Open Parole Hearings Act.

  1. Law
  2. Illinois Compiled Statutes
  3. CORRECTIONS
  4. Open Parole Hearings Act.

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(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.

(a-1) "Aftercare releasee" means a person released from the Department of Juvenile Justice on aftercare release subject to aftercare revocation proceedings.

(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 parole, including medical release hearings pursuant to Section 3-3-14.

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

(f) "Victim" means a victim or witness of a violent crime as defined in subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act, or any person legally related to the victim by blood, marriage, adoption, or guardianship, or any friend of the victim, or any concerned citizen.

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

(Source: P.A. 102-494, eff. 1-1-22; 102-558, eff. 8-20-21.)

 

(730 ILCS 105/10) (from Ch. 38, par. 1660)

Sec. 10. Victim statements.

(a) The Board shall receive and consider victim statements.

(a-5) Pursuant to paragraph (19) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act, 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 has the right to submit a victim statement for consideration by the Prisoner Review Board in writing, on film, videotape, or other electronic means, or in the form of a recording prior to the parole hearing, or orally at the parole hearing, or by calling the toll-free number established in subsection (f) of Section 4.5 of the Rights of Crime Victims and Witnesses Act. Victim statements shall not be considered public documents under provisions of the Freedom of Information Act.

(b-5) Other than as provided in subsection (c), the Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person that contains any information from a victim who has provided a victim statement to the Board, unless provided with a waiver from that victim. The Board shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system. Victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public.

(c) The inmate or his or her attorney shall be informed of the existence of a victim 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 statement, either orally or in writing.

(e) All victim statements, except if the statement was an oral statement made by the victim at a hearing open to the public, shall be part of the applicant's, releasee's, or parolee's parole file.

(Source: P.A. 101-288, eff. 1-1-20.)

 

(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 or aftercare release revocation hearings in accordance with physical limitations, security requirements of the hearing facilities or those giving repetitive or cumulative testimony. The Board may also restrict attendance at an aftercare release or aftercare release revocation hearing in order to protect the confidentiality of the youth.

(b) The Board may deny admission or continued attendance at parole hearings, or parole or aftercare release 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 hearings and parole or aftercare release revocation hearings in order to:

  • (1) deliberate upon the oral testimony and any other relevant information received from applicants, parolees, releasees, victims, or others; or
  • (2) provide applicants, releasees, 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. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)

 

(730 ILCS 105/20) (from Ch. 38, par. 1670)

Sec. 20. Finality of Board decisions. A Board decision concerning parole, or parole or aftercare release 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. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)

 

(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 by calling the toll-free number established in subsection (f) of Section 4.5 of the Rights of Crime Victims and Witnesses Act.

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. 101-288, eff. 1-1-20.)

 

(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. (Repealed).

(Source: P.A. 98-558, eff. 1-1-14. Repealed by P.A. 101-288, eff. 1-1-20.)


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