Full Text of HB5060 96th General Assembly
HB5060 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5060
Introduced 1/25/2010, by Rep. Cynthia Soto SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-3-2 |
from Ch. 38, par. 1003-3-2 |
730 ILCS 5/3-3-4 |
from Ch. 38, par. 1003-3-4 |
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Amends the Unified Code of Corrections. Provides that the Prisoner Review Board or one who has allegedly violated the conditions of
his or her parole or mandatory supervised release may require by subpoena the production of physical evidence, electronic evidence, computer files, DVD's, audio or tape recordings, or any other evidence relating to any matter under investigation or hearing. Provides that the Prisoner Review Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person containing any information from the victim or from a person related to the victim by blood, adoption, or marriage who has written objections, testified at any hearing, or submitted audio or visual objections to the inmate's parole, unless provided with a waiver from that objecting party. Effective immediately.
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A BILL FOR
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HB5060 |
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LRB096 16568 RLC 31841 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-3-2 and 3-3-4 as follows:
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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 | 9 |
| "Parole and
Pardon Board" as used in any law of Illinois, shall | 10 |
| read "Prisoner Review
Board." After the effective date of this | 11 |
| amendatory Act of 1977, the
Prisoner Review Board shall provide | 12 |
| by rule for the orderly transition of
all files, records, and | 13 |
| documents of the Parole and Pardon Board and for
such other | 14 |
| steps as may be necessary to effect an orderly transition and | 15 |
| shall:
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| (1) hear by at least one member and through a panel of | 17 |
| at least 3 members
decide, cases of prisoners
who were | 18 |
| sentenced under the law in effect prior to the effective
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| date of this amendatory Act of 1977, and who are eligible | 20 |
| for parole;
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| (2) hear by at least one member and through a panel of | 22 |
| at least 3 members decide, the conditions of
parole and the | 23 |
| time of discharge from parole, impose sanctions for
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LRB096 16568 RLC 31841 b |
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| violations of parole, and revoke
parole for those sentenced | 2 |
| under the law in effect prior to this amendatory
Act of | 3 |
| 1977; provided that the decision to parole and the | 4 |
| conditions of
parole for all prisoners who were sentenced | 5 |
| for first degree murder or who
received a minimum sentence | 6 |
| of 20 years or more under the law in effect
prior to | 7 |
| February 1, 1978 shall be determined by a majority vote of | 8 |
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Prisoner Review Board. One representative supporting | 9 |
| parole and one representative opposing parole will be | 10 |
| allowed to speak. Their comments shall be limited to making | 11 |
| corrections and filling in omissions to the Board's | 12 |
| presentation and discussion;
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| (3) hear by at least one member and through a panel of | 14 |
| at least 3 members decide, the conditions
of mandatory | 15 |
| supervised release and the time of discharge from mandatory
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| supervised release, impose sanctions for violations of | 17 |
| mandatory
supervised release, and revoke mandatory | 18 |
| supervised release for those
sentenced under the law in | 19 |
| effect after the effective date of this
amendatory Act of | 20 |
| 1977;
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| (3.5) hear by at least one member and through a panel | 22 |
| of at least 3 members decide, the conditions of mandatory | 23 |
| supervised release and the time of discharge from mandatory | 24 |
| supervised release, to impose sanctions for violations of | 25 |
| mandatory supervised release and revoke mandatory | 26 |
| supervised release for those serving extended supervised |
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LRB096 16568 RLC 31841 b |
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| release terms pursuant to paragraph (4) of subsection (d) | 2 |
| of Section 5-8-1;
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| (4) hear by at least 1 member and through a panel of at | 4 |
| least 3
members,
decide cases brought by the Department of | 5 |
| Corrections against a prisoner in
the custody of the | 6 |
| Department for alleged violation of Department rules
with | 7 |
| respect to good conduct credits pursuant to Section 3-6-3 | 8 |
| of this Code
in which the Department seeks to revoke good | 9 |
| conduct credits, if the amount
of time at issue exceeds 30 | 10 |
| days or when, during any 12 month period, the
cumulative | 11 |
| amount of credit revoked exceeds 30 days except where the
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| infraction is committed or discovered within 60 days of | 13 |
| scheduled release.
In such cases, the Department of | 14 |
| Corrections may revoke up to 30 days of
good conduct | 15 |
| credit. The Board may subsequently approve the revocation | 16 |
| of
additional good conduct credit, if the Department seeks | 17 |
| to revoke good
conduct credit in excess of thirty days. | 18 |
| However, the Board shall not be
empowered to review the | 19 |
| Department's decision with respect to the loss of
30 days | 20 |
| of good conduct credit for any prisoner or to increase any | 21 |
| penalty
beyond the length requested by the Department;
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| (5) hear by at least one member and through a panel of | 23 |
| at least 3
members decide, the
release dates for certain | 24 |
| prisoners sentenced under the law in existence
prior to the | 25 |
| effective date of this amendatory Act of 1977, in
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| accordance with Section 3-3-2.1 of this Code;
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LRB096 16568 RLC 31841 b |
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| (6) hear by at least one member and through a panel of | 2 |
| at least 3 members
decide, all requests for pardon, | 3 |
| reprieve or commutation, and make confidential
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| recommendations to the Governor;
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| (7) comply with the requirements of the Open Parole | 6 |
| Hearings Act;
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| (8) hear by at least one member and, through a panel of | 8 |
| at least 3
members, decide cases brought by the Department | 9 |
| of Corrections against a
prisoner in the custody of the | 10 |
| Department for court dismissal of a frivolous
lawsuit | 11 |
| pursuant to Section 3-6-3(d) of this Code in which the | 12 |
| Department seeks
to revoke up to 180 days of good conduct | 13 |
| credit, and if the prisoner has not
accumulated 180 days of | 14 |
| good conduct credit at the time of the dismissal, then
all | 15 |
| good conduct credit accumulated by the prisoner shall be | 16 |
| revoked;
and
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| (9) hear by at least 3 members, and, through a panel of | 18 |
| at least 3
members, decide whether to grant certificates of | 19 |
| relief from
disabilities or certificates of good conduct as | 20 |
| provided in Article 5.5 of
Chapter V.
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| (a-5) The Prisoner Review Board, with the cooperation of | 22 |
| and in
coordination with the Department of Corrections and the | 23 |
| Department of Central
Management Services, shall implement a | 24 |
| pilot project in 3 correctional
institutions providing for the | 25 |
| conduct of hearings under paragraphs (1) and
(4)
of subsection | 26 |
| (a) of this Section through interactive video conferences.
The
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LRB096 16568 RLC 31841 b |
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| project shall be implemented within 6 months after the | 2 |
| effective date of this
amendatory Act of 1996. Within 6 months | 3 |
| after the implementation of the pilot
project, the Prisoner | 4 |
| Review Board, with the cooperation of and in coordination
with | 5 |
| the Department of Corrections and the Department of Central | 6 |
| Management
Services, shall report to the Governor and the | 7 |
| General Assembly regarding the
use, costs, effectiveness, and | 8 |
| future viability of interactive video
conferences for Prisoner | 9 |
| Review Board hearings.
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| (b) Upon recommendation of the Department the Board may | 11 |
| restore good
conduct credit previously revoked.
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| (c) The Board shall cooperate with the Department in | 13 |
| promoting an
effective system of parole and mandatory | 14 |
| supervised release.
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| (d) The Board shall promulgate rules for the conduct of its | 16 |
| work,
and the Chairman shall file a copy of such rules and any | 17 |
| amendments
thereto with the Director and with the Secretary of | 18 |
| State.
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| (e) The Board shall keep records of all of its official | 20 |
| actions and
shall make them accessible in accordance with law | 21 |
| and the rules of the
Board.
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| (f) The Board or one who has allegedly violated the | 23 |
| conditions of
his parole or mandatory supervised release may | 24 |
| require by subpoena the
attendance and testimony of witnesses | 25 |
| and the production of documentary
evidence , physical evidence, | 26 |
| electronic evidence, computer files, DVD's, audio or tape |
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LRB096 16568 RLC 31841 b |
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| recordings, or any other evidence relating to any matter under | 2 |
| investigation or hearing. The
Chairman of the Board may sign | 3 |
| subpoenas which shall be served by any
agent or public official | 4 |
| authorized by the Chairman of the Board, or by
any person | 5 |
| lawfully authorized to serve a subpoena under the laws of the
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| State of Illinois. The attendance of witnesses, and the | 7 |
| production of
documentary evidence, physical evidence, | 8 |
| electronic evidence, computer files, DVD's, audio or tape | 9 |
| recordings, or any other evidence may be required from any | 10 |
| place in the State to a
hearing location in the State before | 11 |
| the Chairman of the Board or his
designated agent or agents or | 12 |
| any duly constituted Committee or
Subcommittee of the Board. | 13 |
| Witnesses so summoned shall be paid the same
fees and mileage | 14 |
| that are paid witnesses in the circuit courts of the
State, and | 15 |
| witnesses whose depositions are taken and the persons taking
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| those depositions are each entitled to the same fees as are | 17 |
| paid for
like services in actions in the circuit courts of the | 18 |
| State. Fees and
mileage shall be vouchered for payment when the | 19 |
| witness is discharged
from further attendance.
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| In case of disobedience to a subpoena, the Board may | 21 |
| petition any
circuit court of the State for an order requiring | 22 |
| the attendance and
testimony of witnesses or the production of | 23 |
| documentary evidence , physical evidence, electronic evidence, | 24 |
| computer files, DVD's, audio or tape recordings, or any other | 25 |
| evidence or
both . A copy of such petition shall be served by | 26 |
| personal service or by
registered or certified mail upon the |
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LRB096 16568 RLC 31841 b |
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| person who has failed to obey the
subpoena, and such person | 2 |
| shall be advised in writing that a hearing
upon the petition | 3 |
| will be requested in a court room to be designated in
such | 4 |
| notice before the judge hearing motions or extraordinary | 5 |
| remedies
at a specified time, on a specified date, not less | 6 |
| than 10 nor more than
15 days after the deposit of the copy of | 7 |
| the written notice and petition
in the U.S. mails addressed to | 8 |
| the person at his last known address or
after the personal | 9 |
| service of the copy of the notice and petition upon
such | 10 |
| person. The court upon the filing of such a petition, may order | 11 |
| the
person refusing to obey the subpoena to appear at an | 12 |
| investigation or
hearing, or to there produce documentary | 13 |
| evidence, or any evidence requested if so ordered, or to
give | 14 |
| evidence relative to the subject matter of that investigation | 15 |
| or
hearing. Any failure to obey such order of the circuit court | 16 |
| may be
punished by that court as a contempt of court.
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| Each member of the Board and any hearing officer designated | 18 |
| by the
Board shall have the power to administer oaths and to | 19 |
| take the testimony
of persons under oath.
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| (g) Except under subsection (a) of this Section, a majority | 21 |
| of the
members then appointed to the Prisoner Review Board | 22 |
| shall constitute a
quorum for the transaction of all business | 23 |
| of the Board.
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| (h) The Prisoner Review Board shall annually transmit to | 25 |
| the
Director a detailed report of its work for the preceding | 26 |
| calendar year.
The annual report shall also be transmitted to |
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HB5060 |
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LRB096 16568 RLC 31841 b |
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| the Governor for
submission to the Legislature.
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| (Source: P.A. 96-875, eff. 1-22-10.)
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| (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.
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| (a) The Prisoner Review Board shall consider the parole
of | 6 |
| each eligible person committed to the Adult Division at
least | 7 |
| 30 days prior to the date he shall first become
eligible for | 8 |
| parole, and shall consider the parole of each
person committed | 9 |
| to the Department of Juvenile Justice as a delinquent
at least | 10 |
| 30 days prior to the expiration of the first year
of | 11 |
| confinement.
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| (b) A person eligible for parole shall, no less than 15 | 13 |
| days in advance of
his parole interview, prepare a parole plan | 14 |
| in accordance
with the rules of the Prisoner Review Board. The | 15 |
| person
shall be assisted in preparing his parole plan by | 16 |
| personnel
of the Department of Corrections, or the Department | 17 |
| of Juvenile Justice in the case of a person committed to that | 18 |
| Department, and may, for this purpose, be released
on furlough | 19 |
| under Article 11 or on authorized absence under
Section 3-9-4. | 20 |
| The appropriate Department shall also provide
assistance in | 21 |
| obtaining information and records helpful to
the individual for | 22 |
| his parole hearing. If the person eligible for parole has a | 23 |
| petition or any written submissions prepared on his or her | 24 |
| behalf by an attorney or other representative, the attorney or | 25 |
| representative for the person eligible for parole must serve by |
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LRB096 16568 RLC 31841 b |
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| certified mail the State's Attorney of the county where he or | 2 |
| she was prosecuted with the petition or any written submissions | 3 |
| 15 days after his or her parole interview. The State's Attorney | 4 |
| shall provide the attorney for the person eligible for parole | 5 |
| with a copy of his or her letter in opposition to parole via | 6 |
| certified mail within 5 business days of the en banc hearing.
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| (c) Any member of the Board shall have access at all
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| reasonable times to any committed person and to his master
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| record file within the Department, and the Department shall
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| furnish such a report to the Board
concerning the conduct and | 11 |
| character of any such person prior to his or her parole | 12 |
| interview.
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| (d) In making its determination of parole, the Board
shall | 14 |
| consider:
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| (1) material transmitted to the Department of Juvenile | 16 |
| Justice by the
clerk of the committing court under Section | 17 |
| 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | 18 |
| 5-750 of the Juvenile
Court Act of 1987;
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| (2) the report under Section 3-8-2 or 3-10-2;
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| (3) a report by the Department and any report by the
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| chief administrative officer of the institution or | 22 |
| facility;
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| (4) a parole progress report;
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| (5) a medical and psychological report, if requested
by | 25 |
| the Board;
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| (6) material in writing, or on film, video tape or |
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LRB096 16568 RLC 31841 b |
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| other electronic
means in the form of a recording submitted | 2 |
| by the person whose parole
is being considered; and
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| (7) material in writing, or on film, video tape or | 4 |
| other electronic
means in the form of a recording or | 5 |
| testimony submitted by the State's
Attorney and the victim | 6 |
| or a concerned citizen pursuant to the Rights of Crime | 7 |
| Victims and Witnesses Act.
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| (e) The prosecuting State's Attorney's office shall | 9 |
| receive from the Board reasonable
written notice not less than | 10 |
| 30 days prior to the parole interview and may
submit relevant | 11 |
| information by oral argument or testimony of victims and | 12 |
| concerned citizens, or both, in writing, or on film, video tape | 13 |
| or other
electronic means or in the form of a recording to the | 14 |
| Board for its
consideration. Upon written request of the | 15 |
| State's Attorney's office, the Prisoner Review Board shall hear | 16 |
| protests to parole, except in counties of 1,500,000 or more | 17 |
| inhabitants where there shall be standing objections to all | 18 |
| such petitions. If a State's Attorney who represents a county | 19 |
| of less than 1,500,000 inhabitants requests a protest hearing, | 20 |
| the inmate's counsel or other representative shall also receive | 21 |
| notice of such request.
This hearing shall take place the month | 22 |
| following the inmate's parole interview. If the inmate's parole | 23 |
| interview is rescheduled then the Prisoner Review Board shall | 24 |
| promptly notify the State's Attorney of the new date. The | 25 |
| person eligible for parole shall be heard at the next scheduled | 26 |
| en banc hearing date. If the case is to be continued, the |
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LRB096 16568 RLC 31841 b |
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| State's Attorney's office and the attorney or representative | 2 |
| for the person eligible for parole will be notified of any | 3 |
| continuance within 5 business days. The State's Attorney may | 4 |
| waive the written notice.
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| (f) The victim of the violent crime for which the prisoner | 6 |
| has been
sentenced shall receive notice of a parole hearing as | 7 |
| provided in paragraph
(4) of subsection (d) of Section 4.5 of | 8 |
| the Rights of Crime Victims and Witnesses
Act.
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| (g) Any recording considered under the provisions of | 10 |
| subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 11 |
| the form designated by the Board.
Such recording shall be both | 12 |
| visual and aural. Every voice on the
recording and person | 13 |
| present shall be identified and the recording shall
contain | 14 |
| either a visual or aural statement of the person submitting | 15 |
| such
recording, the date of the recording and the name of the | 16 |
| person whose
parole eligibility is being considered. Such | 17 |
| recordings shall be retained by
the Board and shall be deemed | 18 |
| to be submitted at any subsequent parole hearing
if the victim | 19 |
| or State's Attorney submits in writing a declaration clearly
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| identifying such recording as representing the present | 21 |
| position of the
victim or State's Attorney regarding the issues | 22 |
| to be considered at the parole
hearing.
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| (h) The Board shall not release any material to the inmate, | 24 |
| the inmate's attorney, any third party, or any other person | 25 |
| containing any information from the victim or from a person | 26 |
| related to the victim by blood, adoption, or marriage who has |
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HB5060 |
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LRB096 16568 RLC 31841 b |
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| written objections, testified at any hearing, or submitted | 2 |
| audio or visual objections to the inmate's parole, unless | 3 |
| provided with a waiver from that objecting party. | 4 |
| (Source: P.A. 96-875, eff. 1-22-10.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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