Bill Text: IL SB1471 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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Sen. Thomas Johnson

Filed: 4/4/2011

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AMENDMENT TO SENATE BILL 1471
AMENDMENT NO. ______. Amend Senate Bill 1471 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Section 3-3-4 as follows:
(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
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, no less than 15
days in advance of his parole interview, prepare a parole plan

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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.
(c) Any member 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 a report to the Board concerning the conduct and
character of any such person prior to his or her parole
interview.
(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;
(2) the report under Section 3-8-2 or 3-10-2;
(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
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

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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.
(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.
(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

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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
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.
(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.)".