Ill. Admin. Code tit. 20 § 1610.70

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1610.70 - Denial of Parole

a) If the members of the Board in conference determine that parole will be denied in felony cases, the Board will continue the matter to a future date, that date being no assurance that parole will be given at that time. Lengths of continuances shall be determined in compliance with provisions of paragraph 3-3-5(f) of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-5(f)). The factors outlined in Section 1610.50(b)(1)-(4) shall be used to determine lengths of continuances for those persons originally sentenced or who became eligible for parole between January 1, 1973 and September 30, 1977.

b) Certain prisoners shall be offered fixed release dates along with the order of denial, in accordance with the requirements of Section 3-3-2.1 of the Unified Code of Corrections, (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-2.1 (a)-(b)).

c) The following are the procedures for requesting reconsideration of release date offers and conducting reconsiderations as provided by Section 3-3-2.1(h)(3) of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-2.1(h)(3)).

1) The prisoner or his counsel may, by submitting a form provided by the Board, initiate a reconsideration of the release date offer, as provided by Section 3-3-2.1(h)(3) of the Unified Code of Corrections (Ill. Rev. Stat. 1987, ch. 38, par. 1003-3-2.1(h)(3)).

2) The reviewing members shall not have participated in the initial decisions.

3) The reviewing members are authorized on the basis of the record of the hearing to modify or reverse an initial decision on one or more of the following grounds:

A) the decision is contrary to law or the guidelines governing decision;

B) the reasons given for the decision do not support the decision;

C) there is not sufficient factual support in the record to support the decision;

D) the length of the release date is disproportionate with other like cases or sentences.

4) The Board may interview the resident for the purpose of considering modification of the out-date.

Ill. Admin. Code tit. 20, § 1610.70

Amended at 13 Ill. Reg. 3063, effective February 28, 1989