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| | SB1471 Engrossed | | LRB097 07016 RLC 47109 b |
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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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