Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1610 - PRISONER REVIEW BOARD › Section 1610.40 - The Adult Parole Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
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. 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.