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| Public Act 097-0523 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Unified Code of Corrections is amended by | ||||
changing Section 3-3-4 as follows:
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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 | ||||
each eligible person committed to the Adult Division at
least | ||||
30 days prior to the date he shall first become
eligible for | ||||
parole, and shall consider the parole of each
person committed | ||||
to the Department of Juvenile Justice as a delinquent
at least | ||||
30 days prior to the expiration of the first year
of | ||||
confinement.
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(b) A person eligible for parole shall, no less than 15 | ||||
days in advance of
his parole interview, prepare a parole plan | ||||
in accordance
with the rules of the Prisoner Review Board. The | ||||
person
shall be assisted in preparing his parole plan by | ||||
personnel
of the Department of Corrections, or the Department | ||||
of Juvenile Justice in the case of a person committed to that | ||||
Department, and may, for this purpose, be released
on furlough | ||||
under Article 11 or on authorized absence under
Section 3-9-4. | ||||
The appropriate Department shall also provide
assistance in | ||||
obtaining information and records helpful to
the individual for | ||
his parole hearing. If the person eligible for parole has a | ||
petition or any written submissions prepared on his or her | ||
behalf by an attorney or other representative, the attorney or | ||
representative for the person eligible for parole must serve by | ||
certified mail the State's Attorney of the county where he or | ||
she was prosecuted with the petition or any written submissions | ||
15 days after his or her parole interview. The State's Attorney | ||
shall provide the attorney for the person eligible for parole | ||
with a copy of his or her letter in opposition to parole via | ||
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 | ||
character of any such person prior to his or her parole | ||
interview.
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(d) In making its determination of parole, the Board
shall | ||
consider:
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(1) material transmitted to the Department of Juvenile | ||
Justice by the
clerk of the committing court under Section | ||
5-4-1 or Section
5-10 of the Juvenile Court Act or Section | ||
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 | ||
facility;
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(4) a parole progress report;
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(5) a medical and psychological report, if requested
by | ||
the Board;
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(6) material in writing, or on film, video tape or | ||
other electronic
means in the form of a recording submitted | ||
by the person whose parole
is being considered; and
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(7) material in writing, or on film, video tape or | ||
other electronic
means in the form of a recording or | ||
testimony submitted by the State's
Attorney and the victim | ||
or a concerned citizen pursuant to the Rights of Crime | ||
Victims and Witnesses Act.
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(e) The prosecuting State's Attorney's office shall | ||
receive from the Board reasonable
written notice not less than | ||
30 days prior to the parole interview and may
submit relevant | ||
information by oral argument or testimony of victims and | ||
concerned citizens, or both, in writing, or on film, video tape | ||
or other
electronic means or in the form of a recording to the | ||
Board for its
consideration. Upon written request of the | ||
State's Attorney's office, the Prisoner Review Board shall hear | ||
protests to parole, except in counties of 1,500,000 or more | ||
inhabitants where there shall be standing objections to all | ||
such petitions. If a State's Attorney who represents a county | ||
of less than 1,500,000 inhabitants requests a protest hearing, | ||
the inmate's counsel or other representative shall also receive | ||
notice of such request.
This hearing shall take place the month | ||
following the inmate's parole interview. If the inmate's parole | ||
interview is rescheduled then the Prisoner Review Board shall | ||
promptly notify the State's Attorney of the new date. The | ||
person eligible for parole shall be heard at the next scheduled | ||
en banc hearing date. If the case is to be continued, the | ||
State's Attorney's office and the attorney or representative | ||
for the person eligible for parole will be notified of any | ||
continuance within 5 business days. The State's Attorney may | ||
waive the written notice.
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(f) The victim of the violent crime for which the prisoner | ||
has been
sentenced shall receive notice of a parole hearing as | ||
provided in paragraph
(4) of subsection (d) of Section 4.5 of | ||
the Rights of Crime Victims and Witnesses
Act.
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(g) Any recording considered under the provisions of | ||
subsection (d)(6),
(d)(7) or (e) of this Section shall be in | ||
the form designated by the Board.
Such recording shall be both | ||
visual and aural. Every voice on the
recording and person | ||
present shall be identified and the recording shall
contain | ||
either a visual or aural statement of the person submitting | ||
such
recording, the date of the recording and the name of the | ||
person whose
parole eligibility is being considered. Such | ||
recordings shall be retained by
the Board and shall be deemed | ||
to be submitted at any subsequent parole hearing
if the victim | ||
or State's Attorney submits in writing a declaration clearly
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identifying such recording as representing the present | ||
position of the
victim or State's Attorney regarding the issues | ||
to be considered at the parole
hearing.
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(h) The 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. | ||
(Source: P.A. 96-875, eff. 1-22-10.)
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