As referenced in the statutes
governing the Prisoner Review Board. Here is the text and our comments on
the Open Parole Hearings Act. Editorial comments are in this color text.
Highlighted text of the Act is in this color.
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.)
Although Victim Impact Statements
were not customarily used until after the 1970's, this is still an important
point, especially as victims are allowed by law to submit statements as noted.
Not only may statements be submitted, but the board is mandated to "consider"
them.
(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.)
Limitations on attendance are
perfectly understandable to us, as long as this is not used as an excuse to
prevent the victims from attending if they so desire.
(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.
This is excellent language and model
for the letters used to notify victims. However, we have been told by PRB
support staff that they have not had the money for postage for these letters.
How can this be for a state office that has over a $1.5 million budget?
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.
We have talked with families whose
notification of parole hearings has stopped over the years without this level of
communication from the victim. We would like to know why this is.
(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.)
Terribly important point here that
not only must a victim be notified if parole is granted but they must also be
notified if parole is denied and informed of the next scheduled hearing.
(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.)
The rights to privacy for victims
submitting statements must be guaranteed. However, in a recent
conversation with a victim's family, we were told that they were informed by the
PRB that the inmate was allowed to see their statement and they were fearful
that the inmate would have access to their names and addresses. They were
concerned that this would endanger their family and it made them reluctant to
submit a statement or provide the PRB with their current address. Clearly,
the law is designed to protect the victim from intimidation and harm.
Also, we note with interest that all victim statements become part of the
inmate's file and the victim should not have to go through the retraumatizing
process of submitting impact statements every time there is a hearing as victims
have been known to feel is necessary.