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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | |||||||||||||||||||||||||
5 | Section 7-1 as follows:
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6 | (720 ILCS 5/7-1) (from Ch. 38, par. 7-1)
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7 | Sec. 7-1. Use of
force in defense of person. | |||||||||||||||||||||||||
8 | (a) A person is justified in the use of force against | |||||||||||||||||||||||||
9 | another when and to
the extent that he or she reasonably | |||||||||||||||||||||||||
10 | believes that such conduct is necessary to
defend himself or | |||||||||||||||||||||||||
11 | herself or another against such other's imminent use of | |||||||||||||||||||||||||
12 | unlawful
force. However, he or she is justified in the use of | |||||||||||||||||||||||||
13 | force which is intended or
likely to cause death or great | |||||||||||||||||||||||||
14 | bodily harm only if (i) he or she reasonably believes
that such | |||||||||||||||||||||||||
15 | force is necessary to prevent imminent death or great bodily | |||||||||||||||||||||||||
16 | harm
to himself or herself or another, or the commission of a | |||||||||||||||||||||||||
17 | forcible felony , or if (ii) he or she is or has been the victim | |||||||||||||||||||||||||
18 | of domestic violence and the effects of the domestic violence | |||||||||||||||||||||||||
19 | cause him or her to have a reasonable belief that the force is | |||||||||||||||||||||||||
20 | necessary to prevent the perpetrator of the domestic violence | |||||||||||||||||||||||||
21 | from causing death or great bodily harm to himself or herself | |||||||||||||||||||||||||
22 | or another. A "reasonable belief" under clause (ii) of this | |||||||||||||||||||||||||
23 | subsection (a) means a belief that would be held by an |
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1 | individual in that person's situation. For the purposes of | ||||||
2 | clause (ii), "domestic violence" means "abuse" as defined in | ||||||
3 | Section 103 of the Illinois Domestic Violence Act of 1986 . | ||||||
4 | (b) In no case shall any act involving the use of force | ||||||
5 | justified under this Section give rise to any claim or | ||||||
6 | liability brought by or on behalf of any person acting within | ||||||
7 | the definition of "aggressor" set forth in Section 7-4 of this | ||||||
8 | Article, or the estate, spouse, or other family member of such | ||||||
9 | a person, against the person or estate of the person using such | ||||||
10 | justified force, unless the use of force involves willful or | ||||||
11 | wanton misconduct.
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12 | (Source: P.A. 93-832, eff. 7-28-04 .)
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13 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
14 | amended by adding Section 116-2.2 as follows: | ||||||
15 | (725 ILCS 5/116-2.2 new) | ||||||
16 | Sec. 116-2.2. Motion for sentence modification for | ||||||
17 | domestic violence victims. | ||||||
18 | (a) As used in this Section: | ||||||
19 | "Domestic violence" means "abuse" as defined in | ||||||
20 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
21 | "Forcible felony" has the meaning ascribed to the term | ||||||
22 | in Section 2-8 of the Criminal Code of 2012. | ||||||
23 | (b) A defendant may make a motion for resentencing in the | ||||||
24 | circuit court of the county in which he or she was originally |
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1 | sentenced, when the conviction was for a forcible felony or for | ||||||
2 | solicitation, attempt, or conspiracy to commit a forcible | ||||||
3 | felony; provided that: | ||||||
4 | (1) at the time of the offense the defendant was or had | ||||||
5 | been the victim of domestic violence; | ||||||
6 | (2) the effects of the domestic violence tended to | ||||||
7 | excuse or justify the defendant's criminal conduct; and | ||||||
8 | (3) the motion shall state why the facts giving rise to | ||||||
9 | this motion were not presented at sentencing, and shall be | ||||||
10 | made with due diligence, after the defendant has ceased to | ||||||
11 | be a victim of domestic violence or has sought services for | ||||||
12 | victims of domestic violence, subject to reasonable | ||||||
13 | concerns for the safety of the defendant, family members of | ||||||
14 | the defendant, or other victims of the domestic violence | ||||||
15 | that may be jeopardized by the bringing of the motion, or | ||||||
16 | for other reasons consistent with the purpose of this | ||||||
17 | Section. | ||||||
18 | (c) The burden of proof is on the defendant to establish, | ||||||
19 | by a preponderance of the evidence, that at the time of the | ||||||
20 | offense the defendant was or had been the victim of domestic | ||||||
21 | violence, and that the effects of the domestic violence tended | ||||||
22 | to excuse or justify the defendant's criminal conduct. Evidence | ||||||
23 | of the domestic violence may include, but is not limited to: | ||||||
24 | (1) civil or criminal court records, proceedings, | ||||||
25 | pre-sentence reports, social services records, hospital | ||||||
26 | records, sworn statements from a witness, law enforcement |
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1 | records, domestic incident reports, police reports, | ||||||
2 | witness statements prepared or elicited by law enforcement | ||||||
3 | officers, or orders of protection; | ||||||
4 | (2) local and Department of Corrections records; or | ||||||
5 | (3) verification of consultation with a licensed | ||||||
6 | medical or mental health care provider, employee of a court | ||||||
7 | acting within the scope of his or her employment, clergy, | ||||||
8 | attorney, social worker, or rape crisis counselor, | ||||||
9 | advocate from an agency assisting victims of domestic | ||||||
10 | violence, or other professional from whom the defendant has | ||||||
11 | sought assistance in addressing the trauma associated with | ||||||
12 | domestic violence. | ||||||
13 | Alternatively, the court may consider any other evidence it | ||||||
14 | deems of sufficient credibility and probative value in | ||||||
15 | determining whether the defendant was or had been the victim of | ||||||
16 | domestic violence at the time of the offense, and whether the | ||||||
17 | effects of the domestic violence tended to excuse or justify | ||||||
18 | the defendant's criminal conduct. This other evidence may | ||||||
19 | include but is not limited to the court file of the proceeding | ||||||
20 | in which the defendant was convicted, any action taken by an | ||||||
21 | appellate court in the proceeding, and any transcripts of the | ||||||
22 | proceeding. In its discretion the court may order the defendant | ||||||
23 | brought before the court for the hearing. | ||||||
24 | (d) Within 90 days after the filing and docketing of a | ||||||
25 | motion, the court shall examine the motion and enter an order | ||||||
26 | on the motion under this Section. |
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1 | (1) If the defendant is without counsel and alleges | ||||||
2 | that he or she is without means to procure counsel, he or | ||||||
3 | she shall state whether or not he or she wishes counsel to | ||||||
4 | be appointed to represent the defendant. If appointment of | ||||||
5 | counsel is requested, the court shall appoint counsel if | ||||||
6 | satisfied that the defendant has no means to procure | ||||||
7 | counsel. | ||||||
8 | (2) If the court determines the motion is frivolous or | ||||||
9 | is patently without merit, it shall dismiss the motion in a | ||||||
10 | written order, specifying the findings of fact and | ||||||
11 | conclusions of law it made in reaching its decision. The | ||||||
12 | order of dismissal is a final judgment and shall be served | ||||||
13 | upon the defendant by certified mail within 10 days of its | ||||||
14 | entry. | ||||||
15 | (3) If the motion is not dismissed under this Section, | ||||||
16 | the court shall order the motion to be docketed for further | ||||||
17 | consideration and hearing within 180 days of the filing of | ||||||
18 | the motion. Continuances may be granted as the court deems | ||||||
19 | appropriate. | ||||||
20 | (e) Within 30 days after the making of an order under | ||||||
21 | paragraph (3) of subsection (d) or within any further time as | ||||||
22 | the court may set, the State shall answer or move to dismiss. | ||||||
23 | In the event that a motion to dismiss is filed and denied, the | ||||||
24 | State must file an answer within 20 days after the denial. No | ||||||
25 | other or further pleadings shall be filed except as the court | ||||||
26 | may order on its own motion or on that of either party. The |
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1 | court may in its discretion grant leave, at any stage of the | ||||||
2 | proceeding prior to entry of judgment, to withdraw the | ||||||
3 | defendant's motion. The court may in its discretion make the | ||||||
4 | order as to amendment of the motion or any other pleading, or | ||||||
5 | as to pleading over, or filing further pleadings, or extending | ||||||
6 | the time of filing any pleading other than the original motion, | ||||||
7 | as shall be appropriate, just, and reasonable and as generally | ||||||
8 | provided in civil cases. | ||||||
9 | (f) The court may grant the motion if it determines that at | ||||||
10 | the time of the offense the defendant was or had been the | ||||||
11 | victim of domestic violence, and the effects of the domestic | ||||||
12 | violence tended to excuse or justify the defendant's criminal | ||||||
13 | conduct. | ||||||
14 | (g) If the court finds in favor of the defendant, it may | ||||||
15 | reduce the sentence in accordance with the current factors in | ||||||
16 | mitigation in sentencing under Section 5-5-3.1 of the Unified | ||||||
17 | Code of Corrections, as may be necessary and proper. | ||||||
18 | Section 15. The Rights of Crime Victims and Witnesses Act | ||||||
19 | is amended by changing Section 4.5 as follows:
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20 | (725 ILCS 120/4.5)
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21 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
22 | victims. To afford
crime victims their rights, law enforcement, | ||||||
23 | prosecutors, judges and
corrections will provide information, | ||||||
24 | as appropriate of the following
procedures:
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1 | (a) At the request of the crime victim, law enforcement | ||||||
2 | authorities
investigating the case shall provide notice of the | ||||||
3 | status of the investigation,
except where the State's Attorney | ||||||
4 | determines that disclosure of such
information would | ||||||
5 | unreasonably interfere with the investigation, until such
time | ||||||
6 | as the alleged assailant is apprehended or the investigation is | ||||||
7 | closed.
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8 | (a-5) When law enforcement authorities re-open a closed | ||||||
9 | case to resume investigating, they shall provide notice of the | ||||||
10 | re-opening of the case, except where the State's Attorney | ||||||
11 | determines that disclosure of such information would | ||||||
12 | unreasonably interfere with the investigation. | ||||||
13 | (b) The office of the State's Attorney:
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14 | (1) shall provide notice of the filing of information, | ||||||
15 | the return of an
indictment by which a prosecution for any | ||||||
16 | violent crime is commenced, or the
filing of a petition to | ||||||
17 | adjudicate a minor as a delinquent for a violent
crime;
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18 | (2) shall provide notice of the date, time, and place | ||||||
19 | of trial;
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20 | (3) or victim advocate personnel shall provide | ||||||
21 | information of social
services and financial assistance | ||||||
22 | available for victims of crime, including
information of | ||||||
23 | how to apply for these services and assistance;
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24 | (3.5) or victim advocate personnel shall provide | ||||||
25 | information about available victim services, including | ||||||
26 | referrals to programs, counselors, and agencies that |
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1 | assist a victim to deal with trauma, loss, and grief;
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2 | (4) shall assist in having any stolen or other personal | ||||||
3 | property held by
law enforcement authorities for | ||||||
4 | evidentiary or other purposes returned as
expeditiously as | ||||||
5 | possible, pursuant to the procedures set out in Section | ||||||
6 | 115-9
of the Code of Criminal Procedure of 1963;
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7 | (5) or victim advocate personnel shall provide | ||||||
8 | appropriate employer
intercession services to ensure that | ||||||
9 | employers of victims will cooperate with
the criminal | ||||||
10 | justice system in order to minimize an employee's loss of | ||||||
11 | pay and
other benefits resulting from court appearances;
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12 | (6) shall provide information whenever possible, of a | ||||||
13 | secure waiting
area during court proceedings that does not | ||||||
14 | require victims to be in close
proximity to defendant or | ||||||
15 | juveniles accused of a violent crime, and their
families | ||||||
16 | and friends;
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17 | (7) shall provide notice to the crime victim of the | ||||||
18 | right to have a
translator present at all court proceedings | ||||||
19 | and, in compliance with the federal Americans
with | ||||||
20 | Disabilities Act of 1990, the right to communications | ||||||
21 | access through a
sign language interpreter or by other | ||||||
22 | means;
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23 | (8) in the case of the death of a person, which death | ||||||
24 | occurred in the same
transaction or occurrence in which | ||||||
25 | acts occurred for which a defendant is
charged with an | ||||||
26 | offense, shall notify the spouse, parent, child or sibling |
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1 | of
the decedent of the date of the trial of the person or | ||||||
2 | persons allegedly
responsible for the death;
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3 | (9) shall inform the victim of the right to have | ||||||
4 | present at all court
proceedings, subject to the rules of | ||||||
5 | evidence, an advocate or other support
person of the | ||||||
6 | victim's choice, and the right to retain an attorney, at | ||||||
7 | the
victim's own expense, who, upon written notice filed | ||||||
8 | with the clerk of the
court and State's Attorney, is to | ||||||
9 | receive copies of all notices, motions and
court orders | ||||||
10 | filed thereafter in the case, in the same manner as if the | ||||||
11 | victim
were a named party in the case;
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12 | (9.5) shall inform the victim of (A) the victim's right | ||||||
13 | under Section 6 of this Act to make a victim impact | ||||||
14 | statement at the sentencing hearing; (B) the right of the | ||||||
15 | victim's spouse, guardian, parent, grandparent and other | ||||||
16 | immediate family and household members under Section 6 of | ||||||
17 | this Act to present an impact statement at sentencing; and | ||||||
18 | (C) if a presentence report is to be prepared, the right of | ||||||
19 | the victim's spouse, guardian, parent, grandparent and | ||||||
20 | other immediate family and household members to submit | ||||||
21 | information to the preparer of the presentence report about | ||||||
22 | the effect the offense has had on the victim and the | ||||||
23 | person;
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24 | (10) at the sentencing hearing shall make a good faith | ||||||
25 | attempt to explain
the minimum amount of time during which | ||||||
26 | the defendant may actually be
physically imprisoned. The |
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1 | Office of the State's Attorney shall further notify
the | ||||||
2 | crime victim of the right to request from the Prisoner | ||||||
3 | Review Board
information concerning the release of the | ||||||
4 | defendant under subparagraph (d)(1)
of this Section;
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5 | (11) shall request restitution at sentencing and shall | ||||||
6 | consider
restitution in any plea negotiation, as provided | ||||||
7 | by law; and
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8 | (12) shall, upon the court entering a verdict of not | ||||||
9 | guilty by reason of insanity, inform the victim of the | ||||||
10 | notification services available from the Department of | ||||||
11 | Human Services, including the statewide telephone number, | ||||||
12 | under subparagraph (d)(2) of this Section. | ||||||
13 | (c) At the written request of the crime victim, the office | ||||||
14 | of the State's
Attorney shall:
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15 | (1) provide notice a reasonable time in advance of the | ||||||
16 | following court
proceedings: preliminary hearing, any | ||||||
17 | hearing the effect of which may be the
release of defendant | ||||||
18 | from custody, or to alter the conditions of bond and the
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19 | sentencing hearing. The crime victim shall also be notified | ||||||
20 | of the
cancellation of the court proceeding in sufficient | ||||||
21 | time, wherever possible, to
prevent an unnecessary | ||||||
22 | appearance in court;
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23 | (2) provide notice within a reasonable time after | ||||||
24 | receipt of notice from
the custodian, of the release of the | ||||||
25 | defendant on bail or personal recognizance
or the release | ||||||
26 | from detention of a minor who has been detained for a |
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1 | violent
crime;
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2 | (3) explain in nontechnical language the details of any | ||||||
3 | plea or verdict of
a defendant, or any adjudication of a | ||||||
4 | juvenile as a delinquent for a violent
crime;
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5 | (4) where practical, consult with the crime victim | ||||||
6 | before the Office of
the State's Attorney makes an offer of | ||||||
7 | a plea bargain to the defendant or
enters into negotiations | ||||||
8 | with the defendant concerning a possible plea
agreement, | ||||||
9 | and shall consider the written victim impact statement, if | ||||||
10 | prepared
prior to entering into a plea agreement;
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11 | (5) provide notice of the ultimate disposition of the | ||||||
12 | cases arising from
an indictment or an information, or a | ||||||
13 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
14 | a violent crime;
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15 | (6) provide notice of any appeal taken by the defendant | ||||||
16 | and information
on how to contact the appropriate agency | ||||||
17 | handling the appeal;
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18 | (7) provide notice of any request for post-conviction | ||||||
19 | review filed by the
defendant under Article 122 of the Code | ||||||
20 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
21 | place of any hearing concerning the petition. Whenever
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22 | possible, notice of the hearing shall be given in advance; | ||||||
23 | (7.5) provide notice of any request for resentencing | ||||||
24 | filed by the defendant under Section 116-2.2 of the Code of | ||||||
25 | Criminal Procedure of 1963, and of the date, time, and | ||||||
26 | place of any hearing concerning the motion;
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1 | (8) forward a copy of any statement presented under | ||||||
2 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
3 | the Board in making its determination
under subsection (b) | ||||||
4 | of Section 3-3-8 of the Unified Code of Corrections.
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5 | (d)(1) The Prisoner Review Board shall inform a victim or | ||||||
6 | any other
concerned citizen, upon written request, of the | ||||||
7 | prisoner's release on parole, aftercare release,
mandatory | ||||||
8 | supervised release, electronic detention, work release, | ||||||
9 | international transfer or exchange, or by the
custodian of the | ||||||
10 | discharge of any individual who was adjudicated a delinquent
| ||||||
11 | for a violent crime from State custody and by the sheriff of | ||||||
12 | the appropriate
county of any such person's final discharge | ||||||
13 | from county custody.
The Prisoner Review Board, upon written | ||||||
14 | request, shall provide to a victim or
any other concerned | ||||||
15 | citizen a recent photograph of any person convicted of a
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16 | felony, upon his or her release from custody.
The Prisoner
| ||||||
17 | Review Board, upon written request, shall inform a victim or | ||||||
18 | any other
concerned citizen when feasible at least 7 days prior | ||||||
19 | to the prisoner's release
on furlough of the times and dates of | ||||||
20 | such furlough. Upon written request by
the victim or any other | ||||||
21 | concerned citizen, the State's Attorney shall notify
the person | ||||||
22 | once of the times and dates of release of a prisoner sentenced | ||||||
23 | to
periodic imprisonment. Notification shall be based on the | ||||||
24 | most recent
information as to victim's or other concerned | ||||||
25 | citizen's residence or other
location available to the | ||||||
26 | notifying authority.
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1 | (2) When the defendant has been committed to the Department | ||||||
2 | of
Human Services pursuant to Section 5-2-4 or any other
| ||||||
3 | provision of the Unified Code of Corrections, the victim may | ||||||
4 | request to be
notified by the releasing authority of the | ||||||
5 | approval by the court of an on-grounds pass, a supervised | ||||||
6 | off-grounds pass, an unsupervised off-grounds pass, or | ||||||
7 | conditional release; the release on an off-grounds pass; the | ||||||
8 | return from an off-grounds pass; transfer to another facility; | ||||||
9 | conditional release; escape; death; or final discharge from | ||||||
10 | State
custody. The Department of Human Services shall establish | ||||||
11 | and maintain a statewide telephone number to be used by victims | ||||||
12 | to make notification requests under these provisions and shall | ||||||
13 | publicize this telephone number on its website and to the | ||||||
14 | State's Attorney of each county.
| ||||||
15 | (3) In the event of an escape from State custody, the | ||||||
16 | Department of
Corrections or the Department of Juvenile Justice | ||||||
17 | immediately shall notify the Prisoner Review Board of the | ||||||
18 | escape
and the Prisoner Review Board shall notify the victim. | ||||||
19 | The notification shall
be based upon the most recent | ||||||
20 | information as to the victim's residence or other
location | ||||||
21 | available to the Board. When no such information is available, | ||||||
22 | the
Board shall make all reasonable efforts to obtain the | ||||||
23 | information and make
the notification. When the escapee is | ||||||
24 | apprehended, the Department of
Corrections or the Department of | ||||||
25 | Juvenile Justice immediately shall notify the Prisoner Review | ||||||
26 | Board and the Board
shall notify the victim.
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1 | (4) The victim of the crime for which the prisoner has been | ||||||
2 | sentenced
shall receive reasonable written notice not less than | ||||||
3 | 30 days prior to the
parole or aftercare release hearing and | ||||||
4 | may submit, in writing, on film, videotape or other
electronic | ||||||
5 | means or in the form of a recording or in person at the parole | ||||||
6 | or aftercare release hearing
or if a victim of a violent crime, | ||||||
7 | by calling the
toll-free number established in subsection (f) | ||||||
8 | of this Section, information
for
consideration by the Prisoner | ||||||
9 | Review Board. The
victim shall be notified within 7 days after | ||||||
10 | the prisoner has been granted
parole or aftercare release and | ||||||
11 | shall be informed of the right to inspect the registry of | ||||||
12 | parole or aftercare release
decisions, established under | ||||||
13 | subsection (g) of Section 3-3-5 of the Unified
Code of | ||||||
14 | Corrections. The provisions of this paragraph (4) are subject | ||||||
15 | to the
Open Parole Hearings Act.
| ||||||
16 | (5) If a statement is presented under Section 6, the | ||||||
17 | Prisoner Review Board
shall inform the victim of any order of | ||||||
18 | discharge entered by the Board pursuant
to Section 3-3-8 of the | ||||||
19 | Unified Code of Corrections.
| ||||||
20 | (6) At the written request of the victim of the crime for | ||||||
21 | which the
prisoner was sentenced or the State's Attorney of the | ||||||
22 | county where the person seeking parole or aftercare release was | ||||||
23 | prosecuted, the Prisoner Review Board shall notify the victim | ||||||
24 | and the State's Attorney of the county where the person seeking | ||||||
25 | parole or aftercare release was prosecuted of
the death of the | ||||||
26 | prisoner if the prisoner died while on parole or aftercare |
| |||||||
| |||||||
1 | release or mandatory
supervised release.
| ||||||
2 | (7) When a defendant who has been committed to the | ||||||
3 | Department of
Corrections, the Department of Juvenile Justice, | ||||||
4 | or the Department of Human Services is released or discharged | ||||||
5 | and
subsequently committed to the Department of Human Services | ||||||
6 | as a sexually
violent person and the victim had requested to be | ||||||
7 | notified by the releasing
authority of the defendant's | ||||||
8 | discharge, conditional release, death, or escape from State | ||||||
9 | custody, the releasing
authority shall provide to the | ||||||
10 | Department of Human Services such information
that would allow | ||||||
11 | the Department of Human Services to contact the victim.
| ||||||
12 | (8) When a defendant has been convicted of a sex offense as | ||||||
13 | defined in Section 2 of the Sex Offender Registration Act and | ||||||
14 | has been sentenced to the Department of Corrections or the | ||||||
15 | Department of Juvenile Justice, the Prisoner Review Board shall | ||||||
16 | notify the victim of the sex offense of the prisoner's | ||||||
17 | eligibility for release on parole, aftercare release,
| ||||||
18 | mandatory supervised release, electronic detention, work | ||||||
19 | release, international transfer or exchange, or by the
| ||||||
20 | custodian of the discharge of any individual who was | ||||||
21 | adjudicated a delinquent
for a sex offense from State custody | ||||||
22 | and by the sheriff of the appropriate
county of any such | ||||||
23 | person's final discharge from county custody. The notification | ||||||
24 | shall be made to the victim at least 30 days, whenever | ||||||
25 | possible, before release of the sex offender. | ||||||
26 | (e) The officials named in this Section may satisfy some or |
| |||||||
| |||||||
1 | all of their
obligations to provide notices and other | ||||||
2 | information through participation in a
statewide victim and | ||||||
3 | witness notification system established by the Attorney
| ||||||
4 | General under Section 8.5 of this Act.
| ||||||
5 | (f) To permit a victim of a violent crime to provide | ||||||
6 | information to the
Prisoner Review Board for consideration by | ||||||
7 | the
Board at a parole or aftercare release hearing of a person | ||||||
8 | who committed the crime against
the victim in accordance with | ||||||
9 | clause (d)(4) of this Section or at a proceeding
to determine | ||||||
10 | the conditions of mandatory supervised release of a person
| ||||||
11 | sentenced to a determinate sentence or at a hearing on | ||||||
12 | revocation of mandatory
supervised release of a person | ||||||
13 | sentenced to a determinate sentence, the Board
shall establish | ||||||
14 | a toll-free number that may be accessed by the victim of
a | ||||||
15 | violent crime to present that information to the Board.
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16 | (Source: P.A. 97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, | ||||||
17 | eff. 7-13-12; 97-815, eff. 1-1-13; 98-372, eff. 1-1-14; 98-558, | ||||||
18 | eff. 1-1-14; revised 9-24-13.)
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19 | Section 20. The Unified Code of Corrections is amended by | ||||||
20 | changing Section 5-5-3.1 as follows:
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21 | (730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
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22 | Sec. 5-5-3.1. Factors in Mitigation.
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23 | (a) The following
grounds shall be accorded weight in favor | ||||||
24 | of withholding or
minimizing a sentence of imprisonment:
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1 | (1) The defendant's criminal conduct neither caused | ||||||
2 | nor
threatened serious physical harm to another.
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3 | (2) The defendant did not contemplate that his criminal | ||||||
4 | conduct would
cause or threaten serious physical harm to | ||||||
5 | another.
| ||||||
6 | (3) The defendant acted under a strong provocation.
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7 | (4) There were substantial grounds tending to excuse or | ||||||
8 | justify
the defendant's criminal conduct, though failing | ||||||
9 | to establish a
defense.
| ||||||
10 | (5) The defendant's criminal conduct was induced or | ||||||
11 | facilitated
by someone other than the defendant.
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12 | (6) The defendant has compensated or will compensate | ||||||
13 | the victim
of his criminal conduct for the damage or injury | ||||||
14 | that he sustained.
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15 | (7) The defendant has no history of prior delinquency | ||||||
16 | or
criminal activity or has led a law-abiding life for a | ||||||
17 | substantial
period of time before the commission of the | ||||||
18 | present crime.
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19 | (8) The defendant's criminal conduct was the result of
| ||||||
20 | circumstances unlikely to recur.
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21 | (9) The character and attitudes of the defendant | ||||||
22 | indicate that he is
unlikely to commit another crime.
| ||||||
23 | (10) The defendant is particularly likely to comply | ||||||
24 | with the terms of
a period of probation.
| ||||||
25 | (11) The imprisonment of the defendant would entail | ||||||
26 | excessive
hardship to his dependents.
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| |||||||
1 | (12) The imprisonment of the defendant would endanger | ||||||
2 | his or her medical
condition.
| ||||||
3 | (13) The defendant was intellectually disabled as | ||||||
4 | defined in Section 5-1-13 of
this Code.
| ||||||
5 | (14) The defendant sought or obtained emergency | ||||||
6 | medical assistance for an overdose and was convicted of a | ||||||
7 | Class 3 felony or higher possession, manufacture, or | ||||||
8 | delivery of a controlled, counterfeit, or look-alike | ||||||
9 | substance or a controlled substance analog under the | ||||||
10 | Illinois Controlled Substances Act or a Class 2 felony or | ||||||
11 | higher possession, manufacture or delivery of | ||||||
12 | methamphetamine under the Methamphetamine Control and | ||||||
13 | Community Protection Act. | ||||||
14 | (15) At the time of the offense, the defendant was or | ||||||
15 | had been the victim of domestic violence and the effects of | ||||||
16 | the domestic violence tended to excuse or justify the | ||||||
17 | defendant's criminal conduct. As used in this paragraph | ||||||
18 | (15), "domestic violence" means "abuse" as defined in | ||||||
19 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
20 | (b) If the court, having due regard for the character of | ||||||
21 | the
offender, the nature and circumstances of the offense and | ||||||
22 | the
public interest finds that a sentence of imprisonment is | ||||||
23 | the
most appropriate disposition of the offender, or where | ||||||
24 | other
provisions of this Code mandate the imprisonment of the | ||||||
25 | offender,
the grounds listed in paragraph (a) of this | ||||||
26 | subsection shall be
considered as factors in mitigation of the |
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| |||||||
1 | term imposed.
| ||||||
2 | (Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463, | ||||||
3 | eff. 8-16-13.)
|