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92_HB4330eng HB4330 Engrossed LRB9215316LBcs 1 AN ACT in relation to criminal law. 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 by 5 changing Section 3-3-5 as follows: 6 (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5) 7 Sec. 3-3-5. Hearing and Determination. 8 (a) The Prisoner Review Board shall meet as often as 9 need requires to consider the cases of persons eligible for 10 parole. Except as otherwise provided in paragraph (2) of 11 subsection (a) of Section 3-3-2 of this Act, the Prisoner 12 Review Board may meet and order its actions in panels of 3 or 13 more members. The action of a majority of the panel shall be 14 the action of the Board. In consideration of persons 15 committed to the Juvenile Division, the panel shall have at 16 least a majority of members experienced in juvenile matters. 17 (b) If the person under consideration for parole is in 18 the custody of the Department, at least one member of the 19 Board shall interview him, and a report of that interview 20 shall be available for the Board's consideration. However, 21 in the discretion of the Board, the interview need not be 22 conducted if a psychiatric examination determines that the 23 person could not meaningfully contribute to the Board's 24 consideration. The Board may in its discretion parole a 25 person who is then outside the jurisdiction on his record 26 without an interview. The Board need not hold a hearing or 27 interview a person who is paroled under paragraphs (d) or (e) 28 of this Section or released on Mandatory release under 29 Section 3-3-10. 30 (c) The Board shall not parole a person eligible for 31 parole if it determines that: HB4330 Engrossed -2- LRB9215316LBcs 1 (1) there is a substantial risk that he will not 2 conform to reasonable conditions of parole; or 3 (2) his release at that time would deprecate the 4 seriousness of his offense or promote disrespect for the 5 law; or 6 (3) his release would have a substantially adverse 7 effect on institutional discipline. 8 (d) A person committed under the Juvenile Court Act or 9 the Juvenile Court Act of 1987 who has not been sooner 10 released shall be paroled on or before his 20th birthday to 11 begin serving a period of parole under Section 3-3-8. 12 (e) A person who has served the maximum term of 13 imprisonment imposed at the time of sentencing less time 14 credit for good behavior shall be released on parole to serve 15 a period of parole under Section 5-8-1. 16 (f) The Board shall render its decision within a 17 reasonable time after hearing and shall state the basis 18 therefor both in the records of the Board and in written 19 notice to the person on whose application it has acted. In 20 its decision, the Board shall set the person's time for 21 parole, or if it denies parole it shall provide for a 22 rehearing not less frequently than once every year, except 23 that the Board may, after denying parole, schedule a 24 rehearing no later than 53years from the date of the parole 25 denial, if the Board finds that it is not reasonable to 26 expect that parole would be granted at a hearing prior to the 27 scheduled rehearing date. If the Board shall parole a person, 28 and, if he is not released within 90 days from the effective 29 date of the order granting parole, the matter shall be 30 returned to the Board for review. 31 (g) The Board shall maintain a registry of decisions in 32 which parole has been granted, which shall include the name 33 and case number of the prisoner, the highest charge for which 34 the prisoner was sentenced, the length of sentence imposed, HB4330 Engrossed -3- LRB9215316LBcs 1 the date of the sentence, the date of the parole, the basis 2 for the decision of the Board to grant parole and the vote of 3 the Board on any such decisions. The registry shall be made 4 available for public inspection and copying during business 5 hours and shall be a public record pursuant to the provisions 6 of the Freedom of Information Act. 7 (h) The Board shall promulgate rules regarding the 8 exercise of its discretion under this Section. 9 (Source: P.A. 91-798, eff. 7-9-00; 91-946, eff. 2-9-01.)