2005 Illinois Code - Chapter 730 Corrections 730 ILCS 105/ Open Parole Hearings Act.
(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.)
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