Full Text of HB4266 98th General Assembly
HB4266enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 3. The Rights of Crime Victims and Witnesses Act is | 5 | | amended by changing Section 8.5 as follows:
| 6 | | (725 ILCS 120/8.5)
| 7 | | Sec. 8.5. Statewide victim and witness notification | 8 | | system.
| 9 | | (a) The Attorney General may establish a crime victim and | 10 | | witness
notification system to assist public officials in | 11 | | carrying out their
duties to notify and inform crime victims | 12 | | and witnesses under Section 4.5 of
this Act or under | 13 | | subsections (a), (a-2), and (a-3) of Section 120 of the Sex | 14 | | Offender Community Notification Law as the Attorney General | 15 | | specifies by rule. The system shall download
necessary
| 16 | | information from participating officials into its computers, | 17 | | where it shall be
maintained, updated, and automatically | 18 | | transmitted to victims and witnesses by
telephone, computer, or | 19 | | written notice.
| 20 | | (b) The Illinois Department of Corrections, the Department | 21 | | of Juvenile Justice, the Department of Human
Services, and the | 22 | | Prisoner Review Board shall cooperate with the Attorney
General | 23 | | in the implementation of this Section and shall provide |
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| 1 | | information as
necessary to the effective operation of the | 2 | | system.
| 3 | | (c) State's attorneys, circuit court clerks, and local law | 4 | | enforcement
and correctional authorities
may enter into | 5 | | agreements with the Attorney General for participation in the
| 6 | | system. The Attorney General may provide those who elect to | 7 | | participate with
the equipment, software, or training | 8 | | necessary to bring their offices into the
system.
| 9 | | (d) The provision of information to crime victims and | 10 | | witnesses through the
Attorney General's notification system
| 11 | | satisfies a given State or local official's corresponding | 12 | | obligation to provide the information.
| 13 | | (e) The Attorney General may provide for telephonic, | 14 | | electronic, or other
public access to the database established | 15 | | under this Section.
| 16 | | (f) The Attorney General shall adopt rules as necessary to | 17 | | implement this
Section. The rules shall include, but not be | 18 | | limited to, provisions for the
scope and operation of any | 19 | | system the Attorney General may establish
and procedures, | 20 | | requirements,
and standards for entering into agreements to | 21 | | participate in the system and to
receive equipment, software, | 22 | | or training.
| 23 | | (g) There is established in the Office of the Attorney | 24 | | General a Crime
Victim and Witness Notification Advisory
| 25 | | Committee consisting of those victims advocates, sheriffs,
| 26 | | State's Attorneys, circuit court clerks, Illinois Department |
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| 1 | | of
Corrections, the Department of Juvenile Justice, and | 2 | | Prisoner Review
Board
employees that the Attorney General
| 3 | | chooses to appoint. The Attorney General shall designate one | 4 | | member to chair
the Committee.
| 5 | | (1) The Committee shall consult with and advise the | 6 | | Attorney General as to
the exercise of the Attorney | 7 | | General's authority under this Section, including,
but not | 8 | | limited
to:
| 9 | | (i) the design, scope, and operation of the | 10 | | notification system;
| 11 | | (ii) the content of any rules adopted to implement | 12 | | this Section;
| 13 | | (iii) the procurement of hardware, software, and
| 14 | | support for the system, including choice of supplier or | 15 | | operator; and
| 16 | | (iv) the acceptance of agreements with and the | 17 | | award of equipment,
software, or training to officials | 18 | | that seek to participate in the system.
| 19 | | (2) The Committee shall review the status and operation | 20 | | of the system and
report any findings and recommendations | 21 | | for changes to the Attorney General and
the General | 22 | | Assembly by November 1 of each year.
| 23 | | (3) The members of the Committee shall receive no | 24 | | compensation for their
services as members of the | 25 | | Committee, but may be reimbursed for their actual
expenses | 26 | | incurred in serving on the Committee.
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| 1 | | (h) The Attorney General shall not release the names, | 2 | | addresses,
phone numbers, personal identification numbers, or | 3 | | email addresses of
any person registered to receive | 4 | | notifications to any other person except
State or local | 5 | | officials using the notification system to satisfy the | 6 | | official's
obligation to provide the information. The Attorney | 7 | | General may
grant limited access to the Automated Victim | 8 | | Notification system (AVN) to law enforcement, prosecution,
and | 9 | | other agencies that provide service to victims of violent crime | 10 | | to assist
victims in enrolling and utilizing the AVN system. | 11 | | (Source: P.A. 96-1092, eff. 1-1-11.)
| 12 | | Section 5. The Unified Code of Corrections is amended by | 13 | | changing Section 3-3-4 as follows:
| 14 | | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 15 | | Sec. 3-3-4. Preparation for Parole Hearing.
| 16 | | (a) The Prisoner Review Board shall consider the parole
of | 17 | | each eligible person committed to the Department of Corrections | 18 | | at
least 30 days prior to the date he or she shall first become
| 19 | | eligible for parole, and shall consider the aftercare release | 20 | | of each
person committed to the Department of Juvenile Justice | 21 | | as a delinquent
at least 30 days prior to the expiration of the | 22 | | first year
of confinement.
| 23 | | (b) A person eligible for parole or aftercare release | 24 | | shall, no less than 15 days in advance of
his or her parole |
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| 1 | | interview, prepare a parole or aftercare release plan in | 2 | | accordance
with the rules of the Prisoner Review Board. The | 3 | | person
shall be assisted in preparing his or her parole or | 4 | | aftercare release plan by personnel
of the Department of | 5 | | Corrections, or the Department of Juvenile Justice in the case | 6 | | of a person committed to that Department, and may, for this | 7 | | purpose, be released
on furlough under Article 11 or on | 8 | | authorized absence under
Section 3-9-4. The appropriate | 9 | | Department shall also provide
assistance in obtaining | 10 | | information and records helpful to
the individual for his or | 11 | | her parole hearing. If the person eligible for parole or | 12 | | aftercare release has a petition or any written submissions | 13 | | prepared on his or her behalf by an attorney or other | 14 | | representative, the attorney or representative for the person | 15 | | eligible for parole or aftercare release must serve by | 16 | | certified mail the State's Attorney of the county where he or | 17 | | she was prosecuted with the petition or any written submissions | 18 | | 15 days after his or her parole interview. The State's Attorney | 19 | | shall provide the attorney for the person eligible for parole | 20 | | or aftercare release with a copy of his or her letter in | 21 | | opposition to parole or aftercare release via certified mail | 22 | | within 5 business days of the en banc hearing.
| 23 | | (c) Any member of the Board shall have access at all
| 24 | | reasonable times to any committed person and to his or her | 25 | | master
record file within the Department, and the Department | 26 | | shall
furnish such a report to the Board
concerning the conduct |
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| 1 | | and character of any such person prior to his or her parole | 2 | | interview.
| 3 | | (d) In making its determination of parole or aftercare | 4 | | release, the Board
shall consider:
| 5 | | (1) material transmitted to the Department of Juvenile | 6 | | Justice by the
clerk of the committing court under Section | 7 | | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | 8 | | 5-750 of the Juvenile
Court Act of 1987;
| 9 | | (2) the report under Section 3-8-2 or 3-10-2;
| 10 | | (3) a report by the Department and any report by the
| 11 | | chief administrative officer of the institution or | 12 | | facility;
| 13 | | (4) a parole or aftercare release progress report;
| 14 | | (5) a medical and psychological report, if requested
by | 15 | | the Board;
| 16 | | (6) material in writing, or on film, video tape or | 17 | | other electronic
means in the form of a recording submitted | 18 | | by the person whose parole or aftercare release
is being | 19 | | considered;
| 20 | | (7) material in writing, or on film, video tape or | 21 | | other electronic
means in the form of a recording or | 22 | | testimony submitted by the State's
Attorney and the victim | 23 | | or a concerned citizen pursuant to the Rights of Crime | 24 | | Victims and Witnesses Act; and
| 25 | | (8) the person's eligibility for commitment under the | 26 | | Sexually Violent Persons Commitment Act. |
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| 1 | | (e) The prosecuting State's Attorney's office shall | 2 | | receive from the Board reasonable
written notice not less than | 3 | | 30 days prior to the parole or aftercare release interview and | 4 | | may
submit relevant information by oral argument or testimony | 5 | | of victims and concerned citizens, or both, in writing, or on | 6 | | film, video tape or other
electronic means or in the form of a | 7 | | recording to the Board for its
consideration. Upon written | 8 | | request of the State's Attorney's office, the Prisoner Review | 9 | | Board shall hear protests to parole, or aftercare release, | 10 | | except in counties of 1,500,000 or more inhabitants where there | 11 | | shall be standing objections to all such petitions. If a | 12 | | State's Attorney who represents a county of less than 1,500,000 | 13 | | inhabitants requests a protest hearing, the inmate's counsel or | 14 | | other representative shall also receive notice of such request.
| 15 | | This hearing shall take place the month following the inmate's | 16 | | parole or aftercare release interview. If the inmate's parole | 17 | | or aftercare release interview is rescheduled then the Prisoner | 18 | | Review Board shall promptly notify the State's Attorney of the | 19 | | new date. The person eligible for parole or aftercare release | 20 | | shall be heard at the next scheduled en banc hearing date. If | 21 | | the case is to be continued, the State's Attorney's office and | 22 | | the attorney or representative for the person eligible for | 23 | | parole or aftercare release will be notified of any continuance | 24 | | within 5 business days. The State's Attorney may waive the | 25 | | written notice.
| 26 | | (f) The victim of the violent crime for which the prisoner |
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| 1 | | has been
sentenced shall receive notice of a parole or | 2 | | aftercare release hearing as provided in paragraph
(4) of | 3 | | subsection (d) of Section 4.5 of the Rights of Crime Victims | 4 | | and Witnesses
Act.
| 5 | | (g) Any recording considered under the provisions of | 6 | | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 7 | | the form designated by the Board.
Such recording shall be both | 8 | | visual and aural. Every voice on the
recording and person | 9 | | present shall be identified and the recording shall
contain | 10 | | either a visual or aural statement of the person submitting | 11 | | such
recording, the date of the recording and the name of the | 12 | | person whose
parole or aftercare release eligibility is being | 13 | | considered. Such recordings shall be retained by
the Board and | 14 | | shall be deemed to be submitted at any subsequent parole or | 15 | | aftercare release hearing
if the victim or State's Attorney | 16 | | submits in writing a declaration clearly
identifying such | 17 | | recording as representing the present position of the
victim or | 18 | | State's Attorney regarding the issues to be considered at the | 19 | | parole or aftercare release
hearing.
| 20 | | (h) The Board shall not release any material to the inmate, | 21 | | the inmate's attorney, any third party, or any other person | 22 | | containing any information from the victim or from a person | 23 | | related to the victim by blood, adoption, or marriage who has | 24 | | written objections, testified at any hearing, or submitted | 25 | | audio or visual objections to the inmate's parole, or aftercare | 26 | | release, unless provided with a waiver from that objecting |
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| 1 | | party. The Board shall not release the names or addresses of | 2 | | any person on its victim registry to any other person except | 3 | | the victim, a law enforcement agency, or other victim | 4 | | notification system. | 5 | | (Source: P.A. 97-523, eff. 1-1-12; 97-1075, eff. 8-24-12; | 6 | | 97-1083, eff. 8-24-12; 98-463, eff. 8-16-13; 98-558, eff. | 7 | | 1-1-14.)
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