Full Text of HB0975 95th General Assembly
HB0975sam001 95TH GENERAL ASSEMBLY
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Sen. Kirk W. Dillard
Filed: 5/17/2007
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09500HB0975sam001 |
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LRB095 08201 RLC 36445 a |
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| AMENDMENT TO HOUSE BILL 975
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| 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:
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| "(725 ILCS 120/4.5)
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| 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:
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| (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.
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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, | 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;
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| (2) shall provide notice of the date, time, and place | 6 |
| of trial;
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| (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;
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| (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;
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| (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;
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| (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;
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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 | 2 |
| proceedings;
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| (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;
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| (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
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| (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
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| (11) shall request restitution at sentencing and shall | 26 |
| consider
restitution in any plea negotiation, as provided |
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| by law.
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| (c) At the written request of the crime victim, the office | 3 |
| of the State's
Attorney shall:
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| (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
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| 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;
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| (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;
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| (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;
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| (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;
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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 | 2 |
| petition to have a juvenile adjudicated
as a delinquent for | 3 |
| a violent crime;
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| (6) provide notice of any appeal taken by the defendant | 5 |
| and information
on how to contact the appropriate agency | 6 |
| handling the appeal;
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| (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
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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 | 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.
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| (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 |
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| 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.
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| (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.
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| (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
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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 | 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.
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| (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.
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| (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 |
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| 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. |
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| (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.
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| (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
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| supervised release.
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| (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 |
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| 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.
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| (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
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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 | 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
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| 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.
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| (Source: P.A. 93-235, eff. 7-22-03; 94-696, eff. 6-1-06 .)
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| Section 10. The Sexually Violent Persons Commitment Act is | 22 |
| amended by changing Section 5 as follows:
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| (725 ILCS 207/5)
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| Sec. 5. Definitions. As used in this Act, the term:
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| (a) "Department" means the Department of Human
Services.
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| (b) "Mental disorder" means a congenital or acquired
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| condition affecting the emotional or volitional capacity that
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| predisposes a person to engage in acts of sexual violence.
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| (c) "Secretary" means the Secretary of
Human Services.
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| (d) "Sexually motivated" means that one of the purposes for
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| an act is for the actor's sexual arousal or gratification.
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| (e) "Sexually violent offense" means any of the following:
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| (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
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| (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
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| (2) First degree murder, if it is determined by the | 16 |
| agency
with jurisdiction to have been sexually motivated; | 17 |
| or
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| (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
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| (3) Any solicitation, conspiracy or attempt to commit a
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| crime under paragraph (e)(1) or (e)(2) of this Section.
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| (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.
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| (Source: P.A. 94-746, eff. 5-8-06.)"; and
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| 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:
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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 | 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 |
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| steps as may be necessary to effect an orderly transition and | 2 |
| shall:
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| (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;
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| (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 |
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| effect after the effective date of this
amendatory Act of | 2 |
| 1977;
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| (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 |
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| 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 |
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| 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.
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LRB095 08201 RLC 36445 a |
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| (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
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| 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.
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| 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 |
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| 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.
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| 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.
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| (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.
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| (h) The Prisoner Review Board shall annually transmit to |
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LRB095 08201 RLC 36445 a |
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| 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)
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| 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
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LRB095 08201 RLC 36445 a |
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| reasonable times to any committed person and to his master
| 2 |
| record file within the Department, and the Department shall
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| furnish such reports to the Board as the Board may require
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| concerning the conduct and character of any such person.
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| (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
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| chief administrative officer of the institution or | 14 |
| facility;
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| (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 |
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LRB095 08201 RLC 36445 a |
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| 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 |
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LRB095 08201 RLC 36445 a |
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| 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 .
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| (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.
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LRB095 08201 RLC 36445 a |
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| (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
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| Mandatory release under Section 3-3-10.
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| (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.
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LRB095 08201 RLC 36445 a |
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| (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.
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| (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 |
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| 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 |
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| 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
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| release; discharge.)
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| (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 |
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LRB095 08201 RLC 36445 a |
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| to
Section 5-750 of the Juvenile Court Act of 1987.
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| (Source: P.A. 90-590, eff. 1-1-99.)".
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