Current through Register Vol. 48, No. 38, September 20, 2024
a)
Purpose
The purpose of the parole release hearing is to gather
information and views and to determine whether parole will be granted or
denied. The hearing is not an adversarial proceeding.
b) Parole Release Panels
1) General Considerations. The Board shall
schedule hearings at the various institutions and facilities each month. Panels
of at least three members of the Board will consider those cases of persons
whose names appear on the respective hearing dockets. At least one member of
the panel shall interview the inmate and hear any witnesses. The decision to
grant or deny parole requires the action of a panel of at least three members
of the Board. The decision to release on parole requires the affirmative vote
of a simple majority of the members participating in the vote.
2) Evidence. The Board is not bound by strict
rules of evidence in the conduct of a parole release hearing and will consider
all evidence presented, so long as the evidence is not cumulative, repetitive
or inherently unreliable (as, for example, would be testimonials of Department
of Corrections employees who are not authorized to make parole recommendations)
and so long as it has some relevance to the parole release decision, as
described in Section
1610.50.
3) Presiding Member. One member of the panel
will be designated to act as presiding member for each parole hearing. The
presiding member will administer an oath or affirmation to the inmate and any
witnesses, conduct the inmate interview, examine any witnesses and rule on
evidentiary matters and objections. In addition, any other members present may
question the inmate and witnesses. When fewer than all members who will
participate in the release decision are present at the hearing, the presiding
member will orally summarize the hearing for their benefit prior to a vote on
the question of release. Where a case is not decided on the same day as the
hearing, the presiding member shall prepare a written summary for use by the
other members.
4) En Banc Hearings
A) Hearing Designated En Banc. Any inmate of
the Department of Corrections whose conviction was for the offense of Murder or
whose minimum sentence is 20 years or more under Chapter 39 of the Illinois
Revised Statutes in effect prior to February 1, 1978 shall be heard by a panel
of the Board. That panel shall submit the case to the entire Board at an "en
banc" hearing, at which time a determination will be made as to whether parole
will be granted or denied, in accord with Section 1610.50. In addition, the
Chairman or a majority of the members of a panel hearing a case upon which a
decision has not been rendered may cause that case to be considered at the next
scheduled "en banc" hearing day. Once a case is designated "en banc" it will
continue to be considered by the full Board, unless the Board determines
otherwise.
B) En Banc Voting. In
order for the Board to grant parole in a case which is designated for "en banc"
consideration, a majority vote of the appointed members of the Board must vote
in favor of the grant of parole. A tie vote, or a vote of less than a majority
of the appointed members of the Board favoring parole, shall result in the
denial of the application for parole.
c) Appearances. The Parole Release Panel
shall consider the testimony of persons who appear at the parole release
hearing under Board guidelines, in accord with Section
1610.30,
unless the presiding member determines that the witness can provide no
information which is relevant to the hearing or that the testimony would be
merely repetitive or cumulative. Any testimony may be offered in the form of a
personal appearance or written statements. Where Department of Corrections
security considerations bar personal appearances within the institution, the
witness may submit written testimony or may testify orally at the Springfield
Office of the Board or at some other designated location.
1) Personal Appearances.
A) The State's Attorney. The State's Attorney
of the County in which the conviction was obtained, or his designee, shall be
permitted to appear personally at any parole release hearing.
B) Victims and Complaining Witnesses. Persons
who are identified as victims, or members of the families of victims of the
crime for which the inmate is receiving parole consideration shall be permitted
to appear personally before the Parole Release Panel. Other persons who wish to
testify as complaining witnesses shall be permitted to appear unless the
presiding member determines that they cannot provide relevant information or
that their testimony would be repetitive or cumulative.
C) Witnesses on Behalf of the Inmate. Persons
wishing to appear on behalf of the inmate, in support of the grant of parole,
may do so, unless the presiding member determines that their testimony would be
irrelevant, repetitive, or cumulative, or unless the potential witness is
barred from the institution by the Department of Corrections.
D) The Inmate. The inmate shall be heard, as
required by statute (Unified Code of Corrections, Ill. Rev. Stat. 1983, ch. 39,
par. 1003), if he chooses.
2) Written Appearances
The Parole Release Panel shall consider any relevant testimony
received by the Board from the State's Attorney, victim, complaining witness,
inmate, or any other interested party before the beginning of the Parole
Release Panel conference. Such writings may be in the form of letters,
affidavits or other documents. Written appearances shall be permitted into
consideration on a basis more permissive than personal appearances, in order to
reduce the demand for personal appearances. These documents will be available
for review in accord with Section
1610.30(a)
and (b).
d) Conference. Following the hearing the
Parole Release Panel shall adjourn into a conference. In conference the Panel
will discuss all evidence and testimony received and will exchange views
concerning the weight and credibility to be given the evidence considered,
prior to entering the decision phase.
e) Decision and Notification
1) Vote and Rationale. Following the
Conference, the Parole Release Panel will vote on the question of granting or
denying parole. When the panel votes to deny parole a rationale will be
prepared by at least one member which states the basis for denial, including
the primary factors considered.
2)
Notice of Decision. The inmate shall be provided a copy of the Order and
rationale within twenty-one days after the Parole Release Hearing.
