Full Text of HB3584 101st General Assembly
HB3584eng 101ST GENERAL ASSEMBLY |
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| 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 Rights of Crime Victims and Witnesses Act is | 5 | | amended by changing Sections 4.5 and 6 as follows:
| 6 | | (725 ILCS 120/4.5)
| 7 | | Sec. 4.5. Procedures to implement the rights of crime | 8 | | victims. To afford
crime victims their rights, law enforcement, | 9 | | prosecutors, judges , and
corrections will provide information, | 10 | | as appropriate , of the following
procedures:
| 11 | | (a) At the request of the crime victim, law enforcement | 12 | | authorities
investigating the case shall provide notice of the | 13 | | status of the investigation,
except where the State's Attorney | 14 | | determines that disclosure of such
information would | 15 | | unreasonably interfere with the investigation, until such
time | 16 | | as the alleged assailant is apprehended or the investigation is | 17 | | closed.
| 18 | | (a-5) When law enforcement authorities reopen re-open a | 19 | | closed case to resume investigating, they shall provide notice | 20 | | of the reopening re-opening of the case, except where the | 21 | | State's Attorney determines that disclosure of such | 22 | | information would unreasonably interfere with the | 23 | | investigation. |
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| 1 | | (b) The office of the State's Attorney:
| 2 | | (1) shall provide notice of the filing of an | 3 | | information, the return of an
indictment, or the
filing of | 4 | | a petition to adjudicate a minor as a delinquent for a | 5 | | violent
crime;
| 6 | | (2) shall provide timely notice of the date, time, and | 7 | | place of court proceedings; of any change in the date, | 8 | | time, and place of court proceedings; and of any | 9 | | cancellation of court proceedings. Notice shall be | 10 | | provided in sufficient time, wherever possible, for the | 11 | | victim to
make arrangements to attend or to prevent an | 12 | | unnecessary appearance at court proceedings;
| 13 | | (3) or victim advocate personnel shall provide | 14 | | information of social
services and financial assistance | 15 | | available for victims of crime, including
information of | 16 | | how to apply for these services and assistance;
| 17 | | (3.5) or victim advocate personnel shall provide | 18 | | information about available victim services, including | 19 | | referrals to programs, counselors, and agencies that | 20 | | assist a victim to deal with trauma, loss, and grief; | 21 | | (4) shall assist in having any stolen or other personal | 22 | | property held by
law enforcement authorities for | 23 | | evidentiary or other purposes returned as
expeditiously as | 24 | | possible, pursuant to the procedures set out in Section | 25 | | 115-9
of the Code of Criminal Procedure of 1963;
| 26 | | (5) or victim advocate personnel shall provide |
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| 1 | | appropriate employer
intercession services to ensure that | 2 | | employers of victims will cooperate with
the criminal | 3 | | justice system in order to minimize an employee's loss of | 4 | | pay and
other benefits resulting from court appearances;
| 5 | | (6) shall provide, whenever possible, a secure waiting
| 6 | | area during court proceedings that does not require victims | 7 | | to be in close
proximity to defendants or juveniles accused | 8 | | of a violent crime, and their
families and friends;
| 9 | | (7) shall provide notice to the crime victim of the | 10 | | right to have a
translator present at all court proceedings | 11 | | and, in compliance with the federal Americans
with | 12 | | Disabilities Act of 1990, the right to communications | 13 | | access through a
sign language interpreter or by other | 14 | | means;
| 15 | | (8) (blank);
| 16 | | (8.5) shall inform the victim of the right to be | 17 | | present at all court proceedings, unless the victim is to | 18 | | testify and the court determines that the victim's | 19 | | testimony would be materially affected if the victim hears | 20 | | other testimony at trial; | 21 | | (9) shall inform the victim of the right to have | 22 | | present at all court
proceedings, subject to the rules of | 23 | | evidence and confidentiality, an advocate and other | 24 | | support
person of the victim's choice; | 25 | | (9.3) shall inform the victim of the right to retain an | 26 | | attorney, at the
victim's own expense, who, upon written |
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| 1 | | notice filed with the clerk of the
court and State's | 2 | | Attorney, is to receive copies of all notices, motions , and
| 3 | | court orders filed thereafter in the case, in the same | 4 | | manner as if the victim
were a named party in the case;
| 5 | | (9.5) shall inform the victim of (A) the victim's right | 6 | | under Section 6 of this Act to make a statement at the | 7 | | sentencing hearing; (B) the right of the victim's spouse, | 8 | | guardian, parent, grandparent , and other immediate family | 9 | | and household members under Section 6 of this Act to | 10 | | present a statement at sentencing; and (C) if a presentence | 11 | | report is to be prepared, the right of the victim's spouse, | 12 | | guardian, parent, grandparent , and other immediate family | 13 | | and household members to submit information to the preparer | 14 | | of the presentence report about the effect the offense has | 15 | | had on the victim and the person; | 16 | | (10) at the sentencing shall make a good faith attempt | 17 | | to explain
the minimum amount of time during which the | 18 | | defendant may actually be
physically imprisoned. The | 19 | | Office of the State's Attorney shall further notify
the | 20 | | crime victim of the right to request from the Prisoner | 21 | | Review Board
or Department of Juvenile Justice information | 22 | | concerning the release of the defendant;
| 23 | | (11) shall request restitution at sentencing and as | 24 | | part of a plea agreement if the victim requests | 25 | | restitution;
| 26 | | (12) shall, upon the court entering a verdict of not |
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| 1 | | guilty by reason of insanity, inform the victim of the | 2 | | notification services available from the Department of | 3 | | Human Services, including the statewide telephone number, | 4 | | under subparagraph (d)(2) of this Section;
| 5 | | (13) shall provide notice within a reasonable time | 6 | | after receipt of notice from
the custodian, of the release | 7 | | of the defendant on bail or personal recognizance
or the | 8 | | release from detention of a minor who has been detained;
| 9 | | (14) shall explain in nontechnical language the | 10 | | details of any plea or verdict of
a defendant, or any | 11 | | adjudication of a juvenile as a delinquent;
| 12 | | (15) shall make all reasonable efforts to consult with | 13 | | the crime victim before the Office of
the State's Attorney | 14 | | makes an offer of a plea bargain to the defendant or
enters | 15 | | into negotiations with the defendant concerning a possible | 16 | | plea
agreement, and shall consider the written statement, | 17 | | if prepared
prior to entering into a plea agreement. The | 18 | | right to consult with the prosecutor does not include the | 19 | | right to veto a plea agreement or to insist the case go to | 20 | | trial. If the State's Attorney has not consulted with the | 21 | | victim prior to making an offer or entering into plea | 22 | | negotiations with the defendant, the Office of the State's | 23 | | Attorney shall notify the victim of the offer or the | 24 | | negotiations within 2 business days and confer with the | 25 | | victim;
| 26 | | (16) shall provide notice of the ultimate disposition |
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| 1 | | of the cases arising from
an indictment or an information, | 2 | | or a petition to have a juvenile adjudicated
as a | 3 | | delinquent for a violent crime;
| 4 | | (17) shall provide notice of any appeal taken by the | 5 | | defendant and information
on how to contact the appropriate | 6 | | agency handling the appeal, and how to request notice of | 7 | | any hearing, oral argument, or decision of an appellate | 8 | | court;
| 9 | | (18) shall provide timely notice of any request for | 10 | | post-conviction review filed by the
defendant under | 11 | | Article 122 of the Code of Criminal Procedure of 1963, and | 12 | | of
the date, time and place of any hearing concerning the | 13 | | petition. Whenever
possible, notice of the hearing shall be | 14 | | given within 48 hours of the court's scheduling of the | 15 | | hearing; and
| 16 | | (19) shall forward a copy of any statement presented | 17 | | under Section 6 to the
Prisoner Review Board or Department | 18 | | of Juvenile Justice to be considered in making a | 19 | | determination
under Section 3-2.5-85 or subsection (b) of | 20 | | Section 3-3-8 of the Unified Code of Corrections.
| 21 | | (c) The court shall ensure that the rights of the victim | 22 | | are afforded. | 23 | | (c-5) The following procedures shall be followed to afford | 24 | | victims the rights guaranteed by Article I, Section 8.1 of the | 25 | | Illinois Constitution: | 26 | | (1) Written notice. A victim may complete a written |
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| 1 | | notice of intent to assert rights on a form prepared by the | 2 | | Office of the Attorney General and provided to the victim | 3 | | by the State's Attorney. The victim may at any time provide | 4 | | a revised written notice to the State's Attorney. The | 5 | | State's Attorney shall file the written notice with the | 6 | | court. At the beginning of any court proceeding in which | 7 | | the right of a victim may be at issue, the court and | 8 | | prosecutor shall review the written notice to determine | 9 | | whether the victim has asserted the right that may be at | 10 | | issue. | 11 | | (2) Victim's retained attorney. A victim's attorney | 12 | | shall file an entry of appearance limited to assertion of | 13 | | the victim's rights. Upon the filing of the entry of | 14 | | appearance and service on the State's Attorney and the | 15 | | defendant, the attorney is to receive copies of all | 16 | | notices, motions and court orders filed thereafter in the | 17 | | case. | 18 | | (3) Standing. The victim has standing to assert the | 19 | | rights enumerated in subsection (a) of Article I, Section | 20 | | 8.1 of the Illinois Constitution and the statutory rights | 21 | | under Section 4 of this Act in any court exercising | 22 | | jurisdiction over the criminal case. The prosecuting | 23 | | attorney, a victim, or the victim's retained attorney may | 24 | | assert the victim's rights. The defendant in the criminal | 25 | | case has no standing to assert a right of the victim in any | 26 | | court proceeding, including on appeal. |
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| 1 | | (4) Assertion of and enforcement of rights. | 2 | | (A) The prosecuting attorney shall assert a | 3 | | victim's right or request enforcement of a right by | 4 | | filing a motion or by orally asserting the right or | 5 | | requesting enforcement in open court in the criminal | 6 | | case outside the presence of the jury. The prosecuting | 7 | | attorney shall consult with the victim and the victim's | 8 | | attorney regarding the assertion or enforcement of a | 9 | | right. If the prosecuting attorney decides not to | 10 | | assert or enforce a victim's right, the prosecuting | 11 | | attorney shall notify the victim or the victim's | 12 | | attorney in sufficient time to allow the victim or the | 13 | | victim's attorney to assert the right or to seek | 14 | | enforcement of a right. | 15 | | (B) If the prosecuting attorney elects not to | 16 | | assert a victim's right or to seek enforcement of a | 17 | | right, the victim or the victim's attorney may assert | 18 | | the victim's right or request enforcement of a right by | 19 | | filing a motion or by orally asserting the right or | 20 | | requesting enforcement in open court in the criminal | 21 | | case outside the presence of the jury. | 22 | | (C) If the prosecuting attorney asserts a victim's | 23 | | right or seeks enforcement of a right, and the court | 24 | | denies the assertion of the right or denies the request | 25 | | for enforcement of a right, the victim or victim's | 26 | | attorney may file a motion to assert the victim's right |
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| 1 | | or to request enforcement of the right within 10 days | 2 | | of the court's ruling. The motion need not demonstrate | 3 | | the grounds for a motion for reconsideration. The court | 4 | | shall rule on the merits of the motion. | 5 | | (D) The court shall take up and decide any motion | 6 | | or request asserting or seeking enforcement of a | 7 | | victim's right without delay, unless a specific time | 8 | | period is specified by law or court rule. The reasons | 9 | | for any decision denying the motion or request shall be | 10 | | clearly stated on the record. | 11 | | (5) Violation of rights and remedies. | 12 | | (A) If the court determines that a victim's right | 13 | | has been violated, the court shall determine the | 14 | | appropriate remedy for the violation of the victim's | 15 | | right by hearing from the victim and the parties, | 16 | | considering all factors relevant to the issue, and then | 17 | | awarding appropriate relief to the victim. | 18 | | (A-5) Consideration of an issue of a substantive | 19 | | nature or an issue that implicates the constitutional | 20 | | or statutory right of a victim at a court proceeding | 21 | | labeled as a status hearing shall constitute a per se | 22 | | violation of a victim's right. | 23 | | (B) The appropriate remedy shall include only | 24 | | actions necessary to provide the victim the right to | 25 | | which the victim was entitled and may include reopening | 26 | | previously held proceedings; however, in no event |
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| 1 | | shall the court vacate a conviction. Any remedy shall | 2 | | be tailored to provide the victim an appropriate remedy | 3 | | without violating any constitutional right of the | 4 | | defendant. In no event shall the appropriate remedy be | 5 | | a new trial, damages, or costs. | 6 | | (6) Right to be heard. Whenever a victim has the right | 7 | | to be heard, the court shall allow the victim to exercise | 8 | | the right in any reasonable manner the victim chooses. | 9 | | (7) Right to attend trial. A party must file a written | 10 | | motion to exclude a victim from trial at least 60 days | 11 | | prior to the date set for trial. The motion must state with | 12 | | specificity the reason exclusion is necessary to protect a | 13 | | constitutional right of the party, and must contain an | 14 | | offer of proof. The court shall rule on the motion within | 15 | | 30 days. If the motion is granted, the court shall set | 16 | | forth on the record the facts that support its finding that | 17 | | the victim's testimony will be materially affected if the | 18 | | victim hears other testimony at trial. | 19 | | (8) Right to have advocate and support person present | 20 | | at court proceedings. | 21 | | (A) A party who intends to call an advocate as a | 22 | | witness at trial must seek permission of the court | 23 | | before the subpoena is issued. The party must file a | 24 | | written motion at least 90 days before trial that sets | 25 | | forth specifically the issues on which the advocate's | 26 | | testimony is sought and an offer of proof regarding (i) |
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| 1 | | the content of the anticipated testimony of the | 2 | | advocate; and (ii) the relevance, admissibility, and | 3 | | materiality of the anticipated testimony. The court | 4 | | shall consider the motion and make findings within 30 | 5 | | days of the filing of the motion. If the court finds by | 6 | | a preponderance of the evidence that: (i) the | 7 | | anticipated testimony is not protected by an absolute | 8 | | privilege; and (ii) the anticipated testimony contains | 9 | | relevant, admissible, and material evidence that is | 10 | | not available through other witnesses or evidence, the | 11 | | court shall issue a subpoena requiring the advocate to | 12 | | appear to testify at an in camera hearing. The | 13 | | prosecuting attorney and the victim shall have 15 days | 14 | | to seek appellate review before the advocate is | 15 | | required to testify at an ex parte in camera | 16 | | proceeding. | 17 | | The prosecuting attorney, the victim, and the | 18 | | advocate's attorney shall be allowed to be present at | 19 | | the ex parte in camera proceeding. If, after conducting | 20 | | the ex parte in camera hearing, the court determines | 21 | | that due process requires any testimony regarding | 22 | | confidential or privileged information or | 23 | | communications, the court shall provide to the | 24 | | prosecuting attorney, the victim, and the advocate's | 25 | | attorney a written memorandum on the substance of the | 26 | | advocate's testimony. The prosecuting attorney, the |
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| 1 | | victim, and the advocate's attorney shall have 15 days | 2 | | to seek appellate review before a subpoena may be | 3 | | issued for the advocate to testify at trial. The | 4 | | presence of the prosecuting attorney at the ex parte in | 5 | | camera proceeding does not make the substance of the | 6 | | advocate's testimony that the court has ruled | 7 | | inadmissible subject to discovery. | 8 | | (B) If a victim has asserted the right to have a | 9 | | support person present at the court proceedings, the | 10 | | victim shall provide the name of the person the victim | 11 | | has chosen to be the victim's support person to the | 12 | | prosecuting attorney, within 60 days of trial. The | 13 | | prosecuting attorney shall provide the name to the | 14 | | defendant. If the defendant intends to call the support | 15 | | person as a witness at trial, the defendant must seek | 16 | | permission of the court before a subpoena is issued. | 17 | | The defendant must file a written motion at least 45 | 18 | | days prior to trial that sets forth specifically the | 19 | | issues on which the support person will testify and an | 20 | | offer of proof regarding: (i) the content of the | 21 | | anticipated testimony of the support person; and (ii) | 22 | | the relevance, admissibility, and materiality of the | 23 | | anticipated testimony. | 24 | | If the prosecuting attorney intends to call the | 25 | | support person as a witness during the State's | 26 | | case-in-chief, the prosecuting attorney shall inform |
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| 1 | | the court of this intent in the response to the | 2 | | defendant's written motion. The victim may choose a | 3 | | different person to be the victim's support person. The | 4 | | court may allow the defendant to inquire about matters | 5 | | outside the scope of the direct examination during | 6 | | cross-examination cross examination . If the court | 7 | | allows the defendant to do so, the support person shall | 8 | | be allowed to remain in the courtroom after the support | 9 | | person has testified. A defendant who fails to question | 10 | | the support person about matters outside the scope of | 11 | | direct examination during the State's case-in-chief | 12 | | waives the right to challenge the presence of the | 13 | | support person on appeal. The court shall allow the | 14 | | support person to testify if called as a witness in the | 15 | | defendant's case-in-chief or the State's rebuttal. | 16 | | If the court does not allow the defendant to | 17 | | inquire about matters outside the scope of the direct | 18 | | examination, the support person shall be allowed to | 19 | | remain in the courtroom after the support person has | 20 | | been called by the defendant or the defendant has | 21 | | rested. The court shall allow the support person to | 22 | | testify in the State's rebuttal. | 23 | | If the prosecuting attorney does not intend to call | 24 | | the support person in the State's case-in-chief, the | 25 | | court shall verify with the support person whether the | 26 | | support person, if called as a witness, would testify |
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| 1 | | as set forth in the offer of proof. If the court finds | 2 | | that the support person would testify as set forth in | 3 | | the offer of proof, the court shall rule on the | 4 | | relevance, materiality, and admissibility of the | 5 | | anticipated testimony. If the court rules the | 6 | | anticipated testimony is admissible, the court shall | 7 | | issue the subpoena. The support person may remain in | 8 | | the courtroom after the support person testifies and | 9 | | shall be allowed to testify in rebuttal. | 10 | | If the court excludes the victim's support person | 11 | | during the State's case-in-chief, the victim shall be | 12 | | allowed to choose another support person to be present | 13 | | in court. | 14 | | If the victim fails to designate a support person | 15 | | within 60 days of trial and the defendant has | 16 | | subpoenaed the support person to testify at trial, the | 17 | | court may exclude the support person from the trial | 18 | | until the support person testifies. If the court | 19 | | excludes the support person the victim may choose | 20 | | another person as a support person. | 21 | | (9) Right to notice and hearing before disclosure of | 22 | | confidential or privileged information or records. A | 23 | | defendant who seeks to subpoena records of or concerning | 24 | | the victim that are confidential or privileged by law must | 25 | | seek permission of the court before the subpoena is issued. | 26 | | The defendant must file a written motion and an offer of |
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| 1 | | proof regarding the relevance, admissibility and | 2 | | materiality of the records. If the court finds by a | 3 | | preponderance of the evidence that: (A) the records are not | 4 | | protected by an absolute privilege and (B) the records | 5 | | contain relevant, admissible, and material evidence that | 6 | | is not available through other witnesses or evidence, the | 7 | | court shall issue a subpoena requiring a sealed copy of the | 8 | | records be delivered to the court to be reviewed in camera. | 9 | | If, after conducting an in camera review of the records, | 10 | | the court determines that due process requires disclosure | 11 | | of any portion of the records, the court shall provide | 12 | | copies of what it intends to disclose to the prosecuting | 13 | | attorney and the victim. The prosecuting attorney and the | 14 | | victim shall have 30 days to seek appellate review before | 15 | | the records are disclosed to the defendant. The disclosure | 16 | | of copies of any portion of the records to the prosecuting | 17 | | attorney does not make the records subject to discovery. | 18 | | (10) Right to notice of court proceedings. If the | 19 | | victim is not present at a court proceeding in which a | 20 | | right of the victim is at issue, the court shall ask the | 21 | | prosecuting attorney whether the victim was notified of the | 22 | | time, place, and purpose of the court proceeding and that | 23 | | the victim had a right to be heard at the court proceeding. | 24 | | If the court determines that timely notice was not given or | 25 | | that the victim was not adequately informed of the nature | 26 | | of the court proceeding, the court shall not rule on any |
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| 1 | | substantive issues, accept a plea, or impose a sentence and | 2 | | shall continue the hearing for the time necessary to notify | 3 | | the victim of the time, place and nature of the court | 4 | | proceeding. The time between court proceedings shall not be | 5 | | attributable to the State under Section 103-5 of the Code | 6 | | of Criminal Procedure of 1963. | 7 | | (11) Right to timely disposition of the case. A victim | 8 | | has the right to timely disposition of the case so as to | 9 | | minimize the stress, cost, and inconvenience resulting | 10 | | from the victim's involvement in the case. Before ruling on | 11 | | a motion to continue trial or other court proceeding, the | 12 | | court shall inquire into the circumstances for the request | 13 | | for the delay and, if the victim has provided written | 14 | | notice of the assertion of the right to a timely | 15 | | disposition, and whether the victim objects to the delay. | 16 | | If the victim objects, the prosecutor shall inform the | 17 | | court of the victim's objections. If the prosecutor has not | 18 | | conferred with the victim about the continuance, the | 19 | | prosecutor shall inform the court of the attempts to | 20 | | confer. If the court finds the attempts of the prosecutor | 21 | | to confer with the victim were inadequate to protect the | 22 | | victim's right to be heard, the court shall give the | 23 | | prosecutor at least 3 but not more than 5 business days to | 24 | | confer with the victim. In ruling on a motion to continue, | 25 | | the court shall consider the reasons for the requested | 26 | | continuance, the number and length of continuances that |
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| 1 | | have been granted, the victim's objections and procedures | 2 | | to avoid further delays. If a continuance is granted over | 3 | | the victim's objection, the court shall specify on the | 4 | | record the reasons for the continuance and the procedures | 5 | | that have been or will be taken to avoid further delays. | 6 | | (12) Right to Restitution. | 7 | | (A) If the victim has asserted the right to | 8 | | restitution and the amount of restitution is known at | 9 | | the time of sentencing, the court shall enter the | 10 | | judgment of restitution at the time of sentencing. | 11 | | (B) If the victim has asserted the right to | 12 | | restitution and the amount of restitution is not known | 13 | | at the time of sentencing, the prosecutor shall, within | 14 | | 5 days after sentencing, notify the victim what | 15 | | information and documentation related to restitution | 16 | | is needed and that the information and documentation | 17 | | must be provided to the prosecutor within 45 days after | 18 | | sentencing. Failure to timely provide information and | 19 | | documentation related to restitution shall be deemed a | 20 | | waiver of the right to restitution. The prosecutor | 21 | | shall file and serve within 60 days after sentencing a | 22 | | proposed judgment for restitution and a notice that | 23 | | includes information concerning the identity of any | 24 | | victims or other persons seeking restitution, whether | 25 | | any victim or other person expressly declines | 26 | | restitution, the nature and amount of any damages |
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| 1 | | together with any supporting documentation, a | 2 | | restitution amount recommendation, and the names of | 3 | | any co-defendants and their case numbers. Within 30 | 4 | | days after receipt of the proposed judgment for | 5 | | restitution, the defendant shall file any objection to | 6 | | the proposed judgment, a statement of grounds for the | 7 | | objection, and a financial statement. If the defendant | 8 | | does not file an objection, the court may enter the | 9 | | judgment for restitution without further proceedings. | 10 | | If the defendant files an objection and either party | 11 | | requests a hearing, the court shall schedule a hearing. | 12 | | (13) Access to presentence reports. | 13 | | (A) The victim may request a copy of the | 14 | | presentence report prepared under the Unified Code of | 15 | | Corrections from the State's Attorney. The State's | 16 | | Attorney shall redact the following information before | 17 | | providing a copy of the report: | 18 | | (i) the defendant's mental history and | 19 | | condition; | 20 | | (ii) any evaluation prepared under subsection | 21 | | (b) or (b-5) of Section 5-3-2; and | 22 | | (iii) the name, address, phone number, and | 23 | | other personal information about any other victim. | 24 | | (B) The State's Attorney or the defendant may | 25 | | request the court redact other information in the | 26 | | report that may endanger the safety of any person. |
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| 1 | | (C) The State's Attorney may orally disclose to the | 2 | | victim any of the information that has been redacted if | 3 | | there is a reasonable likelihood that the information | 4 | | will be stated in court at the sentencing. | 5 | | (D) The State's Attorney must advise the victim | 6 | | that the victim must maintain the confidentiality of | 7 | | the report and other information. Any dissemination of | 8 | | the report or information that was not stated at a | 9 | | court proceeding constitutes indirect criminal | 10 | | contempt of court. | 11 | | (14) Appellate relief. If the trial court denies the | 12 | | relief requested, the victim, the victim's attorney , or the | 13 | | prosecuting attorney may file an appeal within 30 days of | 14 | | the trial court's ruling. The trial or appellate court may | 15 | | stay the court proceedings if the court finds that a stay | 16 | | would not violate a constitutional right of the defendant. | 17 | | If the appellate court denies the relief sought, the | 18 | | reasons for the denial shall be clearly stated in a written | 19 | | opinion. In any appeal in a criminal case, the State may | 20 | | assert as error the court's denial of any crime victim's | 21 | | right in the proceeding to which the appeal relates. | 22 | | (15) Limitation on appellate relief. In no case shall | 23 | | an appellate court provide a new trial to remedy the | 24 | | violation of a victim's right. | 25 | | (16) The right to be reasonably protected from the | 26 | | accused throughout the criminal justice process and the |
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| 1 | | right to have the safety of the victim and the victim's | 2 | | family considered in denying or fixing the amount of bail, | 3 | | determining whether to release the defendant, and setting | 4 | | conditions of release after arrest and conviction. A victim | 5 | | of domestic violence, a sexual offense, or stalking may | 6 | | request the entry of a protective order under Article 112A | 7 | | of the Code of Criminal Procedure of 1963. | 8 | | (d)(1) The Prisoner Review Board shall inform a victim or | 9 | | any other
concerned citizen, upon written request, of the | 10 | | prisoner's release on parole,
mandatory supervised release, | 11 | | electronic detention, work release, international transfer or | 12 | | exchange, or by the
custodian, other than the Department of | 13 | | Juvenile Justice, of the discharge of any individual who was | 14 | | adjudicated a delinquent
for a crime from State custody and by | 15 | | the sheriff of the appropriate
county of any such person's | 16 | | final discharge from county custody.
The Prisoner Review Board, | 17 | | upon written request, shall provide to a victim or
any other | 18 | | concerned citizen a recent photograph of any person convicted | 19 | | of a
felony, upon his or her release from custody.
The Prisoner
| 20 | | Review Board, upon written request, shall inform a victim or | 21 | | any other
concerned citizen when feasible at least 7 days prior | 22 | | to the prisoner's release
on furlough of the times and dates of | 23 | | such furlough. Upon written request by
the victim or any other | 24 | | concerned citizen, the State's Attorney shall notify
the person | 25 | | once of the times and dates of release of a prisoner sentenced | 26 | | to
periodic imprisonment. Notification shall be based on the |
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| 1 | | most recent
information as to victim's or other concerned | 2 | | citizen's residence or other
location available to the | 3 | | notifying authority.
| 4 | | (2) When the defendant has been committed to the Department | 5 | | of
Human Services pursuant to Section 5-2-4 or any other
| 6 | | provision of the Unified Code of Corrections, the victim may | 7 | | request to be
notified by the releasing authority of the | 8 | | approval by the court of an on-grounds pass, a supervised | 9 | | off-grounds pass, an unsupervised off-grounds pass, or | 10 | | conditional release; the release on an off-grounds pass; the | 11 | | return from an off-grounds pass; transfer to another facility; | 12 | | conditional release; escape; death; or final discharge from | 13 | | State
custody. The Department of Human Services shall establish | 14 | | and maintain a statewide telephone number to be used by victims | 15 | | to make notification requests under these provisions and shall | 16 | | publicize this telephone number on its website and to the | 17 | | State's Attorney of each county.
| 18 | | (3) In the event of an escape from State custody, the | 19 | | Department of
Corrections or the Department of Juvenile Justice | 20 | | immediately shall notify the Prisoner Review Board of the | 21 | | escape
and the Prisoner Review Board shall notify the victim. | 22 | | The notification shall
be based upon the most recent | 23 | | information as to the victim's residence or other
location | 24 | | available to the Board. When no such information is available, | 25 | | the
Board shall make all reasonable efforts to obtain the | 26 | | information and make
the notification. When the escapee is |
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| 1 | | apprehended, the Department of
Corrections or the Department of | 2 | | Juvenile Justice immediately shall notify the Prisoner Review | 3 | | Board and the Board
shall notify the victim.
| 4 | | (4) The victim of the crime for which the prisoner has been | 5 | | sentenced
shall receive reasonable written notice not less than | 6 | | 30 days prior to the
parole hearing or target aftercare release | 7 | | date and may submit, in writing, on film, videotape , or other
| 8 | | electronic means or in the form of a recording prior to the | 9 | | parole hearing or target aftercare release date or in person at | 10 | | the parole hearing or aftercare release protest hearing
or if a | 11 | | victim of a violent crime, by calling the
toll-free number | 12 | | established in subsection (f) of this Section, information
for
| 13 | | consideration by the Prisoner Review Board or Department of | 14 | | Juvenile Justice. The
victim shall be notified within 7 days | 15 | | after the prisoner has been granted
parole or aftercare release | 16 | | and shall be informed of the right to inspect the registry of | 17 | | parole
decisions, established under subsection (g) of Section | 18 | | 3-3-5 of the Unified
Code of Corrections. The provisions of | 19 | | this paragraph (4) are subject to the
Open Parole Hearings Act. | 20 | | Victim impact statements received by the Board shall be | 21 | | confidential and privileged.
| 22 | | (5) If a statement is presented under Section 6, the | 23 | | Prisoner Review Board or Department of Juvenile Justice
shall | 24 | | inform the victim of any order of discharge pursuant
to Section | 25 | | 3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
| 26 | | (6) At the written or oral request of the victim of the |
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| 1 | | crime for which the
prisoner was sentenced or the State's | 2 | | Attorney of the county where the person seeking parole or | 3 | | aftercare release was prosecuted, the Prisoner Review Board or | 4 | | Department of Juvenile Justice shall notify the victim and the | 5 | | State's Attorney of the county where the person seeking parole | 6 | | or aftercare release was prosecuted of
the death of the | 7 | | prisoner if the prisoner died while on parole or aftercare | 8 | | release or mandatory
supervised release.
| 9 | | (7) When a defendant who has been committed to the | 10 | | Department of
Corrections, the Department of Juvenile Justice, | 11 | | or the Department of Human Services is released or discharged | 12 | | and
subsequently committed to the Department of Human Services | 13 | | as a sexually
violent person and the victim had requested to be | 14 | | notified by the releasing
authority of the defendant's | 15 | | discharge, conditional release, death, or escape from State | 16 | | custody, the releasing
authority shall provide to the | 17 | | Department of Human Services such information
that would allow | 18 | | the Department of Human Services to contact the victim.
| 19 | | (8) When a defendant has been convicted of a sex offense as | 20 | | defined in Section 2 of the Sex Offender Registration Act and | 21 | | has been sentenced to the Department of Corrections or the | 22 | | Department of Juvenile Justice, the Prisoner Review Board or | 23 | | the Department of Juvenile Justice shall notify the victim of | 24 | | the sex offense of the prisoner's eligibility for release on | 25 | | parole, aftercare release,
mandatory supervised release, | 26 | | electronic detention, work release, international transfer or |
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| 1 | | exchange, or by the
custodian of the discharge of any | 2 | | individual who was adjudicated a delinquent
for a sex offense | 3 | | from State custody and by the sheriff of the appropriate
county | 4 | | of any such person's final discharge from county custody. The | 5 | | notification shall be made to the victim at least 30 days, | 6 | | whenever possible, before release of the sex offender. | 7 | | (e) The officials named in this Section may satisfy some or | 8 | | all of their
obligations to provide notices and other | 9 | | information through participation in a
statewide victim and | 10 | | witness notification system established by the Attorney
| 11 | | General under Section 8.5 of this Act.
| 12 | | (f) To permit a crime victim of a violent crime to provide | 13 | | information to the
Prisoner Review Board or the Department of | 14 | | Juvenile Justice for consideration by the
Board or Department | 15 | | at a parole hearing or before an aftercare release decision of | 16 | | a person who committed the crime against
the victim in | 17 | | accordance with clause (d)(4) of this Section or at a | 18 | | proceeding
to determine the conditions of mandatory supervised | 19 | | release of a person
sentenced to a determinate sentence or at a | 20 | | hearing on revocation of mandatory
supervised release of a | 21 | | person sentenced to a determinate sentence, the Board
shall | 22 | | establish a toll-free number that may be accessed by the victim | 23 | | of
a violent crime to present that information to the Board.
| 24 | | (Source: P.A. 99-413, eff. 8-20-15; 99-628, eff. 1-1-17; | 25 | | 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; revised 10-3-18.)
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| 1 | | (725 ILCS 120/6) (from Ch. 38, par. 1406)
| 2 | | Sec. 6. Right to be heard at sentencing.
| 3 | | (a) A crime victim shall be allowed to present an oral or | 4 | | written statement in any case in which a defendant has been | 5 | | convicted of a violent crime or a juvenile has been adjudicated | 6 | | delinquent for a violent crime after a bench or jury trial, or | 7 | | a defendant who was charged with a violent crime and has been | 8 | | convicted under a plea agreement of a crime that is not a | 9 | | violent crime as defined in subsection (c) of Section 3 of this | 10 | | Act. The court shall allow a victim to make an oral statement | 11 | | if the victim is present in the courtroom and requests to make | 12 | | an oral statement. An oral statement includes the victim or a | 13 | | representative of the victim reading the written statement. The | 14 | | court may allow persons impacted by the crime who are not | 15 | | victims under subsection (a) of Section 3 of this Act to | 16 | | present an oral or written statement. A victim and any person | 17 | | making an oral statement shall not be put under oath or subject | 18 | | to cross-examination. The court shall
consider any statement | 19 | | presented
along with
all
other appropriate factors in | 20 | | determining the sentence of the defendant or
disposition of | 21 | | such juvenile.
| 22 | | (a-1) In any case where a defendant has been convicted of a | 23 | | violation of any statute, ordinance, or regulation relating to | 24 | | the operation or use of motor vehicles, the use of streets and | 25 | | highways by pedestrians or the operation of any other wheeled | 26 | | or tracked vehicle, except parking violations, if the violation |
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| 1 | | resulted in great bodily harm or death, the person who suffered | 2 | | great bodily harm, the injured person's representative, or the | 3 | | representative of a deceased person shall be entitled to notice | 4 | | of the sentencing hearing. "Representative" includes the | 5 | | spouse, guardian, grandparent, or other immediate family or | 6 | | household member of an injured or deceased person. The injured | 7 | | person or his or her representative and a representative of the | 8 | | deceased person shall have the right to address the court | 9 | | regarding the impact that the defendant's criminal conduct has | 10 | | had upon them. If more than one representative of an injured or | 11 | | deceased person is present in the courtroom at the time of | 12 | | sentencing, the court has discretion to permit one or more of | 13 | | the representatives to present an oral impact statement. A | 14 | | victim and any person making an oral statement shall not be put | 15 | | under oath or subject to cross-examination. The court shall | 16 | | consider any impact statement presented along with all other | 17 | | appropriate factors in determining the sentence of the | 18 | | defendant. | 19 | | (a-5) A crime victim shall be allowed to present an oral | 20 | | and written victim impact statement at a hearing ordered by the | 21 | | court under the Mental Health and Developmental Disabilities | 22 | | Code to determine if the defendant is: (1) in need of mental | 23 | | health services on an inpatient basis; (2) in need of mental | 24 | | health services on an outpatient basis; or (3) not in need of | 25 | | mental health services, unless the defendant was under 18 years | 26 | | of age at the time the offense was committed. The court shall |
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| 1 | | allow a victim to make an oral impact statement if the victim | 2 | | is present in the courtroom and requests to make an oral | 3 | | statement. An oral statement includes the victim or a | 4 | | representative of the victim reading the written impact | 5 | | statement. The court may allow persons impacted by the crime | 6 | | who are not victims under subsection (a) of Section 3 of this | 7 | | Act, to present an oral or written statement. A victim and any | 8 | | person making an oral statement shall not be put under oath or | 9 | | subject to cross-examination. The court may only consider the | 10 | | impact statement along with all other appropriate factors in | 11 | | determining the: (1) threat of serious physical harm posed | 12 | | poised by the respondent to himself or herself, or to another | 13 | | person; (2) location of inpatient or outpatient mental health | 14 | | services ordered by the court, but only after complying with | 15 | | all other applicable administrative, rule, and statutory | 16 | | requirements; (3) maximum period of commitment for inpatient | 17 | | mental health services; and (4) conditions of release for | 18 | | outpatient mental health services ordered by the court. | 19 | | (b) The crime victim has the right to prepare a victim | 20 | | impact statement
and present it to the Office of the State's | 21 | | Attorney at any time during the
proceedings. Any written victim | 22 | | impact statement submitted to the Office of the State's | 23 | | Attorney shall be considered by the court during its | 24 | | consideration of aggravation and mitigation in plea | 25 | | proceedings under Supreme Court Rule 402.
| 26 | | (b-5) The crime victim has the right to register with the |
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| 1 | | Prisoner Review Board's victim registry. The crime victim has | 2 | | the right to submit a victim impact statement to the Board for | 3 | | consideration at hearings as provided in the Open Parole | 4 | | Hearings Act or at an executive clemency hearing as provided in | 5 | | Section 3-3-13 of the Unified Code of Corrections. Victim | 6 | | impact statements received by the Board shall be confidential | 7 | | and privileged. | 8 | | (c) This Section shall apply to any victims during any
| 9 | | dispositional hearing under Section 5-705 of the Juvenile Court
| 10 | | Act of 1987 which takes place pursuant to an adjudication or | 11 | | trial or plea of
delinquency for any such offense.
| 12 | | (d) If any provision of this Section or its application to | 13 | | any person or circumstance is held invalid, the invalidity of | 14 | | that provision does not affect any other provision or | 15 | | application of this Section that can be given effect without | 16 | | the invalid provision or application. | 17 | | (Source: P.A. 99-413, eff. 8-20-15; 100-961, eff. 1-1-19; | 18 | | revised 10-3-18.)
| 19 | | Section 10. The Unified Code of Corrections is amended by | 20 | | changing Sections 3-3-4 and 3-3-13 as follows:
| 21 | | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 22 | | Sec. 3-3-4. Preparation for parole hearing.
| 23 | | (a) The Prisoner Review Board shall consider the parole
of | 24 | | each eligible person committed to the Department of Corrections |
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| 1 | | at
least 30 days prior to the date he or she shall first become
| 2 | | eligible for parole.
| 3 | | (b) A person eligible for parole shall, no less than 15 | 4 | | days in advance of
his or her parole interview, prepare a | 5 | | parole plan in accordance
with the rules of the Prisoner Review | 6 | | Board. The person
shall be assisted in preparing his or her | 7 | | parole plan by personnel
of the Department of Corrections, and | 8 | | may, for this purpose, be released
on furlough under Article | 9 | | 11. The Department shall also provide
assistance in obtaining | 10 | | information and records helpful to
the individual for his or | 11 | | her parole hearing. If the person eligible for parole has a | 12 | | petition or any written submissions prepared on his or her | 13 | | behalf by an attorney or other representative, the attorney or | 14 | | representative for the person eligible for parole must serve by | 15 | | certified mail the State's Attorney of the county where he or | 16 | | she was prosecuted with the petition or any written submissions | 17 | | 15 days after his or her parole interview. The State's Attorney | 18 | | shall provide the attorney for the person eligible for parole | 19 | | with a copy of his or her letter in opposition to parole via | 20 | | certified mail within 5 business days of the en banc hearing.
| 21 | | (c) Any member of the Board shall have access at all
| 22 | | reasonable times to any committed person and to his or her | 23 | | master
record file within the Department, and the Department | 24 | | shall
furnish such a report to the Board
concerning the conduct | 25 | | and character of any such person prior to his or her parole | 26 | | interview.
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| 1 | | (d) In making its determination of parole, the Board
shall | 2 | | consider:
| 3 | | (1) (blank);
| 4 | | (2) the report under Section 3-8-2 or 3-10-2;
| 5 | | (3) a report by the Department and any report by the
| 6 | | chief administrative officer of the institution or | 7 | | facility;
| 8 | | (4) a parole progress report;
| 9 | | (5) a medical and psychological report, if requested
by | 10 | | the Board;
| 11 | | (6) material in writing, or on film, video tape or | 12 | | other electronic
means in the form of a recording submitted | 13 | | by the person whose parole
is being considered;
| 14 | | (7) material in writing, or on film, video tape or | 15 | | other electronic
means in the form of a recording or | 16 | | testimony submitted by the State's
Attorney and the victim | 17 | | or a concerned citizen pursuant to the Rights of Crime | 18 | | Victims and Witnesses Act; and
| 19 | | (8) the person's eligibility for commitment under the | 20 | | Sexually Violent Persons Commitment Act. | 21 | | (e) The prosecuting State's Attorney's office shall | 22 | | receive from the Board reasonable
written notice not less than | 23 | | 30 days prior to the parole interview and may
submit relevant | 24 | | information by oral argument or testimony of victims and | 25 | | concerned citizens, or both, in writing, or on film, video tape | 26 | | or other
electronic means or in the form of a recording to the |
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| 1 | | Board for its
consideration. Upon written request of the | 2 | | State's Attorney's office, the Prisoner Review Board shall hear | 3 | | protests to parole, except in counties of 1,500,000 or more | 4 | | inhabitants where there shall be standing objections to all | 5 | | such petitions. If a State's Attorney who represents a county | 6 | | of less than 1,500,000 inhabitants requests a protest hearing, | 7 | | the inmate's counsel or other representative shall also receive | 8 | | notice of such request.
This hearing shall take place the month | 9 | | following the inmate's parole interview. If the inmate's parole | 10 | | interview is rescheduled then the Prisoner Review Board shall | 11 | | promptly notify the State's Attorney of the new date. The | 12 | | person eligible for parole shall be heard at the next scheduled | 13 | | en banc hearing date. If the case is to be continued, the | 14 | | State's Attorney's office and the attorney or representative | 15 | | for the person eligible for parole will be notified of any | 16 | | continuance within 5 business days. The State's Attorney may | 17 | | waive the written notice.
| 18 | | (f) The victim of the violent crime for which the prisoner | 19 | | has been
sentenced shall receive notice of a parole hearing as | 20 | | provided in paragraph
(4) of subsection (d) of Section 4.5 of | 21 | | the Rights of Crime Victims and Witnesses
Act.
| 22 | | (g) Any recording considered under the provisions of | 23 | | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 24 | | the form designated by the Board.
Such recording shall be both | 25 | | visual and aural. Every voice on the
recording and person | 26 | | present shall be identified and the recording shall
contain |
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| 1 | | either a visual or aural statement of the person submitting | 2 | | such
recording, the date of the recording and the name of the | 3 | | person whose
parole eligibility is being considered. Such | 4 | | recordings shall be retained by
the Board and shall be deemed | 5 | | to be submitted at any subsequent parole hearing
if the victim | 6 | | or State's Attorney submits in writing a declaration clearly
| 7 | | identifying such recording as representing the present | 8 | | position of the
victim or State's Attorney regarding the issues | 9 | | to be considered at the parole
hearing.
| 10 | | (h) The Board shall not release any material to the inmate, | 11 | | the inmate's attorney, any third party, or any other person | 12 | | containing any information from the victim or from a person | 13 | | related to the victim by blood, adoption, or marriage who has | 14 | | provided a victim impact statement to the Board written | 15 | | objections, testified at any hearing, or submitted audio or | 16 | | visual objections to the inmate's parole , unless provided with | 17 | | a waiver from the victim that objecting party . The Board shall | 18 | | not release the names or addresses of any person on its victim | 19 | | registry to any other person except the victim, a law | 20 | | enforcement agency, or other victim notification system. | 21 | | Victim impact statements shall be confidential and privileged. | 22 | | (Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; | 23 | | 98-717, eff. 1-1-15; 99-628, eff. 1-1-17 .)
| 24 | | (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
| 25 | | Sec. 3-3-13. Procedure for Executive Clemency.
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| 1 | | (a) Petitions seeking pardon, commutation, or reprieve | 2 | | shall be
addressed to the Governor and filed with the Prisoner | 3 | | Review
Board. The petition shall be in writing and signed by | 4 | | the
person under conviction or by a person on his behalf. It | 5 | | shall
contain a brief history of the case, the reasons for | 6 | | seeking
executive clemency, and other relevant information the | 7 | | Board may require.
| 8 | | (a-5) After a petition has been denied by the Governor, the | 9 | | Board may not
accept a repeat petition for executive clemency | 10 | | for the same person until one
full year has elapsed from the | 11 | | date of the denial. The Chairman of the Board
may waive the | 12 | | one-year requirement if the petitioner offers in writing
new | 13 | | information that was unavailable to the petitioner at the time
| 14 | | of the filing of the prior petition and which the Chairman | 15 | | determines to be
significant. The Chairman also may waive the | 16 | | one-year
waiting period if the petitioner can show that a | 17 | | change in circumstances of a
compelling humanitarian nature has | 18 | | arisen since the denial of the prior
petition.
| 19 | | (b) Notice of the proposed application shall be given by
| 20 | | the Board to the committing court and the state's attorney of
| 21 | | the county where the conviction was had.
| 22 | | (c) The Board shall, if requested and upon due notice,
give | 23 | | a hearing to each application, allowing representation by
| 24 | | counsel, if desired, after which it shall confidentially
advise | 25 | | the Governor by a written report of its recommendations
which | 26 | | shall be determined by majority vote. The Board shall
meet to |
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| 1 | | consider such petitions no less than 4 times each
year.
| 2 | | Application for executive clemency under this Section may | 3 | | not be commenced
on behalf of a person who has been sentenced | 4 | | to death without the written
consent of the defendant, unless | 5 | | the defendant, because of a mental or
physical condition, is | 6 | | incapable of asserting his or her own claim. The written report | 7 | | of the Board's recommendations to the Governor shall be | 8 | | privileged.
| 9 | | (d) The Governor shall decide each application and
| 10 | | communicate his decision to the Board which shall notify the
| 11 | | petitioner.
| 12 | | In the event a petitioner who has been convicted of a Class | 13 | | X felony is
granted a release, after the Governor has | 14 | | communicated such decision to
the Board, the Board shall give | 15 | | written notice to the Sheriff of the county
from which the | 16 | | offender was sentenced if such sheriff has requested that
such | 17 | | notice be given on a continuing basis. In cases where arrest of | 18 | | the
offender or the commission of the offense took place in any | 19 | | municipality
with a population of more than 10,000 persons, the | 20 | | Board shall also give
written notice to the proper law | 21 | | enforcement agency for said municipality
which has requested | 22 | | notice on a continuing basis.
| 23 | | (e) Nothing in this Section shall be construed to limit the | 24 | | power of the
Governor under the constitution to grant a | 25 | | reprieve, commutation of sentence,
or pardon.
| 26 | | (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
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| 1 | | Section 15. The Open Parole Hearings Act is amended by | 2 | | changing Section 35 as follows:
| 3 | | (730 ILCS 105/35) (from Ch. 38, par. 1685)
| 4 | | Sec. 35. Victim impact statements.
| 5 | | (a) The Board shall receive and consider victim impact | 6 | | statements.
| 7 | | (b) Victim impact statements either oral, written, | 8 | | video-taped, tape recorded or made by other electronic means | 9 | | shall not be considered public
documents under provisions of | 10 | | the Freedom of Information Act.
| 11 | | (b-5) Other than as provided in subsection (c), the Board | 12 | | shall not release any material to the inmate, the inmate's | 13 | | attorney, any third party, or any other person that contains | 14 | | any information from the victim who has provided a victim | 15 | | impact statement to the Board, unless provided with a waiver | 16 | | from the victim. The Board shall not release the names or | 17 | | addresses of any person on its victim registry to any other | 18 | | person except the victim, a law enforcement agency, or other | 19 | | victim notification system. Victim impact statements received | 20 | | by the Board shall be confidential and privileged. | 21 | | (c) The inmate or his or her attorney shall be informed of | 22 | | the existence of a
victim impact statement and its contents | 23 | | under provisions of Board rules.
This shall not be construed to | 24 | | permit disclosure to an inmate of any
information which might |
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| 1 | | result in the risk of threats or physical harm to a
victim or | 2 | | complaining witness.
| 3 | | (d) The inmate shall be given the opportunity to answer a | 4 | | victim impact
statement, either orally or in writing.
| 5 | | (e) All written victim impact statements shall be part of | 6 | | the applicant's, releasee's,
or parolee's parole file.
| 7 | | (Source: P.A. 97-299, eff. 8-11-11; 98-558, eff. 1-1-14.)
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