Court Act of 1987
who has not been sooner released |
| 17 | | shall be paroled on or before
his 20th birthday to begin |
| 18 | | serving a period of parole under
Section 3-3-8.
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| 19 | | (e) A person who has served the maximum term of
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| 20 | | imprisonment imposed at the time of sentencing less time
credit |
| 21 | | for good behavior shall be released on parole to
serve a period |
| 22 | | of parole under Section 5-8-1.
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| 23 | | (f) The Board shall render its decision within a
reasonable |
| 24 | | time after hearing and shall state the basis
therefor both in |
| 25 | | the records of the Board and in written
notice to the person on |
| 26 | | whose application it has acted.
In its decision, the Board |
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| 1 | | shall set the person's time
for parole, or if it denies parole |
| 2 | | it shall provide for
a rehearing not less frequently than once |
| 3 | | every
year, except that the Board may,
after denying parole,
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| 4 | | schedule a rehearing no later than 5 3 years from the date of |
| 5 | | the parole
denial, if the Board finds that it is not reasonable |
| 6 | | to expect that parole
would be granted at a hearing prior to |
| 7 | | the scheduled rehearing date. If the
Board shall parole a |
| 8 | | person, and, if he is not released within 90 days from
the |
| 9 | | effective date of the order granting parole, the matter shall |
| 10 | | be
returned to the Board for review.
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| 11 | | (g) The Board shall maintain a registry of decisions in |
| 12 | | which parole
has been granted, which shall include the name and |
| 13 | | case number of the
prisoner, the highest charge for which the |
| 14 | | prisoner was sentenced, the
length of sentence imposed, the |
| 15 | | date of the sentence, the date of the
parole, and the basis for |
| 16 | | the decision of the Board to grant parole and the
vote of the |
| 17 | | Board on any such decisions. The registry shall be made |
| 18 | | available
for public inspection and copying during business |
| 19 | | hours and shall be a public
record pursuant to the provisions |
| 20 | | of the Freedom of Information Act.
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| 21 | | (h) The Board shall promulgate rules regarding the exercise
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| 22 | | of its discretion under this Section.
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| 23 | | (Source: P.A. 96-875, eff. 1-22-10.)
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