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| Public Act 097-0299 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Open Parole Hearings Act is amended by | ||||
changing Sections 5 and 35 as follows:
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(730 ILCS 105/5) (from Ch. 38, par. 1655)
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Sec. 5. Definitions. As used in this Act:
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(a) "Applicant" means an inmate who is being considered for | ||||
parole by
the Prisoner Review Board.
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(b) "Board" means the Prisoner Review Board as established | ||||
in Section
3-3-1 of the Unified Code of Corrections.
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(c) "Parolee" means a person subject to parole revocation | ||||
proceedings.
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(d) "Parole hearing" means the formal hearing and | ||||
determination of an
inmate being considered for release from | ||||
incarceration on community
supervision.
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(e) "Parole or mandatory supervised release revocation | ||||
hearing" means
the formal hearing and determination of | ||||
allegations that a parolee or
mandatory supervised releasee has | ||||
violated the conditions of his or her
release agreement.
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(f) "Victim" means a victim or witness of a violent crime | ||||
as defined in
subsection (a) of Section 3 of the Bill of Rights | ||||
for Victims and Witnesses
of Violent Crime Act, or any person | ||||
legally related to the victim by blood, marriage, adoption, or | ||
guardianship, or any friend of the victim, or any concerned | ||
citizen.
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(g) "Violent crime" means a crime defined in subsection (c) | ||
of
Section 3 of the Bill of Rights for Victims and Witnesses of | ||
Violent
Crime Act.
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(Source: P.A. 87-224.)
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(730 ILCS 105/35) (from Ch. 38, par. 1685)
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Sec. 35. Victim impact statements.
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(a) The Board shall receive and consider victim impact | ||
statements.
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(b) Victim Written victim impact statements either oral, | ||
written, video-taped, tape recorded or made by other electronic | ||
means shall not be considered public
documents under provisions | ||
of the Freedom of Information Act.
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(c) The inmate or his attorney shall be informed of the | ||
existence of a
victim impact statement and its contents under | ||
provisions of Board rules.
This shall not be construed to | ||
permit disclosure to an inmate of any
information which might | ||
result in the risk of threats or physical harm to a
victim or | ||
complaining witness.
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(d) The inmate shall be given the opportunity to answer a | ||
victim impact
statement, either orally or in writing.
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(e) All written victim impact statements shall be part of | ||
the applicant's
or parolee's parole file.
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(Source: P.A. 87-224.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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