730 ILCS 105/ Open Parole Hearings Act.

State Codes and Statutes

Statutes > Illinois > Chapter730 > 2000

(730 ILCS 105/1) (from Ch. 38, par. 1651)
Sec. 1. Short title. This Act may be cited as the Open Parole Hearings Act.
(Source: P.A. 87‑224.)

    (730 ILCS 105/5) (from Ch. 38, par. 1655)
    Sec. 5. Definitions. As used in this Act:
    (a) "Applicant" means an inmate who is being considered for parole by the Prisoner Review Board.
    (b) "Board" means the Prisoner Review Board as established in Section 3‑3‑1 of the Unified Code of Corrections.
    (c) "Parolee" means a person subject to parole revocation proceedings.

(d) "Parole hearing" means the formal hearing and determination of an inmate being considered for release from incarceration on community supervision.

(e) "Parole or mandatory supervised release revocation hearing" means the formal hearing and determination of allegations that a parolee or mandatory supervised releasee has violated the conditions of his or her release agreement.

(f) "Victim" means a victim or witness of a violent crime as defined in subsection (a) of Section 3 of the Bill of Rights for Victims and Witnesses of Violent Crime Act.

(g) "Violent crime" means a crime defined in subsection (c) of Section 3 of the Bill of Rights for Victims and Witnesses of Violent Crime Act.

(Source: P.A. 87‑224.)

    (730 ILCS 105/10) (from Ch. 38, par. 1660)
    Sec. 10. Victim's statements.

(a) Upon request of the victim, the State's Attorney shall forward a copy of any statement presented at the time of trial to the Prisoner Review Board to be considered at the time of a parole hearing.

(b) The victim may enter a statement either oral, written, on video tape, or other electronic means in the form and manner described by the Prisoner Review Board to be considered at the time of a parole consideration hearing.

(Source: P.A. 87‑224.)

    (730 ILCS 105/15) (from Ch. 38, par. 1665)
    Sec. 15. Open hearings.

(a) The Board may restrict the number of individuals allowed to attend parole or parole revocation hearings in accordance with physical limitations, security requirements of the hearing facilities or those giving repetitive or cumulative testimony.

(b) The Board may deny admission or continued attendance at parole or parole revocation hearings to individuals who:
(1) threaten or present danger to the security of

the institution in which the hearing is being held;

(2) threaten or present a danger to other attendees

or participants; or

(3) disrupt the hearing.

(c) Upon formal action of a majority of the Board members present, the Board may close parole and parole revocation hearings in order to:

(1) deliberate upon the oral testimony and any other

relevant information received from applicants, parolees, victims, or others; or

(2) provide applicants and parolees the opportunity

to challenge information other than that which if the person's identity were to be exposed would possibly subject them to bodily harm or death, which they believe detrimental to their parole determination hearing or revocation proceedings.

(Source: P.A. 87‑224.)

(730 ILCS 105/20) (from Ch. 38, par. 1670)
Sec. 20. Finality of Board decisions.

A Board decision concerning parole or parole revocation shall be final at the time the decision is delivered to the inmate, subject to any rehearing granted under Board rules.

(Source: P.A. 87‑224.)

    (730 ILCS 105/25) (from Ch. 38, par. 1675)
    Sec. 25. Notification of future parole hearings.

(a) The Board shall notify the State's Attorney of the committing county of the pending hearing and the victim of all forthcoming parole hearings at least 15 days in advance. Written notification shall contain:

        (1) notification of the place of the hearing;
        (2) the date and approximate time of the hearing;
        (3) their right to enter a statement, to appear in

person, and to submit other information by video tape, tape recording, or other electronic means in the form and manner described by the Board or if a victim of a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, by calling the toll‑free number established in subsection (f) of that Section.

Notification to the victims shall be at the last known address of the victim. It shall be the responsibility of the victim to notify the board of any changes in address and name.

(b) However, at any time the victim may request by a written certified statement that the Prisoner Review Board stop sending notice under this Section.

(c) (Blank).

(d) No later than 7 days after a parole hearing the Board shall send notice of its decision to the State's Attorney and victim. If parole is denied, the Board shall within a reasonable period of time notify the victim of the month and year of the next scheduled hearing.

(Source: P.A. 93‑235, eff. 7‑22‑03.)

(730 ILCS 105/30) (from Ch. 38, par. 1680)
Sec. 30. Board rules. Within 90 days of the effective date of this Act, the Board may develop rules in accordance with this Act.
(Source: P.A. 87‑224.)

    (730 ILCS 105/35) (from Ch. 38, par. 1685)
    Sec. 35. Victim impact statements.
    (a) The Board shall receive and consider victim impact statements.

(b) Written victim impact statements shall not be considered public documents under provisions of the Freedom of Information Act.

(c) The inmate or his attorney shall be informed of the existence of a victim impact statement and its contents under provisions of Board rules. This shall not be construed to permit disclosure to an inmate of any information which might result in the risk of threats or physical harm to a victim or complaining witness.

(d) The inmate shall be given the opportunity to answer a victim impact statement, either orally or in writing.
(e) All written victim impact statements shall be part of the applicant's or parolee's parole file.
(Source: P.A. 87‑224.)

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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