Ill. Admin. Code tit. 20 § 1610.30

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1610.30 - Preparation for Adult Parole Hearing

a) Notice to the Inmate. Approximately sixty days prior to his next scheduled parole release hearing, the inmate will be notified in writing by the Board that he has been scheduled on the monthly docket.

1) Request for Preliminary Record Review

A) Request By the Inmate. Within fifteen days following the date of the notice of docketing, the inmate may request the opportunity for preliminary review of his parole file by using the form provided by the Board with the notice. When a timely request for preliminary review is made, the Board will arrange for the inmate to review his parole file, in accord with the provisions of Section 1610.30(b), approximately thirty days prior to his hearing date. If no preliminary request is made or if transfer or security considerations prohibit review, the inmate will be allowed to review his file in accord with Section 1610.30(b), at the time of his release hearing.

B) Request by an Inmate's Attorney. If an inmate chooses to retain an attorney to assist him in his preparation for hearing, the attorney may review the parole files, in accord with Section 1610.30(b) at the Prisoner Review Board Office in Springfield. The file will be made available at any time during regular business hours, not more than thirty days nor less than five business days prior to the hearing date, provided that the Board is given five business days notification. If no preliminary request is made, the attorney will be allowed to review the file, in accord with Section 1610.30(b), at the time of the release hearing.

2) Request for a Specific Hearing Appointment. Within fifteen days of the date of the notice of docketing, the inmate may request a specific hearing appointment in order to facilitate the presentation of witnesses. The request will be made in the form prescribed by the Board. The inmate will be notified in writing of the date and time of the hearing appointment, not less than fifteen days before the hearing.

3) Request for Appearance of Witnesses. At least fifteen days prior to the scheduled hearing, the inmate shall provide the Board with the names, addresses and telephone numbers of witnesses whom he wishes to call to testify at his hearing. It is the responsibility of the inmate to contact his witnesses and to insure that they are present at the hearing.

b) Access to Records by the Inmate

1) The inmate shall have access to all evidence considered by the Board unless the evidence is specifically found to:

A) Include information which, if disclosed, would damage the therapeutic relationship between the inmate and a mental health professional;

B) Subject any person to the actual risk of physical harm.

C) Threaten the safety or security of the Department or an institution.

2) An inmate who wishes to review a document submitted to the Board which bears the signature of a mental health or clinical services employee of the Department of Corrections must request that review through the Department of Corrections pursuant to Department Regulations (20 Ill. Adm. Code 107). The Board will not provide direct access to any documents in this category.

c) Notice to Interested Parties. Not less than 15 days prior to each hearing, notices shall be given by the Board to the State's Attorney of the county from which the person was committed and to victims as defined in the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 1005-1-2(n)) at their known place of abode. If the Board does not have knowledge of the current address of a victim, it shall notify the State's Attorney of the county of commitment and request assistance in locating the victim. Those victims who advise the Board in writing that they no longer wish to be notified shall not receive notices.

d) Adult Docketing

1) Submission of the Monthly Docket. The Board receives from each institution a docket for adult parole release hearings. Thirty days prior to the hearing, the dockets will be closed, except for any additions or subtractions because of transfers, recent admissions or recalculation of sentence credits.

2) Preparation and Submission of the Parole Plan. Prior to his appearance before the Board, the inmate shall, along with his counselor, prepare and submit to the panel a plan which includes his intended places of residence and employment and which explains any plans for vocational training or education.

3) Submission of Supporting Documents from the Department of Corrections. Program Consideration Reports, Conduct Reports and any other reports requested of institution staff will be required in the office of the Board by Wednesday of the week preceding the hearings.

4) Docketing of Continued Adult Parole Release Hearings. Persons in adult facilities of the Department whose cases have been considered on prior occasions and have been continued to future dates shall have their names placed on the docket for hearing during the month designated by the Board at their previous hearing. That date shall not be longer than three years from the last hearing and denial of parole and will be subject to advancement by reasons of institution credits.

5) Docketing Concurrent Sentences. Persons serving concurrent sentences shall have their names placed on the dockets when they are eligible to be considered for parole under the longest minimum sentence.

6) Docketing Returned Violators. All alleged parole violators who have been returned to the custody of the Department shall be docketed and heard in accordance with provisions of Section 1610.140.

Ill. Admin. Code tit. 20, § 1610.30

Amended at 9 Ill. Reg. 16257, effective October 10, 1985