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92_HB3782
LRB9213167RCcd
1 AN ACT concerning parole.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended
5 by changing Sections 3-3-2, 3-3-4, 3-3-5, and 3-3-8 as
6 follows:
7 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
8 Sec. 3-3-2. Powers and Duties.
9 (a) The Parole and Pardon Board is abolished and the
10 term "Parole and Pardon Board" as used in any law of
11 Illinois, shall read "Prisoner Review Board." After the
12 effective date of this amendatory Act of 1977, the Prisoner
13 Review Board shall provide by rule for the orderly transition
14 of all files, records, and documents of the Parole and Pardon
15 Board and for such other steps as may be necessary to effect
16 an orderly transition and shall:
17 (1) hear and decide through a panel of 3 members by
18 at least one member and through a panel of at least 3
19 members decide, cases of prisoners who were sentenced
20 under the law in effect prior to the effective date of
21 this amendatory Act of 1977, and who are eligible for
22 parole;
23 (2) hear by at least one member and through a panel
24 of at least 3 members decide, the conditions of parole
25 and the time of discharge from parole, impose sanctions
26 for violations of parole, and revoke parole for those
27 sentenced under the law in effect prior to this
28 amendatory Act of 1977; provided that the decision to
29 parole and the conditions of parole for all prisoners who
30 were sentenced for first degree murder or who received a
31 minimum sentence of 20 years or more under the law in
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1 effect prior to February 1, 1978 shall be determined by a
2 majority vote of the Prisoner Review Board;
3 (3) hear by at least one member and through a panel
4 of at least 3 members decide, the conditions of mandatory
5 supervised release and the time of discharge from
6 mandatory supervised release, impose sanctions for
7 violations of mandatory supervised release, and revoke
8 mandatory supervised release for those sentenced under
9 the law in effect after the effective date of this
10 amendatory Act of 1977;
11 (4) hear by at least 1 member and through a panel
12 of at least 3 members, decide cases brought by the
13 Department of Corrections against a prisoner in the
14 custody of the Department for alleged violation of
15 Department rules with respect to good conduct credits
16 pursuant to Section 3-6-3 of this Code in which the
17 Department seeks to revoke good conduct credits, if the
18 amount of time at issue exceeds 30 days or when, during
19 any 12 month period, the cumulative amount of credit
20 revoked exceeds 30 days except where the infraction is
21 committed or discovered within 60 days of scheduled
22 release. In such cases, the Department of Corrections may
23 revoke up to 30 days of good conduct credit. The Board
24 may subsequently approve the revocation of additional
25 good conduct credit, if the Department seeks to revoke
26 good conduct credit in excess of thirty days. However,
27 the Board shall not be empowered to review the
28 Department's decision with respect to the loss of 30 days
29 of good conduct credit for any prisoner or to increase
30 any penalty beyond the length requested by the
31 Department;
32 (5) hear by at least one member and through a panel
33 of at least 3 members decide, the release dates for
34 certain prisoners sentenced under the law in existence
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1 prior to the effective date of this amendatory Act of
2 1977, in accordance with Section 3-3-2.1 of this Code;
3 (6) hear by at least one member and through a panel
4 of at least 3 members decide, all requests for pardon,
5 reprieve or commutation, and make confidential
6 recommendations to the Governor;
7 (7) comply with the requirements of the Open Parole
8 Hearings Act; and
9 (8) hear by at least one member and, through a
10 panel of at least 3 members, decide cases brought by the
11 Department of Corrections against a prisoner in the
12 custody of the Department for court dismissal of a
13 frivolous lawsuit pursuant to Section 3-6-3(d) of this
14 Code in which the Department seeks to revoke up to 180
15 days of good conduct credit, and if the prisoner has not
16 accumulated 180 days of good conduct credit at the time
17 of the dismissal, then all good conduct credit
18 accumulated by the prisoner shall be revoked.
19 (a-5) The Prisoner Review Board, with the cooperation of
20 and in coordination with the Department of Corrections and
21 the Department of Central Management Services, shall
22 implement a pilot project in 3 correctional institutions
23 providing for the conduct of hearings under paragraphs (1)
24 and (4) of subsection (a) of this Section through interactive
25 video conferences. The project shall be implemented within 6
26 months after the effective date of this amendatory Act of
27 1996. Within 6 months after the implementation of the pilot
28 project, the Prisoner Review Board, with the cooperation of
29 and in coordination with the Department of Corrections and
30 the Department of Central Management Services, shall report
31 to the Governor and the General Assembly regarding the use,
32 costs, effectiveness, and future viability of interactive
33 video conferences for Prisoner Review Board hearings.
34 (b) Upon recommendation of the Department the Board may
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1 restore good conduct credit previously revoked.
2 (c) The Board shall cooperate with the Department in
3 promoting an effective system of parole and mandatory
4 supervised release.
5 (d) The Board shall promulgate rules for the conduct of
6 its work, and the Chairman shall file a copy of such rules
7 and any amendments thereto with the Director and with the
8 Secretary of State.
9 (e) The Board shall keep records of all of its official
10 actions and shall make them accessible in accordance with law
11 and the rules of the Board.
12 (f) The Board or one who has allegedly violated the
13 conditions of his parole or mandatory supervised release may
14 require by subpoena the attendance and testimony of witnesses
15 and the production of documentary evidence relating to any
16 matter under investigation or hearing. The Chairman of the
17 Board may sign subpoenas which shall be served by any agent
18 or public official authorized by the Chairman of the Board,
19 or by any person lawfully authorized to serve a subpoena
20 under the laws of the State of Illinois. The attendance of
21 witnesses, and the production of documentary evidence, may be
22 required from any place in the State to a hearing location in
23 the State before the Chairman of the Board or his designated
24 agent or agents or any duly constituted Committee or
25 Subcommittee of the Board. Witnesses so summoned shall be
26 paid the same fees and mileage that are paid witnesses in the
27 circuit courts of the State, and witnesses whose depositions
28 are taken and the persons taking those depositions are each
29 entitled to the same fees as are paid for like services in
30 actions in the circuit courts of the State. Fees and mileage
31 shall be vouchered for payment when the witness is discharged
32 from further attendance.
33 In case of disobedience to a subpoena, the Board may
34 petition any circuit court of the State for an order
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1 requiring the attendance and testimony of witnesses or the
2 production of documentary evidence or both. A copy of such
3 petition shall be served by personal service or by registered
4 or certified mail upon the person who has failed to obey the
5 subpoena, and such person shall be advised in writing that a
6 hearing upon the petition will be requested in a court room
7 to be designated in such notice before the judge hearing
8 motions or extraordinary remedies at a specified time, on a
9 specified date, not less than 10 nor more than 15 days after
10 the deposit of the copy of the written notice and petition in
11 the U.S. mails addressed to the person at his last known
12 address or after the personal service of the copy of the
13 notice and petition upon such person. The court upon the
14 filing of such a petition, may order the person refusing to
15 obey the subpoena to appear at an investigation or hearing,
16 or to there produce documentary evidence, if so ordered, or
17 to give evidence relative to the subject matter of that
18 investigation or hearing. Any failure to obey such order of
19 the circuit court may be punished by that court as a contempt
20 of court.
21 Each member of the Board and any hearing officer
22 designated by the Board shall have the power to administer
23 oaths and to take the testimony of persons under oath.
24 (g) Except under subsection (a) of this Section, a
25 majority of the members then appointed to the Prisoner Review
26 Board shall constitute a quorum for the transaction of all
27 business of the Board.
28 (h) The Prisoner Review Board shall annually transmit to
29 the Director a detailed report of its work for the preceding
30 calendar year. The annual report shall also be transmitted to
31 the Governor for submission to the Legislature.
32 (Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00;
33 91-946, eff. 2-9-01.)
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1 (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
2 Sec. 3-3-4. Preparation for Parole Hearing.
3 (a) The Prisoner Review Board shall consider the parole
4 of each eligible person committed to the Adult Division at
5 least 30 days prior to the date he shall first become
6 eligible for parole, and shall consider the parole of each
7 person committed to the Juvenile Division as a delinquent at
8 least 30 days prior to the expiration of the first year of
9 confinement.
10 (b) A person eligible for parole shall, in advance of
11 his parole hearing, prepare a parole plan in accordance with
12 the rules of the Prisoner Review Board. The person shall be
13 assisted in preparing his parole plan by personnel of the
14 Department and may, for this purpose, be released on furlough
15 under Article 11 or on authorized absence under Section
16 3-9-4. The Department shall also provide assistance in
17 obtaining information and records helpful to the individual
18 for his parole hearing.
19 (c) The members of the Board shall have access at all
20 reasonable times to any committed person and to his master
21 record file within the Department, and the Department shall
22 furnish such reports to the Board as the Board may require
23 concerning the conduct and character of any such person.
24 (d) In making its determination of parole, with use of
25 the Parole Release Risk Assessment Instruments, the Board
26 shall consider:
27 (1) material transmitted to the Department by the
28 clerk of the committing court under Section 5-4-1 or
29 Section 5-10 of the Juvenile Court Act or Section 5-750
30 of the Juvenile Court Act of 1987;
31 (2) the report under Section 3-8-2 or 3-10-2;
32 (3) a report by the Department and any report by
33 the chief administrative officer of the institution or
34 facility;
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1 (4) a parole progress report;
2 (5) a medical and psychological report, if
3 requested by the Board;
4 (6) material in writing, or on film, video tape or
5 other electronic means in the form of a recording
6 submitted by the person whose parole is being considered;
7 and
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
11 victim pursuant to the Bill of Rights of Crime for
12 Victims and Witnesses of Violent Crime Act.
13 (e) The prosecuting State's Attorney's office shall
14 receive reasonable written notice not less than 15 days prior
15 to the parole hearing and may submit relevant information in
16 writing, or on film, video tape or other electronic means or
17 in the form of a recording to the Board for its
18 consideration. The State's Attorney may waive the written
19 notice.
20 (f) The victim of the violent crime for which the
21 prisoner has been sentenced shall receive notice of a parole
22 hearing as provided in paragraph (4) of subsection (d) (16)
23 of Section 4.5 of 4 of the Bill of Rights of Crime for
24 Victims and Witnesses of Violent Crime Act.
25 (g) Any recording considered under the provisions of
26 subsection (d)(6), (d)(7) or (e) of this Section shall be in
27 the form designated by the Board. Such recording shall be
28 both visual and aural. Every voice on the recording and
29 person present shall be identified and the recording shall
30 contain either a visual or aural statement of the person
31 submitting such recording, the date of the recording and the
32 name of the person whose parole eligibility is being
33 considered. Such recordings, if retained by the Board shall
34 be deemed to be submitted at any subsequent parole hearing if
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1 the victim or State's Attorney submits in writing a
2 declaration clearly identifying such recording as
3 representing the present position of the victim or State's
4 Attorney regarding the issues to be considered at the parole
5 hearing.
6 (Source: P.A. 90-590, eff. 1-1-99; revised 12-07-01.)
7 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
8 Sec. 3-3-5. Hearing and Determination.
9 (a) The Prisoner Review Board shall meet as often as
10 need requires to consider the cases of persons eligible for
11 parole. Except as otherwise provided in paragraph (2) of
12 subsection (a) of Section 3-3-2 of this Act, The Prisoner
13 Review Board may meet and order its actions in panels of 3 or
14 more members. The action of a majority of the panel shall be
15 the action of the Board. In consideration of persons
16 committed to the Juvenile Division, the panel shall have at
17 least a majority of members experienced in juvenile matters.
18 (b) If the person under consideration for parole is in
19 the custody of the Department, a panel of 3 members at least
20 one member of the Board shall interview him, and a report of
21 that interview shall be available for the Board's
22 consideration. However, in the discretion of the Board, the
23 interview need not be conducted if a psychiatric examination
24 determines that the person could not meaningfully contribute
25 to the Board's consideration. The Board may in its discretion
26 parole a person who is then outside the jurisdiction on his
27 record without an interview. The Board need not hold a
28 hearing or interview a person who is paroled under paragraphs
29 (d) or (e) of this Section or released on Mandatory release
30 under Section 3-3-10.
31 (c) Following the hearing the parole release panel shall
32 adjourn into a conference. In conference the panel shall
33 discuss all evidence and testimony received and shall
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1 exchange views concerning the weight and credibility to be
2 given the evidence considered before application of Parole
3 Release Risk Assessment Instruments. Following the
4 conference, the parole release panel shall total the scores
5 of the Parole Release Risk Assessment Instrument. A score of
6 39 or less classifies the parole applicant as an acceptable
7 risk, and parole shall be granted. A score of 40 or more
8 classifies the parole applicant as an unacceptable risk, and
9 parole shall be denied unless the score is overridden by a
10 majority vote of the panel. When parole is denied a
11 rationale shall be prepared by at least one member of the
12 panel that states which elements of the Parole Release Risk
13 Assessment Instruments serve as the basis for denial and that
14 must change so that the parole applicant becomes an
15 Acceptable Risk. The Board shall arrive at the parole release
16 decision based on use of objective risk assessment
17 instruments and as an exercise of grace and executing
18 discretion as limited and defined in subsection (b-5) of
19 Section 3-3-8. The Board shall parole persons receiving a
20 total score of 39 or less on the Parole Release Risk
21 Assessment Instrument, and shall not parole those receiving a
22 score of 40 or more unless the score is overridden by a
23 majority vote of the parole release panel.
24 In determining whether to grant or deny parole, the Board
25 shall determine whether the parole applicant is an Acceptable
26 Risk, and the Instrument it uses shall include factors
27 evident from the inmate's prior history, committing offense,
28 institutional adjustment, and parole plan, and
29 rehabilitation, as contained in the Parole Release Risk
30 Assessment Instrument as follows:
31 (1) Total number of adjudications as a delinquent minor.
32 (A) None............................. Enter 0
33 (B) One.............................. Enter 1
34 Two or more........................... Enter 3 .....
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1 (2) Total number of prior probation/parole
2 /release revocations.
3 (A) one.............................. Enter 0
4 (B) One or more...................... Enter 2 .....
5 (3) Record of convictions or adjudications
6 for selected offenses (include current
7 offense).
8 (A) None of the below................ Enter 0
9 (B) Forgery, deceptive practices..... Enter 1
10 (C) Other property, assaultive, or
11 weapons offense.................. Enter 2
12 (D) Burglary......................... Enter 3 .....
13 (4) Age at first conviction or
14 adjudication.
15 (A) 19 years or less................. Enter 0
16 (B) 20-23 years...................... Enter 1
17 (C) 24 years or older................ Enter 2 .....
18 (5) Compliance with the conditions of
19 the institution (Last 15 years).
20 (A) Total major tickets 0-3.......... Enter 0
21 (B) Total major tickets 4-10......... Enter 2
22 (C) Total tickets ll+ or any one of
23 these tickets (escape, gang
24 activity, murder/death,
25 dangerous disturbance, assault,
26 forced sexual, misconduct
27 or arson)........................ Enter 4 .....
28 (6) Percent of time employed/in
29 training/in school-current (in
30 institution) or percent of time
31 employed/in training/in school
32 immediately prior to incarceration.
33 (A) 60% or more...................... Enter 0
34 (B) 40-59%........................... Enter 1
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1 (C) Under 40%........................ Enter 2
2 (D) Other............................ Enter 0 .....
3 (7) Interpersonal problems in current
4 and/or previous living situation.
5 (A) None............................. Enter 0
6 (B) Few.............................. Enter 1
7 (C) Moderate......................... Enter 3
8 (D) Severe........................... Enter 5 .....
9 (8) Social interaction.
10 (A) Mainly with non-gang or
11 non-criminally oriented
12 groups/individuals............... Enter 0
13 (B) Mainly with gang or criminally
14 oriented groups/individuals Enter 3 .....
15 (9) Counselor's appraisal of inmate's
16 attitude.
17 (A) Sincere desire to behave
18 responsibly...................... Enter 0
19 (B) Dependent or irresponsible....... Enter 3
20 (C) No indication of motivation to
21 behave responsibly............... Enter 5 .....
22 (10) Likelihood of basic human needs
23 after release.
24 (A) Adequate food, shelter, and
25 clothing for inmate and
26 dependents is likely............. Enter 0
27 (B) Appropriate referrals for
28 assistance in ensuring that basic
29 needs are satisfied will be needed
30 - follow-up will be necessary.... Enter 3
31 (C) Critical Problems - inmate and
32 dependents will lack basic life
33 essentials - urgent referral and
34 monitoring will be necessary..... Enter 7 .....
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1 (11) Likelihood of living arrangements
2 after release.
3 (A) Stable and supportive relationships
4 with family or others in living
5 group is likely.................. Enter 0
6 (B) Inmate likely to live alone or
7 independently within another
8 household........................ Enter 1
9 (C) Inmate likely to experience
10 occasional, moderate
11 interpersonal problems with
12 living group..................... Enter 3
13 (D) Inmate likely to experience
14 frequent and serious interpersonal
15 problems within living group.......... Enter 6 .....
16 (12) Emotional stability.
17 (A) no symptoms of emotional
18 instability, appropriate
19 emotional responses.............. Enter 0
20 (B) Symptoms limit, but do not
21 prohibit adequate functions, e.g.,
22 excessive anxiety................ Enter 4 .....
23 (13) Symptoms prohibit adequate
24 functioning, e.g., lashes out or
25 retreats into self.................... Enter 8 .....
26 (14) Mental capacity.
27 (A) No documented mental retardation,
28 learning disability, or other
29 developmental disability.............. Enter 0
30 (B) Documented mental retardation,
31 learning disability, or other
32 developmental disability.............. Enter 6 .....
33 (15) History of and/or current substance
34 abuse (alcohol or drugs).
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1 (A) No evidence of problems related
2 to substance abuse.................... Enter 0
3 (B) Evidence of a pattern of substance
4 abuse indicates a counseling/monitoring
5 and/or referral need required......... Enter 4 .....
6 (16) Evidence of serious substance
7 abuse problems - intensive casework
8 services.............................. Enter 7 .....
9 (17) Academic and/or vocational.
10 (A) Inmate likely to have stable
11 employment and/or academic-
12 vocational training, no apparent
13 casework service need or inmate
14 and dependents supported by other
15 legitimate means (Social Security,
16 Public Aid, etc.)................ Enter 0
17 (B) It is likely that vocational
18 advancement and/or training referral
19 assistance needs apparent and
20 desired by inmate; brokerage
21 services likely to be indicated
22 and/or utilized.................. Enter 3
23 (C) Inmate is likely to be resistant
24 to vocational-academic case work
25 services and/or to rely upon
26 inappropriate or illegal means of
27 support.......................... Enter 7 .....
28 (18) Counselor's impression of inmate needs.
29 (A) Low casework service needs....... Enter 1
30 (B) Medium casework service needs.... Enter 4
31 (C) High casework service needs...... Enter 7 .....
32 The Board shall not parole a person eligible for
33 parole if it determines that:
34 (1) there is a substantial risk that he will not
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1 conform to reasonable conditions of parole; or
2 (2) his release at that time would deprecate the
3 seriousness of his offense or promote disrespect for the
4 law; or
5 (3) his release would have a substantially adverse
6 effect on institutional discipline.
7 (d) A person committed under the Juvenile Court Act or
8 the Juvenile Court Act of 1987 who has not been sooner
9 released shall be paroled on or before his 20th birthday to
10 begin serving a period of parole under Section 3-3-8.
11 (e) A person who has served the maximum term of
12 imprisonment imposed at the time of sentencing less time
13 credit for good behavior shall be released on parole to serve
14 a period of parole under Section 5-8-1.
15 (f) The Board shall render its decision within 21 days a
16 reasonable time after hearing and shall state the basis
17 therefor both in the records of the Board and in written
18 notice to the person on whose application it has acted. In
19 its decision, the Board shall set the person's time for
20 parole, or if it denies parole it shall provide for a
21 rehearing not less frequently than once every year, except
22 that the Board may, after denying parole, schedule a
23 rehearing no later than 3 years from the date of the parole
24 denial, if the Board finds that it is not reasonable to
25 expect that parole would be granted at a hearing prior to the
26 scheduled rehearing date. If the Board shall parole a person,
27 and, if he is not released within 90 days from the effective
28 date of the order granting parole, the matter shall be
29 returned to the Board for review.
30 (g) The Board shall maintain a registry of decisions in
31 which parole has been granted, which shall include the name
32 and case number of the prisoner, the highest charge for which
33 the prisoner was sentenced, the length of sentence imposed,
34 the date of the sentence, the date of the parole, the basis
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1 for the decision of the Board to grant parole and the vote of
2 the Board on any such decisions. The registry shall be made
3 available for public inspection and copying during business
4 hours and shall be a public record pursuant to the provisions
5 of the Freedom of Information Act.
6 (h) The Board shall promulgate rules regarding the
7 exercise of its discretion under this Section.
8 (Source: P.A. 91-798, eff. 7-9-00; 91-946, eff. 2-9-01.)
9 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
10 Sec. 3-3-8. Length of parole and mandatory supervised
11 release; discharge.)
12 (a) The length of parole for a person sentenced under
13 the law in effect prior to the effective date of this
14 amendatory Act of 1977 and the length of mandatory supervised
15 release for those sentenced under the law in effect on and
16 after such effective date shall be as set out in Section
17 5-8-1 unless sooner terminated under paragraph (b) of this
18 Section. The parole period of a juvenile committed to the
19 Department under the Juvenile Court Act or the Juvenile Court
20 Act of 1987 shall extend until he is 21 years of age unless
21 sooner terminated under paragraph (b) of this Section.
22 (b) The Prisoner Review Board may enter an order
23 releasing and discharging one from parole or mandatory
24 supervised release, and his commitment to the Department,
25 when it determines that he is likely to remain at liberty
26 without committing another offense.
27 (b-5) The Prisoner Review Board shall enter an order
28 releasing a person who is eligible for parole from
29 confinement in a correctional institution or facility,
30 regardless of the Parole Risk Assessment Instruments, if in
31 the assessment of a physician licensed to practice medicine
32 in all of its branches the person is terminally ill and would
33 not pose a threat of causing death or great bodily injury to
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1 another person if released.
2 (c) The order of discharge shall become effective upon
3 entry of the order of the Board. The Board shall notify the
4 clerk of the committing court of the order. Upon receipt of
5 such copy, the clerk shall make an entry on the record
6 judgment that the sentence or commitment has been satisfied
7 pursuant to the order.
8 (d) Rights of the person discharged under this Section
9 shall be restored under Section 5-5-5. This Section is
10 subject to Section 5-750 of the Juvenile Court Act of 1987.
11 (Source: P.A. 90-590, eff. 1-1-99.)
12 Section 99. Effective date. This Act takes effect July
13 1, 2001.