Full Text of SB2254 95th General Assembly
SB2254sam003 95TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 4/11/2008
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| AMENDMENT TO SENATE BILL 2254
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| AMENDMENT NO. ______. Amend Senate Bill 2254, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Rights of Crime Victims and Witnesses Act | 6 |
| is amended by changing Sections 3 and 4.5 as follows:
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| (725 ILCS 120/3) (from Ch. 38, par. 1403)
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| (Text of Section before amendment by P.A. 95-591 )
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| Sec. 3. The terms used in this Act, unless the context | 10 |
| clearly
requires otherwise, shall have the following meanings:
| 11 |
| (a) "Crime victim" and "victim" mean means (1) a person | 12 |
| physically injured in this State as a
result of a violent crime | 13 |
| perpetrated or attempted against that person or (2) a
person | 14 |
| who suffers injury to or loss of property as a result of a | 15 |
| violent crime
perpetrated or attempted against that person or | 16 |
| (3) a single representative who
may be the spouse, parent, |
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| child or sibling of a person killed as a result of a
violent | 2 |
| crime perpetrated against the person killed or the spouse, | 3 |
| parent,
child or sibling of any person granted rights under | 4 |
| this Act who is physically
or mentally incapable of exercising | 5 |
| such rights, except where the spouse,
parent, child or sibling | 6 |
| is also the defendant or prisoner or (4) any person
against | 7 |
| whom a violent crime has been committed or (5) any person
who | 8 |
| has suffered personal injury as a result of a violation of | 9 |
| Section 11-501
of the Illinois Vehicle Code, or of a similar | 10 |
| provision of a local ordinance,
or of Section 9-3 of the | 11 |
| Criminal Code of 1961, as amended or (6) in proceedings under | 12 |
| the Juvenile Court Act of 1987, both parents of a deceased | 13 |
| minor who is a crime victim . ;
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| (b) "Witness" means any person who personally observed the | 15 |
| commission of
a violent crime and who will testify on behalf of | 16 |
| the State of Illinois in
the criminal prosecution of the | 17 |
| violent crime . ;
| 18 |
| (c) "Violent Crime" means any felony in which force or | 19 |
| threat of force was
used against the victim, or any offense | 20 |
| involving sexual exploitation, sexual
conduct or sexual | 21 |
| penetration, domestic battery, violation of an order of
| 22 |
| protection, stalking, or any misdemeanor which results in death | 23 |
| or great bodily
harm to the victim or any violation of Section | 24 |
| 9-3 of the Criminal Code of
1961, or Section 11-501 of the | 25 |
| Illinois Vehicle
Code, or a similar provision of a local | 26 |
| ordinance, if the violation resulted
in personal injury or |
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| death, and includes any action committed by a juvenile
that | 2 |
| would be a violent crime if committed by an adult. For the | 3 |
| purposes of
this paragraph, "personal injury" shall include any | 4 |
| Type A injury as indicated
on the traffic accident report | 5 |
| completed by a law enforcement officer that
requires immediate | 6 |
| professional attention in either a doctor's office or
medical | 7 |
| facility. A type A injury shall include severely bleeding | 8 |
| wounds,
distorted extremities, and injuries that require the | 9 |
| injured party to be
carried from the scene . ;
| 10 |
| (d) "Sentencing Hearing" means any hearing where a sentence | 11 |
| is imposed
by the court on a convicted defendant and includes | 12 |
| hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | 13 |
| and 5-7-7 of the Unified Code of
Corrections except those cases | 14 |
| in which both parties have agreed to the
imposition of a | 15 |
| specific sentence.
| 16 |
| (e) "Court proceedings" includes the preliminary hearing, | 17 |
| any hearing the
effect of which may be the release of the | 18 |
| defendant from custody or to alter
the conditions of bond, the | 19 |
| trial, sentencing hearing, notice of appeal, any
modification | 20 |
| of sentence, probation revocation hearings or parole hearings.
| 21 |
| (f) "Concerned citizen"
includes relatives of the victim, | 22 |
| friends of the victim, witnesses to the
crime, or any other | 23 |
| person associated with the victim or prisoner. | 24 |
| (Source: P.A. 94-271, eff. 1-1-06; revised 11-16-07.)
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| (Text of Section after amendment by P.A. 95-591 )
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| Sec. 3. The terms used in this Act, unless the context | 2 |
| clearly
requires otherwise, shall have the following meanings:
| 3 |
| (a) "Crime victim" and "victim" mean means (1) a person | 4 |
| physically injured in this State as a
result of a violent crime | 5 |
| perpetrated or attempted against that person or (2) a
person | 6 |
| who suffers injury to or loss of property as a result of a | 7 |
| violent crime
perpetrated or attempted against that person or | 8 |
| (3) a single
representative who
may be the spouse, parent, | 9 |
| child or sibling of a person killed as a result of a
violent | 10 |
| crime perpetrated against the person killed or the spouse, | 11 |
| parent,
child or sibling of any person granted rights under | 12 |
| this Act who is physically
or mentally incapable of exercising | 13 |
| such rights, except where the spouse,
parent, child or sibling | 14 |
| is also the defendant or prisoner or (4) any person
against | 15 |
| whom a violent crime has been committed or (5) any person
who | 16 |
| has suffered personal injury as a result of a violation of | 17 |
| Section 11-501
of the Illinois Vehicle Code, or of a similar | 18 |
| provision of a local ordinance,
or of Section 9-3 of the | 19 |
| Criminal Code of 1961, as amended or (6) in proceedings under | 20 |
| the Juvenile Court Act of 1987, both parents, legal guardians, | 21 |
| foster parents, or a single adult representative of a minor or | 22 |
| disabled person who is a crime victim . ;
| 23 |
| (b) "Witness" means any person who personally observed the | 24 |
| commission of
a violent crime and who will testify on behalf of | 25 |
| the State of Illinois in
the criminal prosecution of the | 26 |
| violent crime . ;
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| (c) "Violent Crime" means any felony in which force or | 2 |
| threat of force was
used against the victim, or any offense | 3 |
| involving sexual exploitation, sexual
conduct or sexual | 4 |
| penetration, domestic battery, violation of an order of
| 5 |
| protection, stalking, or any misdemeanor which results in death | 6 |
| or great bodily
harm to the victim or any violation of Section | 7 |
| 9-3 of the Criminal Code of
1961, or Section 11-501 of the | 8 |
| Illinois Vehicle
Code, or a similar provision of a local | 9 |
| ordinance, if the violation resulted
in personal injury or | 10 |
| death, and includes any action committed by a juvenile
that | 11 |
| would be a violent crime if committed by an adult. For the | 12 |
| purposes of
this paragraph, "personal injury" shall include any | 13 |
| Type A injury as indicated
on the traffic accident report | 14 |
| completed by a law enforcement officer that
requires immediate | 15 |
| professional attention in either a doctor's office or
medical | 16 |
| facility. A type A injury shall include severely bleeding | 17 |
| wounds,
distorted extremities, and injuries that require the | 18 |
| injured party to be
carried from the scene . ;
| 19 |
| (d) "Sentencing Hearing" means any hearing where a sentence | 20 |
| is imposed
by the court on a convicted defendant and includes | 21 |
| hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | 22 |
| and 5-7-7 of the Unified Code of
Corrections except those cases | 23 |
| in which both parties have agreed to the
imposition of a | 24 |
| specific sentence.
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| (e) "Court proceedings" includes the preliminary hearing, | 26 |
| any hearing the
effect of which may be the release of the |
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| defendant from custody or to alter
the conditions of bond, the | 2 |
| trial, sentencing hearing, notice of appeal, any
modification | 3 |
| of sentence, probation revocation hearings or parole hearings.
| 4 |
| (f) "Concerned citizen"
includes relatives of the victim, | 5 |
| friends of the victim, witnesses to the
crime, or any other | 6 |
| person associated with the victim or prisoner. | 7 |
| (Source: P.A. 94-271, eff. 1-1-06; 95-591, eff. 6-1-08; revised | 8 |
| 11-16-07.)
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| (725 ILCS 120/4.5)
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| Sec. 4.5. Procedures to implement the rights of crime | 11 |
| victims. To afford
crime victims their rights, law enforcement, | 12 |
| prosecutors, judges and
corrections will provide information, | 13 |
| as appropriate of the following
procedures:
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| (a) At the request of the crime victim, law enforcement | 15 |
| authorities
investigating the case shall provide notice of the | 16 |
| status of the investigation,
except where the State's Attorney | 17 |
| determines that disclosure of such
information would | 18 |
| unreasonably interfere with the investigation, until such
time | 19 |
| as the alleged assailant is apprehended or the investigation is | 20 |
| closed.
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| (b) The office of the State's Attorney:
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| (1) shall provide notice of the filing of information, | 23 |
| the return of an
indictment by which a prosecution for any | 24 |
| violent crime is commenced, or the
filing of a petition to | 25 |
| adjudicate a minor as a delinquent for a violent
crime;
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| (2) shall provide notice of the date, time, and place | 2 |
| of trial;
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| (3) or victim advocate personnel shall provide | 4 |
| information of social
services and financial assistance | 5 |
| available for victims of crime, including
information of | 6 |
| how to apply for these services and assistance;
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| (4) shall assist in having any stolen or other personal | 8 |
| property held by
law enforcement authorities for | 9 |
| evidentiary or other purposes returned as
expeditiously as | 10 |
| possible, pursuant to the procedures set out in Section | 11 |
| 115-9
of the Code of Criminal Procedure of 1963;
| 12 |
| (5) or victim advocate personnel shall provide | 13 |
| appropriate employer
intercession services to ensure that | 14 |
| employers of victims will cooperate with
the criminal | 15 |
| justice system in order to minimize an employee's loss of | 16 |
| pay and
other benefits resulting from court appearances;
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| (6) shall provide information whenever possible, of a | 18 |
| secure waiting
area during court proceedings that does not | 19 |
| require victims to be in close
proximity to defendant or | 20 |
| juveniles accused of a violent crime, and their
families | 21 |
| and friends;
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| (7) shall provide notice to the crime victim of the | 23 |
| right to have a
translator present at all court | 24 |
| proceedings;
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| (8) in the case of the death of a person, which death | 26 |
| occurred in the same
transaction or occurrence in which |
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| acts occurred for which a defendant is
charged with an | 2 |
| offense, shall notify the spouse, parent, child or sibling | 3 |
| of
the decedent of the date of the trial of the person or | 4 |
| persons allegedly
responsible for the death;
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| (9) shall inform the victim of the right to have | 6 |
| present at all court
proceedings, subject to the rules of | 7 |
| evidence, an advocate or other support
person of the | 8 |
| victim's choice, and the right to retain an attorney, at | 9 |
| the
victim's own expense, who, upon written notice filed | 10 |
| with the clerk of the
court and State's Attorney, is to | 11 |
| receive copies of all notices, motions and
court orders | 12 |
| filed thereafter in the case, in the same manner as if the | 13 |
| victim
were a named party in the case; and
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| (10) at the sentencing hearing shall make a good faith | 15 |
| attempt to explain
the minimum amount of time during which | 16 |
| the defendant may actually be
physically imprisoned. The | 17 |
| Office of the State's Attorney shall further notify
the | 18 |
| crime victim of the right to request from the Prisoner | 19 |
| Review Board
information concerning the release of the | 20 |
| defendant under subparagraph (d)(1)
of this Section; and
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| (11) shall request restitution at sentencing and shall | 22 |
| consider
restitution in any plea negotiation, as provided | 23 |
| by law.
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| (c) At the written request of the crime victim, the office | 25 |
| of the State's
Attorney shall:
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| (1) provide notice a reasonable time in advance of the |
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| following court
proceedings: preliminary hearing, any | 2 |
| hearing the effect of which may be the
release of defendant | 3 |
| from custody, or to alter the conditions of bond and the
| 4 |
| sentencing hearing. The crime victim shall also be notified | 5 |
| of the
cancellation of the court proceeding in sufficient | 6 |
| time, wherever possible, to
prevent an unnecessary | 7 |
| appearance in court;
| 8 |
| (2) provide notice within a reasonable time after | 9 |
| receipt of notice from
the custodian, of the release of the | 10 |
| defendant on bail or personal recognizance
or the release | 11 |
| from detention of a minor who has been detained for a | 12 |
| violent
crime;
| 13 |
| (3) explain in nontechnical language the details of any | 14 |
| plea or verdict of
a defendant, or any adjudication of a | 15 |
| juvenile as a delinquent for a violent
crime;
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| (4) where practical, consult with the crime victim | 17 |
| before the Office of
the State's Attorney makes an offer of | 18 |
| a plea bargain to the defendant or
enters into negotiations | 19 |
| with the defendant concerning a possible plea
agreement, | 20 |
| and shall consider the written victim impact statement, if | 21 |
| prepared
prior to entering into a plea agreement;
| 22 |
| (5) provide notice of the ultimate disposition of the | 23 |
| cases arising from
an indictment or an information, or a | 24 |
| petition to have a juvenile adjudicated
as a delinquent for | 25 |
| a violent crime;
| 26 |
| (6) provide notice of any appeal taken by the defendant |
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| and information
on how to contact the appropriate agency | 2 |
| handling the appeal;
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| (7) provide notice of any request for post-conviction | 4 |
| review filed by the
defendant under Article 122 of the Code | 5 |
| of Criminal Procedure of 1963, and of
the date, time and | 6 |
| place of any hearing concerning the petition. Whenever
| 7 |
| possible, notice of the hearing shall be given in advance;
| 8 |
| (8) forward a copy of any statement presented under | 9 |
| Section 6 to the
Prisoner Review Board to be considered by | 10 |
| the Board in making its determination
under subsection (b) | 11 |
| of Section 3-3-8 of the Unified Code of Corrections.
| 12 |
| (d) (1) The Prisoner Review Board shall inform a victim or | 13 |
| any other
concerned citizen, upon written request, of the | 14 |
| prisoner's release on parole,
mandatory supervised release, | 15 |
| electronic detention, work release, international transfer or | 16 |
| exchange, or by the
custodian of the discharge of any | 17 |
| individual who was adjudicated a delinquent
for a violent crime | 18 |
| from State custody and by the sheriff of the appropriate
county | 19 |
| of any such person's final discharge from county custody.
The | 20 |
| Prisoner Review Board, upon written request, shall provide to a | 21 |
| victim or
any other concerned citizen a recent photograph of | 22 |
| any person convicted of a
felony, upon his or her release from | 23 |
| custody.
The Prisoner
Review Board, upon written request, shall | 24 |
| inform a victim or any other
concerned citizen when feasible at | 25 |
| least 7 days prior to the prisoner's release
on furlough of the | 26 |
| times and dates of such furlough. Upon written request by
the |
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| victim or any other concerned citizen, the State's Attorney | 2 |
| shall notify
the person once of the times and dates of release | 3 |
| of a prisoner sentenced to
periodic imprisonment. Notification | 4 |
| shall be based on the most recent
information as to victim's or | 5 |
| other concerned citizen's residence or other
location | 6 |
| available to the notifying authority.
For purposes of this | 7 |
| paragraph (1) of subsection (d), "concerned citizen"
includes | 8 |
| relatives of the victim, friends of the victim, witnesses to | 9 |
| the
crime, or any other person associated with the victim or | 10 |
| prisoner.
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| (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, the | 14 |
| victim may request to be
notified by the releasing | 15 |
| authority of the defendant's discharge from State
custody.
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| (3) In the event of an escape from State custody, the | 17 |
| Department of
Corrections or the Department of Juvenile | 18 |
| Justice immediately shall notify the Prisoner Review Board | 19 |
| of the escape
and the Prisoner Review Board shall notify | 20 |
| the victim. The notification shall
be based upon the most | 21 |
| recent information as to the victim's residence or other
| 22 |
| location available to the Board. When no such information | 23 |
| is available, the
Board shall make all reasonable efforts | 24 |
| to obtain the information and make
the notification. When | 25 |
| the escapee is apprehended, the Department of
Corrections | 26 |
| or the Department of Juvenile Justice immediately shall |
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| notify the Prisoner Review Board and the Board
shall notify | 2 |
| the victim.
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| (4) The victim of the crime for which the prisoner has | 4 |
| been sentenced
shall receive reasonable written notice not | 5 |
| less than 30 15 days prior to the
parole hearing and may | 6 |
| submit, in writing, on film, videotape or other
electronic | 7 |
| means or in the form of a recording or in person at the | 8 |
| parole
hearing
or if a victim of a violent crime, by | 9 |
| calling the
toll-free number established in subsection (f) | 10 |
| of this Section, information
for
consideration by the | 11 |
| Prisoner Review Board. The
victim shall be notified within | 12 |
| 7 days after the prisoner has been granted
parole and shall | 13 |
| be informed of the right to inspect the registry of parole
| 14 |
| decisions, established under subsection (g) of Section | 15 |
| 3-3-5 of the Unified
Code of Corrections. The provisions of | 16 |
| this paragraph (4) are subject to the
Open Parole Hearings | 17 |
| Act. When the victim, concerned citizens, or the State's | 18 |
| Attorney has opposed parole for an inmate sentenced under | 19 |
| the law in effect prior to February 1, 1978, the additional | 20 |
| provision in paragraph (5.1) applies.
| 21 |
| (5) If a statement is presented under Section 6, the | 22 |
| Prisoner Review Board
shall inform the victim of any order | 23 |
| of discharge entered by the Board pursuant
to Section 3-3-8 | 24 |
| of the Unified Code of Corrections.
| 25 |
| (5.1) If a victim or concerned citizen has registered | 26 |
| an objection to parole of an inmate sentenced under the law |
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| in effect prior to February 1, 1978, the victim or | 2 |
| concerned citizen shall receive a copy of the most recent | 3 |
| written submissions that the inmate filed in requesting | 4 |
| parole. The Prisoner Review Board may satisfy this | 5 |
| requirement by tendering these documents to the State's | 6 |
| Attorney's Office that has submitted objections.
| 7 |
| (6) At the written request of the victim of the crime | 8 |
| for which the
prisoner was sentenced or the State's | 9 |
| Attorney of the county where the person seeking parole was | 10 |
| prosecuted , the Prisoner Review Board shall notify the | 11 |
| victim and the State's Attorney of the county where the | 12 |
| person seeking parole was prosecuted of
the death of the | 13 |
| prisoner if the prisoner died while on parole or mandatory
| 14 |
| supervised release.
| 15 |
| (7) When a defendant who has been committed to the | 16 |
| Department of
Corrections, the Department of Juvenile | 17 |
| Justice, or the Department of Human Services is released or | 18 |
| discharged and
subsequently committed to the Department of | 19 |
| Human Services as a sexually
violent person and the victim | 20 |
| had requested to be notified by the releasing
authority of | 21 |
| the defendant's discharge from State custody, the | 22 |
| releasing
authority shall provide to the Department of | 23 |
| Human Services such information
that would allow the | 24 |
| Department of Human Services to contact the victim.
| 25 |
| (e) The officials named in this Section may satisfy some or | 26 |
| all of their
obligations to provide notices and other |
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| information through participation in a
statewide victim and | 2 |
| witness notification system established by the Attorney
| 3 |
| General under Section 8.5 of this Act.
| 4 |
| (f) To permit a victim of a violent crime to provide | 5 |
| information to the
Prisoner Review Board for consideration by | 6 |
| the
Board at a parole hearing of a person who committed the | 7 |
| crime against
the victim in accordance with clause (d)(4) of | 8 |
| this Section or at a proceeding
to determine the conditions of | 9 |
| mandatory supervised release of a person
sentenced to a | 10 |
| determinate sentence or at a hearing on revocation of mandatory
| 11 |
| supervised release of a person sentenced to a determinate | 12 |
| sentence, the Board
shall establish a toll-free number that may | 13 |
| be accessed by the victim of
a violent crime to present that | 14 |
| information to the Board.
| 15 |
| (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
| 16 |
| Section 10. The Unified Code of Corrections is amended by | 17 |
| changing Sections 3-3-2, 3-3-4, 3-3-5, and 3-5-1 as follows:
| 18 |
| (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 19 |
| Sec. 3-3-2. Powers and Duties.
| 20 |
| (a) The Parole and Pardon Board is abolished and the term | 21 |
| "Parole and
Pardon Board" as used in any law of Illinois, shall | 22 |
| read "Prisoner Review
Board." After the effective date of this | 23 |
| amendatory Act of 1977, the
Prisoner Review Board shall provide | 24 |
| by rule for the orderly transition of
all files, records, and |
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| documents of the Parole and Pardon Board and for
such other | 2 |
| steps as may be necessary to effect an orderly transition and | 3 |
| shall:
| 4 |
| (1) hear by at least one member and through a panel of | 5 |
| at least 3 members
decide, cases of prisoners
who were | 6 |
| sentenced under the law in effect prior to the effective
| 7 |
| date of this amendatory Act of 1977, and who are eligible | 8 |
| for parole;
| 9 |
| (2) hear by at least one member and through a panel of | 10 |
| at least 3 members decide, the conditions of
parole and the | 11 |
| time of discharge from parole, impose sanctions for
| 12 |
| violations of parole, and revoke
parole for those sentenced | 13 |
| under the law in effect prior to this amendatory
Act of | 14 |
| 1977; provided that the decision to parole and the | 15 |
| conditions of
parole for all prisoners who were sentenced | 16 |
| for first degree murder or who
received a minimum sentence | 17 |
| of 20 years or more under the law in effect
prior to | 18 |
| February 1, 1978 shall be determined by a majority vote of | 19 |
| the
Prisoner Review Board after the members present at the | 20 |
| en banc have heard presentations in support of and, if the | 21 |
| parole is opposed, in objection to the parole request ;
| 22 |
| (3) hear by at least one member and through a panel of | 23 |
| at least 3 members decide, the conditions
of mandatory | 24 |
| supervised release and the time of discharge from mandatory
| 25 |
| supervised release, impose sanctions for violations of | 26 |
| mandatory
supervised release, and revoke mandatory |
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| supervised release for those
sentenced under the law in | 2 |
| effect after the effective date of this
amendatory Act of | 3 |
| 1977;
| 4 |
| (3.5) hear by at least one member and through a panel | 5 |
| of at least 3 members decide, the conditions of mandatory | 6 |
| supervised release and the time of discharge from mandatory | 7 |
| supervised release, to impose sanctions for violations of | 8 |
| mandatory supervised release and revoke mandatory | 9 |
| supervised release for those serving extended supervised | 10 |
| release terms pursuant to paragraph (4) of subsection (d) | 11 |
| of Section 5-8-1;
| 12 |
| (4) hear by at least 1 member and through a panel of at | 13 |
| least 3
members,
decide cases brought by the Department of | 14 |
| Corrections against a prisoner in
the custody of the | 15 |
| Department for alleged violation of Department rules
with | 16 |
| respect to good conduct credits pursuant to Section 3-6-3 | 17 |
| of this Code
in which the Department seeks to revoke good | 18 |
| conduct credits, if the amount
of time at issue exceeds 30 | 19 |
| days or when, during any 12 month period, the
cumulative | 20 |
| amount of credit revoked exceeds 30 days except where the
| 21 |
| infraction is committed or discovered within 60 days of | 22 |
| scheduled release.
In such cases, the Department of | 23 |
| Corrections may revoke up to 30 days of
good conduct | 24 |
| credit. The Board may subsequently approve the revocation | 25 |
| of
additional good conduct credit, if the Department seeks | 26 |
| to revoke good
conduct credit in excess of thirty days. |
|
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09500SB2254sam003 |
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| 1 |
| However, the Board shall not be
empowered to review the | 2 |
| Department's decision with respect to the loss of
30 days | 3 |
| of good conduct credit for any prisoner or to increase any | 4 |
| penalty
beyond the length requested by the Department;
| 5 |
| (5) hear by at least one member and through a panel of | 6 |
| at least 3
members decide, the
release dates for certain | 7 |
| prisoners sentenced under the law in existence
prior to the | 8 |
| effective date of this amendatory Act of 1977, in
| 9 |
| accordance with Section 3-3-2.1 of this Code;
| 10 |
| (6) hear by at least one member and through a panel of | 11 |
| at least 3 members
decide, all requests for pardon, | 12 |
| reprieve or commutation, and make confidential
| 13 |
| recommendations to the Governor;
| 14 |
| (7) comply with the requirements of the Open Parole | 15 |
| Hearings Act;
| 16 |
| (8) hear by at least one member and, through a panel of | 17 |
| at least 3
members, decide cases brought by the Department | 18 |
| of Corrections against a
prisoner in the custody of the | 19 |
| Department for court dismissal of a frivolous
lawsuit | 20 |
| pursuant to Section 3-6-3(d) of this Code in which the | 21 |
| Department seeks
to revoke up to 180 days of good conduct | 22 |
| credit, and if the prisoner has not
accumulated 180 days of | 23 |
| good conduct credit at the time of the dismissal, then
all | 24 |
| good conduct credit accumulated by the prisoner shall be | 25 |
| revoked;
and
| 26 |
| (9) hear by at least 3 members, and, through a panel of |
|
|
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| 1 |
| at least 3
members, decide whether to grant certificates of | 2 |
| relief from
disabilities or certificates of good conduct as | 3 |
| provided in Article 5.5 of
Chapter V.
| 4 |
| (a-5) The Prisoner Review Board, with the cooperation of | 5 |
| and in
coordination with the Department of Corrections and the | 6 |
| Department of Central
Management Services, shall implement a | 7 |
| pilot project in 3 correctional
institutions providing for the | 8 |
| conduct of hearings under paragraphs (1) and
(4)
of subsection | 9 |
| (a) of this Section through interactive video conferences.
The
| 10 |
| project shall be implemented within 6 months after the | 11 |
| effective date of this
amendatory Act of 1996. Within 6 months | 12 |
| after the implementation of the pilot
project, the Prisoner | 13 |
| Review Board, with the cooperation of and in coordination
with | 14 |
| the Department of Corrections and the Department of Central | 15 |
| Management
Services, shall report to the Governor and the | 16 |
| General Assembly regarding the
use, costs, effectiveness, and | 17 |
| future viability of interactive video
conferences for Prisoner | 18 |
| Review Board hearings.
| 19 |
| (b) Upon recommendation of the Department the Board may | 20 |
| restore good
conduct credit previously revoked.
| 21 |
| (c) The Board shall cooperate with the Department in | 22 |
| promoting an
effective system of parole and mandatory | 23 |
| supervised release.
| 24 |
| (d) The Board shall promulgate rules for the conduct of its | 25 |
| work,
and the Chairman shall file a copy of such rules and any | 26 |
| amendments
thereto with the Director and with the Secretary of |
|
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| State.
| 2 |
| (e) The Board shall keep records of all of its official | 3 |
| actions and
shall make them accessible in accordance with law | 4 |
| and the rules of the
Board.
| 5 |
| (f) The Board or one who has allegedly violated the | 6 |
| conditions of
his parole or mandatory supervised release may | 7 |
| require by subpoena the
attendance and testimony of witnesses | 8 |
| and the production of documentary
evidence relating to any | 9 |
| matter under investigation or hearing. The
Chairman of the | 10 |
| Board may sign subpoenas which shall be served by any
agent or | 11 |
| public official authorized by the Chairman of the Board, or by
| 12 |
| any person lawfully authorized to serve a subpoena under the | 13 |
| laws of the
State of Illinois. The attendance of witnesses, and | 14 |
| the production of
documentary evidence, may be required from | 15 |
| any place in the State to a
hearing location in the State | 16 |
| before the Chairman of the Board or his
designated agent or | 17 |
| agents or any duly constituted Committee or
Subcommittee of the | 18 |
| Board. Witnesses so summoned shall be paid the same
fees and | 19 |
| mileage that are paid witnesses in the circuit courts of the
| 20 |
| State, and witnesses whose depositions are taken and the | 21 |
| persons taking
those depositions are each entitled to the same | 22 |
| fees as are paid for
like services in actions in the circuit | 23 |
| courts of the State. Fees and
mileage shall be vouchered for | 24 |
| payment when the witness is discharged
from further attendance.
| 25 |
| In case of disobedience to a subpoena, the Board may | 26 |
| petition any
circuit court of the State for an order requiring |
|
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| 1 |
| the attendance and
testimony of witnesses or the production of | 2 |
| documentary evidence or
both. A copy of such petition shall be | 3 |
| served by personal service or by
registered or certified mail | 4 |
| upon the person who has failed to obey the
subpoena, and such | 5 |
| person shall be advised in writing that a hearing
upon the | 6 |
| petition will be requested in a court room to be designated in
| 7 |
| such notice before the judge hearing motions or extraordinary | 8 |
| remedies
at a specified time, on a specified date, not less | 9 |
| than 10 nor more than
15 days after the deposit of the copy of | 10 |
| the written notice and petition
in the U.S. mails addressed to | 11 |
| the person at his last known address or
after the personal | 12 |
| service of the copy of the notice and petition upon
such | 13 |
| person. The court upon the filing of such a petition, may order | 14 |
| the
person refusing to obey the subpoena to appear at an | 15 |
| investigation or
hearing, or to there produce documentary | 16 |
| evidence, if so ordered, or to
give evidence relative to the | 17 |
| subject matter of that investigation or
hearing. Any failure to | 18 |
| obey such order of the circuit court may be
punished by that | 19 |
| court as a contempt of court.
| 20 |
| Each member of the Board and any hearing officer designated | 21 |
| by the
Board shall have the power to administer oaths and to | 22 |
| take the testimony
of persons under oath.
| 23 |
| (g) Except under subsection (a) of this Section, a majority | 24 |
| of the
members then appointed to the Prisoner Review Board | 25 |
| shall constitute a
quorum for the transaction of all business | 26 |
| of the Board.
|
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LRB095 15692 RLC 49435 a |
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| 1 |
| (h) The Prisoner Review Board shall annually transmit to | 2 |
| the
Director a detailed report of its work for the preceding | 3 |
| calendar year.
The annual report shall also be transmitted to | 4 |
| the Governor for
submission to the Legislature.
| 5 |
| (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
| 6 |
| (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 7 |
| Sec. 3-3-4. Preparation for Parole Hearing.
| 8 |
| (a) The Prisoner Review Board shall consider the parole
of | 9 |
| each eligible person committed to the Adult Division at
least | 10 |
| 30 days prior to the date he shall first become
eligible for | 11 |
| parole, and shall consider the parole of each
person committed | 12 |
| to the Department of Juvenile Justice as a delinquent
at least | 13 |
| 30 days prior to the expiration of the first year
of | 14 |
| confinement.
| 15 |
| (b) A person eligible for parole shall, in advance of
his | 16 |
| parole hearing, prepare a parole plan in accordance
with the | 17 |
| rules of the Prisoner Review Board. The person
shall be | 18 |
| assisted in preparing his parole plan by personnel
of the | 19 |
| Department of Corrections, or the Department of Juvenile | 20 |
| Justice in the case of a person committed to that Department, | 21 |
| and may, for this purpose, be released
on furlough under | 22 |
| Article 11 or on authorized absence under
Section 3-9-4. The | 23 |
| appropriate Department shall also provide
assistance in | 24 |
| obtaining information and records helpful to
the individual for | 25 |
| his parole hearing.
|
|
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09500SB2254sam003 |
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LRB095 15692 RLC 49435 a |
|
| 1 |
| (c) The members of the Board shall have access at all
| 2 |
| reasonable times to any committed person and to his master
| 3 |
| record file within the Department, and the Department shall
| 4 |
| furnish such reports to the Board as the Board may require
| 5 |
| concerning the conduct and character of any such person.
| 6 |
| (d) In making its determination of parole, the Board
shall | 7 |
| consider:
| 8 |
| (1) material transmitted to the Department of Juvenile | 9 |
| Justice by the
clerk of the committing court under Section | 10 |
| 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | 11 |
| 5-750 of the Juvenile
Court Act of 1987;
| 12 |
| (2) the report under Section 3-8-2 or 3-10-2;
| 13 |
| (3) a report by the Department and any report by the
| 14 |
| chief administrative officer of the institution or | 15 |
| facility;
| 16 |
| (4) a parole progress report;
| 17 |
| (5) a medical and psychological report, if requested
by | 18 |
| the Board;
| 19 |
| (6) material in writing, or on film, video tape or | 20 |
| other electronic
means in the form of a recording submitted | 21 |
| by the person whose parole
is being considered; and
| 22 |
| (7) material in writing, or on film, video tape or | 23 |
| other electronic
means in the form of a recording or | 24 |
| testimony submitted by the State's
Attorney and the victim | 25 |
| or a concerned citizen pursuant to the Rights of Crime | 26 |
| Victims and Witnesses Act.
|
|
|
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LRB095 15692 RLC 49435 a |
|
| 1 |
| (e) The prosecuting State's Attorney's office shall | 2 |
| receive from the Board reasonable
written notice not less than | 3 |
| 60 15 days prior to the parole hearing described in paragraph | 4 |
| (b-2) of Section 3-3-5 of this Code the names of all inmates | 5 |
| scheduled for said hearing and may
submit relevant information | 6 |
| by oral argument or testimony of victims and concerned | 7 |
| citizens, or both, in writing, or on film, video tape or other
| 8 |
| electronic means or in the form of a recording to the Board for | 9 |
| its
consideration. The State's Attorney may waive the written | 10 |
| notice or request reasonable time to procure additional | 11 |
| information .
| 12 |
| (f) The victim of the violent crime for which the prisoner | 13 |
| has been
sentenced shall receive notice of a parole hearing as | 14 |
| provided in paragraph
(4) of subsection (d) of Section 4.5 of | 15 |
| the Rights of Crime Victims and Witnesses
Act.
| 16 |
| (g) Any recording considered under the provisions of | 17 |
| subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 18 |
| the form designated by the Board.
Such recording shall be both | 19 |
| visual and aural. Every voice on the
recording and person | 20 |
| present shall be identified and the recording shall
contain | 21 |
| either a visual or aural statement of the person submitting | 22 |
| such
recording, the date of the recording and the name of the | 23 |
| person whose
parole eligibility is being considered. Such | 24 |
| recordings shall be , if retained by
the Board and shall be | 25 |
| deemed to be submitted at any subsequent parole hearing
if the | 26 |
| victim or State's Attorney submits in writing a declaration |
|
|
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LRB095 15692 RLC 49435 a |
|
| 1 |
| clearly
identifying such recording as representing the present | 2 |
| position of the
victim or State's Attorney regarding the issues | 3 |
| to be considered at the parole
hearing.
| 4 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 5 |
| (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 6 |
| Sec. 3-3-5. Hearing and Determination.
| 7 |
| (a) The Prisoner
Review Board shall meet as often as need | 8 |
| requires to consider
the cases of persons eligible for parole. | 9 |
| Except as otherwise
provided in paragraph (2) of subsection (a) | 10 |
| of Section 3-3-2
of this Act, the Prisoner Review Board may | 11 |
| meet and
order its actions in panels of 3 or more members. The | 12 |
| action
of a majority of the panel shall be the action of the | 13 |
| Board.
In consideration of persons committed to the Department | 14 |
| of Juvenile Justice,
the panel shall have at least a majority | 15 |
| of members experienced
in juvenile matters.
| 16 |
| (b) If the person under consideration for parole is in the
| 17 |
| custody of the Department, at least one member of the Board
| 18 |
| shall interview him, and a report of that interview shall be
| 19 |
| available for the Board's consideration. However, in the
| 20 |
| discretion of the Board, the interview need not be conducted
if | 21 |
| a psychiatric examination determines that the person could
not | 22 |
| meaningfully contribute to the Board's consideration. The
| 23 |
| Board may in its discretion parole a person who is then outside
| 24 |
| the jurisdiction on his record without an interview. The Board
| 25 |
| need not hold a hearing or interview a person who is paroled
|
|
|
|
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LRB095 15692 RLC 49435 a |
|
| 1 |
| under paragraphs (d) or (e) of this Section or released on
| 2 |
| Mandatory release under Section 3-3-10.
| 3 |
| (b-1) When an interview is conducted, the person seeking | 4 |
| parole shall be interviewed at the penal institution where the | 5 |
| person is confined and may receive additional testimony from | 6 |
| the person seeking parole's attorney, family, and other persons | 7 |
| in support of the Board granting parole. Upon the request of | 8 |
| the State's Attorney and to the extent allowed by law, a copy | 9 |
| of the any written submissions by the person seeking parole and | 10 |
| copies of the reports described in paragraph (c) of Section | 11 |
| 3-3-4 of this Act, documents in the possession of the Board | 12 |
| reflecting the person seeking parole's current medical | 13 |
| conditions and treatment, and the person seeking parole's | 14 |
| mental health reports, shall be served upon the State's | 15 |
| Attorney of the county that prosecuted the person by the | 16 |
| Prisoner Review Board within 3 days of the Board's receipt of | 17 |
| these documents. Upon the request of the State's Attorney, the | 18 |
| Board shall make available for inspection and copying the file | 19 |
| described in paragraph (c) of Section 3-3-4 of this Act. | 20 |
| Thereafter, the Board may upon the written request of the | 21 |
| State's Attorney of the county where the person seeking parole | 22 |
| was prosecuted conduct the State's Attorney's portion of the | 23 |
| parole hearing within said county, or the judicial circuit | 24 |
| within which the county rests. At the hearing, a State's | 25 |
| Attorney's Office representative and all victims or concerned | 26 |
| citizens may address the Board. These statements may be made in |
|
|
|
09500SB2254sam003 |
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LRB095 15692 RLC 49435 a |
|
| 1 |
| person, in writing, or by a recording or video recording. At | 2 |
| least one member of the Board shall preside over this hearing. | 3 |
| (b-3) After the State's Attorney's portion of the parole | 4 |
| hearing, the Board shall give all registered crime victims and | 5 |
| the State's Attorney of the county where the person seeking | 6 |
| parole was prosecuted 15 days notice of an en banc hearing | 7 |
| before the Board. Such hearing may be continued by the Board | 8 |
| only if the persons objecting to and supporting parole are | 9 |
| given 5 days notice of any hearing continuance unless there is | 10 |
| an emergency declared by the Chairman of the Board. One Board | 11 |
| member shall make a comprehensive presentation of the person | 12 |
| seeking parole's case to the Board. The person seeking parole's | 13 |
| attorney and one representative of the person seeking parole | 14 |
| may address the Board. A representative of the Office of the | 15 |
| State's Attorney and the victim or one representative of the | 16 |
| victim may address the Board and request conditions of parole | 17 |
| should the Board vote to parole the person seeking parole. | 18 |
| Thereafter, the Board shall deliberate and vote on granting | 19 |
| parole. | 20 |
| (c) The Board shall not parole a person eligible for
parole | 21 |
| if it determines that:
| 22 |
| (1) there is a substantial risk that he will not
| 23 |
| conform to reasonable conditions of parole; or
| 24 |
| (2) his release at that time would deprecate the
| 25 |
| seriousness of his offense or promote disrespect for the | 26 |
| law; or
|
|
|
|
09500SB2254sam003 |
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LRB095 15692 RLC 49435 a |
|
| 1 |
| (3) his release would have a substantially adverse
| 2 |
| effect on institutional discipline.
| 3 |
| (d) A person committed under the Juvenile Court Act
or the | 4 |
| Juvenile Court Act of 1987
who has not been sooner released | 5 |
| shall be paroled on or before
his 20th birthday to begin | 6 |
| serving a period of parole under
Section 3-3-8.
| 7 |
| (e) A person who has served the maximum term of
| 8 |
| imprisonment imposed at the time of sentencing less time
credit | 9 |
| for good behavior shall be released on parole to
serve a period | 10 |
| of parole under Section 5-8-1.
| 11 |
| (f) The Board shall render its decision within a
reasonable | 12 |
| time after hearing and shall state the basis
therefor both in | 13 |
| the records of the Board and in written
notice to the person on | 14 |
| whose application it has acted.
In its decision, the Board | 15 |
| shall set the person's time
for parole, or if it denies parole | 16 |
| it shall provide for
a rehearing not less frequently than once | 17 |
| every
year, except that the Board may,
after denying parole,
| 18 |
| schedule a rehearing no later than 5 3 years from the date of | 19 |
| the parole
denial, if the Board finds that it is not reasonable | 20 |
| to expect that parole
would be granted at a hearing prior to | 21 |
| the scheduled rehearing date. If the
Board shall parole a | 22 |
| person, and, if he is not released within 90 days from
the | 23 |
| effective date of the order granting parole, the matter shall | 24 |
| be
returned to the Board for review.
| 25 |
| (g) The Board shall maintain a registry of decisions in | 26 |
| which parole
has been granted, which shall include the name and |
|
|
|
09500SB2254sam003 |
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LRB095 15692 RLC 49435 a |
|
| 1 |
| case number of the
prisoner, the highest charge for which the | 2 |
| prisoner was sentenced, the
length of sentence imposed, the | 3 |
| date of the sentence, the date of the
parole, and the basis for | 4 |
| the decision of the Board to grant parole and the
vote of the | 5 |
| Board on any such decisions. The registry shall be made | 6 |
| available
for public inspection and copying during business | 7 |
| hours and shall be a public
record pursuant to the provisions | 8 |
| of the Freedom of Information Act.
| 9 |
| (h) The Board shall promulgate rules regarding the exercise
| 10 |
| of its discretion under this Section.
| 11 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 12 |
| (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
| 13 |
| Sec. 3-5-1. Master Record File.
| 14 |
| (a) The Department of Corrections and the Department of | 15 |
| Juvenile Justice shall
maintain a master record file on each | 16 |
| person committed to it,
which shall contain the following | 17 |
| information:
| 18 |
| (1) all information from the committing court;
| 19 |
| (2) reception summary;
| 20 |
| (3) evaluation and assignment reports and | 21 |
| recommendations;
| 22 |
| (4) reports as to program assignment and progress;
| 23 |
| (5) reports of disciplinary infractions and | 24 |
| disposition;
| 25 |
| (6) any parole plan;
|
|
|
|
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LRB095 15692 RLC 49435 a |
|
| 1 |
| (7) any parole reports;
| 2 |
| (8) the date and circumstances of final discharge; and | 3 |
| any
other pertinent data concerning the person's | 4 |
| background,
conduct, associations and family relationships | 5 |
| as may be
required by the respective Department. A current | 6 |
| summary index shall be
maintained on each file which shall | 7 |
| include the person's known active and
past
gang | 8 |
| affiliations and ranks.
| 9 |
| (b) All files shall be confidential and access shall be
| 10 |
| limited to authorized personnel of the respective Department.
| 11 |
| Personnel of other correctional, welfare or law enforcement
| 12 |
| agencies may have access to files under rules and regulations
| 13 |
| of the respective Department. The prosecuting State's | 14 |
| Attorney's Office shall have access to the committed person's | 15 |
| master record file whenever the Prisoner Review Board has | 16 |
| scheduled a parole hearing for the committed person under | 17 |
| Section 3-3-5 of this Code. The respective Department shall | 18 |
| keep a record of all
outside personnel who have access to | 19 |
| files, the files reviewed,
any file material copied, and the | 20 |
| purpose of access. If the
respective Department or the Prisoner | 21 |
| Review Board makes a determination
under this Code which | 22 |
| affects the length of the period of
confinement or commitment, | 23 |
| the committed person and his counsel
shall be advised of | 24 |
| factual information relied upon by the
respective Department or | 25 |
| Board to make the determination, provided that
the Department | 26 |
| or Board shall not be required to advise a
person committed to |
|
|
|
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|
| 1 |
| the Department of Juvenile Justice any such information
which | 2 |
| in the opinion of the Department of Juvenile Justice or Board | 3 |
| would be
detrimental to his treatment or rehabilitation.
| 4 |
| (c) The master file shall be maintained at a place
| 5 |
| convenient to its use by personnel of the respective Department | 6 |
| in
charge of the person. When custody of a person is | 7 |
| transferred
from the Department to another department or | 8 |
| agency, a
summary of the file shall be forwarded to the | 9 |
| receiving
agency with such other information required by law or
| 10 |
| requested by the agency under rules and regulations of the
| 11 |
| respective Department.
| 12 |
| (d) The master file of a person no longer in the custody
of | 13 |
| the respective Department shall be placed on inactive status | 14 |
| and its
use shall be restricted subject to rules and | 15 |
| regulations of
the Department.
| 16 |
| (e) All public agencies may make available to the
| 17 |
| respective Department on request any factual data not otherwise
| 18 |
| privileged as a matter of law in their possession in respect
to | 19 |
| individuals committed to the respective Department.
| 20 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 21 |
| Section 95. No acceleration or delay. Where this Act makes | 22 |
| changes in a statute that is represented in this Act by text | 23 |
| that is not yet or no longer in effect (for example, a Section | 24 |
| represented by multiple versions), the use of that text does | 25 |
| not accelerate or delay the taking effect of (i) the changes |
|
|
|
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LRB095 15692 RLC 49435 a |
|
| 1 |
| made by this Act or (ii) provisions derived from any other | 2 |
| Public Act. | 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
|
|