State of Illinois
90th General Assembly
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90_HB3658

      725 ILCS 120/4.5
      730 ILCS 5/5-8A-6 new
          Amends the Rights of Crime Victims and Witnesses Act  and
      the  Unified Code of Corrections.  Provides that upon written
      request of a crime victim, the  supervising  authority  shall
      notify  the  crime  victim  of  periods  of  time  in which a
      participant in an electronic home detention  program  is  not
      being  monitored.    Provides that a supervising authority or
      its employees are immune from civil or criminal liability  if
      they fail to comply with the notification provisions.
                                                     LRB9011025RCbd
                                               LRB9011025RCbd
 1        AN ACT in relation to electronic home detention, amending
 2    named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Rights of Crime Victims and Witnesses Act
 6    is amended by changing Section 4.5 as follows:
 7        (725 ILCS 120/4.5)
 8        Sec. 4.5.  Procedures to implement the  rights  of  crime
 9    victims.    To   afford   crime  victims  their  rights,  law
10    enforcement, prosecutors, judges and corrections will provide
11    information, as appropriate of the following procedures:
12        (a)  At the request of the crime victim, law  enforcement
13    authorities  investigating  the  case shall provide notice of
14    the status of the investigation,  except  where  the  State's
15    Attorney determines that disclosure of such information would
16    unreasonably  interfere  with  the  investigation, until such
17    time  as  the  alleged  assailant  is  apprehended   or   the
18    investigation is closed.
19        (b)  The office of the State's Attorney:
20             (1)  shall   provide   notice   of   the  filing  of
21        information, the return  of  an  indictment  by  which  a
22        prosecution  for  any  violent crime is commenced, or the
23        filing  of  a  petition  to  adjudicate  a  minor  as   a
24        delinquent for a violent crime;
25             (2)  shall  provide  notice  of  the date, time, and
26        place of trial;
27             (3)  or  victim  advocate  personnel  shall  provide
28        information of social services and  financial  assistance
29        available  for victims of crime, including information of
30        how to apply for these services and assistance;
31             (4)  shall assist in  having  any  stolen  or  other
                            -2-                LRB9011025RCbd
 1        personal property held by law enforcement authorities for
 2        evidentiary  or  other purposes returned as expeditiously
 3        as possible,  pursuant  to  the  procedures  set  out  in
 4        Section 115-9 of the Code of Criminal Procedure of 1963;
 5             (5)  or  victim  advocate  personnel  shall  provide
 6        appropriate employer intercession services to ensure that
 7        employers  of  victims  will  cooperate with the criminal
 8        justice system in order to minimize an employee's loss of
 9        pay and other benefits resulting from court appearances;
10             (6)  shall provide information whenever possible, of
11        a secure waiting area during court proceedings that  does
12        not require victims to be in close proximity to defendant
13        or  juveniles  accused  of  a  violent  crime,  and their
14        families and friends;
15             (7)  shall provide notice to the crime victim of the
16        right  to  have  a  translator  present  at   all   court
17        proceedings;
18             (8)  in  the  case  of  the death of a person, which
19        death occurred in the same transaction or  occurrence  in
20        which acts occurred for which a defendant is charged with
21        an  offense,  shall  notify  the spouse, parent, child or
22        sibling of the decedent of the date of the trial  of  the
23        person or persons allegedly responsible for the death;
24             (9)  shall  inform  the  victim of the right to have
25        present at all court proceedings, subject to the rules of
26        evidence, an advocate or  other  support  person  of  the
27        victim's  choice, and the right to retain an attorney, at
28        the victim's own expense, who, upon written notice  filed
29        with  the  clerk of the court and State's Attorney, is to
30        receive copies of all notices, motions and  court  orders
31        filed  thereafter  in  the case, in the same manner as if
32        the victim were a named party in the case; and
33             (10)  at the sentencing hearing shall  make  a  good
34        faith  attempt  to  explain  the  minimum  amount of time
                            -3-                LRB9011025RCbd
 1        during which the defendant  may  actually  be  physically
 2        imprisoned.   The  Office  of  the State's Attorney shall
 3        further notify the crime victim of the right  to  request
 4        from the Prisoner Review Board information concerning the
 5        release  of  the  defendant  under subparagraph (d)(1) of
 6        this Section; and
 7             (11)  shall request restitution  at  sentencing  and
 8        shall  consider  restitution  in any plea negotiation, as
 9        provided by law.
10        (c)  At the written request  of  the  crime  victim,  the
11    office of the State's Attorney shall:
12             (1)  provide  notice a reasonable time in advance of
13        the following court proceedings: preliminary hearing, any
14        hearing the  effect  of  which  may  be  the  release  of
15        defendant  from  custody,  or  to alter the conditions of
16        bond and the sentencing hearing.  The crime victim  shall
17        also  be  notified  of  the  cancellation  of  the  court
18        proceeding  in  sufficient  time,  wherever  possible, to
19        prevent an unnecessary appearance in court;
20             (2)  provide notice within a reasonable  time  after
21        receipt  of  notice from the custodian, of the release of
22        the defendant on bail or  personal  recognizance  or  the
23        release  from  detention of a minor who has been detained
24        for a violent crime;
25             (3)  explain in nontechnical language the details of
26        any plea or verdict of a defendant, or  any  adjudication
27        of a juvenile as a delinquent for a violent crime;
28             (4)  where  practical, consult with the crime victim
29        before the Office of the State's Attorney makes an  offer
30        of  a  plea  bargain  to  the  defendant  or  enters into
31        negotiations with the  defendant  concerning  a  possible
32        plea  agreement,  and  shall  consider the written victim
33        impact statement, if prepared prior to  entering  into  a
34        plea agreement;
                            -4-                LRB9011025RCbd
 1             (5)  provide  notice  of the ultimate disposition of
 2        the cases arising from an indictment or  an  information,
 3        or  a  petition  to  have  a  juvenile  adjudicated  as a
 4        delinquent for a violent crime;
 5             (6)  provide notice  of  any  appeal  taken  by  the
 6        defendant   and   information   on  how  to  contact  the
 7        appropriate agency handling the appeal;
 8             (7)  provide   notice    of    any    request    for
 9        post-conviction  review  filed  by  the  defendant  under
10        Article  122  of  the Code of Criminal Procedure of 1963,
11        and of the date, time and place of any hearing concerning
12        the petition.  Whenever possible, notice of  the  hearing
13        shall be given in advance;
14             (8)  forward a copy of any statement presented under
15        Section  6  to the Prisoner Review Board to be considered
16        by the Board in making its determination under subsection
17        (b) of Section 3-3-8 of the Unified Code of Corrections.
18        (d) (1)  The Prisoner Review Board shall inform a  victim
19        or  any other concerned citizen, upon written request, of
20        the prisoner's release on  parole,  mandatory  supervised
21        release,  electronic  detention,  work  release or by the
22        custodian of the discharge  of  any  individual  who  was
23        adjudicated  a  delinquent for a violent crime from State
24        custody and by the sheriff of the appropriate  county  of
25        any  such  person's  final discharge from county custody.
26        The Prisoner Review Board, upon  written  request,  shall
27        provide  to  a  victim  or  any other concerned citizen a
28        recent photograph of any person convicted  of  a  felony,
29        upon his or her release from custody. The Prisoner Review
30        Board, upon written request, shall inform a victim or any
31        other  concerned  citizen  when  feasible at least 7 days
32        prior to the prisoner's release on furlough of the  times
33        and  dates of such furlough.  Upon written request by the
34        victim  or  any  other  concerned  citizen,  the  State's
                            -5-                LRB9011025RCbd
 1        Attorney shall notify the person once of  the  times  and
 2        dates  of  release  of  a  prisoner sentenced to periodic
 3        imprisonment.  Notification shall be based  on  the  most
 4        recent  information  as  to  victim's  or other concerned
 5        citizen's residence or other location  available  to  the
 6        notifying  authority.  For purposes of this paragraph (1)
 7        of subsection (d), "concerned citizen" includes relatives
 8        of the victim, friends of the victim,  witnesses  to  the
 9        crime,  or any other person associated with the victim or
10        prisoner.
11             (2)  When the defendant has been  committed  to  the
12        Department of Human Services pursuant to Section 5-2-4 or
13        any  other  provision of the Unified Code of Corrections,
14        the victim may request to be notified  by  the  releasing
15        authority   of   the  defendant's  discharge  from  State
16        custody.
17             (3)  In the event of an escape from  State  custody,
18        the  Department  of  Corrections immediately shall notify
19        the Prisoner Review Board of the escape and the  Prisoner
20        Review  Board  shall notify the victim.  The notification
21        shall be based upon the most recent information as to the
22        victim's residence or other  location  available  to  the
23        Board.   When no such information is available, the Board
24        shall  make  all  reasonable  efforts   to   obtain   the
25        information  and make the notification.  When the escapee
26        is apprehended, the Department of Corrections immediately
27        shall notify the Prisoner  Review  Board  and  the  Board
28        shall notify the victim.
29             (4)  The  victim of the crime for which the prisoner
30        has  been  sentenced  shall  receive  reasonable  written
31        notice not less than 15 days prior to the parole  hearing
32        and  may  submit, in writing, on film, videotape or other
33        electronic means or in the form  of  a  recording  or  in
34        person   at   the   parole   hearing,   information   for
                            -6-                LRB9011025RCbd
 1        consideration  by  the Prisoner Review Board.  The victim
 2        shall be notified within 7 days after  the  prisoner  has
 3        been granted parole and shall be informed of the right to
 4        inspect  the  registry  of  parole decisions, established
 5        under subsection (g) of Section 3-3-5 of the Unified Code
 6        of Corrections.  The provisions of this paragraph (4) are
 7        subject to the Open Parole Hearings Act.
 8             (5)  If a statement is presented  under  Section  6,
 9        the  Prisoner Review Board shall inform the victim of any
10        order of discharge  entered  by  the  Board  pursuant  to
11        Section 3-3-8 of the Unified Code of Corrections.
12             (6)  At  the  written  request  of the victim of the
13        crime for which the prisoner was sentenced, the  Prisoner
14        Review  Board shall notify the victim of the death of the
15        prisoner  if  the  prisoner  died  while  on  parole   or
16        mandatory supervised release.
17        (e)  Upon   written   request  of  a  crime  victim,  the
18    supervising authority of a person  placed  in  an  electronic
19    home  detention  program shall inform the crime victim of any
20    period of time in which the person placed  in  an  electronic
21    home  detention  program  is  not being monitored in a manner
22    prescribed  in  Section  5-8A-6  of  the  Unified   Code   of
23    Corrections.
24    (Source:  P.A.  89-8,  eff.  3-21-95;  89-235,  eff.  8-4-95;
25    89-481,   eff.  1-1-97;  89-507,  eff.  7-1-97;  90-14,  eff.
26    7-1-97.)
27        Section 10.  The Unified Code of Corrections  is  amended
28    by adding Section 5-8A-6 as follows:
29        (730 ILCS 5/5-8A-6 new)
30        Sec.  5-8A-6.  Periods  in which participant is not being
31    monitored; victim notification.
32        (a)  If a crime victim as defined in the Rights of  Crime
                            -7-                LRB9011025RCbd
 1    Victims  and Witnesses Act notifies the supervising authority
 2    that the crime victim desires notification of any  period  of
 3    time in which the participant in an electronic home detention
 4    program  is  not  being  monitored, the supervising authority
 5    shall inform the crime victim in advance that the participant
 6    will not be monitored at the specific time period or  if  the
 7    participant    disconnects   the   monitoring   device,   the
 8    supervising  authority  shall   inform   the   crime   victim
 9    immediately  upon  that discovery that the participant is not
10    being  monitored.    The  crime  victim  shall  furnish   the
11    supervising  authority  with a telephone number or voice mail
12    drop box where the crime victim may be contacted.
13        (b)  Notwithstanding any other provision of  law  to  the
14    contrary,  any  supervising authority or any of its employees
15    who fail to comply with the notification provisions  of  this
16    Section  and  subsection  (e) of Section 4.5 of the Rights of
17    Crime Victims and Witnesses Act shall not be  liable  in  any
18    civil  or  criminal  actions  for that failure to comply with
19    these provisions.

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