§ 3-3-5 — Hearing and determination

Illinois § 3-3-5

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 730: CORRECTIONS
• Act 730 ILCS 5/: Unified Code of Corrections.
• Art.: Chapter III - Department Of Corrections

Text

(a) The Prisoner Review Board shall meet as often as need requires to consider the cases of persons eligible for parole. 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. (b) If the person under consideration for parole 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 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 under paragraphs (d) or (e) of this Section or released on Mandatory release under Section 3-3-10. (c) (Blank). (c-1) In deciding whether to grant or deny parole, the Board shall consider the following factors: (1) participation in rehabilitative programming available to the petitioner, including, but not limited to, educational courses, vocational courses, life skills courses, individual or group counseling courses, civics education courses, peer education courses, independent studies courses, substance abuse counseling courses, and behavior modification courses; (2) participation in professional licensing courses or on-the-job training courses; (3) letters from correctional staff, educational faculty, community members, friends, and other incarcerated persons; (4) the petitioner's potential for rehabilitation or the evidence of rehabilitation in the petitioner; (5) the applicant's age at the time of the offense; (6) the circumstances of the offense and the petitioner's role and degree of participation in the offense; (7) the presence of a cognitive or developmental disability in the petitioner at the time of the offense; (8) the petitioner's family, home environment, and educational and social background at the time of the offense; (9) evidence that the petitioner has suffered from gender-based violence as defined by Section 5 of the Gender Violence Act, postpartum psychosis or postpartum depression as defined by Section 2-1401 of the Code of Civil Procedure, post-traumatic stress disorder, adverse childhood experiences, or other traumas that could have been a contributing factor to a person's criminal behavior and participation in the offense; (10) the presence or expression by the petitioner of remorse, compassion, or insight of harm and collateral effects experienced by the victims; (11) the commission of a serious disciplinary infraction within the previous 5 years; (12) a pattern of fewer serious institutional disciplinary infractions within the previous 2 years; (13) evidence that the petitioner has any serious medical conditions; (14) evidence that the Department is unable to meet the petitioner's medical needs; and (15) the petitioner's reentry plan, including, but not limited to, residence plans, employment plans, continued education plans, rehabilitation plans, and counseling plans. No one factor listed in this subsection (c-1) shall be dispositive. (d) (Blank). (d-1) The Board shall, upon due notice, give a hearing to all petitioners for medical release and all candidates for parole, allowing representation by counsel, if desired, or the assistance of advocates and supporters, if desired. (d-2) All petitioners for medical release and all candidates for parole appearing before the Prisoner Review Board shall be afforded the opportunity to appear in person or via interactive video teleconference. (d-3) Clemency petitioners who are currently incarcerated and their legal counsel, if retained, shall be afforded the opportunity to a pre-hearing conference in person or via interactive video teleconference with at least one Board member. (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 if it denies parole 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 a person, and, if he or she is not released within 90 days from the effective date of the order granting parole, the matter shall be returned to the Board for review. If the Board denies parole, the written notice must include an explanation of each factor the Board relied on in making its decision to deny parole and what factors and goals the applicant should focus on and try to meet to be granted parole at a subsequent hearing. (f-1) If the Board paroles 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 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.

Legislative History

(Source: P.A. 104-11, eff. 6-20-25.)