Bill Text: IL SB0288 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Rights of Crime Victims and Witnesses Act. Provides that the victim of the crime for which the prisoner has been sentenced shall receive reasonable written notice not less than 30 (rather than 15) days prior to the parole hearing. Provides that if a victim or concerned citizen has registered an objection to parole of an inmate, the victim or concerned citizen may receive a copy of the most recent written submissions that the inmate filed in requesting parole. Amends the Unified Code of Corrections. Changes procedures relating to parole hearings. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 3-9(a) / Re-referred to Assignments [SB0288 Detail]

Download: Illinois-2009-SB0288-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB0288 Introduced 2/6/2009, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
725 ILCS 120/3 from Ch. 38, par. 1403
725 ILCS 120/4.5
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
730 ILCS 5/3-3-5 from Ch. 38, par. 1003-3-5
730 ILCS 5/3-5-1 from Ch. 38, par. 1003-5-1
Amends the Rights of Crime Victims and Witnesses Act. Provides that the victim of the crime for which the prisoner has been sentenced shall receive reasonable written notice not less than 30 (rather than 15) days prior to the parole hearing. Provides that if a victim or concerned citizen has registered an objection to parole of an inmate, the victim or concerned citizen may receive a copy of the most recent written submissions that the inmate filed in requesting parole. Amends the Unified Code of Corrections. Changes procedures relating to parole hearings. Effective immediately.
LRB096 08337 RLC 18446 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB0288 LRB096 08337 RLC 18446 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Rights of Crime Victims and Witnesses Act is
amended by changing Sections 3 and 4.5 as follows:
(725 ILCS 120/3) (from Ch. 38, par. 1403)
Sec. 3. The terms used in this Act, unless the context
clearly requires otherwise, shall have the following meanings:
(a) "Crime victim" and "victim" mean means (1) a person
physically injured in this State as a result of a violent crime
perpetrated or attempted against that person or (2) a person
who suffers injury to or loss of property as a result of a
violent crime perpetrated or attempted against that person or
(3) a single representative who may be the spouse, parent,
child or sibling of a person killed as a result of a violent
crime perpetrated against the person killed or the spouse,
parent, child or sibling of any person granted rights under
this Act who is physically or mentally incapable of exercising
such rights, except where the spouse, parent, child or sibling
is also the defendant or prisoner or (4) any person against
whom a violent crime has been committed or (5) any person who
has suffered personal injury as a result of a violation of
Section 11-501 of the Illinois Vehicle Code, or of a similar

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provision of a local ordinance, or of Section 9-3 of the
Criminal Code of 1961, as amended or (6) in proceedings under
the Juvenile Court Act of 1987, both parents, legal guardians,
foster parents, or a single adult representative of a minor or
disabled person who is a crime victim.
(b) "Witness" means any person who personally observed the
commission of a violent crime and who will testify on behalf of
the State of Illinois in the criminal prosecution of the
violent crime.
(c) "Violent Crime" means any felony in which force or
threat of force was used against the victim, or any offense
involving sexual exploitation, sexual conduct or sexual
penetration, domestic battery, violation of an order of
protection, stalking, or any misdemeanor which results in death
or great bodily harm to the victim or any violation of Section
9-3 of the Criminal Code of 1961, or Section 11-501 of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, if the violation resulted in personal injury or
death, and includes any action committed by a juvenile that
would be a violent crime if committed by an adult. For the
purposes of this paragraph, "personal injury" shall include any
Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or medical
facility. A type A injury shall include severely bleeding
wounds, distorted extremities, and injuries that require the

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injured party to be carried from the scene.
(d) "Sentencing Hearing" means any hearing where a sentence
is imposed by the court on a convicted defendant and includes
hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
and 5-7-7 of the Unified Code of Corrections except those cases
in which both parties have agreed to the imposition of a
specific sentence.
(e) "Court proceedings" includes the preliminary hearing,
any hearing the effect of which may be the release of the
defendant from custody or to alter the conditions of bond, the
trial, sentencing hearing, notice of appeal, any modification
of sentence, probation revocation hearings or parole hearings.
(f) "Concerned citizen" includes relatives of the victim,
friends of the victim, witnesses to the crime, or any other
person associated with the victim or prisoner.
(Source: P.A. 94-271, eff. 1-1-06; 95-591, eff. 6-1-08; 95-876,
eff. 8-21-08.)
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges and corrections will provide information,
as appropriate of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney

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determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of information,
the return of an indictment by which a prosecution for any
violent crime is commenced, or the filing of a petition to
adjudicate a minor as a delinquent for a violent crime;
(2) shall provide notice of the date, time, and place
of trial;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(4) shall assist in having any stolen or other personal
property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide information whenever possible, of a

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secure waiting area during court proceedings that does not
require victims to be in close proximity to defendant or
juveniles accused of a violent crime, and their families
and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court proceedings
and, in compliance with the federal Americans with
Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) in the case of the death of a person, which death
occurred in the same transaction or occurrence in which
acts occurred for which a defendant is charged with an
offense, shall notify the spouse, parent, child or sibling
of the decedent of the date of the trial of the person or
persons allegedly responsible for the death;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence, an advocate or other support person of the
victim's choice, and the right to retain an attorney, at
the victim's own expense, who, upon written notice filed
with the clerk of the court and State's Attorney, is to
receive copies of all notices, motions and court orders
filed thereafter in the case, in the same manner as if the
victim were a named party in the case;
(10) at the sentencing hearing shall make a good faith

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attempt to explain the minimum amount of time during which
the defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board information concerning the release of the
defendant under subparagraph (d)(1) of this Section;
(11) shall request restitution at sentencing and shall
consider restitution in any plea negotiation, as provided
by law; and
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section.
(c) At the written request of the crime victim, the office
of the State's Attorney shall:
(1) provide notice a reasonable time in advance of the
following court proceedings: preliminary hearing, any
hearing the effect of which may be the release of defendant
from custody, or to alter the conditions of bond and the
sentencing hearing. The crime victim shall also be notified
of the cancellation of the court proceeding in sufficient
time, wherever possible, to prevent an unnecessary
appearance in court;
(2) provide notice within a reasonable time after
receipt of notice from the custodian, of the release of the

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defendant on bail or personal recognizance or the release
from detention of a minor who has been detained for a
violent crime;
(3) explain in nontechnical language the details of any
plea or verdict of a defendant, or any adjudication of a
juvenile as a delinquent for a violent crime;
(4) where practical, consult with the crime victim
before the Office of the State's Attorney makes an offer of
a plea bargain to the defendant or enters into negotiations
with the defendant concerning a possible plea agreement,
and shall consider the written victim impact statement, if
prepared prior to entering into a plea agreement;
(5) provide notice of the ultimate disposition of the
cases arising from an indictment or an information, or a
petition to have a juvenile adjudicated as a delinquent for
a violent crime;
(6) provide notice of any appeal taken by the defendant
and information on how to contact the appropriate agency
handling the appeal;
(7) provide notice of any request for post-conviction
review filed by the defendant under Article 122 of the Code
of Criminal Procedure of 1963, and of the date, time and
place of any hearing concerning the petition. Whenever
possible, notice of the hearing shall be given in advance;
(8) forward a copy of any statement presented under
Section 6 to the Prisoner Review Board to be considered by

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the Board in making its determination under subsection (b)
of Section 3-3-8 of the Unified Code of Corrections.
(d) (1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a violent crime
from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
Prisoner Review Board, upon written request, shall provide to a
victim or any other concerned citizen a recent photograph of
any person convicted of a felony, upon his or her release from
custody. The Prisoner Review Board, upon written request, shall
inform a victim or any other concerned citizen when feasible at
least 7 days prior to the prisoner's release on furlough of the
times and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's Attorney
shall notify the person once of the times and dates of release
of a prisoner sentenced to periodic imprisonment. Notification
shall be based on the most recent information as to victim's or
other concerned citizen's residence or other location
available to the notifying authority. For purposes of this
paragraph (1) of subsection (d), "concerned citizen" includes
relatives of the victim, friends of the victim, witnesses to
the crime, or any other person associated with the victim or

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prisoner.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections, the
victim may request to be notified by the releasing
authority of the defendant's furloughs, temporary release,
or final discharge from State custody. The Department of
Human Services shall establish and maintain a statewide
telephone number to be used by victims to make notification
requests under these provisions, and shall publicize this
telephone number on its website and to the State's Attorney
of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile
Justice immediately shall notify the Prisoner Review Board
of the escape and the Prisoner Review Board shall notify
the victim. The notification shall be based upon the most
recent information as to the victim's residence or other
location available to the Board. When no such information
is available, the Board shall make all reasonable efforts
to obtain the information and make the notification. When
the escapee is apprehended, the Department of Corrections
or the Department of Juvenile Justice immediately shall
notify the Prisoner Review Board and the Board shall notify
the victim.
(4) The victim of the crime for which the prisoner has

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been sentenced shall receive reasonable written notice not
less than 30 15 days prior to the parole hearing and may
submit, in writing, on film, videotape or other electronic
means or in the form of a recording or in person at the
parole hearing or if a victim of a violent crime, by
calling the toll-free number established in subsection (f)
of this Section, information for consideration by the
Prisoner Review Board. The victim shall be notified within
7 days after the prisoner has been granted parole and shall
be informed of the right to inspect the registry of parole
decisions, established under subsection (g) of Section
3-3-5 of the Unified Code of Corrections. The provisions of
this paragraph (4) are subject to the Open Parole Hearings
Act. When the victim, concerned citizens, or the State's
Attorney has opposed parole for an inmate sentenced under
the law in effect prior to February 1, 1978, the additional
provision in paragraph (5.1) applies.
(5) If a statement is presented under Section 6, the
Prisoner Review Board shall inform the victim of any order
of discharge entered by the Board pursuant to Section 3-3-8
of the Unified Code of Corrections.
(5.1) If a victim or concerned citizen has registered
an objection to parole of an inmate sentenced under the law
in effect prior to February 1, 1978, the victim or
concerned citizen shall receive a copy of the most recent
written submissions that the inmate filed in requesting

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parole. The Prisoner Review Board may satisfy this
requirement by tendering these documents to the State's
Attorney's Office that has submitted objections.
(6) At the written request of the victim of the crime
for which the prisoner was sentenced or the State's
Attorney of the county where the person seeking parole was
prosecuted, the Prisoner Review Board shall notify the
victim and the State's Attorney of the county where the
person seeking parole was prosecuted of the death of the
prisoner if the prisoner died while on parole or mandatory
supervised release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile
Justice, or the Department of Human Services is released or
discharged and subsequently committed to the Department of
Human Services as a sexually violent person and the victim
had requested to be notified by the releasing authority of
the defendant's discharge from State custody, the
releasing authority shall provide to the Department of
Human Services such information that would allow the
Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act and has been sentenced to the Department
of Corrections or the Department of Juvenile Justice, the
Prisoner Review Board shall notify the victim of the sex

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offense of the prisoner's eligibility for release on
parole, mandatory supervised release, electronic
detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge
from county custody. The notification shall be made to the
victim at least 30 days, whenever possible, before release
of the sex offender.
(e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) To permit a victim of a violent crime to provide
information to the Prisoner Review Board for consideration by
the Board at a parole hearing of a person who committed the
crime against the victim in accordance with clause (d)(4) of
this Section or at a proceeding to determine the conditions of
mandatory supervised release of a person sentenced to a
determinate sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence, the Board shall establish a toll-free number that may
be accessed by the victim of a violent crime to present that
information to the Board.

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(Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07;
95-896, eff. 1-1-09; 95-897, eff. 1-1-09; 95-904, eff. 1-1-09;
revised 9-25-08.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 3-3-2, 3-3-4, 3-3-5, and 3-5-1 as follows:
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and Duties.
(a) The Parole and Pardon Board is abolished and the term
"Parole and Pardon Board" as used in any law of Illinois, shall
read "Prisoner Review Board." After the effective date of this
amendatory Act of 1977, the Prisoner Review Board shall provide
by rule for the orderly transition of all files, records, and
documents of the Parole and Pardon Board and for such other
steps as may be necessary to effect an orderly transition and
shall:
(1) hear by at least one member and through a panel of
at least 3 members decide, cases of prisoners who were
sentenced under the law in effect prior to the effective
date of this amendatory Act of 1977, and who are eligible
for parole;
(2) hear by at least one member and through a panel of
at least 3 members decide, the conditions of parole and the
time of discharge from parole, impose sanctions for
violations of parole, and revoke parole for those sentenced

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under the law in effect prior to this amendatory Act of
1977; provided that the decision to parole and the
conditions of parole for all prisoners who were sentenced
for first degree murder or who received a minimum sentence
of 20 years or more under the law in effect prior to
February 1, 1978 shall be determined by a majority vote of
the Prisoner Review Board after the members present at the
en banc have heard presentations in support of and, if the
parole is opposed, in objection to the parole request;
(3) hear by at least one member and through a panel of
at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from mandatory
supervised release, impose sanctions for violations of
mandatory supervised release, and revoke mandatory
supervised release for those sentenced under the law in
effect after the effective date of this amendatory Act of
1977;
(3.5) hear by at least one member and through a panel
of at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from mandatory
supervised release, to impose sanctions for violations of
mandatory supervised release and revoke mandatory
supervised release for those serving extended supervised
release terms pursuant to paragraph (4) of subsection (d)
of Section 5-8-1;
(4) hear by at least 1 member and through a panel of at

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least 3 members, decide cases brought by the Department of
Corrections against a prisoner in the custody of the
Department for alleged violation of Department rules with
respect to good conduct credits pursuant to Section 3-6-3
of this Code in which the Department seeks to revoke good
conduct credits, if the amount of time at issue exceeds 30
days or when, during any 12 month period, the cumulative
amount of credit revoked exceeds 30 days except where the
infraction is committed or discovered within 60 days of
scheduled release. In such cases, the Department of
Corrections may revoke up to 30 days of good conduct
credit. The Board may subsequently approve the revocation
of additional good conduct credit, if the Department seeks
to revoke good conduct credit in excess of thirty days.
However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days
of good conduct credit for any prisoner or to increase any
penalty beyond the length requested by the Department;
(5) hear by at least one member and through a panel of
at least 3 members decide, the release dates for certain
prisoners sentenced under the law in existence prior to the
effective date of this amendatory Act of 1977, in
accordance with Section 3-3-2.1 of this Code;
(6) hear by at least one member and through a panel of
at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential

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recommendations to the Governor;
(7) comply with the requirements of the Open Parole
Hearings Act;
(8) hear by at least one member and, through a panel of
at least 3 members, decide cases brought by the Department
of Corrections against a prisoner in the custody of the
Department for court dismissal of a frivolous lawsuit
pursuant to Section 3-6-3(d) of this Code in which the
Department seeks to revoke up to 180 days of good conduct
credit, and if the prisoner has not accumulated 180 days of
good conduct credit at the time of the dismissal, then all
good conduct credit accumulated by the prisoner shall be
revoked; and
(9) hear by at least 3 members, and, through a panel of
at least 3 members, decide whether to grant certificates of
relief from disabilities or certificates of good conduct as
provided in Article 5.5 of Chapter V.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and the
Department of Central Management Services, shall implement a
pilot project in 3 correctional institutions providing for the
conduct of hearings under paragraphs (1) and (4) of subsection
(a) of this Section through interactive video conferences. The
project shall be implemented within 6 months after the
effective date of this amendatory Act of 1996. Within 6 months
after the implementation of the pilot project, the Prisoner

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Review Board, with the cooperation of and in coordination with
the Department of Corrections and the Department of Central
Management Services, shall report to the Governor and the
General Assembly regarding the use, costs, effectiveness, and
future viability of interactive video conferences for Prisoner
Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore good conduct credit previously revoked.
(c) The Board shall cooperate with the Department in
promoting an effective system of parole and mandatory
supervised release.
(d) The Board shall promulgate rules for the conduct of its
work, and the Chairman shall file a copy of such rules and any
amendments thereto with the Director and with the Secretary of
State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his parole or mandatory supervised release may
require by subpoena the attendance and testimony of witnesses
and the production of documentary evidence relating to any
matter under investigation or hearing. The Chairman of the
Board may sign subpoenas which shall be served by any agent or
public official authorized by the Chairman of the Board, or by
any person lawfully authorized to serve a subpoena under the

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laws of the State of Illinois. The attendance of witnesses, and
the production of documentary evidence, may be required from
any place in the State to a hearing location in the State
before the Chairman of the Board or his designated agent or
agents or any duly constituted Committee or Subcommittee of the
Board. Witnesses so summoned shall be paid the same fees and
mileage that are paid witnesses in the circuit courts of the
State, and witnesses whose depositions are taken and the
persons taking those depositions are each entitled to the same
fees as are paid for like services in actions in the circuit
courts of the State. Fees and mileage shall be vouchered for
payment when the witness is discharged from further attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order requiring
the attendance and testimony of witnesses or the production of
documentary evidence or both. A copy of such petition shall be
served by personal service or by registered or certified mail
upon the person who has failed to obey the subpoena, and such
person shall be advised in writing that a hearing upon the
petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary
remedies at a specified time, on a specified date, not less
than 10 nor more than 15 days after the deposit of the copy of
the written notice and petition in the U.S. mails addressed to
the person at his last known address or after the personal
service of the copy of the notice and petition upon such

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person. The court upon the filing of such a petition, may order
the person refusing to obey the subpoena to appear at an
investigation or hearing, or to there produce documentary
evidence, if so ordered, or to give evidence relative to the
subject matter of that investigation or hearing. Any failure to
obey such order of the circuit court may be punished by that
court as a contempt of court.
Each member of the Board and any hearing officer designated
by the Board shall have the power to administer oaths and to
take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a majority
of the members then appointed to the Prisoner Review Board
shall constitute a quorum for the transaction of all business
of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
Sec. 3-3-4. Preparation for Parole Hearing.
(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

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to the Department of Juvenile Justice as a delinquent at least
30 days prior to the expiration of the first year of
confinement.
(b) A person eligible for parole shall, in advance of his
parole hearing, 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.
(c) The members of the Board shall have access at all
reasonable times to any committed person and to his master
record file within the Department, and the Department shall
furnish such reports to the Board as the Board may require
concerning the conduct and character of any such person.
(d) In making its determination of parole, the Board shall
consider:
(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;
(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
chief administrative officer of the institution or
facility;
(4) a parole progress report;
(5) a medical and psychological report, if requested by
the Board;
(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
(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.
(e) The prosecuting State's Attorney's office shall
receive from the Board reasonable written notice not less than
60 15 days prior to the parole hearing described in paragraph
(b-2) of Section 3-3-5 of this Code the names of all inmates
scheduled for said hearing 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. The State's Attorney may waive the written
notice or request reasonable time to procure additional
information.
(f) The victim of the violent crime for which the prisoner

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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.
(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 , if 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 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.
(Source: P.A. 94-696, eff. 6-1-06.)
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
Sec. 3-3-5. 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

SB0288 - 23 - LRB096 08337 RLC 18446 b
action of a majority of the panel shall be the action of the
Board. In consideration of persons committed to the Department
of Juvenile Justice, the panel shall have at least a majority
of members experienced in juvenile matters.
(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, 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 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.
(b-1) When an interview is conducted, the person seeking
parole shall be interviewed at the penal institution where the
person is confined and may receive additional testimony from
the person seeking parole's attorney, family, and other persons
in support of the Board granting parole. Upon the request of
the State's Attorney and to the extent allowed by law, a copy
of the any written submissions by the person seeking parole and
copies of the reports described in paragraph (c) of Section
3-3-4 of this Act, documents in the possession of the Board
reflecting the person seeking parole's current medical

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conditions and treatment, and the person seeking parole's
mental health reports, shall be served upon the State's
Attorney of the county that prosecuted the person by the
Prisoner Review Board within 3 days of the Board's receipt of
these documents. Upon the request of the State's Attorney, the
Board shall make available for inspection and copying the file
described in paragraph (c) of Section 3-3-4 of this Act.
Thereafter, the Board may upon the written request of the
State's Attorney of the county where the person seeking parole
was prosecuted conduct the State's Attorney's portion of the
parole hearing within said county, or the judicial circuit
within which the county rests. At the hearing, a State's
Attorney's Office representative and all victims or concerned
citizens may address the Board. These statements may be made in
person, in writing, or by a recording or video recording. At
least one member of the Board shall preside over this hearing.
(b-3) After the State's Attorney's portion of the parole
hearing, the Board shall give all registered crime victims and
the State's Attorney of the county where the person seeking
parole was prosecuted 15 days' notice of an en banc hearing
before the Board. Such hearing may be continued by the Board
only if the persons objecting to and supporting parole are
given 5 days' notice of any hearing continuance unless there is
an emergency declared by the Chairman of the Board. One Board
member shall make a comprehensive presentation of the person
seeking parole's case to the Board. The person seeking parole's

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attorney and one representative of the person seeking parole
may address the Board. A representative of the Office of the
State's Attorney and the victim or one representative of the
victim may address the Board and request conditions of parole
should the Board vote to parole the person seeking parole.
Thereafter, the Board shall deliberate and vote on granting
parole.
(c) The Board shall not parole a person eligible for parole
if it determines that:
(1) there is a substantial risk that he will not
conform to reasonable conditions of parole; or
(2) his release at that time would deprecate the
seriousness of his offense or promote disrespect for the
law; or
(3) his release would have a substantially adverse
effect on institutional discipline.
(d) A person committed under the Juvenile Court Act or the
Juvenile Court Act of 1987 who has not been sooner released
shall be paroled on or before his 20th birthday to begin
serving a period of parole under Section 3-3-8.
(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

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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 3 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 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.
(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. 94-696, eff. 6-1-06.)

SB0288 - 27 - LRB096 08337 RLC 18446 b
(730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
Sec. 3-5-1. Master Record File.
(a) The Department of Corrections and the Department of
Juvenile Justice shall maintain a master record file on each
person committed to it, which shall contain the following
information:
(1) all information from the committing court;
(2) reception summary;
(3) evaluation and assignment reports and
recommendations;
(4) reports as to program assignment and progress;
(5) reports of disciplinary infractions and
disposition;
(6) any parole plan;
(7) any parole reports;
(8) the date and circumstances of final discharge; and
any other pertinent data concerning the person's
background, conduct, associations and family relationships
as may be required by the respective Department. A current
summary index shall be maintained on each file which shall
include the person's known active and past gang
affiliations and ranks.
(b) All files shall be confidential and access shall be
limited to authorized personnel of the respective Department.
Personnel of other correctional, welfare or law enforcement
agencies may have access to files under rules and regulations

SB0288 - 28 - LRB096 08337 RLC 18446 b
of the respective Department. The prosecuting State's
Attorney's Office shall have access to the committed person's
master record file whenever the Prisoner Review Board has
scheduled a parole hearing for the committed person under
Section 3-3-5 of this Code. The respective Department shall
keep a record of all outside personnel who have access to
files, the files reviewed, any file material copied, and the
purpose of access. If the respective Department or the Prisoner
Review Board makes a determination under this Code which
affects the length of the period of confinement or commitment,
the committed person and his counsel shall be advised of
factual information relied upon by the respective Department or
Board to make the determination, provided that the Department
or Board shall not be required to advise a person committed to
the Department of Juvenile Justice any such information which
in the opinion of the Department of Juvenile Justice or Board
would be detrimental to his treatment or rehabilitation.
(c) The master file shall be maintained at a place
convenient to its use by personnel of the respective Department
in charge of the person. When custody of a person is
transferred from the Department to another department or
agency, a summary of the file shall be forwarded to the
receiving agency with such other information required by law or
requested by the agency under rules and regulations of the
respective Department.
(d) The master file of a person no longer in the custody of

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the respective Department shall be placed on inactive status
and its use shall be restricted subject to rules and
regulations of the Department.
(e) All public agencies may make available to the
respective Department on request any factual data not otherwise
privileged as a matter of law in their possession in respect to
individuals committed to the respective Department.
(Source: P.A. 94-696, eff. 6-1-06.)
Section 99. Effective date. This Act takes effect upon