Illinois Compiled Statutes
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730 ILCS 5/3-3-5
(730 ILCS 5/3-3-5)
(from Ch. 38, par. 1003-3-5)
Hearing and determination.
(a) The Prisoner
Review Board shall meet as often as need requires to consider
the cases of persons eligible for parole. Except as otherwise
provided in paragraph (2) of subsection (a) of Section 3-3-2
of this Act, the Prisoner Review Board may meet and
order its actions in panels of 3 or more members. The action
of a majority of the panel shall be the action of the Board.
(b) If the person under consideration for parole is in the
custody of the Department, at least one member of the Board
shall interview him or her, and a report of that interview shall be
available for the Board's consideration. However, in the
discretion of the Board, the interview need not be conducted
if a psychiatric examination determines that the person could
not meaningfully contribute to the Board's consideration. The
Board may in its discretion parole a person who is then outside
the jurisdiction on his or her record without an interview. The Board
need not hold a hearing or interview a person who is paroled
under paragraphs (d) or (e) of this Section or released on
Mandatory release under Section 3-3-10.
(c) The Board shall not parole a person eligible for
parole if it determines that:
(1) there is a substantial risk that he or she will
not conform to reasonable conditions of parole or aftercare release; or
(2) his or her release at that time would deprecate
the seriousness of his or her offense or promote disrespect for the law; or
(3) his or her release would have a substantially
adverse effect on institutional discipline.
(e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time
credit for good behavior shall be released on parole to
serve a period of parole under Section 5-8-1.
(f) The Board shall render its decision within a
reasonable time after hearing and shall state the basis
therefor both in the records of the Board and in written
notice to the person on whose application it has acted.
In its decision, the Board shall set the person's time
for parole, or if it denies parole it shall provide for
a rehearing not less frequently than once every
year, except that the Board may,
after denying parole,
schedule a rehearing no later than 5 years from the date of the parole
denial, if the Board finds that it is not reasonable to expect that parole
would be granted at a hearing prior to the scheduled rehearing date. If the
Board shall parole a person, and, if he or she is not released within 90 days from
the effective date of the order granting parole, the matter shall be
returned to the Board for review.
(f-1) If the Board paroles a person who is eligible for commitment as a sexually violent person, the effective date of the Board's order shall be stayed for 90 days for the purpose of evaluation and proceedings under the Sexually Violent Persons Commitment Act.
(g) The Board shall maintain a registry of decisions in which parole
has been granted, which shall include the name and case number of the
prisoner, the highest charge for which the prisoner was sentenced, the
length of sentence imposed, the date of the sentence, the date of the
parole, and the basis for the decision of the Board to grant parole and the
vote of the Board on any such decisions. The registry shall be made available
for public inspection and copying during business hours and shall be a public
record pursuant to the provisions of the Freedom of Information Act.
(h) The Board shall promulgate rules regarding the exercise
of its discretion under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, eff. 1-1-17