Bill Text: IL SB1471 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning a person's accountability for another person's conduct.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-23 - Public Act . . . . . . . . . 97-0523 [SB1471 Detail]
Download: Illinois-2011-SB1471-Engrossed.html
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning a person's accountability for another person's conduct.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-23 - Public Act . . . . . . . . . 97-0523 [SB1471 Detail]
Download: Illinois-2011-SB1471-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 3-3-4 as follows:
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6 | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
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7 | Sec. 3-3-4. Preparation for Parole Hearing.
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8 | (a) The Prisoner Review Board shall consider the parole
of | ||||||
9 | each eligible person committed to the Adult Division at
least | ||||||
10 | 30 days prior to the date he shall first become
eligible for | ||||||
11 | parole, and shall consider the parole of each
person committed | ||||||
12 | to the Department of Juvenile Justice as a delinquent
at least | ||||||
13 | 30 days prior to the expiration of the first year
of | ||||||
14 | confinement.
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15 | (b) A person eligible for parole shall, no less than 15 | ||||||
16 | days in advance of
his parole interview, prepare a parole plan | ||||||
17 | in accordance
with the rules of the Prisoner Review Board. The | ||||||
18 | person
shall be assisted in preparing his parole plan by | ||||||
19 | personnel
of the Department of Corrections, or the Department | ||||||
20 | of Juvenile Justice in the case of a person committed to that | ||||||
21 | Department, and may, for this purpose, be released
on furlough | ||||||
22 | under Article 11 or on authorized absence under
Section 3-9-4. | ||||||
23 | The appropriate Department shall also provide
assistance in |
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1 | obtaining information and records helpful to
the individual for | ||||||
2 | his parole hearing. If the person eligible for parole has a | ||||||
3 | petition or any written submissions prepared on his or her | ||||||
4 | behalf by an attorney or other representative, the attorney or | ||||||
5 | representative for the person eligible for parole must serve by | ||||||
6 | certified mail the State's Attorney of the county where he or | ||||||
7 | she was prosecuted with the petition or any written submissions | ||||||
8 | 15 days after his or her parole interview. The State's Attorney | ||||||
9 | shall provide the attorney for the person eligible for parole | ||||||
10 | with a copy of his or her letter in opposition to parole via | ||||||
11 | certified mail within 5 business days of the en banc hearing.
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12 | (c) Any member of the Board shall have access at all
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13 | reasonable times to any committed person and to his master
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14 | record file within the Department, and the Department shall
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15 | furnish such a report to the Board
concerning the conduct and | ||||||
16 | character of any such person prior to his or her parole | ||||||
17 | interview.
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18 | (d) In making its determination of parole, the Board
shall | ||||||
19 | consider:
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20 | (1) material transmitted to the Department of Juvenile | ||||||
21 | Justice by the
clerk of the committing court under Section | ||||||
22 | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | ||||||
23 | 5-750 of the Juvenile
Court Act of 1987;
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24 | (2) the report under Section 3-8-2 or 3-10-2;
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25 | (3) a report by the Department and any report by the
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26 | chief administrative officer of the institution or |
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1 | facility;
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2 | (4) a parole progress report;
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3 | (5) a medical and psychological report, if requested
by | ||||||
4 | the Board;
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5 | (6) material in writing, or on film, video tape or | ||||||
6 | other electronic
means in the form of a recording submitted | ||||||
7 | by the person whose parole
is being considered; and
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8 | (7) material in writing, or on film, video tape or | ||||||
9 | other electronic
means in the form of a recording or | ||||||
10 | testimony submitted by the State's
Attorney and the victim | ||||||
11 | or a concerned citizen pursuant to the Rights of Crime | ||||||
12 | Victims and Witnesses Act.
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13 | (e) The prosecuting State's Attorney's office shall | ||||||
14 | receive from the Board reasonable
written notice not less than | ||||||
15 | 30 days prior to the parole interview and may
submit relevant | ||||||
16 | information by oral argument or testimony of victims and | ||||||
17 | concerned citizens, or both, in writing, or on film, video tape | ||||||
18 | or other
electronic means or in the form of a recording to the | ||||||
19 | Board for its
consideration. Upon written request of the | ||||||
20 | State's Attorney's office, the Prisoner Review Board shall hear | ||||||
21 | protests to parole, except in counties of 1,500,000 or more | ||||||
22 | inhabitants where there shall be standing objections to all | ||||||
23 | such petitions. If a State's Attorney who represents a county | ||||||
24 | of less than 1,500,000 inhabitants requests a protest hearing, | ||||||
25 | the inmate's counsel or other representative shall also receive | ||||||
26 | notice of such request.
This hearing shall take place the month |
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1 | following the inmate's parole interview. If the inmate's parole | ||||||
2 | interview is rescheduled then the Prisoner Review Board shall | ||||||
3 | promptly notify the State's Attorney of the new date. The | ||||||
4 | person eligible for parole shall be heard at the next scheduled | ||||||
5 | en banc hearing date. If the case is to be continued, the | ||||||
6 | State's Attorney's office and the attorney or representative | ||||||
7 | for the person eligible for parole will be notified of any | ||||||
8 | continuance within 5 business days. The State's Attorney may | ||||||
9 | waive the written notice.
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10 | (f) The victim of the violent crime for which the prisoner | ||||||
11 | has been
sentenced shall receive notice of a parole hearing as | ||||||
12 | provided in paragraph
(4) of subsection (d) of Section 4.5 of | ||||||
13 | the Rights of Crime Victims and Witnesses
Act.
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14 | (g) Any recording considered under the provisions of | ||||||
15 | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | ||||||
16 | the form designated by the Board.
Such recording shall be both | ||||||
17 | visual and aural. Every voice on the
recording and person | ||||||
18 | present shall be identified and the recording shall
contain | ||||||
19 | either a visual or aural statement of the person submitting | ||||||
20 | such
recording, the date of the recording and the name of the | ||||||
21 | person whose
parole eligibility is being considered. Such | ||||||
22 | recordings shall be retained by
the Board and shall be deemed | ||||||
23 | to be submitted at any subsequent parole hearing
if the victim | ||||||
24 | or State's Attorney submits in writing a declaration clearly
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25 | identifying such recording as representing the present | ||||||
26 | position of the
victim or State's Attorney regarding the issues |
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1 | to be considered at the parole
hearing.
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2 | (h) The Board shall not release any material to the inmate, | ||||||
3 | the inmate's attorney, any third party, or any other person | ||||||
4 | containing any information from the victim or from a person | ||||||
5 | related to the victim by blood, adoption, or marriage who has | ||||||
6 | written objections, testified at any hearing, or submitted | ||||||
7 | audio or visual objections to the inmate's parole, unless | ||||||
8 | provided with a waiver from that objecting party. | ||||||
9 | (Source: P.A. 96-875, eff. 1-22-10.)
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