Ill. Admin. Code tit. 20 § 1610.35

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

Section 1610.35 - Juvenile Parole

a) Juveniles serving felony sentences shall be docketed as prescribed in Section 1610.30.

1) Alleged juvenile parole violators returned to the custody of the Department of Corrections shall be docketed and heard at the next scheduled hearing for that institution following the compilation of all documentation related to the alleged parole violation.

2) Persons committed to the Department of Corrections as delinquents shall be presented to the Board for parole consideration before 11 months of the commitment have expired.

b) Reasons for Parole Denial. The Board grants parole as an exercise of grace and executive discretion. The decision is a subjective determination based upon available relevant information. Persons committed to the Department of Corrections as delinquents shall not be paroled, if the Board determines, on the basis of the factors outlined in Section 1610.35(c), that:

1) The youth is in need of further institutional programs.

2) Parole would not be in the best interests of the youth or the community.

c) Factors to be Considered in the Parole Decision. In determining whether to grant or deny parole, the Board looks primarily to the following factors, although the decision is not limited to these factors when other relevant, compelling information is presented.

1) Behavior outside of custody.

A) Prior criminal activity, as evidenced by official records.

B) Adjustment in school, as evidenced by documented reports specifying grades, disciplinary actions, school activities or any school-related accomplishments.

C) Adjustment to release from custody as evidenced by reports on any Department of Corrections Authorized Absence, as authorized by the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 3-9-4).

D) Employment History.

E) Support of family and community, as evidenced by oral or written expressions.

F) Associates in the community, as evidenced by reports from police and school officials or statements of the juvenile or his family.

G) Goals for the future as expressed by the juvenile.

2) Institutional Behavior.

A) Any recent disciplinary actions.

B) Performance in institutional programs as evidenced by reports from counselors or teachers.

C) Defiance to established authority, as evidenced by demeanor and conduct at hearing or by institutional reports.

D) Lack of remorse for criminal activities, as evidenced by demeanor and conduct at hearing or by institutional reports.

E) Resolve to avoid re-incarceration, as evidenced by demeanor and conduct at hearing or by institutional reports.

F) Positive response to institutional programming, as evidenced by demeanor and conduct at hearing or by institutional reports.

d) Parole Denial

In the event of parole denial of a youth committed under the provisions of the Juvenile Court Act (Ill. Rev. Stat. 1983, ch. 37), the case may be resubmitted by the Department of Corrections to the Board for further consideration within 90 days.

e) Parole Plans

Parole plans shall be prepared by the clinical staff in conjunction with the youth. Such plans shall include where and with whom he will live, location in terms of employment or school attendance and family relationships and obligations to be assumed on release.

Ill. Admin. Code tit. 20, § 1610.35

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