Full Text of SB1175 103rd General Assembly
SB1175sam001 103RD GENERAL ASSEMBLY | Sen. John F. Curran Filed: 4/10/2024 | | 10300SB1175sam001 | | LRB103 05616 RLC 71740 a |
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| 1 | | AMENDMENT TO SENATE BILL 1175
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1175 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 | | Sec. 4.5. Procedures to implement the rights of crime | 8 | | victims. To afford crime victims their rights, law | 9 | | enforcement, prosecutors, judges, and corrections will provide | 10 | | information, as appropriate, of the following procedures: | 11 | | (a) At the request of the crime victim, law enforcement | 12 | | authorities investigating the case shall provide notice of the | 13 | | status of the investigation, except where the State's Attorney | 14 | | determines that disclosure of such information would | 15 | | unreasonably interfere with the investigation, until such time | 16 | | as the alleged assailant is apprehended or the investigation |
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| 1 | | is closed. | 2 | | (a-5) When law enforcement authorities reopen a closed | 3 | | case to resume investigating, they shall provide notice of the | 4 | | reopening of the case, except where the State's Attorney | 5 | | determines that disclosure of such information would | 6 | | unreasonably interfere with the investigation. | 7 | | (b) The office of the State's Attorney: | 8 | | (1) shall provide notice of the filing of an | 9 | | information, the return of an indictment, or the filing of | 10 | | a petition to adjudicate a minor as a delinquent for a | 11 | | violent crime; | 12 | | (2) shall provide timely notice of the date, time, and | 13 | | place of court proceedings; of any change in the date, | 14 | | time, and place of court proceedings; and of any | 15 | | cancellation of court proceedings. Notice shall be | 16 | | provided in sufficient time, wherever possible, for the | 17 | | victim to make arrangements to attend or to prevent an | 18 | | unnecessary appearance at court proceedings; | 19 | | (3) or victim advocate personnel shall provide | 20 | | information of social services and financial assistance | 21 | | available for victims of crime, including information of | 22 | | how to apply for these services and assistance; | 23 | | (3.5) or victim advocate personnel shall provide | 24 | | information about available victim services, including | 25 | | referrals to programs, counselors, and agencies that | 26 | | assist a victim to deal with trauma, loss, and grief; |
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| 1 | | (4) shall assist in having any stolen or other | 2 | | personal property held by law enforcement authorities for | 3 | | evidentiary or other purposes returned as expeditiously as | 4 | | possible, pursuant to the procedures set out in Section | 5 | | 115-9 of the Code of Criminal Procedure of 1963; | 6 | | (5) or victim advocate personnel shall provide | 7 | | appropriate employer intercession services to ensure that | 8 | | employers of victims will cooperate with the criminal | 9 | | justice system in order to minimize an employee's loss of | 10 | | pay and other benefits resulting from court appearances; | 11 | | (6) shall provide, whenever possible, a secure waiting | 12 | | area during court proceedings that does not require | 13 | | victims to be in close proximity to defendants or | 14 | | juveniles accused of a violent crime, and their families | 15 | | and friends; | 16 | | (7) shall provide notice to the crime victim of the | 17 | | right to have a translator present at all court | 18 | | proceedings and, in compliance with the federal Americans | 19 | | with Disabilities Act of 1990, the right to communications | 20 | | access through a sign language interpreter or by other | 21 | | means; | 22 | | (8) (blank); | 23 | | (8.5) shall inform the victim of the right to be | 24 | | present at all court proceedings, unless the victim is to | 25 | | testify and the court determines that the victim's | 26 | | testimony would be materially affected if the victim hears |
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| 1 | | other testimony at trial; | 2 | | (9) shall inform the victim of the right to have | 3 | | present at all court proceedings, subject to the rules of | 4 | | evidence and confidentiality, an advocate and other | 5 | | support person of the victim's choice; | 6 | | (9.3) shall inform the victim of the right to retain | 7 | | an attorney, at the victim's own expense, who, upon | 8 | | written notice filed with the clerk of the court and | 9 | | State's Attorney, is to receive copies of all notices, | 10 | | motions, and court orders filed thereafter in the case, in | 11 | | the same manner as if the victim were a named party in the | 12 | | case; | 13 | | (9.5) shall inform the victim of (A) the victim's | 14 | | right under Section 6 of this Act to make a statement at | 15 | | the sentencing hearing; (B) the right of the victim's | 16 | | spouse, guardian, parent, grandparent, and other immediate | 17 | | family and household members under Section 6 of this Act | 18 | | to present a statement at sentencing; and (C) if a | 19 | | presentence report is to be prepared, the right of the | 20 | | victim's spouse, guardian, parent, grandparent, and other | 21 | | immediate family and household members to submit | 22 | | information to the preparer of the presentence report | 23 | | about the effect the offense has had on the victim and the | 24 | | person; | 25 | | (10) at the sentencing shall make a good faith attempt | 26 | | to explain the minimum amount of time during which the |
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| 1 | | defendant may actually be physically imprisoned. The | 2 | | Office of the State's Attorney shall further notify the | 3 | | crime victim of the right to request from the Prisoner | 4 | | Review Board or Department of Juvenile Justice information | 5 | | concerning the release of the defendant; | 6 | | (11) shall request restitution at sentencing and as | 7 | | part of a plea agreement if the victim requests | 8 | | restitution; | 9 | | (12) shall, upon the court entering a verdict of not | 10 | | guilty by reason of insanity, inform the victim of the | 11 | | notification services available from the Department of | 12 | | Human Services, including the statewide telephone number, | 13 | | under subparagraph (d)(2) of this Section; | 14 | | (13) shall provide notice within a reasonable time | 15 | | after receipt of notice from the custodian, of the release | 16 | | of the defendant on pretrial release or personal | 17 | | recognizance or the release from detention of a minor who | 18 | | 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; | 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 | | (20) shall, within a reasonable time, offer to meet | 6 | | with the crime victim regarding the decision of the | 7 | | State's Attorney not to charge an offense, and shall meet | 8 | | with the victim, if the victim agrees. The victim has a | 9 | | right to have an attorney, advocate, and other support | 10 | | person of the victim's choice attend this meeting with the | 11 | | victim; and | 12 | | (21) shall give the crime victim timely notice of any | 13 | | decision not to pursue charges and consider the safety of | 14 | | the victim when deciding how to give such notice. | 15 | | (c) The court shall ensure that the rights of the victim | 16 | | are afforded. | 17 | | (c-5) The following procedures shall be followed to afford | 18 | | victims the rights guaranteed by Article I, Section 8.1 of the | 19 | | Illinois Constitution: | 20 | | (1) Written notice. A victim may complete a written | 21 | | notice of intent to assert rights on a form prepared by the | 22 | | Office of the Attorney General and provided to the victim | 23 | | by the State's Attorney. The victim may at any time | 24 | | provide a revised written notice to the State's Attorney. | 25 | | The State's Attorney shall file the written notice with | 26 | | the court. At the beginning of any court proceeding in |
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| 1 | | which the right of a victim may be at issue, the court and | 2 | | prosecutor shall review the written notice to determine | 3 | | whether the victim has asserted the right that may be at | 4 | | issue. | 5 | | (2) Victim's retained attorney. A victim's attorney | 6 | | shall file an entry of appearance limited to assertion of | 7 | | the victim's rights. Upon the filing of the entry of | 8 | | appearance and service on the State's Attorney and the | 9 | | defendant, the attorney is to receive copies of all | 10 | | notices, motions and court orders filed thereafter in the | 11 | | case. | 12 | | (3) Standing. The victim has standing to assert the | 13 | | rights enumerated in subsection (a) of Article I, Section | 14 | | 8.1 of the Illinois Constitution and the statutory rights | 15 | | under Section 4 of this Act in any court exercising | 16 | | jurisdiction over the criminal case. The prosecuting | 17 | | attorney, a victim, or the victim's retained attorney may | 18 | | assert the victim's rights. The defendant in the criminal | 19 | | case has no standing to assert a right of the victim in any | 20 | | court proceeding, including on appeal. | 21 | | (4) Assertion of and enforcement of rights. | 22 | | (A) The prosecuting attorney shall assert a | 23 | | victim's right or request enforcement of a right by | 24 | | filing a motion or by orally asserting the right or | 25 | | requesting enforcement in open court in the criminal | 26 | | case outside the presence of the jury. The prosecuting |
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| 1 | | attorney shall consult with the victim and the | 2 | | victim's attorney regarding the assertion or | 3 | | enforcement of a right. If the prosecuting attorney | 4 | | decides not to assert or enforce a victim's right, the | 5 | | prosecuting attorney shall notify the victim or the | 6 | | victim's attorney in sufficient time to allow the | 7 | | victim or the victim's attorney to assert the right or | 8 | | to seek enforcement of a right. | 9 | | (B) If the prosecuting attorney elects not to | 10 | | assert a victim's right or to seek enforcement of a | 11 | | right, the victim or the victim's attorney may assert | 12 | | the victim's right or request enforcement of a right | 13 | | by 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. | 16 | | (C) If the prosecuting attorney asserts a victim's | 17 | | right or seeks enforcement of a right, unless the | 18 | | prosecuting attorney objects or the trial court does | 19 | | not allow it, the victim or the victim's attorney may | 20 | | be heard regarding the prosecuting attorney's motion | 21 | | or may file a simultaneous motion to assert or request | 22 | | enforcement of the victim's right. If the victim or | 23 | | the victim's attorney was not allowed to be heard at | 24 | | the hearing regarding the prosecuting attorney's | 25 | | motion, and the court denies the prosecuting | 26 | | attorney's assertion of the right or denies the |
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| 1 | | request for enforcement of a right, the victim or | 2 | | victim's attorney may file a motion to assert the | 3 | | victim's right or to request enforcement of the right | 4 | | within 10 days of the court's ruling. The motion need | 5 | | not demonstrate the grounds for a motion for | 6 | | reconsideration. The court shall rule on the merits of | 7 | | the motion. | 8 | | (D) The court shall take up and decide any motion | 9 | | or request asserting or seeking enforcement of a | 10 | | victim's right without delay, unless a specific time | 11 | | period is specified by law or court rule. The reasons | 12 | | for any decision denying the motion or request shall | 13 | | be clearly stated on the record. | 14 | | (E) No later than January 1, 2023, the Office of | 15 | | the Attorney General shall: | 16 | | (i) designate an administrative authority | 17 | | within the Office of the Attorney General to | 18 | | receive and investigate complaints relating to the | 19 | | provision or violation of the rights of a crime | 20 | | victim as described in Article I, Section 8.1 of | 21 | | the Illinois Constitution and in this Act; | 22 | | (ii) create and administer a course of | 23 | | training for employees and offices of the State of | 24 | | Illinois that fail to comply with provisions of | 25 | | Illinois law pertaining to the treatment of crime | 26 | | victims as described in Article I, Section 8.1 of |
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| 1 | | the Illinois Constitution and in this Act as | 2 | | required by the court under Section 5 of this Act; | 3 | | and | 4 | | (iii) have the authority to make | 5 | | recommendations to employees and offices of the | 6 | | State of Illinois to respond more effectively to | 7 | | the needs of crime victims, including regarding | 8 | | the violation of the rights of a crime victim. | 9 | | (F) Crime victims' rights may also be asserted by | 10 | | filing a complaint for mandamus, injunctive, or | 11 | | declaratory relief in the jurisdiction in which the | 12 | | victim's right is being violated or where the crime is | 13 | | being prosecuted. For complaints or motions filed by | 14 | | or on behalf of the victim, the clerk of court shall | 15 | | waive filing fees that would otherwise be owed by the | 16 | | victim for any court filing with the purpose of | 17 | | enforcing crime victims' rights. If the court denies | 18 | | the relief sought by the victim, the reasons for the | 19 | | denial shall be clearly stated on the record in the | 20 | | transcript of the proceedings, in a written opinion, | 21 | | or in the docket entry, and the victim may appeal the | 22 | | circuit court's decision to the appellate court. The | 23 | | court shall issue prompt rulings regarding victims' | 24 | | rights. Proceedings seeking to enforce victims' rights | 25 | | shall not be stayed or subject to unreasonable delay | 26 | | via continuances. |
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| 1 | | (5) Violation of rights and remedies. | 2 | | (A) If the court determines that a victim's right | 3 | | has been violated, the court shall determine the | 4 | | appropriate remedy for the violation of the victim's | 5 | | right by hearing from the victim and the parties, | 6 | | considering all factors relevant to the issue, and | 7 | | then awarding appropriate relief to the victim. | 8 | | (A-5) Consideration of an issue of a substantive | 9 | | nature or an issue that implicates the constitutional | 10 | | or statutory right of a victim at a court proceeding | 11 | | labeled as a status hearing shall constitute a per se | 12 | | violation of a victim's right. | 13 | | (B) The appropriate remedy shall include only | 14 | | actions necessary to provide the victim the right to | 15 | | which the victim was entitled. Remedies may include, | 16 | | but are not limited to: injunctive relief requiring | 17 | | the victim's right to be afforded; declaratory | 18 | | judgment recognizing or clarifying the victim's | 19 | | rights; a writ of mandamus; and may include reopening | 20 | | previously held proceedings; however, in no event | 21 | | shall the court vacate a conviction. Any remedy shall | 22 | | be tailored to provide the victim an appropriate | 23 | | remedy without violating any constitutional right of | 24 | | the defendant. In no event shall the appropriate | 25 | | remedy to the victim be a new trial or damages. | 26 | | The court shall impose a mandatory training course |
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| 1 | | provided by the Attorney General for the employee under | 2 | | item (ii) of subparagraph (E) of paragraph (4), which must | 3 | | be successfully completed within 6 months of the entry of | 4 | | the court order. | 5 | | This paragraph (5) takes effect January 2, 2023. | 6 | | (6) Right to be heard. Whenever a victim has the right | 7 | | to be heard, the court shall allow the victim to exercise | 8 | | the right in any reasonable manner the victim chooses. | 9 | | (7) Right to attend trial. A party must file a written | 10 | | motion to exclude a victim from trial at least 60 days | 11 | | prior to the date set for trial. The motion must state with | 12 | | specificity the reason exclusion is necessary to protect a | 13 | | constitutional right of the party, and must contain an | 14 | | offer of proof. The court shall rule on the motion within | 15 | | 30 days. If the motion is granted, the court shall set | 16 | | forth on the record the facts that support its finding | 17 | | that the victim's testimony will be materially affected if | 18 | | the victim hears other testimony at trial. | 19 | | (8) Right to have advocate and support person present | 20 | | at court proceedings. | 21 | | (A) A party who intends to call an advocate as a | 22 | | witness at trial must seek permission of the court | 23 | | before the subpoena is issued. The party must file a | 24 | | written motion at least 90 days before trial that sets | 25 | | forth specifically the issues on which the advocate's | 26 | | testimony is sought and an offer of proof regarding |
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| 1 | | (i) the content of the anticipated testimony of the | 2 | | advocate; and (ii) the relevance, admissibility, and | 3 | | materiality of the anticipated testimony. The court | 4 | | shall consider the motion and make findings within 30 | 5 | | days of the filing of the motion. If the court finds by | 6 | | a preponderance of the evidence that: (i) the | 7 | | anticipated testimony is not protected by an absolute | 8 | | privilege; and (ii) the anticipated testimony contains | 9 | | relevant, admissible, and material evidence that is | 10 | | not available through other witnesses or evidence, the | 11 | | court shall issue a subpoena requiring the advocate to | 12 | | appear to testify at an in camera hearing. The | 13 | | prosecuting attorney and the victim shall have 15 days | 14 | | to seek appellate review before the advocate is | 15 | | required to testify at an ex parte in camera | 16 | | proceeding. | 17 | | The prosecuting attorney, the victim, and the | 18 | | advocate's attorney shall be allowed to be present at | 19 | | the ex parte in camera proceeding. If, after | 20 | | conducting the ex parte in camera hearing, the court | 21 | | determines that due process requires any testimony | 22 | | regarding confidential or privileged information or | 23 | | communications, the court shall provide to the | 24 | | prosecuting attorney, the victim, and the advocate's | 25 | | attorney a written memorandum on the substance of the | 26 | | advocate's testimony. The prosecuting attorney, the |
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| 1 | | victim, and the advocate's attorney shall have 15 days | 2 | | to seek appellate review before a subpoena may be | 3 | | issued for the advocate to testify at trial. The | 4 | | presence of the prosecuting attorney at the ex parte | 5 | | in camera proceeding does not make the substance of | 6 | | the advocate's testimony that the court has ruled | 7 | | inadmissible subject to discovery. | 8 | | (B) If a victim has asserted the right to have a | 9 | | support person present at the court proceedings, the | 10 | | victim shall provide the name of the person the victim | 11 | | has chosen to be the victim's support person to the | 12 | | prosecuting attorney, within 60 days of trial. The | 13 | | prosecuting attorney shall provide the name to the | 14 | | defendant. If the defendant intends to call the | 15 | | support person as a witness at trial, the defendant | 16 | | must seek permission of the court before a subpoena is | 17 | | issued. The defendant must file a written motion at | 18 | | least 45 days prior to trial that sets forth | 19 | | specifically the issues on which the support person | 20 | | will testify and an offer of proof regarding: (i) the | 21 | | content of the anticipated testimony of the support | 22 | | person; and (ii) the relevance, admissibility, and | 23 | | materiality of the anticipated testimony. | 24 | | If the prosecuting attorney intends to call the | 25 | | support person as a witness during the State's | 26 | | case-in-chief, the prosecuting attorney shall inform |
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| 1 | | the court of this intent in the response to the | 2 | | defendant's written motion. The victim may choose a | 3 | | different person to be the victim's support person. | 4 | | The court may allow the defendant to inquire about | 5 | | matters outside the scope of the direct examination | 6 | | during cross-examination. If the court allows the | 7 | | defendant to do so, the support person shall be | 8 | | allowed to remain in the courtroom after the support | 9 | | person has testified. A defendant who fails to | 10 | | question the support person about matters outside the | 11 | | scope of direct examination during the State's | 12 | | case-in-chief waives the right to challenge the | 13 | | presence of the support person on appeal. The court | 14 | | shall allow the support person to testify if called as | 15 | | a witness in the defendant's case-in-chief or the | 16 | | State's rebuttal. | 17 | | If the court does not allow the defendant to | 18 | | inquire about matters outside the scope of the direct | 19 | | examination, the support person shall be allowed to | 20 | | remain in the courtroom after the support person has | 21 | | been called by the defendant or the defendant has | 22 | | rested. The court shall allow the support person to | 23 | | testify in the State's rebuttal. | 24 | | If the prosecuting attorney does not intend to | 25 | | call the support person in the State's case-in-chief, | 26 | | the court shall verify with the support person whether |
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| 1 | | the support person, if called as a witness, would | 2 | | testify as set forth in the offer of proof. If the | 3 | | court finds that the support person would testify as | 4 | | set forth in the offer of proof, the court shall rule | 5 | | on the relevance, materiality, and admissibility of | 6 | | the anticipated testimony. If the court rules the | 7 | | anticipated testimony is admissible, the court shall | 8 | | issue the subpoena. The support person may remain in | 9 | | the courtroom after the support person testifies and | 10 | | shall be allowed to testify in rebuttal. | 11 | | If the court excludes the victim's support person | 12 | | during the State's case-in-chief, the victim shall be | 13 | | allowed to choose another support person to be present | 14 | | in court. | 15 | | If the victim fails to designate a support person | 16 | | within 60 days of trial and the defendant has | 17 | | subpoenaed the support person to testify at trial, the | 18 | | court may exclude the support person from the trial | 19 | | until the support person testifies. If the court | 20 | | excludes the support person the victim may choose | 21 | | another person as a support person. | 22 | | (9) Right to notice and hearing before disclosure of | 23 | | confidential or privileged information or records. | 24 | | (A) A defendant who seeks to subpoena testimony or | 25 | | records of or concerning the victim that are | 26 | | confidential or privileged by law must seek permission |
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| 1 | | of the court before the subpoena is issued. The | 2 | | defendant must file a written motion and an offer of | 3 | | proof regarding the relevance, admissibility and | 4 | | materiality of the testimony or records. If the court | 5 | | finds by a preponderance of the evidence that: | 6 | | (i) the testimony or records are not protected | 7 | | by an absolute privilege and | 8 | | (ii) the testimony or records contain | 9 | | relevant, admissible, and material evidence that | 10 | | is not available through other witnesses or | 11 | | evidence, the court shall issue a subpoena | 12 | | requiring the witness to appear in camera or a | 13 | | sealed copy of the records be delivered to the | 14 | | court to be reviewed in camera. If, after | 15 | | conducting an in camera review of the witness | 16 | | statement or records, the court determines that | 17 | | due process requires disclosure of any potential | 18 | | testimony or any portion of the records, the court | 19 | | shall provide copies of the records that it | 20 | | intends to disclose to the prosecuting attorney | 21 | | and the victim. The prosecuting attorney and the | 22 | | victim shall have 30 days to seek appellate review | 23 | | before the records are disclosed to the defendant, | 24 | | used in any court proceeding, or disclosed to | 25 | | anyone or in any way that would subject the | 26 | | testimony or records to public review. The |
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| 1 | | disclosure of copies of any portion of the | 2 | | testimony or records to the prosecuting attorney | 3 | | under this Section does not make the records | 4 | | subject to discovery or required to be provided to | 5 | | the defendant. | 6 | | (B) A prosecuting attorney who seeks to subpoena | 7 | | information or records concerning the victim that are | 8 | | confidential or privileged by law must first request | 9 | | the written consent of the crime victim. If the victim | 10 | | does not provide such written consent, including where | 11 | | necessary the appropriate signed document required for | 12 | | waiving privilege, the prosecuting attorney must serve | 13 | | the subpoena at least 21 days prior to the date a | 14 | | response or appearance is required to allow the | 15 | | subject of the subpoena time to file a motion to quash | 16 | | or request a hearing. The prosecuting attorney must | 17 | | also send a written notice to the victim at least 21 | 18 | | days prior to the response date to allow the victim to | 19 | | file a motion or request a hearing. The notice to the | 20 | | victim shall inform the victim (i) that a subpoena has | 21 | | been issued for confidential information or records | 22 | | concerning the victim, (ii) that the victim has the | 23 | | right to request a hearing prior to the response date | 24 | | of the subpoena, and (iii) how to request the hearing. | 25 | | The notice to the victim shall also include a copy of | 26 | | the subpoena. If requested, a hearing regarding the |
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| 1 | | subpoena shall occur before information or records are | 2 | | provided to the prosecuting attorney. | 3 | | (10) Right to notice of court proceedings. If the | 4 | | victim is not present at a court proceeding in which a | 5 | | right of the victim is at issue, the court shall ask the | 6 | | prosecuting attorney whether the victim was notified of | 7 | | the time, place, and purpose of the court proceeding and | 8 | | that the victim had a right to be heard at the court | 9 | | proceeding. If the court determines that timely notice was | 10 | | not given or that the victim was not adequately informed | 11 | | of the nature of the court proceeding, the court shall not | 12 | | rule on any substantive issues, accept a plea, or impose a | 13 | | sentence and shall continue the hearing for the time | 14 | | necessary to notify the victim of the time, place and | 15 | | nature of the court proceeding. The time between court | 16 | | proceedings shall not be attributable to the State under | 17 | | Section 103-5 of the Code of Criminal Procedure of 1963. | 18 | | (11) Right to timely disposition of the case. A victim | 19 | | has the right to timely disposition of the case so as to | 20 | | minimize the stress, cost, and inconvenience resulting | 21 | | from the victim's involvement in the case. Before ruling | 22 | | on a motion to continue trial or other court proceeding, | 23 | | the court shall inquire into the circumstances for the | 24 | | request for the delay and, if the victim has provided | 25 | | written notice of the assertion of the right to a timely | 26 | | disposition, and whether the victim objects to the delay. |
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| 1 | | If the victim objects, the prosecutor shall inform the | 2 | | court of the victim's objections. If the prosecutor has | 3 | | not conferred with the victim about the continuance, the | 4 | | prosecutor shall inform the court of the attempts to | 5 | | confer. If the court finds the attempts of the prosecutor | 6 | | to confer with the victim were inadequate to protect the | 7 | | victim's right to be heard, the court shall give the | 8 | | prosecutor at least 3 but not more than 5 business days to | 9 | | confer with the victim. In ruling on a motion to continue, | 10 | | the court shall consider the reasons for the requested | 11 | | continuance, the number and length of continuances that | 12 | | have been granted, the victim's objections and procedures | 13 | | to avoid further delays. If a continuance is granted over | 14 | | the victim's objection, the court shall specify on the | 15 | | record the reasons for the continuance and the procedures | 16 | | that have been or will be taken to avoid further delays. | 17 | | (12) Right to Restitution. | 18 | | (A) If the victim has asserted the right to | 19 | | restitution and the amount of restitution is known at | 20 | | the time of sentencing, the court shall enter the | 21 | | judgment of restitution at the time of sentencing. | 22 | | (B) If the victim has asserted the right to | 23 | | restitution and the amount of restitution is not known | 24 | | at the time of sentencing, the prosecutor shall, | 25 | | within 5 days after sentencing, notify the victim what | 26 | | information and documentation related to restitution |
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| 1 | | is needed and that the information and documentation | 2 | | must be provided to the prosecutor within 45 days | 3 | | after sentencing. Failure to timely provide | 4 | | information and documentation related to restitution | 5 | | shall be deemed a waiver of the right to restitution. | 6 | | The prosecutor shall file and serve within 60 days | 7 | | after sentencing a proposed judgment for restitution | 8 | | and a notice that includes information concerning the | 9 | | identity of any victims or other persons seeking | 10 | | restitution, whether any victim or other person | 11 | | expressly declines restitution, the nature and amount | 12 | | of any damages together with any supporting | 13 | | documentation, a restitution amount recommendation, | 14 | | and the names of any co-defendants and their case | 15 | | numbers. Within 30 days after receipt of the proposed | 16 | | judgment for restitution, the defendant shall file any | 17 | | objection to the proposed judgment, a statement of | 18 | | grounds for the objection, and a financial statement. | 19 | | If the defendant does not file an objection, the court | 20 | | may enter the judgment for restitution without further | 21 | | proceedings. If the defendant files an objection and | 22 | | either party requests a hearing, the court shall | 23 | | schedule a hearing. | 24 | | (13) Access to presentence reports. | 25 | | (A) The victim may request a copy of the | 26 | | presentence report prepared under the Unified Code of |
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| 1 | | Corrections from the State's Attorney. The State's | 2 | | Attorney shall redact the following information before | 3 | | providing a copy of the report: | 4 | | (i) the defendant's mental history and | 5 | | condition; | 6 | | (ii) any evaluation prepared under subsection | 7 | | (b) or (b-5) of Section 5-3-2; and | 8 | | (iii) the name, address, phone number, and | 9 | | other personal information about any other victim. | 10 | | (B) The State's Attorney or the defendant may | 11 | | request the court redact other information in the | 12 | | report that may endanger the safety of any person. | 13 | | (C) The State's Attorney may orally disclose to | 14 | | the victim any of the information that has been | 15 | | redacted if there is a reasonable likelihood that the | 16 | | information will be stated in court at the sentencing. | 17 | | (D) The State's Attorney must advise the victim | 18 | | that the victim must maintain the confidentiality of | 19 | | the report and other information. Any dissemination of | 20 | | the report or information that was not stated at a | 21 | | court proceeding constitutes indirect criminal | 22 | | contempt of court. | 23 | | (14) Appellate relief. If the trial court denies the | 24 | | relief requested, the victim, the victim's attorney, or | 25 | | the prosecuting attorney may file an appeal within 30 days | 26 | | of the trial court's ruling. The trial or appellate court |
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| 1 | | may stay the court proceedings if the court finds that a | 2 | | stay would not violate a constitutional right of the | 3 | | defendant. If the appellate court denies the relief | 4 | | sought, the reasons for the denial shall be clearly stated | 5 | | in a written opinion. In any appeal in a criminal case, the | 6 | | State may assert as error the court's denial of any crime | 7 | | victim's right in the proceeding to which the appeal | 8 | | relates. | 9 | | (15) Limitation on appellate relief. In no case shall | 10 | | an appellate court provide a new trial to remedy the | 11 | | violation of a victim's right. | 12 | | (16) The right to be reasonably protected from the | 13 | | accused throughout the criminal justice process and the | 14 | | right to have the safety of the victim and the victim's | 15 | | family considered in determining whether to release the | 16 | | defendant, and setting conditions of release after arrest | 17 | | and conviction. A victim of domestic violence, a sexual | 18 | | offense, or stalking may request the entry of a protective | 19 | | order under Article 112A of the Code of Criminal Procedure | 20 | | of 1963. | 21 | | (d) Procedures after the imposition of sentence. | 22 | | (1) The Prisoner Review Board shall inform a victim or | 23 | | any other concerned citizen, upon written request, of the | 24 | | prisoner's release on parole, mandatory supervised | 25 | | release, electronic detention, work release, international | 26 | | transfer or exchange, or by the custodian, other than the |
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| 1 | | Department of Juvenile Justice, of the discharge of any | 2 | | individual who was adjudicated a delinquent for a crime | 3 | | from State custody and by the sheriff of the appropriate | 4 | | county of any such person's final discharge from county | 5 | | custody. The Prisoner Review Board, upon written request, | 6 | | shall provide to a victim or any other concerned citizen a | 7 | | recent photograph of any person convicted of a felony, | 8 | | upon his or her release from custody. The Prisoner Review | 9 | | Board, upon written request, shall inform a victim or any | 10 | | other concerned citizen when feasible at least 7 days | 11 | | prior to the prisoner's release on furlough of the times | 12 | | and dates of such furlough. Upon written request by the | 13 | | victim or any other concerned citizen, the State's | 14 | | Attorney shall notify the person once of the times and | 15 | | dates of release of a prisoner sentenced to periodic | 16 | | imprisonment. Notification shall be based on the most | 17 | | recent information as to the victim's or other concerned | 18 | | citizen's residence or other location available to the | 19 | | notifying authority. | 20 | | (1.5) The Prisoner Review Board shall immediately | 21 | | inform a victim of the early release of the prisoner from | 22 | | State custody or of the prisoner's pardon, commutation, | 23 | | furlough, or granting of sentence credit, if the victim | 24 | | has previously requested notification of that information. | 25 | | The notification shall be based upon the most recent | 26 | | information as to the victim's residence or other location |
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| 1 | | available to the Board. When no such information is | 2 | | available, the Board shall make all reasonable efforts to | 3 | | obtain the information and make the notification. This | 4 | | notification requirement is in addition to any | 5 | | notification requirements pursuant to any other statewide | 6 | | victim notification systems. The Board must document | 7 | | notification efforts if that victim alleges lack of | 8 | | notification under this paragraph (1.5). | 9 | | (1.6) The Prisoner Review Board shall immediately | 10 | | inform a victim of any hearing under Section 3-3-9 | 11 | | involving the defendant's alleged violation of the | 12 | | conditions of the prisoner's parole or mandatory | 13 | | supervised release. | 14 | | (2) When the defendant has been committed to the | 15 | | Department of Human Services pursuant to Section 5-2-4 of | 16 | | the Unified Code of Corrections or transferred to the | 17 | | Department of Human Services under Section 3-8-5 and has | 18 | | not been returned to the Department of Corrections under | 19 | | Section 3-8-6 or any other provision of the Unified Code | 20 | | of Corrections, the victim may request to be notified by | 21 | | the releasing authority of the approval by the court of an | 22 | | on-grounds pass, a supervised off-grounds pass, an | 23 | | unsupervised off-grounds pass, or conditional release; the | 24 | | release on an off-grounds pass; the return from an | 25 | | off-grounds pass; transfer to another facility; | 26 | | conditional release; escape; death; or final discharge |
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| 1 | | from State custody. The Department of Human Services shall | 2 | | establish and maintain a statewide telephone number to be | 3 | | used by victims to make notification requests under these | 4 | | provisions and shall publicize this telephone number on | 5 | | its website and to the State's Attorney of each county. | 6 | | (2.5) When the defendant has been found guilty but | 7 | | mentally ill pursuant to Section 5-2-6 of the Unified Code | 8 | | of Corrections and is granted early release, pardon, | 9 | | commutation, or furlough, the Prisoner Review Board | 10 | | immediately shall notify the victim, if the victim has | 11 | | previously requested notification of that information. The | 12 | | notification shall be based upon the most recent | 13 | | information as to the victim's residence or other location | 14 | | available to the Board. When no such information is | 15 | | available, the Board shall make all reasonable efforts to | 16 | | obtain the information and make the notification. This | 17 | | notification requirement is in addition to any | 18 | | notification requirements pursuant to any other statewide | 19 | | victim notification systems. The Board must document | 20 | | notification efforts if the victim alleges lack of | 21 | | notification under this paragraph (2.5). | 22 | | (3) In the event of an escape from State custody, the | 23 | | Department of Corrections or the Department of Juvenile | 24 | | Justice immediately shall notify the Prisoner Review Board | 25 | | of the escape and the Prisoner Review Board shall notify | 26 | | the victim. The notification shall be based upon the most |
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| 1 | | recent information as to the victim's residence or other | 2 | | location available to the Board. When no such information | 3 | | is available, the Board shall make all reasonable efforts | 4 | | to obtain the information and make the notification. When | 5 | | the escapee is apprehended, the Department of Corrections | 6 | | or the Department of Juvenile Justice immediately shall | 7 | | notify the Prisoner Review Board and the Board shall | 8 | | notify the victim. This notification requirement is in | 9 | | addition to any notification requirements pursuant to any | 10 | | other statewide victim notification systems. The Board | 11 | | must document notification efforts if that victim alleges | 12 | | lack of notification under this paragraph (3). | 13 | | (4) The victim of the crime for which the prisoner has | 14 | | been sentenced has the right to register with the Prisoner | 15 | | Review Board's victim registry. Victims registered with | 16 | | the Board shall receive reasonable written notice not less | 17 | | than 30 days prior to the parole hearing or target | 18 | | aftercare release date. The victim has the right to submit | 19 | | a victim statement for consideration by the Prisoner | 20 | | Review Board or the Department of Juvenile Justice in | 21 | | writing, on film, videotape, or other electronic means, or | 22 | | in the form of a recording prior to the parole hearing or | 23 | | target aftercare release date, or in person at the parole | 24 | | hearing or aftercare release protest hearing, or by | 25 | | calling the toll-free number established in subsection (f) | 26 | | of this Section. The victim shall be notified within 7 |
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| 1 | | days after the prisoner has been granted parole or | 2 | | aftercare release and shall be informed of the right to | 3 | | inspect the registry of parole decisions, established | 4 | | under subsection (g) of Section 3-3-5 of the Unified Code | 5 | | of Corrections. The provisions of this paragraph (4) are | 6 | | subject to the Open Parole Hearings Act. Victim statements | 7 | | provided to the Board shall be confidential and | 8 | | privileged, including any statements received prior to | 9 | | January 1, 2020 (the effective date of Public Act | 10 | | 101-288), except if the statement was an oral statement | 11 | | made by the victim at a hearing open to the public. | 12 | | (4-1) The crime victim has the right to submit a | 13 | | victim statement for consideration by the Prisoner Review | 14 | | Board or the Department of Juvenile Justice prior to or at | 15 | | a hearing to determine the conditions of mandatory | 16 | | supervised release of a person sentenced to a determinate | 17 | | sentence or at a hearing on revocation of mandatory | 18 | | supervised release of a person sentenced to a determinate | 19 | | sentence. A victim statement may be submitted in writing, | 20 | | on film, videotape, or other electronic means, or in the | 21 | | form of a recording, or orally at a hearing, or by calling | 22 | | the toll-free number established in subsection (f) of this | 23 | | Section. Victim statements provided to the Board shall be | 24 | | confidential and privileged, including any statements | 25 | | received prior to January 1, 2020 (the effective date of | 26 | | Public Act 101-288), except if the statement was an oral |
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| 1 | | statement made by the victim at a hearing open to the | 2 | | public. | 3 | | (4-2) The crime victim has the right to submit a | 4 | | victim statement to the Prisoner Review Board for | 5 | | consideration at an executive clemency hearing as provided | 6 | | in Section 3-3-13 of the Unified Code of Corrections. A | 7 | | victim statement may be submitted in writing, on film, | 8 | | videotape, or other electronic means, or in the form of a | 9 | | recording prior to a hearing, or orally at a hearing, or by | 10 | | calling the toll-free number established in subsection (f) | 11 | | of this Section. Victim statements provided to the Board | 12 | | shall be confidential and privileged, including any | 13 | | statements received prior to January 1, 2020 (the | 14 | | effective date of Public Act 101-288), except if the | 15 | | statement was an oral statement made by the victim at a | 16 | | hearing open to the public. | 17 | | (5) If a statement is presented under Section 6, the | 18 | | Prisoner Review Board or Department of Juvenile Justice | 19 | | shall inform the victim of any order of discharge pursuant | 20 | | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | 21 | | Corrections. | 22 | | (6) At the written or oral request of the victim of the | 23 | | crime for which the prisoner was sentenced or the State's | 24 | | Attorney of the county where the person seeking parole or | 25 | | aftercare release was prosecuted, the Prisoner Review | 26 | | Board or Department of Juvenile Justice shall notify the |
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| 1 | | victim and the State's Attorney of the county where the | 2 | | person seeking parole or aftercare release was prosecuted | 3 | | of the death of the prisoner if the prisoner died while on | 4 | | parole or aftercare release or mandatory supervised | 5 | | release. | 6 | | (7) When a defendant who has been committed to the | 7 | | Department of Corrections, the Department of Juvenile | 8 | | Justice, or the Department of Human Services is released | 9 | | or discharged and subsequently committed to the Department | 10 | | of Human Services as a sexually violent person and the | 11 | | victim had requested to be notified by the releasing | 12 | | authority of the defendant's discharge, conditional | 13 | | release, death, or escape from State custody, the | 14 | | releasing authority shall provide to the Department of | 15 | | Human Services such information that would allow the | 16 | | Department of Human Services to contact the victim. | 17 | | (8) When a defendant has been convicted of a sex | 18 | | offense as defined in Section 2 of the Sex Offender | 19 | | Registration Act and has been sentenced to the Department | 20 | | of Corrections or the Department of Juvenile Justice, the | 21 | | Prisoner Review Board or the Department of Juvenile | 22 | | Justice shall notify the victim of the sex offense of the | 23 | | prisoner's eligibility for release on parole, aftercare | 24 | | release, mandatory supervised release, electronic | 25 | | detention, work release, international transfer or | 26 | | exchange, or by the custodian of the discharge of any |
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| 1 | | individual who was adjudicated a delinquent for a sex | 2 | | offense from State custody and by the sheriff of the | 3 | | appropriate county of any such person's final discharge | 4 | | from county custody. The notification shall be made to the | 5 | | victim at least 30 days, whenever possible, before release | 6 | | of the sex offender. | 7 | | (e) The officials named in this Section may satisfy some | 8 | | or all of their obligations to provide notices and other | 9 | | information through participation in a statewide victim and | 10 | | witness notification system established by the Attorney | 11 | | General under Section 8.5 of this Act. | 12 | | (f) The Prisoner Review Board shall establish a toll-free | 13 | | number that may be accessed by the crime victim to present a | 14 | | victim statement to the Board in accordance with paragraphs | 15 | | (4), (4-1), and (4-2) of subsection (d). | 16 | | (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; | 17 | | 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff. | 18 | | 8-20-21; 102-813, eff. 5-13-22 .) | 19 | | Section 10. The Unified Code of Corrections is amended by | 20 | | changing Sections 3-3-1 and 3-3-9 as follows: | 21 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1) | 22 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 23 | | Review Board. | 24 | | (a) There shall be a Prisoner Review Board independent of |
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| 1 | | the Department which shall be: | 2 | | (1) the paroling authority for persons sentenced under | 3 | | the law in effect prior to the effective date of this | 4 | | amendatory Act of 1977; | 5 | | (1.2) the paroling authority for persons eligible for | 6 | | parole review under Section 5-4.5-115; | 7 | | (1.5) (blank); | 8 | | (2) the board of review for cases involving the | 9 | | revocation of sentence credits or a suspension or | 10 | | reduction in the rate of accumulating the credit; | 11 | | (3) the board of review and recommendation for the | 12 | | exercise of executive clemency by the Governor; | 13 | | (4) the authority for establishing release dates for | 14 | | certain prisoners sentenced under the law in existence | 15 | | prior to the effective date of this amendatory Act of | 16 | | 1977, in accordance with Section 3-3-2.1 of this Code; | 17 | | (5) the authority for setting conditions for parole | 18 | | and mandatory supervised release under Section 5-8-1(a) of | 19 | | this Code, and determining whether a violation of those | 20 | | conditions warrant revocation of parole or mandatory | 21 | | supervised release or the imposition of other sanctions; | 22 | | (6) the authority for determining whether a violation | 23 | | of aftercare release conditions warrant revocation of | 24 | | aftercare release; and | 25 | | (7) the authority to release medically infirm or | 26 | | disabled prisoners under Section 3-3-14. |
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| 1 | | (b) The Board shall consist of 15 persons appointed by the | 2 | | Governor by and with the advice and consent of the Senate. One | 3 | | member of the Board shall be designated by the Governor to be | 4 | | Chairman and shall serve as Chairman at the pleasure of the | 5 | | Governor. The members of the Board shall have had at least 5 | 6 | | years of actual experience in the fields of penology, | 7 | | corrections work, law enforcement, sociology, law, education, | 8 | | social work, medicine, psychology, other behavioral sciences, | 9 | | or a combination thereof. At least 6 members so appointed must | 10 | | have at least 6 3 years experience in the field of juvenile | 11 | | matters. Each member of the Board shall have had at least 20 | 12 | | years experience in the criminal justice system as either a | 13 | | prosecutor, a criminal defense attorney, a judge, a probation | 14 | | officer, or a public defender or a combination thereof. No | 15 | | more than 8 Board members may be members of the same political | 16 | | party. | 17 | | Each member of the Board shall serve on a full-time basis | 18 | | and shall not hold any other salaried public office, whether | 19 | | elective or appointive, nor any other office or position of | 20 | | profit, nor engage in any other business, employment, or | 21 | | vocation. The Chairman of the Board shall receive $35,000 a | 22 | | year, or an amount set by the Compensation Review Board, | 23 | | whichever is greater, and each other member $30,000, or an | 24 | | amount set by the Compensation Review Board, whichever is | 25 | | greater. | 26 | | (c) Notwithstanding any other provision of this Section, |
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| 1 | | the term of each member of the Board who was appointed by the | 2 | | Governor and is in office on June 30, 2003 shall terminate at | 3 | | the close of business on that date or when all of the successor | 4 | | members to be appointed pursuant to this amendatory Act of the | 5 | | 93rd General Assembly have been appointed by the Governor, | 6 | | whichever occurs later. As soon as possible, the Governor | 7 | | shall appoint persons to fill the vacancies created by this | 8 | | amendatory Act. | 9 | | Of the initial members appointed under this amendatory Act | 10 | | of the 93rd General Assembly, the Governor shall appoint 5 | 11 | | members whose terms shall expire on the third Monday in | 12 | | January 2005, 5 members whose terms shall expire on the third | 13 | | Monday in January 2007, and 5 members whose terms shall expire | 14 | | on the third Monday in January 2009. Their respective | 15 | | successors shall be appointed for terms of 6 years from the | 16 | | third Monday in January of the year of appointment. Each | 17 | | member shall serve until his or her successor is appointed and | 18 | | qualified. | 19 | | Any member may be removed by the Governor for | 20 | | incompetence, neglect of duty, malfeasance or inability to | 21 | | serve. | 22 | | (d) The Chairman of the Board shall be its chief executive | 23 | | and administrative officer. The Board may have an Executive | 24 | | Director; if so, the Executive Director shall be appointed by | 25 | | the Governor with the advice and consent of the Senate. The | 26 | | salary and duties of the Executive Director shall be fixed by |
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| 1 | | the Board. | 2 | | (e) Each member of the Board shall annually receive | 3 | | mandatory domestic violence training and sexual assault | 4 | | training accredited or approved within this State. | 5 | | (Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22 .) | 6 | | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9) | 7 | | Sec. 3-3-9. Violations; changes of conditions; preliminary | 8 | | hearing; revocation of parole or mandatory supervised release; | 9 | | revocation hearing. | 10 | | (a) If prior to expiration or termination of the term of | 11 | | parole or mandatory supervised release, a person violates a | 12 | | condition set by the Prisoner Review Board or a condition of | 13 | | parole or mandatory supervised release under Section 3-3-7 of | 14 | | this Code to govern that term, the Board may: | 15 | | (1) continue the existing term, with or without | 16 | | modifying or enlarging the conditions; or | 17 | | (1.5) for those released as a result of youthful | 18 | | offender parole as set forth in Section 5-4.5-115 of this | 19 | | Code, order that the inmate be subsequently rereleased to | 20 | | serve a specified mandatory supervised release term not to | 21 | | exceed the full term permitted under the provisions of | 22 | | Section 5-4.5-115 and subsection (d) of Section 5-8-1 of | 23 | | this Code and may modify or enlarge the conditions of the | 24 | | release as the Board deems proper; or | 25 | | (2) parole or release the person to a half-way house; |
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| 1 | | or | 2 | | (3) revoke the parole or mandatory supervised release | 3 | | and reconfine the person for a term computed in the | 4 | | following manner: | 5 | | (i) (A) For those sentenced under the law in | 6 | | effect prior to this amendatory Act of 1977, the | 7 | | recommitment shall be for any portion of the imposed | 8 | | maximum term of imprisonment or confinement which had | 9 | | not been served at the time of parole and the parole | 10 | | term, less the time elapsed between the parole of the | 11 | | person and the commission of the violation for which | 12 | | parole was revoked; | 13 | | (B) Except as set forth in paragraphs (C) and (D), | 14 | | for those subject to mandatory supervised release | 15 | | under paragraph (d) of Section 5-8-1 of this Code, the | 16 | | recommitment shall be for the total mandatory | 17 | | supervised release term, less the time elapsed between | 18 | | the release of the person and the commission of the | 19 | | violation for which mandatory supervised release is | 20 | | revoked. The Board may also order that a prisoner | 21 | | serve up to one year of the sentence imposed by the | 22 | | court which was not served due to the accumulation of | 23 | | sentence credit; | 24 | | (C) For those subject to sex offender supervision | 25 | | under clause (d)(4) of Section 5-8-1 of this Code, the | 26 | | reconfinement period for violations of clauses (a)(3) |
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| 1 | | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | 2 | | years from the date of reconfinement; | 3 | | (D) For those released as a result of youthful | 4 | | offender parole as set forth in Section 5-4.5-115 of | 5 | | this Code, the reconfinement period shall be for the | 6 | | total mandatory supervised release term, less the time | 7 | | elapsed between the release of the person and the | 8 | | commission of the violation for which mandatory | 9 | | supervised release is revoked. The Board may also | 10 | | order that a prisoner serve up to one year of the | 11 | | mandatory supervised release term previously earned. | 12 | | The Board may also order that the inmate be | 13 | | subsequently rereleased to serve a specified mandatory | 14 | | supervised release term not to exceed the full term | 15 | | permitted under the provisions of Section 5-4.5-115 | 16 | | and subsection (d) of Section 5-8-1 of this Code and | 17 | | may modify or enlarge the conditions of the release as | 18 | | the Board deems proper; | 19 | | (ii) the person shall be given credit against the | 20 | | term of reimprisonment or reconfinement for time spent | 21 | | in custody since he or she was paroled or released | 22 | | which has not been credited against another sentence | 23 | | or period of confinement; | 24 | | (iii) (blank); | 25 | | (iv) this Section is subject to the release under | 26 | | supervision and the reparole and rerelease provisions |
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| 1 | | of Section 3-3-10. | 2 | | (b) The Board may revoke parole or mandatory supervised | 3 | | release for violation of a condition for the duration of the | 4 | | term and for any further period which is reasonably necessary | 5 | | for the adjudication of matters arising before its expiration. | 6 | | The issuance of a warrant of arrest for an alleged violation of | 7 | | the conditions of parole or mandatory supervised release shall | 8 | | toll the running of the term until the final determination of | 9 | | the charge. When parole or mandatory supervised release is not | 10 | | revoked that period shall be credited to the term, unless a | 11 | | community-based sanction is imposed as an alternative to | 12 | | revocation and reincarceration, including a diversion | 13 | | established by the Illinois Department of Corrections Parole | 14 | | Services Unit prior to the holding of a preliminary parole | 15 | | revocation hearing. Parolees who are diverted to a | 16 | | community-based sanction shall serve the entire term of parole | 17 | | or mandatory supervised release, if otherwise appropriate. | 18 | | (b-5) The Board shall revoke parole or mandatory | 19 | | supervised release for violation of the conditions prescribed | 20 | | in paragraph (7.6) of subsection (a) of Section 3-3-7. | 21 | | (c) A person charged with violating a condition of parole | 22 | | or mandatory supervised release shall have a preliminary | 23 | | hearing before a hearing officer designated by the Board to | 24 | | determine if there is cause to hold the person for a revocation | 25 | | hearing. However, no preliminary hearing need be held when | 26 | | revocation is based upon new criminal charges and a court |
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| 1 | | finds probable cause on the new criminal charges or when the | 2 | | revocation is based upon a new criminal conviction and a | 3 | | certified copy of that conviction is available. | 4 | | (d) Parole or mandatory supervised release shall not be | 5 | | revoked without written notice to the offender setting forth | 6 | | the violation of parole or mandatory supervised release | 7 | | charged against him or her. The victim of the offense shall be | 8 | | given written notice within 24 hours of the Board's decision | 9 | | to release an offender who has violated the offender's | 10 | | conditions of parole or mandatory supervised release. The | 11 | | Board shall provide the victim with the votes of the members on | 12 | | the decision to release an offender who has violated terms of | 13 | | parole or mandatory supervised release and any relevant notes, | 14 | | debate, and information concerning the decision to release the | 15 | | offender. | 16 | | (e) A hearing on revocation shall be conducted before at | 17 | | least one member of the Prisoner Review Board. The Board may | 18 | | meet and order its actions in panels of 3 or more members. The | 19 | | action of a majority of the panel shall be the action of the | 20 | | Board. A record of the hearing shall be made. At the hearing | 21 | | the offender shall be permitted to: | 22 | | (1) appear and answer the charge; and | 23 | | (2) bring witnesses on his or her behalf. | 24 | | (f) The Board shall either revoke parole or mandatory | 25 | | supervised release or order the person's term continued with | 26 | | or without modification or enlargement of the conditions. |
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| 1 | | (g) Parole or mandatory supervised release shall not be | 2 | | revoked for failure to make payments under the conditions of | 3 | | parole or release unless the Board determines that such | 4 | | failure is due to the offender's willful refusal to pay. | 5 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .) | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.". |
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