Full Text of SB3095 102nd General Assembly
SB3095sam002 102ND GENERAL ASSEMBLY | Sen. John Connor Filed: 2/15/2022
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| 1 | | AMENDMENT TO SENATE BILL 3095
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3095 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Rights of Crime Victims and Witnesses Act | 5 | | is amended by changing Section 4.5 as follows:
| 6 | | (725 ILCS 120/4.5)
| 7 | | (Text of Section before amendment by P.A. 101-652 ) | 8 | | Sec. 4.5. Procedures to implement the rights of crime | 9 | | victims. To afford
crime victims their rights, law | 10 | | enforcement, prosecutors, judges, and
corrections will provide | 11 | | information, as appropriate, of the following
procedures:
| 12 | | (a) At the request of the crime victim, law enforcement | 13 | | authorities
investigating the case shall provide notice of the | 14 | | status of the investigation,
except where the State's Attorney | 15 | | determines that disclosure of such
information would | 16 | | unreasonably interfere with the investigation, until such
time |
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| 1 | | as the alleged assailant is apprehended or the investigation | 2 | | is closed.
| 3 | | (a-5) When law enforcement authorities reopen a closed | 4 | | case to resume investigating, they shall provide notice of the | 5 | | reopening of the case, except where the State's Attorney | 6 | | determines that disclosure of such information would | 7 | | unreasonably interfere with the investigation. | 8 | | (b) The office of the State's Attorney:
| 9 | | (1) shall provide notice of the filing of an | 10 | | information, the return of an
indictment, or the
filing of | 11 | | a petition to adjudicate a minor as a delinquent for a | 12 | | violent
crime;
| 13 | | (2) shall provide timely notice of the date, time, and | 14 | | place of court proceedings; of any change in the date, | 15 | | time, and place of court proceedings; and of any | 16 | | cancellation of court proceedings. Notice shall be | 17 | | provided in sufficient time, wherever possible, for the | 18 | | victim to
make arrangements to attend or to prevent an | 19 | | unnecessary appearance at court proceedings;
| 20 | | (3) or victim advocate personnel shall provide | 21 | | information of social
services and financial assistance | 22 | | available for victims of crime, including
information of | 23 | | how to apply for these services and assistance;
| 24 | | (3.5) or victim advocate personnel shall provide | 25 | | information about available victim services, including | 26 | | referrals to programs, counselors, and agencies that |
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| 1 | | assist a victim to deal with trauma, loss, and grief; | 2 | | (4) shall assist in having any stolen or other | 3 | | personal property held by
law enforcement authorities for | 4 | | evidentiary or other purposes returned as
expeditiously as | 5 | | possible, pursuant to the procedures set out in Section | 6 | | 115-9
of the Code of Criminal Procedure of 1963;
| 7 | | (5) or victim advocate personnel shall provide | 8 | | appropriate employer
intercession services to ensure that | 9 | | employers of victims will cooperate with
the criminal | 10 | | justice system in order to minimize an employee's loss of | 11 | | pay and
other benefits resulting from court appearances;
| 12 | | (6) shall provide, whenever possible, a secure waiting
| 13 | | area during court proceedings that does not require | 14 | | victims to be in close
proximity to defendants or | 15 | | juveniles accused of a violent crime, and their
families | 16 | | and friends;
| 17 | | (7) shall provide notice to the crime victim of the | 18 | | right to have a
translator present at all court | 19 | | proceedings and, in compliance with the federal Americans
| 20 | | with Disabilities Act of 1990, the right to communications | 21 | | access through a
sign language interpreter or by other | 22 | | means;
| 23 | | (8) (blank);
| 24 | | (8.5) shall inform the victim of the right to be | 25 | | present at all court proceedings, unless the victim is to | 26 | | testify and the court determines that the victim's |
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| 1 | | testimony would be materially affected if the victim hears | 2 | | other testimony at trial; | 3 | | (9) shall inform the victim of the right to have | 4 | | present at all court
proceedings, subject to the rules of | 5 | | evidence and confidentiality, an advocate and other | 6 | | support
person of the victim's choice; | 7 | | (9.3) shall inform the victim of the right to retain | 8 | | an attorney, at the
victim's own expense, who, upon | 9 | | written notice filed with the clerk of the
court and | 10 | | State's Attorney, is to receive copies of all notices, | 11 | | motions, and
court orders filed thereafter in the case, in | 12 | | the same manner as if the victim
were a named party in the | 13 | | case;
| 14 | | (9.5) shall inform the victim of (A) the victim's | 15 | | right under Section 6 of this Act to make a statement at | 16 | | the sentencing hearing; (B) the right of the victim's | 17 | | spouse, guardian, parent, grandparent, and other immediate | 18 | | family and household members under Section 6 of this Act | 19 | | to present a statement at sentencing; and (C) if a | 20 | | presentence report is to be prepared, the right of the | 21 | | victim's spouse, guardian, parent, grandparent, and other | 22 | | immediate family and household members to submit | 23 | | information to the preparer of the presentence report | 24 | | about the effect the offense has had on the victim and the | 25 | | person; | 26 | | (10) at the sentencing shall make a good faith attempt |
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| 1 | | to explain
the minimum amount of time during which the | 2 | | defendant may actually be
physically imprisoned. The | 3 | | Office of the State's Attorney shall further notify
the | 4 | | crime victim of the right to request from the Prisoner | 5 | | Review Board
or Department of Juvenile Justice information | 6 | | concerning the release of the defendant;
| 7 | | (11) shall request restitution at sentencing and as | 8 | | part of a plea agreement if the victim requests | 9 | | restitution;
| 10 | | (12) shall, upon the court entering a verdict of not | 11 | | guilty by reason of insanity, inform the victim of the | 12 | | notification services available from the Department of | 13 | | Human Services, including the statewide telephone number, | 14 | | under subparagraph (d)(2) of this Section;
| 15 | | (13) shall provide notice within a reasonable time | 16 | | after receipt of notice from
the custodian, of the release | 17 | | of the defendant on bail or personal recognizance
or the | 18 | | release from detention of a minor who has been detained;
| 19 | | (14) shall explain in nontechnical language the | 20 | | details of any plea or verdict of
a defendant, or any | 21 | | adjudication of a juvenile as a delinquent;
| 22 | | (15) shall make all reasonable efforts to consult with | 23 | | the crime victim before the Office of
the State's Attorney | 24 | | makes an offer of a plea bargain to the defendant or
enters | 25 | | into negotiations with the defendant concerning a possible | 26 | | plea
agreement, and shall consider the written statement, |
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| 1 | | if prepared
prior to entering into a plea agreement. The | 2 | | right to consult with the prosecutor does not include the | 3 | | right to veto a plea agreement or to insist the case go to | 4 | | trial. If the State's Attorney has not consulted with the | 5 | | victim prior to making an offer or entering into plea | 6 | | negotiations with the defendant, the Office of the State's | 7 | | Attorney shall notify the victim of the offer or the | 8 | | negotiations within 2 business days and confer with the | 9 | | victim;
| 10 | | (16) shall provide notice of the ultimate disposition | 11 | | of the cases arising from
an indictment or an information, | 12 | | or a petition to have a juvenile adjudicated
as a | 13 | | delinquent for a violent crime;
| 14 | | (17) shall provide notice of any appeal taken by the | 15 | | defendant and information
on how to contact the | 16 | | appropriate agency handling the appeal, and how to request | 17 | | notice of any hearing, oral argument, or decision of an | 18 | | appellate court;
| 19 | | (18) shall provide timely notice of any request for | 20 | | post-conviction review filed by the
defendant under | 21 | | Article 122 of the Code of Criminal Procedure of 1963, and | 22 | | of
the date, time and place of any hearing concerning the | 23 | | petition. Whenever
possible, notice of the hearing shall | 24 | | be given within 48 hours of the court's scheduling of the | 25 | | hearing; and
| 26 | | (19) shall forward a copy of any statement presented |
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| 1 | | under Section 6 to the
Prisoner Review Board or Department | 2 | | of Juvenile Justice to be considered in making a | 3 | | determination
under Section 3-2.5-85 or subsection (b) of | 4 | | Section 3-3-8 of the Unified Code of Corrections.
| 5 | | (c) The court shall ensure that the rights of the victim | 6 | | are afforded. | 7 | | (c-5) The following procedures shall be followed to afford | 8 | | victims the rights guaranteed by Article I, Section 8.1 of the | 9 | | Illinois Constitution: | 10 | | (1) Written notice. A victim may complete a written | 11 | | notice of intent to assert rights on a form prepared by the | 12 | | Office of the Attorney General and provided to the victim | 13 | | by the State's Attorney. The victim may at any time | 14 | | provide a revised written notice to the State's Attorney. | 15 | | The State's Attorney shall file the written notice with | 16 | | the court. At the beginning of any court proceeding in | 17 | | which the right of a victim may be at issue, the court and | 18 | | prosecutor shall review the written notice to determine | 19 | | whether the victim has asserted the right that may be at | 20 | | issue. | 21 | | (2) Victim's retained attorney. A victim's attorney | 22 | | shall file an entry of appearance limited to assertion of | 23 | | the victim's rights. Upon the filing of the entry of | 24 | | appearance and service on the State's Attorney and the | 25 | | defendant, the attorney is to receive copies of all | 26 | | notices, motions and court orders filed thereafter in the |
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| 1 | | case. | 2 | | (3) Standing. The victim has standing to assert the | 3 | | rights enumerated in subsection (a) of Article I, Section | 4 | | 8.1 of the Illinois Constitution and the statutory rights | 5 | | under Section 4 of this Act in any court exercising | 6 | | jurisdiction over the criminal case. The prosecuting | 7 | | attorney, a victim, or the victim's retained attorney may | 8 | | assert the victim's rights. The defendant in the criminal | 9 | | case has no standing to assert a right of the victim in any | 10 | | court proceeding, including on appeal. | 11 | | (4) Assertion of and enforcement of rights. | 12 | | (A) The prosecuting attorney shall assert a | 13 | | victim's right or request enforcement of a right by | 14 | | filing a motion or by orally asserting the right or | 15 | | requesting enforcement in open court in the criminal | 16 | | case outside the presence of the jury. The prosecuting | 17 | | attorney shall consult with the victim and the | 18 | | victim's attorney regarding the assertion or | 19 | | enforcement of a right. If the prosecuting attorney | 20 | | decides not to assert or enforce a victim's right, the | 21 | | prosecuting attorney shall notify the victim or the | 22 | | victim's attorney in sufficient time to allow the | 23 | | victim or the victim's attorney to assert the right or | 24 | | to seek enforcement of a right. | 25 | | (B) If the prosecuting attorney elects not to | 26 | | assert a victim's right or to seek enforcement of a |
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| 1 | | right, the victim or the victim's attorney may assert | 2 | | the victim's right or request enforcement of a right | 3 | | by filing a motion or by orally asserting the right or | 4 | | requesting enforcement in open court in the criminal | 5 | | case outside the presence of the jury. | 6 | | (C) If the prosecuting attorney asserts a victim's | 7 | | right or seeks enforcement of a right, and the court | 8 | | denies the assertion of the right or denies the | 9 | | request for enforcement of a right, the victim or | 10 | | victim's attorney may file a motion to assert the | 11 | | victim's right or to request enforcement of the right | 12 | | within 10 days of the court's ruling. The motion need | 13 | | not demonstrate the grounds for a motion for | 14 | | reconsideration. The court shall rule on the merits of | 15 | | the motion. | 16 | | (D) The court shall take up and decide any motion | 17 | | or request asserting or seeking enforcement of a | 18 | | victim's right without delay, unless a specific time | 19 | | period is specified by law or court rule. The reasons | 20 | | for any decision denying the motion or request shall | 21 | | be clearly stated on the record. | 22 | | (5) Violation of rights and remedies. | 23 | | (A) If the court determines that a victim's right | 24 | | has been violated, the court shall determine the | 25 | | appropriate remedy for the violation of the victim's | 26 | | right by hearing from the victim and the parties, |
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| 1 | | considering all factors relevant to the issue, and | 2 | | then awarding appropriate relief to the victim. | 3 | | (A-5) Consideration of an issue of a substantive | 4 | | nature or an issue that implicates the constitutional | 5 | | or statutory right of a victim at a court proceeding | 6 | | labeled as a status hearing shall constitute a per se | 7 | | violation of a victim's right. | 8 | | (B) The appropriate remedy shall include only | 9 | | actions necessary to provide the victim the right to | 10 | | which the victim was entitled and may include | 11 | | reopening previously held proceedings; however, in no | 12 | | event shall the court vacate a conviction. Any remedy | 13 | | shall be tailored to provide the victim an appropriate | 14 | | remedy without violating any constitutional right of | 15 | | the defendant. In no event shall the appropriate | 16 | | remedy be a new trial, damages, or costs. | 17 | | (6) Right to be heard. Whenever a victim has the right | 18 | | to be heard, the court shall allow the victim to exercise | 19 | | the right in any reasonable manner the victim chooses. | 20 | | (7) Right to attend trial. A party must file a written | 21 | | motion to exclude a victim from trial at least 60 days | 22 | | prior to the date set for trial. The motion must state with | 23 | | specificity the reason exclusion is necessary to protect a | 24 | | constitutional right of the party, and must contain an | 25 | | offer of proof. The court shall rule on the motion within | 26 | | 30 days. If the motion is granted, the court shall set |
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| 1 | | forth on the record the facts that support its finding | 2 | | that the victim's testimony will be materially affected if | 3 | | the victim hears other testimony at trial. | 4 | | (8) Right to have advocate and support person present | 5 | | at court proceedings. | 6 | | (A) A party who intends to call an advocate as a | 7 | | witness at trial must seek permission of the court | 8 | | before the subpoena is issued. The party must file a | 9 | | written motion at least 90 days before trial that sets | 10 | | forth specifically the issues on which the advocate's | 11 | | testimony is sought and an offer of proof regarding | 12 | | (i) the content of the anticipated testimony of the | 13 | | advocate; and (ii) the relevance, admissibility, and | 14 | | materiality of the anticipated testimony. The court | 15 | | shall consider the motion and make findings within 30 | 16 | | days of the filing of the motion. If the court finds by | 17 | | a preponderance of the evidence that: (i) the | 18 | | anticipated testimony is not protected by an absolute | 19 | | privilege; and (ii) the anticipated testimony contains | 20 | | relevant, admissible, and material evidence that is | 21 | | not available through other witnesses or evidence, the | 22 | | court shall issue a subpoena requiring the advocate to | 23 | | appear to testify at an in camera hearing. The | 24 | | prosecuting attorney and the victim shall have 15 days | 25 | | to seek appellate review before the advocate is | 26 | | required to testify at an ex parte in camera |
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| 1 | | proceeding. | 2 | | The prosecuting attorney, the victim, and the | 3 | | advocate's attorney shall be allowed to be present at | 4 | | the ex parte in camera proceeding. If, after | 5 | | conducting the ex parte in camera hearing, the court | 6 | | determines that due process requires any testimony | 7 | | regarding confidential or privileged information or | 8 | | communications, the court shall provide to the | 9 | | prosecuting attorney, the victim, and the advocate's | 10 | | attorney a written memorandum on the substance of the | 11 | | advocate's testimony. The prosecuting attorney, the | 12 | | victim, and the advocate's attorney shall have 15 days | 13 | | to seek appellate review before a subpoena may be | 14 | | issued for the advocate to testify at trial. The | 15 | | presence of the prosecuting attorney at the ex parte | 16 | | in camera proceeding does not make the substance of | 17 | | the advocate's testimony that the court has ruled | 18 | | inadmissible subject to discovery. | 19 | | (B) If a victim has asserted the right to have a | 20 | | support person present at the court proceedings, the | 21 | | victim shall provide the name of the person the victim | 22 | | has chosen to be the victim's support person to the | 23 | | prosecuting attorney, within 60 days of trial. The | 24 | | prosecuting attorney shall provide the name to the | 25 | | defendant. If the defendant intends to call the | 26 | | support person as a witness at trial, the defendant |
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| 1 | | must seek permission of the court before a subpoena is | 2 | | issued. The defendant must file a written motion at | 3 | | least 45 days prior to trial that sets forth | 4 | | specifically the issues on which the support person | 5 | | will testify and an offer of proof regarding: (i) the | 6 | | content of the anticipated testimony of the support | 7 | | person; and (ii) the relevance, admissibility, and | 8 | | materiality of the anticipated testimony. | 9 | | If the prosecuting attorney intends to call the | 10 | | support person as a witness during the State's | 11 | | case-in-chief, the prosecuting attorney shall inform | 12 | | the court of this intent in the response to the | 13 | | defendant's written motion. The victim may choose a | 14 | | different person to be the victim's support person. | 15 | | The court may allow the defendant to inquire about | 16 | | matters outside the scope of the direct examination | 17 | | during cross-examination. If the court allows the | 18 | | defendant to do so, the support person shall be | 19 | | allowed to remain in the courtroom after the support | 20 | | person has testified. A defendant who fails to | 21 | | question the support person about matters outside the | 22 | | scope of direct examination during the State's | 23 | | case-in-chief waives the right to challenge the | 24 | | presence of the support person on appeal. The court | 25 | | shall allow the support person to testify if called as | 26 | | a witness in the defendant's case-in-chief or the |
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| 1 | | State's rebuttal. | 2 | | If the court does not allow the defendant to | 3 | | inquire about matters outside the scope of the direct | 4 | | examination, the support person shall be allowed to | 5 | | remain in the courtroom after the support person has | 6 | | been called by the defendant or the defendant has | 7 | | rested. The court shall allow the support person to | 8 | | testify in the State's rebuttal. | 9 | | If the prosecuting attorney does not intend to | 10 | | call the support person in the State's case-in-chief, | 11 | | the court shall verify with the support person whether | 12 | | the support person, if called as a witness, would | 13 | | testify as set forth in the offer of proof. If the | 14 | | court finds that the support person would testify as | 15 | | set forth in the offer of proof, the court shall rule | 16 | | on the relevance, materiality, and admissibility of | 17 | | the anticipated testimony. If the court rules the | 18 | | anticipated testimony is admissible, the court shall | 19 | | issue the subpoena. The support person may remain in | 20 | | the courtroom after the support person testifies and | 21 | | shall be allowed to testify in rebuttal. | 22 | | If the court excludes the victim's support person | 23 | | during the State's case-in-chief, the victim shall be | 24 | | allowed to choose another support person to be present | 25 | | in court. | 26 | | If the victim fails to designate a support person |
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| 1 | | within 60 days of trial and the defendant has | 2 | | subpoenaed the support person to testify at trial, the | 3 | | court may exclude the support person from the trial | 4 | | until the support person testifies. If the court | 5 | | excludes the support person the victim may choose | 6 | | another person as a support person. | 7 | | (9) Right to notice and hearing before disclosure of | 8 | | confidential or privileged information or records. A | 9 | | defendant who seeks to subpoena records of or concerning | 10 | | the victim that are confidential or privileged by law must | 11 | | seek permission of the court before the subpoena is | 12 | | issued. The defendant must file a written motion and an | 13 | | offer of proof regarding the relevance, admissibility and | 14 | | materiality of the records. If the court finds by a | 15 | | preponderance of the evidence that: (A) the records are | 16 | | not protected by an absolute privilege and (B) the records | 17 | | contain relevant, admissible, and material evidence that | 18 | | is not available through other witnesses or evidence, the | 19 | | court shall issue a subpoena requiring a sealed copy of | 20 | | the records be delivered to the court to be reviewed in | 21 | | camera. If, after conducting an in camera review of the | 22 | | records, the court determines that due process requires | 23 | | disclosure of any portion of the records, the court shall | 24 | | provide copies of what it intends to disclose to the | 25 | | prosecuting attorney and the victim. The prosecuting | 26 | | attorney and the victim shall have 30 days to seek |
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| 1 | | appellate review before the records are disclosed to the | 2 | | defendant. The disclosure of copies of any portion of the | 3 | | records to the prosecuting attorney does not make the | 4 | | records subject to discovery. | 5 | | (10) Right to notice of court proceedings. If the | 6 | | victim is not present at a court proceeding in which a | 7 | | right of the victim is at issue, the court shall ask the | 8 | | prosecuting attorney whether the victim was notified of | 9 | | the time, place, and purpose of the court proceeding and | 10 | | that the victim had a right to be heard at the court | 11 | | proceeding. If the court determines that timely notice was | 12 | | not given or that the victim was not adequately informed | 13 | | of the nature of the court proceeding, the court shall not | 14 | | rule on any substantive issues, accept a plea, or impose a | 15 | | sentence and shall continue the hearing for the time | 16 | | necessary to notify the victim of the time, place and | 17 | | nature of the court proceeding. The time between court | 18 | | proceedings shall not be attributable to the State under | 19 | | Section 103-5 of the Code of Criminal Procedure of 1963. | 20 | | (11) Right to timely disposition of the case. A victim | 21 | | has the right to timely disposition of the case so as to | 22 | | minimize the stress, cost, and inconvenience resulting | 23 | | from the victim's involvement in the case. Before ruling | 24 | | on a motion to continue trial or other court proceeding, | 25 | | the court shall inquire into the circumstances for the | 26 | | request for the delay and, if the victim has provided |
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| 1 | | written notice of the assertion of the right to a timely | 2 | | disposition, and whether the victim objects to the delay. | 3 | | If the victim objects, the prosecutor shall inform the | 4 | | court of the victim's objections. If the prosecutor has | 5 | | not conferred with the victim about the continuance, the | 6 | | prosecutor shall inform the court of the attempts to | 7 | | confer. If the court finds the attempts of the prosecutor | 8 | | to confer with the victim were inadequate to protect the | 9 | | victim's right to be heard, the court shall give the | 10 | | prosecutor at least 3 but not more than 5 business days to | 11 | | confer with the victim. In ruling on a motion to continue, | 12 | | the court shall consider the reasons for the requested | 13 | | continuance, the number and length of continuances that | 14 | | have been granted, the victim's objections and procedures | 15 | | to avoid further delays. If a continuance is granted over | 16 | | the victim's objection, the court shall specify on the | 17 | | record the reasons for the continuance and the procedures | 18 | | that have been or will be taken to avoid further delays. | 19 | | (12) Right to Restitution. | 20 | | (A) If the victim has asserted the right to | 21 | | restitution and the amount of restitution is known at | 22 | | the time of sentencing, the court shall enter the | 23 | | judgment of restitution at the time of sentencing. | 24 | | (B) If the victim has asserted the right to | 25 | | restitution and the amount of restitution is not known | 26 | | at the time of sentencing, the prosecutor shall, |
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| 1 | | within 5 days after sentencing, notify the victim what | 2 | | information and documentation related to restitution | 3 | | is needed and that the information and documentation | 4 | | must be provided to the prosecutor within 45 days | 5 | | after sentencing. Failure to timely provide | 6 | | information and documentation related to restitution | 7 | | shall be deemed a waiver of the right to restitution. | 8 | | The prosecutor shall file and serve within 60 days | 9 | | after sentencing a proposed judgment for restitution | 10 | | and a notice that includes information concerning the | 11 | | identity of any victims or other persons seeking | 12 | | restitution, whether any victim or other person | 13 | | expressly declines restitution, the nature and amount | 14 | | of any damages together with any supporting | 15 | | documentation, a restitution amount recommendation, | 16 | | and the names of any co-defendants and their case | 17 | | numbers. Within 30 days after receipt of the proposed | 18 | | judgment for restitution, the defendant shall file any | 19 | | objection to the proposed judgment, a statement of | 20 | | grounds for the objection, and a financial statement. | 21 | | If the defendant does not file an objection, the court | 22 | | may enter the judgment for restitution without further | 23 | | proceedings. If the defendant files an objection and | 24 | | either party requests a hearing, the court shall | 25 | | schedule a hearing. | 26 | | (13) Access to presentence reports. |
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| 1 | | (A) The victim may request a copy of the | 2 | | presentence report prepared under the Unified Code of | 3 | | Corrections from the State's Attorney. The State's | 4 | | Attorney shall redact the following information before | 5 | | providing a copy of the report: | 6 | | (i) the defendant's mental history and | 7 | | condition; | 8 | | (ii) any evaluation prepared under subsection | 9 | | (b) or (b-5) of Section 5-3-2; and | 10 | | (iii) the name, address, phone number, and | 11 | | other personal information about any other victim. | 12 | | (B) The State's Attorney or the defendant may | 13 | | request the court redact other information in the | 14 | | report that may endanger the safety of any person. | 15 | | (C) The State's Attorney may orally disclose to | 16 | | the victim any of the information that has been | 17 | | redacted if there is a reasonable likelihood that the | 18 | | information will be stated in court at the sentencing. | 19 | | (D) The State's Attorney must advise the victim | 20 | | that the victim must maintain the confidentiality of | 21 | | the report and other information. Any dissemination of | 22 | | the report or information that was not stated at a | 23 | | court proceeding constitutes indirect criminal | 24 | | contempt of court. | 25 | | (14) Appellate relief. If the trial court denies the | 26 | | relief requested, the victim, the victim's attorney, or |
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| 1 | | the prosecuting attorney may file an appeal within 30 days | 2 | | of the trial court's ruling. The trial or appellate court | 3 | | may stay the court proceedings if the court finds that a | 4 | | stay would not violate a constitutional right of the | 5 | | defendant. If the appellate court denies the relief | 6 | | sought, the reasons for the denial shall be clearly stated | 7 | | in a written opinion. In any appeal in a criminal case, the | 8 | | State may assert as error the court's denial of any crime | 9 | | victim's right in the proceeding to which the appeal | 10 | | relates. | 11 | | (15) Limitation on appellate relief. In no case shall | 12 | | an appellate court provide a new trial to remedy the | 13 | | violation of a victim's right. | 14 | | (16) The right to be reasonably protected from the | 15 | | accused throughout the criminal justice process and the | 16 | | right to have the safety of the victim and the victim's | 17 | | family considered in denying or fixing the amount of bail, | 18 | | determining whether to release the defendant, and setting | 19 | | conditions of release after arrest and conviction. A | 20 | | victim of domestic violence, a sexual offense, or stalking | 21 | | may request the entry of a protective order under Article | 22 | | 112A of the Code of Criminal Procedure of 1963. | 23 | | (d) Procedures after the imposition of sentence. | 24 | | (1) The Prisoner Review Board shall inform a victim or | 25 | | any other
concerned citizen, upon written request, of the | 26 | | prisoner's release on parole,
mandatory supervised |
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| 1 | | release, electronic detention, work release, international | 2 | | transfer or exchange, or by the
custodian, other than the | 3 | | Department of Juvenile Justice, of the discharge of any | 4 | | individual who was adjudicated a delinquent
for a crime | 5 | | from State custody and by the sheriff of the appropriate
| 6 | | county of any such person's final discharge from county | 7 | | custody.
The Prisoner Review Board, upon written request, | 8 | | shall provide to a victim or
any other concerned citizen a | 9 | | recent photograph of any person convicted of a
felony, | 10 | | upon his or her release from custody.
The Prisoner
Review | 11 | | Board, upon written request, shall inform a victim or any | 12 | | other
concerned citizen when feasible at least 7 days | 13 | | prior to the prisoner's release
on furlough of the times | 14 | | and dates of such furlough. Upon written request by
the | 15 | | victim or any other concerned citizen, the State's | 16 | | Attorney shall notify
the person once of the times and | 17 | | dates of release of a prisoner sentenced to
periodic | 18 | | imprisonment. Notification shall be based on the most | 19 | | recent
information as to the victim's or other concerned | 20 | | citizen's residence or other
location available to the | 21 | | notifying authority.
| 22 | | (2) When the defendant has been committed to the | 23 | | Department of
Human Services pursuant to Section 5-2-4 or | 24 | | any other
provision of the Unified Code of Corrections, | 25 | | the victim may request to be
notified by the releasing | 26 | | authority of the approval by the court of an on-grounds |
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| 1 | | pass, a supervised off-grounds pass, an unsupervised | 2 | | off-grounds pass, or conditional release; the release on | 3 | | an off-grounds pass; the return from an off-grounds pass; | 4 | | transfer to another facility; conditional release; escape; | 5 | | death; or final discharge from State
custody. The | 6 | | Department of Human Services shall establish and maintain | 7 | | a statewide telephone number to be used by victims to make | 8 | | notification requests under these provisions and shall | 9 | | publicize this telephone number on its website and to the | 10 | | State's Attorney of each county.
| 11 | | (3) In the event of an escape from State custody, the | 12 | | Department of
Corrections or the Department of Juvenile | 13 | | Justice immediately shall notify the Prisoner Review Board | 14 | | of the escape
and the Prisoner Review Board shall notify | 15 | | the victim. The notification shall
be based upon the most | 16 | | recent information as to the victim's residence or other
| 17 | | location available to the Board. When no such information | 18 | | is available, the
Board shall make all reasonable efforts | 19 | | to obtain the information and make
the notification. When | 20 | | the escapee is apprehended, the Department of
Corrections | 21 | | or the Department of Juvenile Justice immediately shall | 22 | | notify the Prisoner Review Board and the Board
shall | 23 | | notify the victim.
| 24 | | (4) The victim of the crime for which the prisoner has | 25 | | been sentenced
has the right to register with the Prisoner | 26 | | Review Board's victim registry. Victims registered with |
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| 1 | | the Board shall receive reasonable written notice not less | 2 | | than 30 days prior to the
parole hearing or target | 3 | | aftercare release date. The victim has the right to submit | 4 | | a victim statement for consideration by the Prisoner | 5 | | Review Board or the Department of Juvenile Justice in | 6 | | writing, on film, videotape, or other electronic means, or | 7 | | in the form of a recording prior to the parole hearing or | 8 | | target aftercare release date, or in person at the parole | 9 | | hearing or aftercare release protest hearing, or by | 10 | | calling the toll-free number established in subsection (f) | 11 | | of this Section. The
victim shall be notified within 7 | 12 | | days after the prisoner has been granted
parole or | 13 | | aftercare release and shall be informed of the right to | 14 | | inspect the registry of parole
decisions, established | 15 | | under subsection (g) of Section 3-3-5 of the Unified
Code | 16 | | of Corrections. The provisions of this paragraph (4) are | 17 | | subject to the
Open Parole Hearings Act. Victim statements | 18 | | provided to the Board shall be confidential and | 19 | | privileged, including any statements received prior to | 20 | | January 1, 2020 (the effective date of Public Act | 21 | | 101-288), except if the statement was an oral statement | 22 | | made by the victim at a hearing open to the public.
| 23 | | (4-1) The crime victim has the right to submit a | 24 | | victim statement for consideration by the Prisoner Review | 25 | | Board or the Department of Juvenile Justice prior to or at | 26 | | a hearing to determine the conditions of mandatory |
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| 1 | | supervised release of a person sentenced to a determinate | 2 | | sentence or at a hearing on revocation of mandatory | 3 | | supervised release of a person sentenced to a determinate | 4 | | sentence. A victim statement may be submitted in writing, | 5 | | on film, videotape, or other electronic means, or in the | 6 | | form of a recording, or orally at a hearing, or by calling | 7 | | the toll-free number established in subsection (f) of this | 8 | | Section. Victim statements provided to the Board shall be | 9 | | confidential and privileged, including any statements | 10 | | received prior to January 1, 2020 (the effective date of | 11 | | Public Act 101-288), except if the statement was an oral | 12 | | statement made by the victim at a hearing open to the | 13 | | public. | 14 | | (4-2) The crime victim has the right to submit a | 15 | | victim statement to the Prisoner Review Board for | 16 | | consideration at an executive clemency hearing as provided | 17 | | in Section 3-3-13 of the Unified Code of Corrections. A | 18 | | victim statement may be submitted in writing, on film, | 19 | | videotape, or other electronic means, or in the form of a | 20 | | recording prior to a hearing, or orally at a hearing, or by | 21 | | calling the toll-free number established in subsection (f) | 22 | | of this Section. Victim statements provided to the Board | 23 | | shall be confidential and privileged, including any | 24 | | statements received prior to January 1, 2020 (the | 25 | | effective date of Public Act 101-288), except if the | 26 | | statement was an oral statement made by the victim at a |
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| 1 | | hearing open to the public. | 2 | | (5) If a statement is presented under Section 6, the | 3 | | Prisoner Review Board or Department of Juvenile Justice
| 4 | | shall inform the victim of any order of discharge pursuant
| 5 | | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | 6 | | Corrections.
| 7 | | (6) At the written or oral request of the victim of the | 8 | | crime for which the
prisoner was sentenced or the State's | 9 | | Attorney of the county where the person seeking parole or | 10 | | aftercare release was prosecuted, the Prisoner Review | 11 | | Board or Department of Juvenile Justice shall notify the | 12 | | victim and the State's Attorney of the county where the | 13 | | person seeking parole or aftercare release was prosecuted | 14 | | of
the death of the prisoner if the prisoner died while on | 15 | | parole or aftercare release or mandatory
supervised | 16 | | release.
| 17 | | (7) When a defendant who has been committed to the | 18 | | Department of
Corrections, the Department of Juvenile | 19 | | Justice, or the Department of Human Services is released | 20 | | or discharged and
subsequently committed to the Department | 21 | | of Human Services as a sexually
violent person and the | 22 | | victim had requested to be notified by the releasing
| 23 | | authority of the defendant's discharge, conditional | 24 | | release, death, or escape from State custody, the | 25 | | releasing
authority shall provide to the Department of | 26 | | Human Services such information
that would allow the |
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| 1 | | Department of Human Services to contact the victim.
| 2 | | (8) When a defendant has been convicted of a sex | 3 | | offense as defined in Section 2 of the Sex Offender | 4 | | Registration Act and has been sentenced to the Department | 5 | | of Corrections or the Department of Juvenile Justice, the | 6 | | Prisoner Review Board or the Department of Juvenile | 7 | | Justice shall notify the victim of the sex offense of the | 8 | | prisoner's eligibility for release on parole, aftercare | 9 | | release,
mandatory supervised release, electronic | 10 | | detention, work release, international transfer or | 11 | | exchange, or by the
custodian of the discharge of any | 12 | | individual who was adjudicated a delinquent
for a sex | 13 | | offense from State custody and by the sheriff of the | 14 | | appropriate
county of any such person's final discharge | 15 | | from county custody. The notification shall be made to the | 16 | | victim at least 30 days, whenever possible, before release | 17 | | of the sex offender. | 18 | | (e) The officials named in this Section may satisfy some | 19 | | or all of their
obligations to provide notices and other | 20 | | information through participation in a
statewide victim and | 21 | | witness notification system established by the Attorney
| 22 | | General under Section 8.5 of this Act.
| 23 | | (f) The Prisoner Review Board
shall establish a toll-free | 24 | | number that may be accessed by the crime victim to present a | 25 | | victim statement to the Board in accordance with paragraphs | 26 | | (4), (4-1), and (4-2) of subsection (d).
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| 1 | | (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; | 2 | | 102-22, eff. 6-25-21; 102-558, eff. 8-20-21; revised | 3 | | 12-13-21.) | 4 | | (Text of Section after amendment by P.A. 101-652 ) | 5 | | Sec. 4.5. Procedures to implement the rights of crime | 6 | | victims. To afford
crime victims their rights, law | 7 | | enforcement, prosecutors, judges, and
corrections will provide | 8 | | information, as appropriate, of the following
procedures:
| 9 | | (a) At the request of the crime victim, law enforcement | 10 | | authorities
investigating the case shall provide notice of the | 11 | | status of the investigation,
except where the State's Attorney | 12 | | determines that disclosure of such
information would | 13 | | unreasonably interfere with the investigation, until such
time | 14 | | as the alleged assailant is apprehended or the investigation | 15 | | is closed.
| 16 | | (a-5) When law enforcement authorities reopen a closed | 17 | | case to resume investigating, they shall provide notice of the | 18 | | reopening of the case, except where the State's Attorney | 19 | | determines that disclosure of such information would | 20 | | unreasonably interfere with the investigation. | 21 | | (b) The office of the State's Attorney:
| 22 | | (1) shall provide notice of the filing of an | 23 | | information, the return of an
indictment, or the
filing of | 24 | | a petition to adjudicate a minor as a delinquent for a | 25 | | violent
crime;
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| 1 | | (2) shall provide timely notice of the date, time, and | 2 | | place of court proceedings; of any change in the date, | 3 | | time, and place of court proceedings; and of any | 4 | | cancellation of court proceedings. Notice shall be | 5 | | provided in sufficient time, wherever possible, for the | 6 | | victim to
make arrangements to attend or to prevent an | 7 | | unnecessary appearance at court proceedings;
| 8 | | (3) or victim advocate personnel shall provide | 9 | | information of social
services and financial assistance | 10 | | available for victims of crime, including
information of | 11 | | how to apply for these services and assistance;
| 12 | | (3.5) or victim advocate personnel shall provide | 13 | | information about available victim services, including | 14 | | referrals to programs, counselors, and agencies that | 15 | | assist a victim to deal with trauma, loss, and grief; | 16 | | (4) shall assist in having any stolen or other | 17 | | personal property held by
law enforcement authorities for | 18 | | evidentiary or other purposes returned as
expeditiously as | 19 | | possible, pursuant to the procedures set out in Section | 20 | | 115-9
of the Code of Criminal Procedure of 1963;
| 21 | | (5) or victim advocate personnel shall provide | 22 | | appropriate employer
intercession services to ensure that | 23 | | employers of victims will cooperate with
the criminal | 24 | | justice system in order to minimize an employee's loss of | 25 | | pay and
other benefits resulting from court appearances;
| 26 | | (6) shall provide, whenever possible, a secure waiting
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| 1 | | area during court proceedings that does not require | 2 | | victims to be in close
proximity to defendants or | 3 | | juveniles accused of a violent crime, and their
families | 4 | | and friends;
| 5 | | (7) shall provide notice to the crime victim of the | 6 | | right to have a
translator present at all court | 7 | | proceedings and, in compliance with the federal Americans
| 8 | | with Disabilities Act of 1990, the right to communications | 9 | | access through a
sign language interpreter or by other | 10 | | means;
| 11 | | (8) (blank);
| 12 | | (8.5) shall inform the victim of the right to be | 13 | | present at all court proceedings, unless the victim is to | 14 | | testify and the court determines that the victim's | 15 | | testimony would be materially affected if the victim hears | 16 | | other testimony at trial; | 17 | | (9) shall inform the victim of the right to have | 18 | | present at all court
proceedings, subject to the rules of | 19 | | evidence and confidentiality, an advocate and other | 20 | | support
person of the victim's choice; | 21 | | (9.3) shall inform the victim of the right to retain | 22 | | an attorney, at the
victim's own expense, who, upon | 23 | | written notice filed with the clerk of the
court and | 24 | | State's Attorney, is to receive copies of all notices, | 25 | | motions, and
court orders filed thereafter in the case, in | 26 | | the same manner as if the victim
were a named party in the |
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| 1 | | case;
| 2 | | (9.5) shall inform the victim of (A) the victim's | 3 | | right under Section 6 of this Act to make a statement at | 4 | | the sentencing hearing; (B) the right of the victim's | 5 | | spouse, guardian, parent, grandparent, and other immediate | 6 | | family and household members under Section 6 of this Act | 7 | | to present a statement at sentencing; and (C) if a | 8 | | presentence report is to be prepared, the right of the | 9 | | victim's spouse, guardian, parent, grandparent, and other | 10 | | immediate family and household members to submit | 11 | | information to the preparer of the presentence report | 12 | | about the effect the offense has had on the victim and the | 13 | | person; | 14 | | (10) at the sentencing shall make a good faith attempt | 15 | | to explain
the minimum amount of time during which the | 16 | | 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
or Department of Juvenile Justice information | 20 | | concerning the release of the defendant;
| 21 | | (11) shall request restitution at sentencing and as | 22 | | part of a plea agreement if the victim requests | 23 | | restitution;
| 24 | | (12) shall, upon the court entering a verdict of not | 25 | | guilty by reason of insanity, inform the victim of the | 26 | | notification services available from the Department of |
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| 1 | | Human Services, including the statewide telephone number, | 2 | | under subparagraph (d)(2) of this Section;
| 3 | | (13) shall provide notice within a reasonable time | 4 | | after receipt of notice from
the custodian, of the release | 5 | | of the defendant on pretrial release or personal | 6 | | recognizance
or the release from detention of a minor who | 7 | | has been detained;
| 8 | | (14) shall explain in nontechnical language the | 9 | | details of any plea or verdict of
a defendant, or any | 10 | | adjudication of a juvenile as a delinquent;
| 11 | | (15) shall make all reasonable efforts to consult with | 12 | | the crime victim before the Office of
the State's Attorney | 13 | | makes an offer of a plea bargain to the defendant or
enters | 14 | | into negotiations with the defendant concerning a possible | 15 | | plea
agreement, and shall consider the written statement, | 16 | | if prepared
prior to entering into a plea agreement. The | 17 | | right to consult with the prosecutor does not include the | 18 | | right to veto a plea agreement or to insist the case go to | 19 | | trial. If the State's Attorney has not consulted with the | 20 | | victim prior to making an offer or entering into plea | 21 | | negotiations with the defendant, the Office of the State's | 22 | | Attorney shall notify the victim of the offer or the | 23 | | negotiations within 2 business days and confer with the | 24 | | victim;
| 25 | | (16) shall provide notice of the ultimate disposition | 26 | | of the cases arising from
an indictment or an information, |
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| 1 | | or a petition to have a juvenile adjudicated
as a | 2 | | delinquent for a violent crime;
| 3 | | (17) shall provide notice of any appeal taken by the | 4 | | defendant and information
on how to contact the | 5 | | appropriate agency handling the appeal, and how to request | 6 | | notice of any hearing, oral argument, or decision of an | 7 | | appellate court;
| 8 | | (18) shall provide timely notice of any request for | 9 | | post-conviction review filed by the
defendant under | 10 | | Article 122 of the Code of Criminal Procedure of 1963, and | 11 | | of
the date, time and place of any hearing concerning the | 12 | | petition. Whenever
possible, notice of the hearing shall | 13 | | be given within 48 hours of the court's scheduling of the | 14 | | hearing;
| 15 | | (19) shall forward a copy of any statement presented | 16 | | under Section 6 to the
Prisoner Review Board or Department | 17 | | of Juvenile Justice to be considered in making a | 18 | | determination
under Section 3-2.5-85 or subsection (b) of | 19 | | Section 3-3-8 of the Unified Code of Corrections;
| 20 | | (20) shall, within a reasonable time, offer to
meet | 21 | | with the crime victim regarding the decision of the
| 22 | | State's Attorney not to charge an offense, and shall meet
| 23 | | with the victim, if the victim agrees. The victim has a
| 24 | | right to have an attorney, advocate, and other support
| 25 | | person of the victim's choice attend this meeting with the
| 26 | | victim; and |
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| 1 | | (21) shall give the crime victim timely notice of any | 2 | | decision not to pursue charges and consider the safety of | 3 | | the victim when deciding how to give such notice. | 4 | | (c) The court shall ensure that the rights of the victim | 5 | | are afforded. | 6 | | (c-5) The following procedures shall be followed to afford | 7 | | victims the rights guaranteed by Article I, Section 8.1 of the | 8 | | Illinois Constitution: | 9 | | (1) Written notice. A victim may complete a written | 10 | | notice of intent to assert rights on a form prepared by the | 11 | | Office of the Attorney General and provided to the victim | 12 | | by the State's Attorney. The victim may at any time | 13 | | provide a revised written notice to the State's Attorney. | 14 | | The State's Attorney shall file the written notice with | 15 | | the court. At the beginning of any court proceeding in | 16 | | which the right of a victim may be at issue, the court and | 17 | | prosecutor shall review the written notice to determine | 18 | | whether the victim has asserted the right that may be at | 19 | | issue. | 20 | | (2) Victim's retained attorney. A victim's attorney | 21 | | shall file an entry of appearance limited to assertion of | 22 | | the victim's rights. Upon the filing of the entry of | 23 | | appearance and service on the State's Attorney and the | 24 | | defendant, the attorney is to receive copies of all | 25 | | notices, motions and court orders filed thereafter in the | 26 | | case. |
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| 1 | | (3) Standing. The victim has standing to assert the | 2 | | rights enumerated in subsection (a) of Article I, Section | 3 | | 8.1 of the Illinois Constitution and the statutory rights | 4 | | under Section 4 of this Act in any court exercising | 5 | | jurisdiction over the criminal case. The prosecuting | 6 | | attorney, a victim, or the victim's retained attorney may | 7 | | assert the victim's rights. The defendant in the criminal | 8 | | case has no standing to assert a right of the victim in any | 9 | | court proceeding, including on appeal. | 10 | | (4) Assertion of and enforcement of rights. | 11 | | (A) The prosecuting attorney shall assert a | 12 | | victim's right or request enforcement of a right by | 13 | | filing a motion or by orally asserting the right or | 14 | | requesting enforcement in open court in the criminal | 15 | | case outside the presence of the jury. The prosecuting | 16 | | attorney shall consult with the victim and the | 17 | | victim's attorney regarding the assertion or | 18 | | enforcement of a right. If the prosecuting attorney | 19 | | decides not to assert or enforce a victim's right, the | 20 | | prosecuting attorney shall notify the victim or the | 21 | | victim's attorney in sufficient time to allow the | 22 | | victim or the victim's attorney to assert the right or | 23 | | to seek enforcement of a right. | 24 | | (B) If the prosecuting attorney elects not to | 25 | | assert a victim's right or to seek enforcement of a | 26 | | right, the victim or the victim's attorney may assert |
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| 1 | | the victim's right or request enforcement of a right | 2 | | by filing a motion or by orally asserting the right or | 3 | | requesting enforcement in open court in the criminal | 4 | | case outside the presence of the jury. | 5 | | (C) If the prosecuting attorney asserts a victim's | 6 | | right or seeks enforcement of a right, unless the | 7 | | prosecuting attorney objects or the trial court does | 8 | | not allow it, the victim or the victim's attorney may | 9 | | be heard regarding the prosecuting attorney's motion | 10 | | or may file a simultaneous motion to assert or request | 11 | | enforcement of the victim's right. If the victim or | 12 | | the victim's attorney was not allowed to be heard at | 13 | | the hearing regarding the prosecuting attorney's | 14 | | motion, and the court denies the prosecuting | 15 | | attorney's assertion of the right or denies the | 16 | | request for enforcement of a right, the victim or | 17 | | victim's attorney may file a motion to assert the | 18 | | victim's right or to request enforcement of the right | 19 | | within 10 days of the court's ruling. The motion need | 20 | | not demonstrate the grounds for a motion for | 21 | | reconsideration. The court shall rule on the merits of | 22 | | the motion. | 23 | | (D) The court shall take up and decide any motion | 24 | | or request asserting or seeking enforcement of a | 25 | | victim's right without delay, unless a specific time | 26 | | period is specified by law or court rule. The reasons |
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| 1 | | for any decision denying the motion or request shall | 2 | | be clearly stated on the record. | 3 | | (E) No later than January 1, 2023, the Office of | 4 | | the Attorney General shall: | 5 | | (i) designate an administrative authority | 6 | | within the Office of the Attorney General to | 7 | | receive and investigate complaints relating to the | 8 | | provision or violation of the rights of a crime | 9 | | victim as described in Article I, Section 8.1 of | 10 | | the Illinois Constitution and in this Act; | 11 | | (ii) create and administer a course of | 12 | | training for employees and offices of the State of | 13 | | Illinois that fail to comply with provisions of | 14 | | Illinois law pertaining to the treatment of crime | 15 | | victims as described in Article I, Section 8.1 of | 16 | | the Illinois Constitution and in this Act as | 17 | | required by the court under Section 5 of this Act; | 18 | | and | 19 | | (iii) have the authority to make | 20 | | recommendations to employees and offices of the | 21 | | State of Illinois to respond more effectively to | 22 | | the needs of crime victims, including regarding | 23 | | the violation of the rights of a crime victim. | 24 | | (F) Crime victims' rights may also be asserted by
| 25 | | filing a complaint for mandamus, injunctive, or
| 26 | | declaratory relief in the jurisdiction in which the
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| 1 | | victim's right is being violated or where the crime is
| 2 | | being prosecuted. For complaints or motions filed by | 3 | | or on behalf of the victim, the clerk of court shall | 4 | | waive
filing fees that would otherwise be owed by the | 5 | | victim
for any court filing with the purpose of | 6 | | enforcing crime victims' rights. If the court denies | 7 | | the relief
sought by the victim, the reasons for the | 8 | | denial shall
be clearly stated on the record in the | 9 | | transcript of
the proceedings, in a written opinion, | 10 | | or in the
docket entry, and the victim may appeal the | 11 | | circuit
court's decision to the appellate court. The | 12 | | court
shall issue prompt rulings regarding victims' | 13 | | rights.
Proceedings seeking to enforce victims' rights | 14 | | shall
not be stayed or subject to unreasonable delay | 15 | | via
continuances. | 16 | | (5) Violation of rights and remedies. | 17 | | (A) If the court determines that a victim's right | 18 | | has been violated, the court shall determine the | 19 | | appropriate remedy for the violation of the victim's | 20 | | right by hearing from the victim and the parties, | 21 | | considering all factors relevant to the issue, and | 22 | | then awarding appropriate relief to the victim. | 23 | | (A-5) Consideration of an issue of a substantive | 24 | | nature or an issue that implicates the constitutional | 25 | | or statutory right of a victim at a court proceeding | 26 | | labeled as a status hearing shall constitute a per se |
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| 1 | | violation of a victim's right. | 2 | | (B) The appropriate remedy shall include only | 3 | | actions necessary to provide the victim the right to | 4 | | which the victim was entitled. Remedies may include, | 5 | | but are not limited to: injunctive relief requiring | 6 | | the victim's right to be afforded; declaratory | 7 | | judgment recognizing or clarifying the victim's | 8 | | rights; a writ of mandamus; and may include reopening | 9 | | previously held proceedings; however, in no event | 10 | | shall the court vacate a conviction. Any remedy shall | 11 | | be tailored to provide the victim an appropriate | 12 | | remedy without violating any constitutional right of | 13 | | the defendant. In no event shall the appropriate | 14 | | remedy to the victim be a new trial or damages. | 15 | | The court shall impose a mandatory training course | 16 | | provided by the Attorney General for the employee under | 17 | | item (ii) of subparagraph (E) of paragraph (4), which must | 18 | | be successfully completed within 6 months of the entry of | 19 | | the court order. | 20 | | This paragraph (5) takes effect January 2, 2023. | 21 | | (6) Right to be heard. Whenever a victim has the right | 22 | | to be heard, the court shall allow the victim to exercise | 23 | | the right in any reasonable manner the victim chooses. | 24 | | (7) Right to attend trial. A party must file a written | 25 | | motion to exclude a victim from trial at least 60 days | 26 | | prior to the date set for trial. The motion must state with |
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| 1 | | specificity the reason exclusion is necessary to protect a | 2 | | constitutional right of the party, and must contain an | 3 | | offer of proof. The court shall rule on the motion within | 4 | | 30 days. If the motion is granted, the court shall set | 5 | | forth on the record the facts that support its finding | 6 | | that the victim's testimony will be materially affected if | 7 | | the victim hears other testimony at trial. | 8 | | (8) Right to have advocate and support person present | 9 | | at court proceedings. | 10 | | (A) A party who intends to call an advocate as a | 11 | | witness at trial must seek permission of the court | 12 | | before the subpoena is issued. The party must file a | 13 | | written motion at least 90 days before trial that sets | 14 | | forth specifically the issues on which the advocate's | 15 | | testimony is sought and an offer of proof regarding | 16 | | (i) the content of the anticipated testimony of the | 17 | | advocate; and (ii) the relevance, admissibility, and | 18 | | materiality of the anticipated testimony. The court | 19 | | shall consider the motion and make findings within 30 | 20 | | days of the filing of the motion. If the court finds by | 21 | | a preponderance of the evidence that: (i) the | 22 | | anticipated testimony is not protected by an absolute | 23 | | privilege; and (ii) the anticipated testimony contains | 24 | | relevant, admissible, and material evidence that is | 25 | | not available through other witnesses or evidence, the | 26 | | court shall issue a subpoena requiring the advocate to |
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| 1 | | appear to testify at an in camera hearing. The | 2 | | prosecuting attorney and the victim shall have 15 days | 3 | | to seek appellate review before the advocate is | 4 | | required to testify at an ex parte in camera | 5 | | proceeding. | 6 | | The prosecuting attorney, the victim, and the | 7 | | advocate's attorney shall be allowed to be present at | 8 | | the ex parte in camera proceeding. If, after | 9 | | conducting the ex parte in camera hearing, the court | 10 | | determines that due process requires any testimony | 11 | | regarding confidential or privileged information or | 12 | | communications, the court shall provide to the | 13 | | prosecuting attorney, the victim, and the advocate's | 14 | | attorney a written memorandum on the substance of the | 15 | | advocate's testimony. The prosecuting attorney, the | 16 | | victim, and the advocate's attorney shall have 15 days | 17 | | to seek appellate review before a subpoena may be | 18 | | issued for the advocate to testify at trial. The | 19 | | presence of the prosecuting attorney at the ex parte | 20 | | in camera proceeding does not make the substance of | 21 | | the advocate's testimony that the court has ruled | 22 | | inadmissible subject to discovery. | 23 | | (B) If a victim has asserted the right to have a | 24 | | support person present at the court proceedings, the | 25 | | victim shall provide the name of the person the victim | 26 | | has chosen to be the victim's support person to the |
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| 1 | | prosecuting attorney, within 60 days of trial. The | 2 | | prosecuting attorney shall provide the name to the | 3 | | defendant. If the defendant intends to call the | 4 | | support person as a witness at trial, the defendant | 5 | | must seek permission of the court before a subpoena is | 6 | | issued. The defendant must file a written motion at | 7 | | least 45 days prior to trial that sets forth | 8 | | specifically the issues on which the support person | 9 | | will testify and an offer of proof regarding: (i) the | 10 | | content of the anticipated testimony of the support | 11 | | person; and (ii) the relevance, admissibility, and | 12 | | materiality of the anticipated testimony. | 13 | | If the prosecuting attorney intends to call the | 14 | | support person as a witness during the State's | 15 | | case-in-chief, the prosecuting attorney shall inform | 16 | | the court of this intent in the response to the | 17 | | defendant's written motion. The victim may choose a | 18 | | different person to be the victim's support person. | 19 | | The court may allow the defendant to inquire about | 20 | | matters outside the scope of the direct examination | 21 | | during cross-examination. If the court allows the | 22 | | defendant to do so, the support person shall be | 23 | | allowed to remain in the courtroom after the support | 24 | | person has testified. A defendant who fails to | 25 | | question the support person about matters outside the | 26 | | scope of direct examination during the State's |
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| 1 | | case-in-chief waives the right to challenge the | 2 | | presence of the support person on appeal. The court | 3 | | shall allow the support person to testify if called as | 4 | | a witness in the defendant's case-in-chief or the | 5 | | State's rebuttal. | 6 | | If the court does not allow the defendant to | 7 | | inquire about matters outside the scope of the direct | 8 | | examination, the support person shall be allowed to | 9 | | remain in the courtroom after the support person has | 10 | | been called by the defendant or the defendant has | 11 | | rested. The court shall allow the support person to | 12 | | testify in the State's rebuttal. | 13 | | If the prosecuting attorney does not intend to | 14 | | call the support person in the State's case-in-chief, | 15 | | the court shall verify with the support person whether | 16 | | the support person, if called as a witness, would | 17 | | testify as set forth in the offer of proof. If the | 18 | | court finds that the support person would testify as | 19 | | set forth in the offer of proof, the court shall rule | 20 | | on the relevance, materiality, and admissibility of | 21 | | the anticipated testimony. If the court rules the | 22 | | anticipated testimony is admissible, the court shall | 23 | | issue the subpoena. The support person may remain in | 24 | | the courtroom after the support person testifies and | 25 | | shall be allowed to testify in rebuttal. | 26 | | If the court excludes the victim's support person |
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| 1 | | during the State's case-in-chief, the victim shall be | 2 | | allowed to choose another support person to be present | 3 | | in court. | 4 | | If the victim fails to designate a support person | 5 | | within 60 days of trial and the defendant has | 6 | | subpoenaed the support person to testify at trial, the | 7 | | court may exclude the support person from the trial | 8 | | until the support person testifies. If the court | 9 | | excludes the support person the victim may choose | 10 | | another person as a support person. | 11 | | (9) Right to notice and hearing before disclosure of | 12 | | confidential or privileged information or records. | 13 | | (A) A defendant who seeks to subpoena testimony or | 14 | | records of or concerning the victim that are | 15 | | confidential or privileged by law must seek permission | 16 | | of the court before the subpoena is issued. The | 17 | | defendant must file a written motion and an offer of | 18 | | proof regarding the relevance, admissibility and | 19 | | materiality of the testimony or records. If the court | 20 | | finds by a preponderance of the evidence that: | 21 | | (i) the testimony or records are not protected | 22 | | by an absolute privilege and | 23 | | (ii) the testimony or records contain | 24 | | relevant, admissible, and material evidence that | 25 | | is not available through other witnesses or | 26 | | evidence, the court shall issue a subpoena |
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| 1 | | requiring the witness to appear in camera or a | 2 | | sealed copy of the records be delivered to the | 3 | | court to be reviewed in camera. If, after | 4 | | conducting an in camera review of the witness | 5 | | statement or records, the court determines that | 6 | | due process requires disclosure of any potential | 7 | | testimony or any portion of the records, the court | 8 | | shall provide copies of the records that it | 9 | | intends to disclose to the prosecuting attorney | 10 | | and the victim. The prosecuting attorney and the | 11 | | victim shall have 30 days to seek appellate review | 12 | | before the records are disclosed to the defendant, | 13 | | used in any court proceeding, or disclosed to | 14 | | anyone or in any way that would subject the | 15 | | testimony or records to public review. The | 16 | | disclosure of copies of any portion of the | 17 | | testimony or records to the prosecuting attorney | 18 | | under this Section does not make the records | 19 | | subject to discovery or required to be provided to | 20 | | the defendant. | 21 | | (B) A prosecuting attorney who seeks to subpoena | 22 | | information or records concerning the victim that are | 23 | | confidential or privileged by law must first request | 24 | | the written consent of the crime victim. If the victim | 25 | | does not provide such written consent, including where | 26 | | necessary the appropriate signed document required for |
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| 1 | | waiving privilege, the prosecuting attorney must serve | 2 | | the subpoena at least 21 days prior to the date a | 3 | | response or appearance is required to allow the | 4 | | subject of the subpoena time to file a motion to quash | 5 | | or request a hearing. The prosecuting attorney must | 6 | | also send a written notice to the victim at least 21 | 7 | | days prior to the response date to allow the victim to | 8 | | file a motion or request a hearing. The notice to the | 9 | | victim shall inform the victim (i) that a subpoena has | 10 | | been issued for confidential information or records | 11 | | concerning the victim, (ii) that the victim has the | 12 | | right to request a hearing prior to the response date | 13 | | of the subpoena, and (iii) how to request the hearing. | 14 | | The notice to the victim shall also include a copy of | 15 | | the subpoena. If requested, a hearing regarding the | 16 | | subpoena shall occur before information or records are | 17 | | provided to the prosecuting attorney. | 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 | 22 | | the time, place, and purpose of the court proceeding and | 23 | | that the victim had a right to be heard at the court | 24 | | proceeding. If the court determines that timely notice was | 25 | | not given or that the victim was not adequately informed | 26 | | of the nature of the court proceeding, the court shall not |
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| 1 | | rule on any substantive issues, accept a plea, or impose a | 2 | | sentence and shall continue the hearing for the time | 3 | | necessary to notify the victim of the time, place and | 4 | | nature of the court proceeding. The time between court | 5 | | proceedings shall not be attributable to the State under | 6 | | Section 103-5 of the Code 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 | 11 | | on a motion to continue trial or other court proceeding, | 12 | | the court shall inquire into the circumstances for the | 13 | | request for the delay and, if the victim has provided | 14 | | written 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 | 18 | | not 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, | 14 | | within 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 | 18 | | after sentencing. Failure to timely provide | 19 | | information and documentation related to restitution | 20 | | shall be deemed a waiver of the right to restitution. | 21 | | The prosecutor shall file and serve within 60 days | 22 | | after sentencing a proposed judgment for restitution | 23 | | and a notice that includes information concerning the | 24 | | identity of any victims or other persons seeking | 25 | | restitution, whether any victim or other person | 26 | | expressly declines restitution, the nature and amount |
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| 1 | | of any damages together with any supporting | 2 | | documentation, a restitution amount recommendation, | 3 | | and the names of any co-defendants and their case | 4 | | numbers. Within 30 days after receipt of the proposed | 5 | | judgment for restitution, the defendant shall file any | 6 | | objection to the proposed judgment, a statement of | 7 | | grounds for the objection, and a financial statement. | 8 | | If the defendant does not file an objection, the court | 9 | | may enter the judgment for restitution without further | 10 | | proceedings. If the defendant files an objection and | 11 | | either party requests a hearing, the court shall | 12 | | schedule a hearing. | 13 | | (C) If the victim of a violation of Section 11-501 | 14 | | of the Illinois Vehicle Code, or a similar provision | 15 | | of a local ordinance, that resulted in death is the | 16 | | parent of a minor child or minor children, each minor | 17 | | child of the victim has the right to restitution in an | 18 | | amount that includes costs associated with the support | 19 | | of the child until the child reaches 18 years of age; | 20 | | except that, if the child reaches 18 years of age and | 21 | | is enrolled in and attending a secondary school | 22 | | program of instruction, support shall continue, if the | 23 | | child continues to attend and progress toward | 24 | | completion of such a program, until the child | 25 | | completes the program or reaches 21 years of age, | 26 | | whichever occurs first. |
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| 1 | | (13) Access to presentence reports. | 2 | | (A) The victim may request a copy of the | 3 | | presentence report prepared under the Unified Code of | 4 | | Corrections from the State's Attorney. The State's | 5 | | Attorney shall redact the following information before | 6 | | providing a copy of the report: | 7 | | (i) the defendant's mental history and | 8 | | condition; | 9 | | (ii) any evaluation prepared under subsection | 10 | | (b) or (b-5) of Section 5-3-2; and | 11 | | (iii) the name, address, phone number, and | 12 | | other personal information about any other victim. | 13 | | (B) The State's Attorney or the defendant may | 14 | | request the court redact other information in the | 15 | | report that may endanger the safety of any person. | 16 | | (C) The State's Attorney may orally disclose to | 17 | | the victim any of the information that has been | 18 | | redacted if there is a reasonable likelihood that the | 19 | | information will be stated in court at the sentencing. | 20 | | (D) The State's Attorney must advise the victim | 21 | | that the victim must maintain the confidentiality of | 22 | | the report and other information. Any dissemination of | 23 | | the report or information that was not stated at a | 24 | | court proceeding constitutes indirect criminal | 25 | | contempt of court. | 26 | | (14) Appellate relief. If the trial court denies the |
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| 1 | | relief requested, the victim, the victim's attorney, or | 2 | | the prosecuting attorney may file an appeal within 30 days | 3 | | of the trial court's ruling. The trial or appellate court | 4 | | may stay the court proceedings if the court finds that a | 5 | | stay would not violate a constitutional right of the | 6 | | defendant. If the appellate court denies the relief | 7 | | sought, the reasons for the denial shall be clearly stated | 8 | | in a written opinion. In any appeal in a criminal case, the | 9 | | State may assert as error the court's denial of any crime | 10 | | victim's right in the proceeding to which the appeal | 11 | | relates. | 12 | | (15) Limitation on appellate relief. In no case shall | 13 | | an appellate court provide a new trial to remedy the | 14 | | violation of a victim's right. | 15 | | (16) The right to be reasonably protected from the | 16 | | accused throughout the criminal justice process and the | 17 | | right to have the safety of the victim and the victim's | 18 | | family considered in determining whether to release the | 19 | | defendant, and setting conditions of release after arrest | 20 | | and conviction. A victim of domestic violence, a sexual | 21 | | offense, or stalking may request the entry of a protective | 22 | | order under Article 112A of the Code of Criminal Procedure | 23 | | of 1963. | 24 | | (d) Procedures after the imposition of sentence. | 25 | | (1) The Prisoner Review Board shall inform a victim or | 26 | | any other
concerned citizen, upon written request, of the |
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| 1 | | prisoner's release on parole,
mandatory supervised | 2 | | release, electronic detention, work release, international | 3 | | transfer or exchange, or by the
custodian, other than the | 4 | | Department of Juvenile Justice, of the discharge of any | 5 | | individual who was adjudicated a delinquent
for a crime | 6 | | from State custody and by the sheriff of the appropriate
| 7 | | county of any such person's final discharge from county | 8 | | custody.
The Prisoner Review Board, upon written request, | 9 | | shall provide to a victim or
any other concerned citizen a | 10 | | recent photograph of any person convicted of a
felony, | 11 | | upon his or her release from custody.
The Prisoner
Review | 12 | | Board, upon written request, shall inform a victim or any | 13 | | other
concerned citizen when feasible at least 7 days | 14 | | prior to the prisoner's release
on furlough of the times | 15 | | and dates of such furlough. Upon written request by
the | 16 | | victim or any other concerned citizen, the State's | 17 | | Attorney shall notify
the person once of the times and | 18 | | dates of release of a prisoner sentenced to
periodic | 19 | | imprisonment. Notification shall be based on the most | 20 | | recent
information as to the victim's or other concerned | 21 | | citizen's residence or other
location available to the | 22 | | notifying authority.
| 23 | | (2) When the defendant has been committed to the | 24 | | Department of
Human Services pursuant to Section 5-2-4 or | 25 | | any other
provision of the Unified Code of Corrections, | 26 | | the victim may request to be
notified by the releasing |
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| 1 | | authority of the approval by the court of an on-grounds | 2 | | pass, a supervised off-grounds pass, an unsupervised | 3 | | off-grounds pass, or conditional release; the release on | 4 | | an off-grounds pass; the return from an off-grounds pass; | 5 | | transfer to another facility; conditional release; escape; | 6 | | death; or final discharge from State
custody. The | 7 | | Department of Human Services shall establish and maintain | 8 | | a statewide telephone number to be used by victims to make | 9 | | notification requests under these provisions and shall | 10 | | publicize this telephone number on its website and to the | 11 | | State's Attorney of each county.
| 12 | | (3) In the event of an escape from State custody, the | 13 | | Department of
Corrections or the Department of Juvenile | 14 | | Justice immediately shall notify the Prisoner Review Board | 15 | | of the escape
and the Prisoner Review Board shall notify | 16 | | the victim. The notification shall
be based upon the most | 17 | | recent information as to the victim's residence or other
| 18 | | location available to the Board. When no such information | 19 | | is available, the
Board shall make all reasonable efforts | 20 | | to obtain the information and make
the notification. When | 21 | | the escapee is apprehended, the Department of
Corrections | 22 | | or the Department of Juvenile Justice immediately shall | 23 | | notify the Prisoner Review Board and the Board
shall | 24 | | notify the victim.
| 25 | | (4) The victim of the crime for which the prisoner has | 26 | | been sentenced
has the right to register with the Prisoner |
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| 1 | | Review Board's victim registry. Victims registered with | 2 | | the Board shall receive reasonable written notice not less | 3 | | than 30 days prior to the
parole hearing or target | 4 | | aftercare release date. The victim has the right to submit | 5 | | a victim statement for consideration by the Prisoner | 6 | | Review Board or the Department of Juvenile Justice in | 7 | | writing, on film, videotape, or other electronic means, or | 8 | | in the form of a recording prior to the parole hearing or | 9 | | target aftercare release date, or in person at the parole | 10 | | hearing or aftercare release protest hearing, or by | 11 | | calling the toll-free number established in subsection (f) | 12 | | of this Section. The
victim shall be notified within 7 | 13 | | days after the prisoner has been granted
parole or | 14 | | aftercare release and shall be informed of the right to | 15 | | inspect the registry of parole
decisions, established | 16 | | under subsection (g) of Section 3-3-5 of the Unified
Code | 17 | | of Corrections. The provisions of this paragraph (4) are | 18 | | subject to the
Open Parole Hearings Act. Victim statements | 19 | | provided to the Board shall be confidential and | 20 | | privileged, including any statements received prior to | 21 | | January 1, 2020 (the effective date of Public Act | 22 | | 101-288), except if the statement was an oral statement | 23 | | made by the victim at a hearing open to the public.
| 24 | | (4-1) The crime victim has the right to submit a | 25 | | victim statement for consideration by the Prisoner Review | 26 | | Board or the Department of Juvenile Justice prior to or at |
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| 1 | | a hearing to determine the conditions of mandatory | 2 | | supervised release of a person sentenced to a determinate | 3 | | sentence or at a hearing on revocation of mandatory | 4 | | supervised release of a person sentenced to a determinate | 5 | | sentence. A victim statement may be submitted in writing, | 6 | | on film, videotape, or other electronic means, or in the | 7 | | form of a recording, or orally at a hearing, or by calling | 8 | | the toll-free number established in subsection (f) of this | 9 | | Section. Victim statements provided to the Board shall be | 10 | | confidential and privileged, including any statements | 11 | | received prior to January 1, 2020 (the effective date of | 12 | | Public Act 101-288), except if the statement was an oral | 13 | | statement made by the victim at a hearing open to the | 14 | | public. | 15 | | (4-2) The crime victim has the right to submit a | 16 | | victim statement to the Prisoner Review Board for | 17 | | consideration at an executive clemency hearing as provided | 18 | | in Section 3-3-13 of the Unified Code of Corrections. A | 19 | | victim statement may be submitted in writing, on film, | 20 | | videotape, or other electronic means, or in the form of a | 21 | | recording prior to a hearing, or orally at a hearing, or by | 22 | | calling the toll-free number established in subsection (f) | 23 | | of this Section. Victim statements provided to the Board | 24 | | shall be confidential and privileged, including any | 25 | | statements received prior to January 1, 2020 (the | 26 | | effective date of Public Act 101-288), except if the |
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| 1 | | statement was an oral statement made by the victim at a | 2 | | hearing open to the public. | 3 | | (5) If a statement is presented under Section 6, the | 4 | | Prisoner Review Board or Department of Juvenile Justice
| 5 | | shall inform the victim of any order of discharge pursuant
| 6 | | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | 7 | | Corrections.
| 8 | | (6) At the written or oral request of the victim of the | 9 | | crime for which the
prisoner was sentenced or the State's | 10 | | Attorney of the county where the person seeking parole or | 11 | | aftercare release was prosecuted, the Prisoner Review | 12 | | Board or Department of Juvenile Justice shall notify the | 13 | | victim and the State's Attorney of the county where the | 14 | | person seeking parole or aftercare release was prosecuted | 15 | | of
the death of the prisoner if the prisoner died while on | 16 | | parole or aftercare release or mandatory
supervised | 17 | | release.
| 18 | | (7) When a defendant who has been committed to the | 19 | | Department of
Corrections, the Department of Juvenile | 20 | | Justice, or the Department of Human Services is released | 21 | | or discharged and
subsequently committed to the Department | 22 | | of Human Services as a sexually
violent person and the | 23 | | victim had requested to be notified by the releasing
| 24 | | authority of the defendant's discharge, conditional | 25 | | release, death, or escape from State custody, the | 26 | | releasing
authority shall provide to the Department of |
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| 1 | | Human Services such information
that would allow the | 2 | | Department of Human Services to contact the victim.
| 3 | | (8) When a defendant has been convicted of a sex | 4 | | offense as defined in Section 2 of the Sex Offender | 5 | | Registration Act and has been sentenced to the Department | 6 | | of Corrections or the Department of Juvenile Justice, the | 7 | | Prisoner Review Board or the Department of Juvenile | 8 | | Justice shall notify the victim of the sex offense of the | 9 | | prisoner's eligibility for release on parole, aftercare | 10 | | release,
mandatory supervised release, electronic | 11 | | detention, work release, international transfer or | 12 | | exchange, or by the
custodian of the discharge of any | 13 | | individual who was adjudicated a delinquent
for a sex | 14 | | offense from State custody and by the sheriff of the | 15 | | appropriate
county of any such person's final discharge | 16 | | from county custody. The notification shall be made to the | 17 | | victim at least 30 days, whenever possible, before release | 18 | | of the sex offender. | 19 | | (e) The officials named in this Section may satisfy some | 20 | | or all of their
obligations to provide notices and other | 21 | | information through participation in a
statewide victim and | 22 | | witness notification system established by the Attorney
| 23 | | General under Section 8.5 of this Act.
| 24 | | (f) The Prisoner Review Board
shall establish a toll-free | 25 | | number that may be accessed by the crime victim to present a | 26 | | victim statement to the Board in accordance with paragraphs |
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| 1 | | (4), (4-1), and (4-2) of subsection (d).
| 2 | | (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; | 3 | | 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff. | 4 | | 8-20-21; revised 12-13-21.)
| 5 | | Section 10. The Unified Code of Corrections is amended by | 6 | | changing Section 5-5-6 as follows:
| 7 | | (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
| 8 | | Sec. 5-5-6. In all convictions for offenses in violation | 9 | | of the Criminal
Code of 1961 or the Criminal Code of 2012 or of | 10 | | Section 11-501 of the Illinois Vehicle Code in which the | 11 | | person received any injury to his or her person or damage
to | 12 | | his or her real or personal property as a result of the | 13 | | criminal act of the
defendant, the court shall order | 14 | | restitution as provided in this Section. In
all other cases, | 15 | | except cases in which restitution is required under this
| 16 | | Section, the court must at the sentence hearing determine | 17 | | whether restitution
is an appropriate sentence to be imposed | 18 | | on each defendant convicted of an
offense. If the court | 19 | | determines that an order directing the offender to make
| 20 | | restitution is appropriate, the offender may be sentenced to | 21 | | make restitution.
The court may consider restitution an | 22 | | appropriate sentence to be imposed on each defendant convicted | 23 | | of an offense in addition to a sentence of imprisonment. The | 24 | | sentence of the defendant to a term of imprisonment is not a |
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| 1 | | mitigating factor that prevents the court from ordering the | 2 | | defendant to pay restitution. If
the offender is sentenced to | 3 | | make restitution the Court shall determine the
restitution as | 4 | | hereinafter set forth:
| 5 | | (a) At the sentence hearing, the court shall determine | 6 | | whether the
property
may be restored in kind to the | 7 | | possession of the owner or the person entitled
to | 8 | | possession thereof; or whether the defendant is possessed | 9 | | of sufficient
skill to repair and restore property | 10 | | damaged; or whether the defendant should
be required to | 11 | | make restitution in cash, for out-of-pocket expenses, | 12 | | damages,
losses, or injuries found to have been | 13 | | proximately caused by the conduct
of the defendant or | 14 | | another for whom the defendant is legally accountable
| 15 | | under the provisions of Article 5 of the Criminal Code of | 16 | | 1961 or the Criminal Code of 2012.
| 17 | | (b) In fixing the amount of restitution to be paid in | 18 | | cash, the court
shall allow credit for property returned | 19 | | in kind, for property damages ordered
to be repaired by | 20 | | the defendant, and for property ordered to be restored
by | 21 | | the defendant; and after granting the credit, the court | 22 | | shall assess
the actual out-of-pocket expenses, losses, | 23 | | damages, and injuries suffered
by the victim named in the | 24 | | charge and any other victims who may also have
suffered | 25 | | out-of-pocket expenses, losses, damages, and injuries | 26 | | proximately
caused by the same criminal conduct of the |
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| 1 | | defendant, and insurance
carriers who have indemnified the | 2 | | named victim or other victims for the
out-of-pocket | 3 | | expenses, losses, damages, or injuries, provided that in | 4 | | no
event shall restitution be ordered to be paid on | 5 | | account of pain and
suffering. When a victim's | 6 | | out-of-pocket expenses have been paid pursuant to the | 7 | | Crime Victims Compensation Act, the court shall order | 8 | | restitution be paid to the compensation program. If a | 9 | | defendant is placed on supervision for, or convicted of,
| 10 | | domestic battery, the defendant shall be required to pay | 11 | | restitution to any
domestic violence shelter in which the | 12 | | victim and any other family or household
members lived | 13 | | because of the domestic battery. The amount of the | 14 | | restitution
shall equal the actual expenses of the | 15 | | domestic violence shelter in providing
housing and any | 16 | | other services for the victim and any other family or | 17 | | household
members living at the shelter. If a defendant | 18 | | fails to pay restitution in
the manner or within
the time | 19 | | period specified by the court, the court may enter an | 20 | | order
directing the sheriff to seize any real or personal | 21 | | property of a defendant
to the extent necessary to satisfy | 22 | | the order of restitution and dispose of
the property by | 23 | | public sale. All proceeds from such sale in excess of the
| 24 | | amount of restitution plus court costs and the costs of | 25 | | the sheriff in
conducting the sale shall be paid to the | 26 | | defendant. The defendant convicted of
domestic battery, if |
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| 1 | | a person under 18 years of age was present and witnessed | 2 | | the domestic battery of the
victim, is liable to pay | 3 | | restitution for the cost of any counseling required
for
| 4 | | the child at the discretion of the court. If the victim of | 5 | | a violation of Section 11-501 of the Illinois Vehicle | 6 | | Code, or a similar provision of a local ordinance, that | 7 | | resulted in death is the parent of a minor child or minor | 8 | | children, each minor child of the victim has the right to | 9 | | restitution in an amount that includes costs associated | 10 | | with the support of the child until the child reaches 18 | 11 | | years of age; except that, if the child reaches 18 years of | 12 | | age and is enrolled in and attending a secondary school | 13 | | program of instruction, support shall continue, if the | 14 | | child continues to attend and progress toward completion | 15 | | of such a program, until the child completes the program | 16 | | or reaches 21 years of age, whichever occurs first.
| 17 | | (c) In cases where more than one defendant is | 18 | | accountable for the same
criminal conduct that results in | 19 | | out-of-pocket expenses, losses, damages,
or injuries, each | 20 | | defendant shall be ordered to pay restitution in the | 21 | | amount
of the total actual out-of-pocket expenses, losses, | 22 | | damages, or injuries
to the victim proximately caused by | 23 | | the conduct of all of the defendants
who are legally | 24 | | accountable for the offense.
| 25 | | (1) In no event shall the victim be entitled to | 26 | | recover restitution in
excess of the actual |
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| 1 | | out-of-pocket expenses, losses, damages, or injuries,
| 2 | | proximately caused by the conduct of all of the | 3 | | defendants.
| 4 | | (2) As between the defendants, the court may | 5 | | apportion the restitution
that is payable in | 6 | | proportion to each co-defendant's culpability in the
| 7 | | commission of the offense.
| 8 | | (3) In the absence of a specific order | 9 | | apportioning the restitution,
each defendant shall | 10 | | bear his pro rata share of the restitution.
| 11 | | (4) As between the defendants, each defendant | 12 | | shall be entitled to a pro
rata reduction in the total | 13 | | restitution required to be paid to the victim
for | 14 | | amounts of restitution actually paid by co-defendants, | 15 | | and defendants
who shall have paid more than their pro | 16 | | rata share shall be entitled to
refunds to be computed | 17 | | by the court as additional amounts are
paid by | 18 | | co-defendants.
| 19 | | (d) In instances where a defendant has more than one | 20 | | criminal charge
pending
against him in a single case, or | 21 | | more than one case, and the defendant stands
convicted of | 22 | | one or more charges, a plea agreement negotiated by the | 23 | | State's
Attorney and the defendants may require the | 24 | | defendant to make restitution
to victims of charges that | 25 | | have been dismissed or which it is contemplated
will be | 26 | | dismissed under the terms of the plea agreement, and under |
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| 1 | | the
agreement, the court may impose a sentence of | 2 | | restitution on the charge
or charges of which the | 3 | | defendant has been convicted that would require
the | 4 | | defendant to make restitution to victims of other offenses | 5 | | as provided
in the plea agreement.
| 6 | | (e) The court may require the defendant to apply the | 7 | | balance of the cash
bond, after payment of court costs, | 8 | | and any fine that may be imposed to
the payment of | 9 | | restitution.
| 10 | | (f) Taking into consideration the ability of the | 11 | | defendant to pay, including any real or personal property | 12 | | or any other assets of the defendant,
the court shall | 13 | | determine whether restitution shall be paid in a single
| 14 | | payment or in installments, and shall fix a period of time | 15 | | not in excess
of 5 years, except for violations of | 16 | | Sections 16-1.3 and 17-56 of the Criminal Code of 1961 or | 17 | | the Criminal Code of 2012, or the period of time specified | 18 | | in subsection (f-1), not including periods of | 19 | | incarceration, within which payment of
restitution is to | 20 | | be paid in full.
Complete restitution shall be paid in as | 21 | | short a time period as possible.
However, if the court | 22 | | deems it necessary and in the best interest of the
victim, | 23 | | the court may extend beyond 5 years the period of time | 24 | | within which the
payment of restitution is to be paid.
If | 25 | | the defendant is ordered to pay restitution and the court | 26 | | orders that
restitution is to be paid over a period |
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| 1 | | greater than 6 months, the court
shall order that the | 2 | | defendant make monthly payments; the court may waive
this | 3 | | requirement of monthly payments only if there is a | 4 | | specific finding of
good cause for waiver.
| 5 | | (f-1)(1) In addition to any other penalty prescribed | 6 | | by law and any restitution ordered under this Section that | 7 | | did not include long-term physical health care costs, the | 8 | | court may, upon conviction of any misdemeanor or felony, | 9 | | order a defendant to pay restitution to a victim in | 10 | | accordance with the provisions of this subsection (f-1) if | 11 | | the victim has suffered physical injury as a result of the | 12 | | offense that is reasonably probable to require or has | 13 | | required long-term physical health care for more than 3 | 14 | | months. As used in this subsection (f-1), "long-term | 15 | | physical health care" includes mental health care.
| 16 | | (2) The victim's estimate of long-term physical health | 17 | | care costs may be made as part of a victim impact statement | 18 | | under Section 6 of the Rights of Crime Victims and | 19 | | Witnesses Act or made separately. The court shall enter | 20 | | the long-term physical health care restitution order at | 21 | | the time of sentencing. An order of restitution made under | 22 | | this subsection (f-1) shall fix a monthly amount to be | 23 | | paid by the defendant for as long as long-term physical | 24 | | health care of the victim is required as a result of the | 25 | | offense. The order may exceed the length of any sentence | 26 | | imposed upon the defendant for the criminal activity. The |
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| 1 | | court shall include as a special finding in the judgment | 2 | | of conviction its determination of the monthly cost of | 3 | | long-term physical health care.
| 4 | | (3) After a sentencing order has been entered, the | 5 | | court may from time to time, on the petition of either the | 6 | | defendant or the victim, or upon its own motion, enter an | 7 | | order for restitution for long-term physical care or | 8 | | modify the existing order for restitution for long-term | 9 | | physical care as to the amount of monthly payments. Any | 10 | | modification of the order shall be based only upon a | 11 | | substantial change of circumstances relating to the cost | 12 | | of long-term physical health care or the financial | 13 | | condition of either the defendant or the victim. The | 14 | | petition shall be filed as part of the original criminal | 15 | | docket.
| 16 | | (g) In addition to the sentences provided for in | 17 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 18 | | 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, | 19 | | 12-14.1, 12-15, and 12-16, and subdivision (a)(4) of | 20 | | Section 11-14.4, of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012, the court may
order any person who | 22 | | is convicted of violating any of those Sections or who was | 23 | | charged with any of those offenses and which charge was | 24 | | reduced to another charge as a result of a plea agreement | 25 | | under subsection (d) of this Section to meet
all or any | 26 | | portion of the financial obligations of treatment, |
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| 1 | | including but not
limited to medical, psychiatric, or | 2 | | rehabilitative treatment or psychological counseling,
| 3 | | prescribed for the victim or victims of the offense. If | 4 | | the victim of a violation of Section 11-501 of the | 5 | | Illinois Vehicle Code, or a similar provision of a local | 6 | | ordinance, that resulted in death is the parent of a minor | 7 | | child or minor children, the amount of restitution awarded | 8 | | may also include any portion of the financial obligations | 9 | | of treatment, including, but not limited to, medical, | 10 | | psychiatric, or rehabilitative treatment or psychological | 11 | | counseling, prescribed for the minor child or children of | 12 | | the victim.
| 13 | | The payments shall be made by the defendant to the | 14 | | clerk of the circuit
court
and transmitted by the clerk to | 15 | | the appropriate person or agency as directed by
the court. | 16 | | Except as otherwise provided in subsection (f-1), the
| 17 | | order may require such payments to be made for a period not | 18 | | to
exceed 5 years after sentencing, not including periods | 19 | | of incarceration.
| 20 | | (h) The judge may enter an order of withholding to | 21 | | collect the amount
of restitution owed in accordance with | 22 | | Part 8 of Article XII of the Code of
Civil Procedure.
| 23 | | (i) A sentence of restitution may be modified or | 24 | | revoked by the court
if the offender commits another | 25 | | offense, or the offender fails to make
restitution as | 26 | | ordered by the court, but no sentence to make restitution
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| 1 | | shall be revoked unless the court shall find that the | 2 | | offender has had the
financial ability to make | 3 | | restitution, and he has wilfully refused to do
so. When | 4 | | the offender's ability to pay restitution was established | 5 | | at the time
an order of restitution was entered or | 6 | | modified, or when the offender's ability
to pay was based | 7 | | on the offender's willingness to make restitution as part | 8 | | of a
plea agreement made at the time the order of | 9 | | restitution was entered or
modified, there is a rebuttable | 10 | | presumption that the facts and circumstances
considered by | 11 | | the court at the hearing at which the order of restitution | 12 | | was
entered or modified regarding the offender's ability | 13 | | or willingness to pay
restitution have not materially | 14 | | changed. If the court shall find that the
defendant has | 15 | | failed to make
restitution and that the failure is not | 16 | | wilful, the court may impose an
additional period of time | 17 | | within which to make restitution. The length of
the | 18 | | additional period shall not be more than 2 years. The | 19 | | court shall
retain all of the incidents of the original | 20 | | sentence, including the
authority to modify or enlarge the | 21 | | conditions, and to revoke or further
modify the sentence | 22 | | if the conditions of payment are violated during the
| 23 | | additional period.
| 24 | | (j) The procedure upon the filing of a Petition to | 25 | | Revoke a sentence to
make restitution shall be the same as | 26 | | the procedures set forth in Section
5-6-4 of this Code |
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| 1 | | governing violation, modification, or revocation of
| 2 | | Probation, of Conditional Discharge, or of Supervision.
| 3 | | (k) Nothing contained in this Section shall preclude | 4 | | the right of any
party to proceed in a civil action to | 5 | | recover for any damages incurred due
to the criminal | 6 | | misconduct of the defendant.
| 7 | | (l) Restitution ordered under this Section shall not | 8 | | be
subject to disbursement by the circuit clerk under the | 9 | | Criminal and Traffic Assessment Act.
| 10 | | (m) A restitution order under this Section is a | 11 | | judgment lien in favor
of
the victim that:
| 12 | | (1) Attaches to the property of the person subject | 13 | | to the order;
| 14 | | (2) May be perfected in the same manner as | 15 | | provided in Part 3 of Article
9 of the Uniform | 16 | | Commercial Code;
| 17 | | (3) May be enforced to satisfy any payment that is | 18 | | delinquent under the
restitution order by the person | 19 | | in whose favor the order is issued or the
person's | 20 | | assignee; and
| 21 | | (4) Expires in the same manner as a judgment lien | 22 | | created in a civil
proceeding.
| 23 | | When a restitution order is issued under this Section, | 24 | | the issuing court
shall send a certified copy of the order | 25 | | to the clerk of the circuit court
in the county where the | 26 | | charge was filed. Upon receiving the order, the
clerk |
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| 1 | | shall enter and index the order in the circuit court | 2 | | judgment docket.
| 3 | | (n) An order of restitution under this Section does | 4 | | not bar
a civil action for:
| 5 | | (1) Damages that the court did not require the | 6 | | person to pay to the
victim under the restitution | 7 | | order but arise from an injury or property
damages | 8 | | that is the basis of restitution ordered by the court; | 9 | | and
| 10 | | (2) Other damages suffered by the victim.
| 11 | | The restitution order is not discharged by the
completion | 12 | | of the sentence imposed for the offense.
| 13 | | A restitution order under this Section is not discharged | 14 | | by the
liquidation of a person's estate by a receiver. A | 15 | | restitution order under
this Section may be enforced in the | 16 | | same manner as judgment liens are
enforced under Article XII | 17 | | of the Code of Civil Procedure.
| 18 | | The provisions of Section 2-1303 of the Code of Civil | 19 | | Procedure,
providing for interest on judgments, apply to | 20 | | judgments for restitution entered
under this Section.
| 21 | | (Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
| 22 | | Section 95. No acceleration or delay. Where this Act makes | 23 | | changes in a statute that is represented in this Act by text | 24 | | that is not yet or no longer in effect (for example, a Section | 25 | | represented by multiple versions), the use of that text does |
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| 1 | | not accelerate or delay the taking effect of (i) the changes | 2 | | made by this Act or (ii) provisions derived from any other | 3 | | Public Act.".
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