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Illinois Compiled Statutes

730 ILCS 5/3-3-5 (2026)

Hearing and determination

✓ current as of May 2026
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(730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
    Sec. 3-3-5. Hearing and determination.
    (a) The Prisoner Review Board shall meet as often as need requires to consider the cases of persons eligible for parole. Except as otherwise provided in paragraph (2) of subsection (a) of Section 3-3-2 of this Act, the Prisoner Review Board may meet and order its actions in panels of 3 or more members. The action of a majority of the panel shall be the action of the Board.
    (b) If the person under consideration for parole is in the custody of the Department, at least one member of the Board shall interview him or her, and a report of that interview shall be available for the Board's consideration. However, in the discretion of the Board, the interview need not be conducted if a psychiatric examination determines that the person could not meaningfully contribute to the Board's consideration. The Board may in its discretion parole a person who is then outside the jurisdiction on his or her record without an interview. The Board need not hold a hearing or interview a person who is paroled under paragraphs (d) or (e) of this Section or released on Mandatory release under Section 3-3-10.
    (c) (Blank).
    (c-1) In deciding whether to grant or deny parole, the Board shall consider the following factors:
        (1) participation in rehabilitative programming
    
available to the petitioner, including, but not limited to, educational courses, vocational courses, life skills courses, individual or group counseling courses, civics education courses, peer education courses, independent studies courses, substance abuse counseling courses, and behavior modification courses;
        (2) participation in professional licensing courses
    
or on-the-job training courses;
        (3) letters from correctional staff, educational
    
faculty, community members, friends, and other incarcerated persons;
        (4) the petitioner's potential for rehabilitation or
    
the evidence of rehabilitation in the petitioner;
        (5) the applicant's age at the time of the offense;
        (6) the circumstances of the offense and the
    
petitioner's role and degree of participation in the offense;
        (7) the presence of a cognitive or developmental
    
disability in the petitioner at the time of the offense;
        (8) the petitioner's family, home environment, and
    
educational and social background at the time of the offense;
        (9) evidence that the petitioner has suffered from
    
gender-based violence as defined by Section 5 of the Gender Violence Act, postpartum psychosis or postpartum depression as defined by Section 2-1401 of the Code of Civil Procedure, post-traumatic stress disorder, adverse childhood experiences, or other traumas that could have been a contributing factor to a person's criminal behavior and participation in the offense;
        (10) the presence or expression by the petitioner of
    
remorse, compassion, or insight of harm and collateral effects experienced by the victims;
        (11) the commission of a serious disciplinary
    
infraction within the previous 5 years;
        (12) a pattern of fewer serious institutional
    
disciplinary infractions within the previous 2 years;
        (13) evidence that the petitioner has any serious
    
medical conditions;
        (14) evidence that the Department is unable to meet
    
the petitioner's medical needs; and
        (15) the petitioner's reentry plan, including, but
    
not limited to, residence plans, employment plans, continued education plans, rehabilitation plans, and counseling plans.
    No one factor listed in this subsection (c-1) shall be dispositive.
    (d) (Blank).
    (d-1) The Board shall, upon due notice, give a hearing to all petitioners for medical release and all candidates for parole, allowing representation by counsel, if desired, or the assistance of advocates and supporters, if desired.
    (d-2) All petitioners for medical release and all candidates for parole appearing before the Prisoner Review Board shall be afforded the opportunity to appear in person or via interactive video teleconference.
    (d-3) Clemency petitioners who are currently incarcerated and their legal counsel, if retained, shall be afforded the opportunity to a pre-hearing conference in person or via interactive video teleconference with at least one Board member.
    (e) A person who has served the maximum term of imprisonment imposed at the time of sentencing less time credit for good behavior shall be released on parole to serve a period of parole under Section 5-8-1.
    (f) The Board shall render its decision within a reasonable time after hearing and shall state the basis therefor both in the records of the Board and in written notice to the person on whose application it has acted. In its decision, the Board shall set the person's time for parole, or if it denies parole it shall provide for a rehearing not less frequently than once every year, except that the Board may, after denying parole, schedule a rehearing no later than 5 years from the date of the parole denial, if the Board finds that it is not reasonable to expect that parole would be granted at a hearing prior to the scheduled rehearing date. If the Board shall parole a person, and, if he or she is not released within 90 days from the effective date of the order granting parole, the matter shall be returned to the Board for review. If the Board denies parole, the written notice must include an explanation of each factor the Board relied on in making its decision to deny parole and what factors and goals the applicant should focus on and try to meet to be granted parole at a subsequent hearing.
    (f-1) If the Board paroles a person who is eligible for commitment as a sexually violent person, the effective date of the Board's order shall be stayed for 90 days for the purpose of evaluation and proceedings under the Sexually Violent Persons Commitment Act.
    (g) The Board shall maintain a registry of decisions in which parole has been granted, which shall include the name and case number of the prisoner, the highest charge for which the prisoner was sentenced, the length of sentence imposed, the date of the sentence, the date of the parole, and the basis for the decision of the Board to grant parole and the vote of the Board on any such decisions. The registry shall be made available for public inspection and copying during business hours and shall be a public record pursuant to the provisions of the Freedom of Information Act.
    (h) The Board shall promulgate rules regarding the exercise of its discretion under this Section.
(Source: P.A. 104-11, eff. 6-20-25.)

    
Notes of Decisions
Cited in 9 cases, 1994–2010 · leading case: Doe v. Gainer, 642 N.E.2d 114 (Ill. 1994).
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Doe v. Gainer, 642 N.E.2d 114 (Ill. 1994). · cites it 2× “Plaintiff listed three scenarios in his complaint where this might occur: (1) the Board might interpret the section as barring the grant of parole until plaintiff provides a specimen of his blood, thus in effect adding a statutory factor to section 3-3-5(c) of the Code (730 ILCS…”
Cleve Heidelberg & Bruce Sharp v. Illinois Prisoner Review Bd. & Kenneth P. Dobucki, 163 F.3d 1025 (7th Cir. 1998). “730 ILCS 5/3-3-5(c) (1998) (formerly Ill.”
People v. Dixon, 721 N.E.2d 1172 (Ill. App. Ct. 1999). “Laws at 3793-98) (amending 730 ILCS 5/3-3-5 (West 1994)); 730 ILCS 5/5-5-6 (West Supp.”
Taylor v. Edgar, 52 F. App'x 825 (7th Cir. 2002). · cites it 2× “at 255; see 730 ILCS 5/3-3-5(c) (setting forth conditions that mandate denial of parole).”
Ganci v. Washington Changed from Rule 23 Order to Opinion (Ill. App. Ct. 2001). · cites it 2× “Dismissal of Count I of the Amended Complaint Section 3-3-5(c) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/3-3-5(c) (West 1998)) provides that the Board shall not parole a person eligible for parole if it determines that (1) a substantial risk exists that the…”
Hill v. Walker (Ill. App. Ct. 2010). · cites it 2× “730 ILCS 5/3-3-5(c) (West 2004). However, these statutory criteria are not meant to be an exclusive list.”
Duffie S. Clark v. James R. Thompson, 48 F.3d 1221 (7th Cir. 1995). · cites it 2× “Under Illinois law, the Board has the authority to review the revocation of good conduct credits (730 ILCS 5/3-3-5 (1992).) Nothing in the record indicates the Board was biased against plaintiff in particular, or even that the Board has reviewed a decision to revoke his own good…”
Smith v. Illinois Parole Bd., 70 F.3d 1274 (7th Cir. 1995). “See 730 ILCS 5/3-3-5 et seq. (1992). 39 Thus, the plaintiff likewise has no colorable claim regarding the vote by a PRB member who was not present at the hearing.”
People v. Dixon (Ill. App. Ct. 1999). “Laws at 3793-98) (amending 730 ILCS 5/3-3-5 (West 1994)); 730 ILCS 5/5-5-6 (West Supp.”
— 730 ILCS 5/3-3-5(c) — 5 cases
Cleve Heidelberg & Bruce Sharp v. Illinois Prisoner Review Bd. & Kenneth P. Dobucki, 163 F.3d 1025 (7th Cir. 1998). “730 ILCS 5/3-3-5(c) (1998) (formerly Ill.”
Doe v. Gainer, 642 N.E.2d 114 (Ill. 1994). “Plaintiff listed three scenarios in his complaint where this might occur: (1) the Board might interpret the section as barring the grant of parole until plaintiff provides a specimen of his blood, thus in effect adding a statutory factor to section 3-3-5(c) of the Code (730 ILCS…”
Taylor v. Edgar, 52 F. App'x 825 (7th Cir. 2002). “at 255; see 730 ILCS 5/3-3-5(c) (setting forth conditions that mandate denial of parole).”
Ganci v. Washington Changed from Rule 23 Order to Opinion (Ill. App. Ct. 2001). “Dismissal of Count I of the Amended Complaint Section 3-3-5(c) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/3-3-5(c) (West 1998)) provides that the Board shall not parole a person eligible for parole if it determines that (1) a substantial risk exists that the…”
Hill v. Walker (Ill. App. Ct. 2010). “730 ILCS 5/3-3-5(c) (West 2004). However, these statutory criteria are not meant to be an exclusive list.”
— 730 ILCS 5/3-3-5(e) — 1 case
Doe v. Gainer, 642 N.E.2d 114 (Ill. 1994). “Plaintiff listed three scenarios in his complaint where this might occur: (1) the Board might interpret the section as barring the grant of parole until plaintiff provides a specimen of his blood, thus in effect adding a statutory factor to section 3-3-5(c) of the Code (730 ILCS…”
— 730 ILCS 5/3-3-5(f) — 2 cases
Hill v. Walker (Ill. App. Ct. 2010). “730 ILCS 5/3-3-5(c) (West 2004). However, these statutory criteria are not meant to be an exclusive list.”
Duffie S. Clark v. James R. Thompson, 48 F.3d 1221 (7th Cir. 1995). “Under Illinois law, the Board has the authority to review the revocation of good conduct credits (730 ILCS 5/3-3-5 (1992).) Nothing in the record indicates the Board was biased against plaintiff in particular, or even that the Board has reviewed a decision to revoke his own good…”
— 730 ILCS 5/3-3-5(h) — 1 case
Ganci v. Washington Changed from Rule 23 Order to Opinion (Ill. App. Ct. 2001). “Dismissal of Count I of the Amended Complaint Section 3-3-5(c) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/3-3-5(c) (West 1998)) provides that the Board shall not parole a person eligible for parole if it determines that (1) a substantial risk exists that the…”
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