(a)There shall be a Prisoner Review Board independent of the Department which shall be:
(1)the paroling authority for persons sentenced under the law in effect prior to the effective date of this amendatory Act of 1977; (1.2) the paroling authority for persons eligible for parole review under Section 5-4.5-115; (1.5) (blank);
(2)the board of review for cases involving the revocation of sentence credits or a suspension or reduction in the rate of accumulating the credit;
(3)the board of review and recommendation for the exercise of executive clemency by the Governor;
(4)the authority for establishing release dates for certain prisoners sentenced under the law in existence prior to the effective date of this amendatory Act of 1977, in accordance with Section 3-3-2.1 of this Code;
Free access — add to your briefcase to read the full text and ask questions with AI
(a) There shall be a Prisoner Review Board independent of the Department which shall be: (1) the paroling authority for persons sentenced under the law in effect prior to the effective date of this amendatory Act of 1977; (1.2) the paroling authority for persons eligible for parole review under Section 5-4.5-115; (1.5) (blank); (2) the board of review for cases involving the revocation of sentence credits or a suspension or reduction in the rate of accumulating the credit; (3) the board of review and recommendation for the exercise of executive clemency by the Governor; (4) the authority for establishing release dates for certain prisoners sentenced under the law in existence prior to the effective date of this amendatory Act of 1977, in accordance with Section 3-3-2.1 of this Code; (5) the authority for setting conditions for parole and mandatory supervised release under Section 5-8-1(a) of this Code, and determining whether a violation of those conditions warrant revocation of parole or mandatory supervised release or the imposition of other sanctions; (6) the authority for determining whether a violation of aftercare release conditions warrant revocation of aftercare release; and (7) the authority to release medically infirm or disabled prisoners under Section 3-3-14. (b) The Board shall consist of 15 persons appointed by the Governor by and with the advice and consent of the Senate. One member of the Board shall be designated by the Governor to be Chairman and shall serve as Chairman at the pleasure of the Governor. The members of the Board shall have had at least 5 years of actual experience in the fields of penology, corrections work, advocacy for victims of crime and their families, advocacy for survivors of domestic violence, sexual violence, or intimate partner violence, law enforcement, sociology, law, education, social work, medicine, psychology, other behavioral sciences, or a combination thereof. At least 3 members so appointed must have at least 3 years experience in juvenile matters. A total of 7 members must have at least 5 years' experience as a law enforcement officer, parole officer, prosecutor, criminal defense attorney, or judge. No more than 8 Board members may be members of the same political party. Each member of the Board shall serve on a full-time basis and shall not hold any other salaried public office, whether elective or appointive, nor any other office or position of profit, nor engage in any other business, employment, or vocation. The Chairman of the Board shall receive the same salary as the Chairperson of the Illinois Human Rights Commission, and each other member shall receive the same salary as members of the Illinois Human Rights Commission. The changes made to the salary of the Chairman of the Board and to the salaries of other members of the Board by this amendatory Act of the 104th General Assembly apply only to persons who are appointed or reappointed to those positions on or after the effective date of this amendatory Act of the 104th General Assembly. (c) Notwithstanding any other provision of this Section, the term of each member of the Board who was appointed by the Governor and is in office on June 30, 2003 shall terminate at the close of business on that date or when all of the successor members to be appointed pursuant to this amendatory Act of the 93rd General Assembly have been appointed by the Governor, whichever occurs later. As soon as possible, the Governor shall appoint persons to fill the vacancies created by this amendatory Act. Of the initial members appointed under this amendatory Act of the 93rd General Assembly, the Governor shall appoint 5 members whose terms shall expire on the third Monday in January 2005, 5 members whose terms shall expire on the third Monday in January 2007, and 5 members whose terms shall expire on the third Monday in January 2009. Their respective successors shall be appointed for terms of 6 years from the third Monday in January of the year of appointment. Each member shall serve until his or her successor is appointed and qualified. Notwithstanding any other provision of this Section, any member appointed after January 1, 2026 shall be appointed for an 8-year term that begins upon the date of appointment or reappointment. Each member shall serve until the member's successor is appointed and qualified. Any member may be removed by the Governor for incompetence, neglect of duty, malfeasance or inability to serve. (d) The Chairman of the Board shall be its chief executive and administrative officer. The Board may have an Executive Director; if so, the Executive Director shall be appointed by the Governor with the advice and consent of the Senate. The salary and duties of the Executive Director shall be fixed by the Board. (e) Each member and commissioner of the Prisoner Review Board shall be required to complete a training course developed and administered in consultation with the Department of Corrections. The training shall be provided to new members and commissioners of the Prisoner Review Board within 30 days of the start of their service and before they take part in any hearings. The training shall cover topics, including, but not limited to: (1) the prison and incarceration system, including a tour of a correctional institution or facility and a meeting with the facility administration; (2) the nature and benefits of rehabilitative corrections; (3) rehabilitative programming provided by the Department of Corrections available to incarcerated individuals; and (4) the impact of rehabilitative corrections and programming on rates of recidivism. In addition to the training course, each member and commissioner of the Board shall also be required to participate in 20 hours of continuing education or training per year. Training shall cover, but shall not be limited to, the following topics: domestic violence, restorative justice, racial bias, risk assessment bias, law enforcement bias, prevalence of wrongful convictions, prosecutorial misconduct, police misconduct, mental health, cognitive behavioral therapy, trauma, the age-crime curve, recidivism, and the benefits of rehabilitative, educational, vocational, and health, programming in correctional facilities. Documentation of completion shall be submitted to and recorded by the Department of Corrections and made available to the public upon request. The 20 hours of continuing education or training per year required in this subsection shall include a training course developed and administered by the entity administering the Illinois Domestic Violence Hotline. The training shall be provided to new members and commissioners of the Prisoner Review Board within 30 days of the start of their service and before they take part in any hearings. This training shall be tailored specifically to the members of the Board and shall cover topics, including, but not limited to: (1) the nature, extent, causes, and lethality of domestic violence and gender-based violence; (2) implicit and explicit biases toward parties involved in domestic violence and gender-based violence; (3) criminalization of survivors of domestic violence and gender-based violence; (4) behavioral patterns and relationship dynamics within the cycle of violence; (5) safety planning and procedures designed to promote the safety of victims of domestic violence and gender-based violence and their household members; (6) resources available to victims of domestic violence and gender-based violence and their household members; and (7) the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, the Civil No Contact Order Act, and the legal process regarding protective orders. (f) The Board may appoint commissioners to assist it in such manner as it directs and may discharge them at will. Commissioners shall not be subject to the Personnel Code. Any commissioner appointed shall be an attorney licensed to practice law in the State of Illinois. The Board in its discretion may assign any hearing to a commissioner, except that, in hearings requiring a quorum of the Board, only members shall participate, and in hearings requiring at least 3 members, at least 2 members shall participate. No commissioner may act as the lead member or point of contact for any institutional hearing.