| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning criminal law.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Open Parole Hearings Act is amended by | ||||||
| 5 | changing Sections 5 and 35 as follows:
| ||||||
| 6 | (730 ILCS 105/5) (from Ch. 38, par. 1655)
| ||||||
| 7 | Sec. 5. Definitions. As used in this Act:
| ||||||
| 8 | (a) "Applicant" means an inmate who is being considered for | ||||||
| 9 | parole by
the Prisoner Review Board.
| ||||||
| 10 | (b) "Board" means the Prisoner Review Board as established | ||||||
| 11 | in Section
3-3-1 of the Unified Code of Corrections.
| ||||||
| 12 | (c) "Parolee" means a person subject to parole revocation | ||||||
| 13 | proceedings.
| ||||||
| 14 | (d) "Parole hearing" means the formal hearing and | ||||||
| 15 | determination of an
inmate being considered for release from | ||||||
| 16 | incarceration on community
supervision.
| ||||||
| 17 | (e) "Parole or mandatory supervised release revocation | ||||||
| 18 | hearing" means
the formal hearing and determination of | ||||||
| 19 | allegations that a parolee or
mandatory supervised releasee has | ||||||
| 20 | violated the conditions of his or her
release agreement.
| ||||||
| 21 | (f) "Victim" means a victim or witness of a violent crime | ||||||
| 22 | as defined in
subsection (a) of Section 3 of the Bill of Rights | ||||||
| 23 | for Victims and Witnesses
of Violent Crime Act, or any person | ||||||
| |||||||
| |||||||
| 1 | legally related to the victim by blood, marriage, adoption, or | ||||||
| 2 | guardianship, or any friend of the victim, or any concerned | ||||||
| 3 | citizen.
| ||||||
| 4 | (g) "Violent crime" means a crime defined in subsection (c) | ||||||
| 5 | of
Section 3 of the Bill of Rights for Victims and Witnesses of | ||||||
| 6 | Violent
Crime Act.
| ||||||
| 7 | (Source: P.A. 87-224.)
| ||||||
| 8 | (730 ILCS 105/35) (from Ch. 38, par. 1685)
| ||||||
| 9 | Sec. 35. Victim impact statements.
| ||||||
| 10 | (a) The Board shall receive and consider victim impact | ||||||
| 11 | statements.
| ||||||
| 12 | (b) Victim Written victim impact statements either oral, | ||||||
| 13 | written, video-taped, tape recorded or made by other electronic | ||||||
| 14 | means shall not be considered public
documents under provisions | ||||||
| 15 | of the Freedom of Information Act.
| ||||||
| 16 | (c) The inmate or his attorney shall be informed of the | ||||||
| 17 | existence of a
victim impact statement and its contents under | ||||||
| 18 | provisions of Board rules.
This shall not be construed to | ||||||
| 19 | permit disclosure to an inmate of any
information which might | ||||||
| 20 | result in the risk of threats or physical harm to a
victim or | ||||||
| 21 | complaining witness.
| ||||||
| 22 | (d) The inmate shall be given the opportunity to answer a | ||||||
| 23 | victim impact
statement, either orally or in writing.
| ||||||
| 24 | (e) All written victim impact statements shall be part of | ||||||
| 25 | the applicant's
or parolee's parole file.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 87-224.)
| ||||||
| 2 | Section 99. Effective date. This Act takes effect upon | ||||||
| 3 | becoming law.
| ||||||