Section 1610.30 Preparation for Adult Parole Hearing

Section 1610

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

ney 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

artment 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

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.