Bill Text: IL HB4870 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the organization of the Department of Corrections and the Department of Juvenile Justice.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4870 Detail]

Download: Illinois-2013-HB4870-Amended.html

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Rep. John M. Cabello

Filed: 3/26/2014

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AMENDMENT TO HOUSE BILL 4870
AMENDMENT NO. ______. Amend House Bill 4870 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Section 3-3-5 as follows:
(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
Sec. 3-3-5. Hearing and Determination.
(a) The Prisoner Review Board shall meet as often as need
requires to consider the cases of persons eligible for parole
and aftercare release. Except as otherwise provided in
paragraph (2) of subsection (a) of Section 3-3-2 of this Act,
the Prisoner Review Board may meet and order its actions in
panels of 3 or more members. The action of a majority of the
panel shall be the action of the Board. In consideration of
persons committed to the Department of Juvenile Justice, the
panel shall have at least a majority of members experienced in

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juvenile matters.
(b) If the person under consideration for parole or
aftercare release is in the custody of the Department, at least
one member of the Board shall interview him or her, and a
report of that interview shall be available for the Board's
consideration. However, in the discretion of the Board, the
interview need not be conducted if a psychiatric examination
determines that the person could not meaningfully contribute to
the Board's consideration. The Board may in its discretion
parole or release on aftercare a person who is then outside the
jurisdiction on his or her record without an interview. The
Board need not hold a hearing or interview a person who is
paroled or released on aftercare under paragraphs (d) or (e) of
this Section or released on Mandatory release under Section
3-3-10.
(c) The Board shall not parole or release a person eligible
for parole or aftercare release if it determines that:
(1) there is a substantial risk that he or she will not
conform to reasonable conditions of parole or aftercare
release; or
(2) his or her release at that time would deprecate the
seriousness of his or her offense or promote disrespect for
the law; or
(3) his or her release would have a substantially
adverse effect on institutional discipline.
(d) A person committed under the Juvenile Court Act or the

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Juvenile Court Act of 1987 who has not been sooner released
shall be released on aftercare on or before his or her 20th
birthday to begin serving a period of aftercare release under
Section 3-3-8.
(e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time credit
for good behavior shall be released on parole to serve a period
of parole under Section 5-8-1.
(f) The Board shall render its decision within a reasonable
time after hearing and shall state the basis therefor both in
the records of the Board and in written notice to the person on
whose application it has acted. In its decision, the Board
shall set the person's time for parole or aftercare release, or
if it denies parole or aftercare release it shall provide for a
rehearing not less frequently than once every year, except that
the Board may, after denying parole, schedule a rehearing no
later than 5 years from the date of the parole denial, if the
Board finds that it is not reasonable to expect that parole
would be granted at a hearing prior to the scheduled rehearing
date. If the Board shall parole or release a person, and, if he
or she is not released within 90 days from the effective date
of the order granting parole or aftercare release, the matter
shall be returned to the Board for review.
(f-1) If the Board paroles or releases a person who is
eligible for commitment as a sexually violent person, the
effective date of the Board's order shall be stayed for 90 days

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for the purpose of evaluation and proceedings under the
Sexually Violent Persons Commitment Act.
(g) The Board shall maintain a registry of decisions in
which parole has been granted, which shall include the name and
case number of the prisoner, the highest charge for which the
prisoner was sentenced, the length of sentence imposed, the
date of the sentence, the date of the parole, and the basis for
the decision of the Board to grant parole and the vote of the
Board on any such decisions. The registry shall be made
available for public inspection and copying during business
hours and shall be a public record pursuant to the provisions
of the Freedom of Information Act.
(h) The Board shall promulgate rules regarding the exercise
of its discretion under this Section.
(Source: P.A. 97-522, eff. 1-1-12; 97-1075, eff. 8-24-12;
98-558, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.".