Section 1610.40 The Adult Parole Hearing

Section 1610

Section 1610.40  The Adult

Parole Hearing

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

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

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

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

nference.  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.