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92_HB0029ham001
LRB9201000RCcdam
1 AMENDMENT TO HOUSE BILL 29
2 AMENDMENT NO. . Amend House Bill 29 by replacing the
3 title with the following:
4 "AN ACT concerning parole."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Unified Code of Corrections is amended
8 by changing Sections 3-3-2, 3-3-4, 3-3-5, and 3-3-8 as
9 follows:
10 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
11 Sec. 3-3-2. Powers and Duties.
12 (a) The Parole and Pardon Board is abolished and the
13 term "Parole and Pardon Board" as used in any law of
14 Illinois, shall read "Prisoner Review Board." After the
15 effective date of this amendatory Act of 1977, the Prisoner
16 Review Board shall provide by rule for the orderly transition
17 of all files, records, and documents of the Parole and Pardon
18 Board and for such other steps as may be necessary to effect
19 an orderly transition and shall:
20 (1) hear and decide through a panel of 3 members by
21 at least one member and through a panel of at least 5
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1 members decide, cases of prisoners who were sentenced
2 under the law in effect prior to the effective date of
3 this amendatory Act of 1977, and who are eligible for
4 parole;
5 (2) hear by at least one member and through a panel
6 of at least 3 5 members decide, the conditions of parole
7 and the time of discharge from parole, impose sanctions
8 for violations of parole, and revoke parole for those
9 sentenced under the law in effect prior to this
10 amendatory Act of 1977; provided that the decision to
11 parole and the conditions of parole for all prisoners who
12 were sentenced for first degree murder or who received a
13 minimum sentence of 20 years or more under the law in
14 effect prior to February 1, 1978 shall be determined by a
15 majority vote of the Prisoner Review Board;
16 (3) hear by at least one member and through a panel
17 of at least 5 members decide, the conditions of mandatory
18 supervised release and the time of discharge from
19 mandatory supervised release, impose sanctions for
20 violations of mandatory supervised release, and revoke
21 mandatory supervised release for those sentenced under
22 the law in effect after the effective date of this
23 amendatory Act of 1977;
24 (4) hear by at least 1 member and through a panel
25 of at least 5 members, decide cases brought by the
26 Department of Corrections against a prisoner in the
27 custody of the Department for alleged violation of
28 Department rules with respect to good conduct credits
29 pursuant to Section 3-6-3 of this Code in which the
30 Department seeks to revoke good conduct credits, if the
31 amount of time at issue exceeds 30 days or when, during
32 any 12 month period, the cumulative amount of credit
33 revoked exceeds 30 days except where the infraction is
34 committed or discovered within 60 days of scheduled
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1 release. In such cases, the Department of Corrections may
2 revoke up to 30 days of good conduct credit. The Board
3 may subsequently approve the revocation of additional
4 good conduct credit, if the Department seeks to revoke
5 good conduct credit in excess of thirty days. However,
6 the Board shall not be empowered to review the
7 Department's decision with respect to the loss of 30 days
8 of good conduct credit for any prisoner or to increase
9 any penalty beyond the length requested by the
10 Department;
11 (5) hear by at least one member and through a panel
12 of at least 5 members decide, the release dates for
13 certain prisoners sentenced under the law in existence
14 prior to the effective date of this amendatory Act of
15 1977, in accordance with Section 3-3-2.1 of this Code;
16 (6) hear by at least one member and through a panel
17 of at least 5 members decide, all requests for pardon,
18 reprieve or commutation, and make confidential
19 recommendations to the Governor;
20 (7) comply with the requirements of the Open Parole
21 Hearings Act; and
22 (8) hear by at least one member and, through a
23 panel of at least 5 members, decide cases brought by the
24 Department of Corrections against a prisoner in the
25 custody of the Department for court dismissal of a
26 frivolous lawsuit pursuant to Section 3-6-3(d) of this
27 Code in which the Department seeks to revoke up to 180
28 days of good conduct credit, and if the prisoner has not
29 accumulated 180 days of good conduct credit at the time
30 of the dismissal, then all good conduct credit
31 accumulated by the prisoner shall be revoked.
32 (a-5) The Prisoner Review Board, with the cooperation of
33 and in coordination with the Department of Corrections and
34 the Department of Central Management Services, shall
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1 implement a pilot project in 3 correctional institutions
2 providing for the conduct of hearings under paragraphs (1)
3 and (4) of subsection (a) of this Section through interactive
4 video conferences. The project shall be implemented within 6
5 months after the effective date of this amendatory Act of
6 1996. Within 6 months after the implementation of the pilot
7 project, the Prisoner Review Board, with the cooperation of
8 and in coordination with the Department of Corrections and
9 the Department of Central Management Services, shall report
10 to the Governor and the General Assembly regarding the use,
11 costs, effectiveness, and future viability of interactive
12 video conferences for Prisoner Review Board hearings.
13 (b) Upon recommendation of the Department the Board may
14 restore good conduct credit previously revoked.
15 (c) The Board shall cooperate with the Department in
16 promoting an effective system of parole and mandatory
17 supervised release.
18 (d) The Board shall promulgate rules for the conduct of
19 its work, and the Chairman shall file a copy of such rules
20 and any amendments thereto with the Director and with the
21 Secretary of State.
22 (e) The Board shall keep records of all of its official
23 actions and shall make them accessible in accordance with law
24 and the rules of the Board.
25 (f) The Board or one who has allegedly violated the
26 conditions of his parole or mandatory supervised release may
27 require by subpoena the attendance and testimony of witnesses
28 and the production of documentary evidence relating to any
29 matter under investigation or hearing. The Chairman of the
30 Board may sign subpoenas which shall be served by any agent
31 or public official authorized by the Chairman of the Board,
32 or by any person lawfully authorized to serve a subpoena
33 under the laws of the State of Illinois. The attendance of
34 witnesses, and the production of documentary evidence, may be
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1 required from any place in the State to a hearing location in
2 the State before the Chairman of the Board or his designated
3 agent or agents or any duly constituted Committee or
4 Subcommittee of the Board. Witnesses so summoned shall be
5 paid the same fees and mileage that are paid witnesses in the
6 circuit courts of the State, and witnesses whose depositions
7 are taken and the persons taking those depositions are each
8 entitled to the same fees as are paid for like services in
9 actions in the circuit courts of the State. Fees and mileage
10 shall be vouchered for payment when the witness is discharged
11 from further attendance.
12 In case of disobedience to a subpoena, the Board may
13 petition any circuit court of the State for an order
14 requiring the attendance and testimony of witnesses or the
15 production of documentary evidence or both. A copy of such
16 petition shall be served by personal service or by registered
17 or certified mail upon the person who has failed to obey the
18 subpoena, and such person shall be advised in writing that a
19 hearing upon the petition will be requested in a court room
20 to be designated in such notice before the judge hearing
21 motions or extraordinary remedies at a specified time, on a
22 specified date, not less than 10 nor more than 15 days after
23 the deposit of the copy of the written notice and petition in
24 the U.S. mails addressed to the person at his last known
25 address or after the personal service of the copy of the
26 notice and petition upon such person. The court upon the
27 filing of such a petition, may order the person refusing to
28 obey the subpoena to appear at an investigation or hearing,
29 or to there produce documentary evidence, if so ordered, or
30 to give evidence relative to the subject matter of that
31 investigation or hearing. Any failure to obey such order of
32 the circuit court may be punished by that court as a contempt
33 of court.
34 Each member of the Board and any hearing officer
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1 designated by the Board shall have the power to administer
2 oaths and to take the testimony of persons under oath.
3 (g) Except under subsection (a) of this Section, a
4 majority of the members then appointed to the Prisoner Review
5 Board shall constitute a quorum for the transaction of all
6 business of the Board.
7 (h) The Prisoner Review Board shall annually transmit to
8 the Director a detailed report of its work for the preceding
9 calendar year. The annual report shall also be transmitted to
10 the Governor for submission to the Legislature.
11 (Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00.)
12 (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
13 Sec. 3-3-4. Preparation for Parole Hearing.
14 (a) The Prisoner Review Board shall consider the parole
15 of each eligible person committed to the Adult Division at
16 least 30 days prior to the date he shall first become
17 eligible for parole, and shall consider the parole of each
18 person committed to the Juvenile Division as a delinquent at
19 least 30 days prior to the expiration of the first year of
20 confinement.
21 (b) A person eligible for parole shall, in advance of
22 his parole hearing, prepare a parole plan in accordance with
23 the rules of the Prisoner Review Board. The person shall be
24 assisted in preparing his parole plan by personnel of the
25 Department and may, for this purpose, be released on furlough
26 under Article 11 or on authorized absence under Section
27 3-9-4. The Department shall also provide assistance in
28 obtaining information and records helpful to the individual
29 for his parole hearing.
30 (c) The members of the Board shall have access at all
31 reasonable times to any committed person and to his master
32 record file within the Department, and the Department shall
33 furnish such reports to the Board as the Board may require
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1 concerning the conduct and character of any such person.
2 (d) In making its determination of parole, with use of
3 Parole Release Risk Assessment Instruments, the Board shall
4 consider:
5 (1) material transmitted to the Department by the
6 clerk of the committing court under Section 5-4-1 or
7 Section 5-10 of the Juvenile Court Act or Section 5-750
8 of the Juvenile Court Act of 1987;
9 (2) the report under Section 3-8-2 or 3-10-2;
10 (3) a report by the Department and any report by
11 the chief administrative officer of the institution or
12 facility;
13 (4) a parole progress report;
14 (5) a medical and psychological report, if
15 requested by the Board;
16 (6) material in writing, or on film, video tape or
17 other electronic means in the form of a recording
18 submitted by the person whose parole is being considered;
19 and
20 (7) material in writing, or on film, video tape or
21 other electronic means in the form of a recording or
22 testimony submitted by the State's Attorney and the
23 victim pursuant to the Bill of Rights for Victims and
24 Witnesses of Violent Crime Act.
25 (e) The prosecuting State's Attorney's office shall
26 receive reasonable written notice not less than 15 days prior
27 to the parole hearing and may submit relevant information in
28 writing, or on film, video tape or other electronic means or
29 in the form of a recording to the Board for its
30 consideration. The State's Attorney may waive the written
31 notice.
32 (f) The victim of the violent crime for which the
33 prisoner has been sentenced shall receive notice of a parole
34 hearing as provided in paragraph (16) of Section 4 of the
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1 Bill of Rights for Victims and Witnesses of Violent Crime
2 Act.
3 (g) Any recording considered under the provisions of
4 subsection (d)(6), (d)(7) or (e) of this Section shall be in
5 the form designated by the Board. Such recording shall be
6 both visual and aural. Every voice on the recording and
7 person present shall be identified and the recording shall
8 contain either a visual or aural statement of the person
9 submitting such recording, the date of the recording and the
10 name of the person whose parole eligibility is being
11 considered. Such recordings, if retained by the Board shall
12 be deemed to be submitted at any subsequent parole hearing if
13 the victim or State's Attorney submits in writing a
14 declaration clearly identifying such recording as
15 representing the present position of the victim or State's
16 Attorney regarding the issues to be considered at the parole
17 hearing.
18 (Source: P.A. 90-590, eff. 1-1-99.)
19 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
20 Sec. 3-3-5. Hearing and Determination.
21 (a) The Prisoner Review Board shall meet as often as
22 need requires to consider the cases of persons eligible for
23 parole. Except as otherwise provided in paragraph (2) of
24 subsection (a) of Section 3-3-2 of this Act, The Prisoner
25 Review Board may meet and order its actions in panels of 3 5
26 or more members. The action of a majority of the panel shall
27 be the action of the Board. In consideration of persons
28 committed to the Juvenile Division, the panel shall have at
29 least a majority of members experienced in juvenile matters.
30 (b) If the person under consideration for parole is in
31 the custody of the Department, a panel of 3 members at least
32 one member of the Board shall interview him, and a report of
33 that interview shall be available for the Board's
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1 consideration. However, in the discretion of the Board, the
2 interview need not be conducted if a psychiatric examination
3 determines that the person could not meaningfully contribute
4 to the Board's consideration. The Board may in its discretion
5 parole a person who is then outside the jurisdiction on his
6 record without an interview. The Board need not hold a
7 hearing or interview a person who is paroled under paragraphs
8 (d) or (e) of this Section or released on Mandatory release
9 under Section 3-3-10.
10 (c) Following the hearing the parole release panel shall
11 adjourn into a conference. In conference the panel shall
12 discuss all evidence and testimony received and shall
13 exchange views concerning the weight and credibility to be
14 given the evidence considered before application of Parole
15 Release Risk Assessment Instruments. Following the
16 conference, the parole release panel shall total the scores
17 of the Parole Release Risk Assessment Instrument. A score of
18 39 or less classifies the parole applicant as an acceptable
19 risk, and parole shall be granted. A score of 40 or more
20 classifies the parole applicant as an unacceptable risk, and
21 parole shall be denied unless the score is overridden by a
22 majority vote of the panel. When parole is denied a
23 rationale shall be prepared by at least one member of the
24 panel that states which elements of the Parole Release Risk
25 Assessment Instruments serve as the basis for denial and that
26 must change so that the parole applicant becomes an
27 Acceptable Risk. The Board shall arrive at the parole release
28 decision based on use of objective risk assessment
29 instruments and as an exercise of grace and executing
30 discretion as limited and defined in subsection (b-5) of
31 Section 3-3-8. The Board shall parole persons receiving a
32 total score of 39 or less on the Parole Release Risk
33 Assessment Instrument, and shall not parole those receiving a
34 score of 40 or more unless the score is overridden by a
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1 majority vote of the parole release panel.
2 In determining whether to grant or deny parole, the Board
3 shall determine whether the parole applicant is an Acceptable
4 Risk, and the Instrument it uses shall include factors
5 evident from the inmate's prior history, committing offense,
6 institutional adjustment, and parole plan, and
7 rehabilitation, as contained in the Parole Release Risk
8 Assessment Instrument as follows:
9 (1) Total number of adjudications as a delinquent minor.
10 (A) None............................. Enter 0
11 (B) One.............................. Enter 1
12 Two or more........................... Enter 3 .....
13 (2) Total number of prior probation/parole
14 /release revocations.
15 (A) one.............................. Enter 0
16 (B) One or more...................... Enter 2 .....
17 (3) Record of convictions or adjudications
18 for selected offenses (include current
19 offense).
20 (A) None of the below................ Enter 0
21 (B) Forgery, deceptive practices..... Enter 1
22 (C) Other property, assaultive, or
23 weapons offense.................. Enter 2
24 (D) Burglary......................... Enter 3 .....
25 (4) Age at first conviction or
26 adjudication.
27 (A) 19 years or less................. Enter 0
28 (B) 20-23 years...................... Enter 1
29 (C) 24 years or older................ Enter 2 .....
30 (5) Compliance with the conditions of
31 the institution (Last 15 years).
32 (A) Total major tickets 0-3.......... Enter 0
33 (B) Total major tickets 4-10......... Enter 2
34 (C) Total tickets ll+ or any one of
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1 these tickets (escape, gang
2 activity, murder/death,
3 dangerous disturbance, assault,
4 forced sexual, misconduct
5 or arson)........................ Enter 4 .....
6 (6) Percent of time employed/in
7 training/in school-current (in
8 institution) or percent of time
9 employed/in training/in school
10 immediately prior to incarceration.
11 (A) 60% or more...................... Enter 0
12 (B) 40-59%........................... Enter 1
13 (C) Under 40%........................ Enter 2
14 (D) Other............................ Enter 0 .....
15 (7) Interpersonal problems in current
16 and/or previous living situation.
17 (A) None............................. Enter 0
18 (B) Few.............................. Enter 1
19 (C) Moderate......................... Enter 3
20 (D) Severe........................... Enter 5 .....
21 (8) Social interaction.
22 (A) Mainly with non-gang or
23 non-criminally oriented
24 groups/individuals............... Enter 0
25 (B) Mainly with gang or criminally
26 oriented groups/individuals Enter 3 .....
27 (9) Counselor's appraisal of inmate's
28 attitude.
29 (A) Sincere desire to behave
30 responsibly...................... Enter 0
31 (B) Dependent or irresponsible....... Enter 3
32 (C) No indication of motivation to
33 behave responsibly............... Enter 5 .....
34 (10) Likelihood of basic human needs
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1 after release.
2 (A) Adequate food, shelter, and
3 clothing for inmate and
4 dependents is likely............. Enter 0
5 (B) Appropriate referrals for
6 assistance in ensuring that basic
7 needs are satisfied will be needed
8 - follow-up will be necessary.... Enter 3
9 (C) Critical Problems - inmate and
10 dependents will lack basic life
11 essentials - urgent referral and
12 monitoring will be necessary..... Enter 7 .....
13 (11) Likelihood of living arrangements
14 after release.
15 (A) Stable and supportive relationships
16 with family or others in living
17 group is likely.................. Enter 0
18 (B) Inmate likely to live alone or
19 independently within another
20 household........................ Enter 1
21 (C) Inmate likely to experience
22 occasional, moderate
23 interpersonal problems with
24 living group..................... Enter 3
25 (D) Inmate likely to experience
26 frequent and serious interpersonal
27 problems within living group.......... Enter 6 .....
28 (12) Emotional stability.
29 (A) no symptoms of emotional
30 instability, appropriate
31 emotional responses.............. Enter 0
32 (B) Symptoms limit, but do not
33 prohibit adequate functions, e.g.,
34 excessive anxiety................ Enter 4 .....
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1 (13) Symptoms prohibit adequate
2 functioning, e.g., lashes out or
3 retreats into self.................... Enter 8 .....
4 (14) Mental capacity.
5 (A) No documented mental retardation,
6 learning disability, or other
7 developmental disability.............. Enter 0
8 (B) Documented mental retardation,
9 learning disability, or other
10 developmental disability.............. Enter 6 .....
11 (15) History of and/or current substance
12 abuse (alcohol or drugs).
13 (A) No evidence of problems related
14 to substance abuse.................... Enter 0
15 (B) Evidence of a pattern of substance
16 abuse indicates a counseling/monitoring
17 and/or referral need required......... Enter 4 .....
18 (16) Evidence of serious substance
19 abuse problems - intensive casework
20 services.............................. Enter 7 .....
21 (17) Academic and/or vocational.
22 (A) Inmate likely to have stable
23 employment and/or academic-
24 vocational training, no apparent
25 casework service need or inmate
26 and dependents supported by other
27 legitimate means (Social Security,
28 Public Aid, etc.)................ Enter 0
29 (B) It is likely that vocational
30 advancement and/or training referral
31 assistance needs apparent and
32 desired by inmate; brokerage
33 services likely to be indicated
34 and/or utilized.................. Enter 3
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1 (C) Inmate is likely to be resistant
2 to vocational-academic case work
3 services and/or to rely upon
4 inappropriate or illegal means of
5 support.......................... Enter 7 .....
6 (18) Counselor's impression of inmate needs.
7 (A) Low casework service needs....... Enter 1
8 (B) Medium casework service needs.... Enter 4
9 (C) High casework service needs...... Enter 7 .....
10 The Board shall not parole a person eligible for
11 parole if it determines that:
12 (1) there is a substantial risk that he will not
13 conform to reasonable conditions of parole; or
14 (2) his release at that time would deprecate the
15 seriousness of his offense or promote disrespect for the
16 law; or
17 (3) his release would have a substantially adverse
18 effect on institutional discipline.
19 (d) A person committed under the Juvenile Court Act or
20 the Juvenile Court Act of 1987 who has not been sooner
21 released shall be paroled on or before his 20th birthday to
22 begin serving a period of parole under Section 3-3-8.
23 (e) A person who has served the maximum term of
24 imprisonment imposed at the time of sentencing less time
25 credit for good behavior shall be released on parole to serve
26 a period of parole under Section 5-8-1.
27 (f) The Board shall render its decision within 21 days a
28 reasonable time after hearing and shall state the basis
29 therefor both in the records of the Board and in written
30 notice to the person on whose application it has acted. In
31 its decision, the Board shall set the person's time for
32 parole, or if it denies parole it shall provide for a
33 rehearing not less frequently than once every year, except
34 that the Board may, after denying parole, schedule a
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1 rehearing no later than 3 years from the date of the parole
2 denial, if the Board finds that it is not reasonable to
3 expect that parole would be granted at a hearing prior to the
4 scheduled rehearing date. If the Board shall parole a person,
5 and, if he is not released within 90 days from the effective
6 date of the order granting parole, the matter shall be
7 returned to the Board for review.
8 (g) The Board shall maintain a registry of decisions in
9 which parole has been granted, which shall include the name
10 and case number of the prisoner, the highest charge for which
11 the prisoner was sentenced, the length of sentence imposed,
12 the date of the sentence, the date of the parole, the basis
13 for the decision of the Board to grant parole and the vote of
14 the Board on any such decisions. The registry shall be made
15 available for public inspection and copying during business
16 hours and shall be a public record pursuant to the provisions
17 of the Freedom of Information Act.
18 (h) The Board shall promulgate rules regarding the
19 exercise of its discretion under this Section.
20 (Source: P.A. 91-798, eff. 7-9-00.)
21 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
22 Sec. 3-3-8. Length of parole and mandatory supervised
23 release; discharge.)
24 (a) The length of parole for a person sentenced under
25 the law in effect prior to the effective date of this
26 amendatory Act of 1977 and the length of mandatory supervised
27 release for those sentenced under the law in effect on and
28 after such effective date shall be as set out in Section
29 5-8-1 unless sooner terminated under paragraph (b) of this
30 Section. The parole period of a juvenile committed to the
31 Department under the Juvenile Court Act or the Juvenile Court
32 Act of 1987 shall extend until he is 21 years of age unless
33 sooner terminated under paragraph (b) of this Section.
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1 (b) The Prisoner Review Board may enter an order
2 releasing and discharging one from parole or mandatory
3 supervised release, and his commitment to the Department,
4 when it determines that he is likely to remain at liberty
5 without committing another offense.
6 (b-5) The Prisoner Review Board shall enter an order
7 releasing a person who is eligible for parole from
8 confinement in a correctional institution or facility,
9 regardless of the Parole Risk Assessment Instruments, if in
10 the assessment of a physician licensed to practice medicine
11 in all of its branches the person is terminally ill and would
12 not pose a threat of causing death or great bodily injury to
13 another person if released.
14 (c) The order of discharge shall become effective upon
15 entry of the order of the Board. The Board shall notify the
16 clerk of the committing court of the order. Upon receipt of
17 such copy, the clerk shall make an entry on the record
18 judgment that the sentence or commitment has been satisfied
19 pursuant to the order.
20 (d) Rights of the person discharged under this Section
21 shall be restored under Section 5-5-5. This Section is
22 subject to Section 5-750 of the Juvenile Court Act of 1987.
23 (Source: P.A. 90-590, eff. 1-1-99.)
24 Section 99. Effective date. This Act takes effect July
25 1, 2001.".