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90_HB2134
725 ILCS 120/4.5
Amends the Rights of Crime Victims and Witnesses Act.
Provides that the supervising authority of a person released
on electronic detention or periodic imprisonment if not the
Department of Corrections shall, upon written request, notify
the victim or other concerned citizen of the release of the
prisoner. Effective immediately.
LRB9002931RCcd
LRB9002931RCcd
1 AN ACT to amend the Rights of Crime Victims and Witnesses
2 Act by changing Section 4.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Rights of Crime Victims and Witnesses
6 Act is amended by changing Section 4.5 as follows:
7 (725 ILCS 120/4.5)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 4.5. Procedures to implement the rights of crime
10 victims. To afford crime victims their rights, law
11 enforcement, prosecutors, judges and corrections will provide
12 information, as appropriate of the following procedures:
13 (a) At the request of the crime victim, law enforcement
14 authorities investigating the case shall provide notice of
15 the status of the investigation, except where the State's
16 Attorney determines that disclosure of such information would
17 unreasonably interfere with the investigation, until such
18 time as the alleged assailant is apprehended or the
19 investigation is closed.
20 (b) The office of the State's Attorney:
21 (1) shall provide notice of the filing of
22 information, the return of an indictment by which a
23 prosecution for any violent crime is commenced, or the
24 filing of a petition to adjudicate a minor as a
25 delinquent for a violent crime;
26 (2) shall provide notice of the date, time, and
27 place of trial;
28 (3) or victim advocate personnel shall provide
29 information of social services and financial assistance
30 available for victims of crime, including information of
31 how to apply for these services and assistance;
-2- LRB9002931RCcd
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
4 as possible, pursuant to the procedures set out in
5 Section 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 information whenever possible, of
12 a secure waiting area during court proceedings that does
13 not require victims to be in close proximity to defendant
14 or juveniles accused of a violent crime, and their
15 families 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;
19 (8) in the case of the death of a person, which
20 death occurred in the same transaction or occurrence in
21 which acts occurred for which a defendant is charged with
22 an offense, shall notify the spouse, parent, child or
23 sibling of the decedent of the date of the trial of the
24 person or persons allegedly responsible for the death;
25 (9) shall inform the victim of the right to have
26 present at all court proceedings, subject to the rules of
27 evidence, an advocate or other support person of the
28 victim's choice, and the right to retain an attorney, at
29 the victim's own expense, who, upon written notice filed
30 with the clerk of the court and State's Attorney, is to
31 receive copies of all notices, motions and court orders
32 filed thereafter in the case, in the same manner as if
33 the victim were a named party in the case; and
34 (10) at the sentencing hearing shall make a good
-3- LRB9002931RCcd
1 faith attempt to explain the minimum amount of time
2 during which the defendant may actually be physically
3 imprisoned. The Office of the State's Attorney shall
4 further notify the crime victim of the right to request
5 from the Prisoner Review Board information concerning the
6 release of the defendant under subparagraph (d)(1) of
7 this Section; and
8 (11) shall request restitution at sentencing and
9 shall consider restitution in any plea negotiation, as
10 provided by law.
11 (c) At the written request of the crime victim, the
12 office of the State's Attorney shall:
13 (1) provide notice a reasonable time in advance of
14 the following court proceedings: preliminary hearing, any
15 hearing the effect of which may be the release of
16 defendant from custody, or to alter the conditions of
17 bond and the sentencing hearing. The crime victim shall
18 also be notified of the cancellation of the court
19 proceeding in sufficient time, wherever possible, to
20 prevent an unnecessary appearance in court;
21 (2) provide notice within a reasonable time after
22 receipt of notice from the custodian, of the release of
23 the defendant on bail or personal recognizance or the
24 release from detention of a minor who has been detained
25 for a violent crime;
26 (3) explain in nontechnical language the details of
27 any plea or verdict of a defendant, or any adjudication
28 of a juvenile as a delinquent for a violent crime;
29 (4) where practical, consult with the crime victim
30 before the Office of the State's Attorney makes an offer
31 of a plea bargain to the defendant or enters into
32 negotiations with the defendant concerning a possible
33 plea agreement, and shall consider the written victim
34 impact statement, if prepared prior to entering into a
-4- LRB9002931RCcd
1 plea agreement;
2 (5) provide notice of the ultimate disposition of
3 the cases arising from an indictment or an information,
4 or a petition to have a juvenile adjudicated as a
5 delinquent for a violent crime;
6 (6) provide notice of any appeal taken by the
7 defendant and information on how to contact the
8 appropriate agency handling the appeal;
9 (7) provide notice of any request for
10 post-conviction review filed by the defendant under
11 Article 122 of the Code of Criminal Procedure of 1963,
12 and of the date, time and place of any hearing concerning
13 the petition. Whenever possible, notice of the hearing
14 shall be given in advance;
15 (8) forward a copy of any statement presented under
16 Section 6 to the Prisoner Review Board to be considered
17 by the Board in making its determination under subsection
18 (b) of Section 3-3-8 of the Unified Code of Corrections.
19 (d) (1) The Prisoner Review Board shall inform a victim
20 or any other concerned citizen, upon written request, of
21 the prisoner's release on parole, mandatory supervised
22 release, electronic detention, work release or by the
23 custodian of the discharge of any individual who was
24 adjudicated a delinquent for a violent crime from State
25 custody and by the sheriff of the appropriate county of
26 any such person's final discharge from county custody.
27 The Prisoner Review Board, upon written request, shall
28 provide to a victim or any other concerned citizen a
29 recent photograph of any person convicted of a felony,
30 upon his or her release from custody. If the supervising
31 authority of a person released on electronic detention is
32 not the Department of Corrections, upon written request,
33 the supervising authority shall inform a victim or any
34 other concerned citizen of the prisoner's release on
-5- LRB9002931RCcd
1 electronic detention. The Prisoner Review Board, upon
2 written request, shall inform a victim or any other
3 concerned citizen when feasible at least 7 days prior to
4 the prisoner's release on furlough of the times and dates
5 of such furlough. Upon written request by the victim or
6 any other concerned citizen, the State's Attorney or
7 supervising authority of the prisoner, if not the
8 Department of Corrections, shall notify the person once
9 of the times and dates of release of a prisoner sentenced
10 to periodic imprisonment. Notification shall be based on
11 the most recent information as to victim's or other
12 concerned citizen's residence or other location available
13 to the notifying authority. For purposes of this
14 paragraph (1) of subsection (d), "concerned citizen"
15 includes relatives of the victim, friends of the victim,
16 witnesses to the crime, or any other person associated
17 with the victim or prisoner.
18 (2) When the defendant has been committed to the
19 Department of Mental Health and Developmental
20 Disabilities pursuant to Section 5-2-4 or any other
21 provision of the Unified Code of Corrections, the victim
22 may request to be notified by the releasing authority of
23 the defendant's discharge from State custody.
24 (3) In the event of an escape from State custody,
25 the Department of Corrections immediately shall notify
26 the Prisoner Review Board of the escape and the Prisoner
27 Review Board shall notify the victim. The notification
28 shall be based upon the most recent information as to the
29 victim's residence or other location available to the
30 Board. When no such information is available, the Board
31 shall make all reasonable efforts to obtain the
32 information and make the notification. When the escapee
33 is apprehended, the Department of Corrections immediately
34 shall notify the Prisoner Review Board and the Board
-6- LRB9002931RCcd
1 shall notify the victim.
2 (4) The victim of the crime for which the prisoner
3 has been sentenced shall receive reasonable written
4 notice not less than 15 days prior to the parole hearing
5 and may submit, in writing, on film, videotape or other
6 electronic means or in the form of a recording or in
7 person at the parole hearing, information for
8 consideration by the Prisoner Review Board. The victim
9 shall be notified within 7 days after the prisoner has
10 been granted parole and shall be informed of the right to
11 inspect the registry of parole decisions, established
12 under subsection (g) of Section 3-3-5 of the Unified Code
13 of Corrections. The provisions of this paragraph (4) are
14 subject to the Open Parole Hearings Act.
15 (5) If a statement is presented under Section 6,
16 the Prisoner Review Board shall inform the victim of any
17 order of discharge entered by the Board pursuant to
18 Section 3-3-8 of the Unified Code of Corrections.
19 (6) At the written request of the victim of the
20 crime for which the prisoner was sentenced, the Prisoner
21 Review Board shall notify the victim of the death of the
22 prisoner if the prisoner died while on parole or
23 mandatory supervised release.
24 (Source: P.A. 88-489; 88-559, eff. 1-1-95; 88-677, eff.
25 12-15-95; 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-235,
26 eff. 8-4-95; 89-481, eff. 1-1-97; revised 8-14-96.)
27 (Text of Section after amendment by P.A. 89-507)
28 Sec. 4.5. Procedures to implement the rights of crime
29 victims. To afford crime victims their rights, law
30 enforcement, prosecutors, judges and corrections will provide
31 information, as appropriate of the following procedures:
32 (a) At the request of the crime victim, law enforcement
33 authorities investigating the case shall provide notice of
34 the status of the investigation, except where the State's
-7- LRB9002931RCcd
1 Attorney determines that disclosure of such information would
2 unreasonably interfere with the investigation, until such
3 time as the alleged assailant is apprehended or the
4 investigation is closed.
5 (b) The office of the State's Attorney:
6 (1) shall provide notice of the filing of
7 information, the return of an indictment by which a
8 prosecution for any violent crime is commenced, or the
9 filing of a petition to adjudicate a minor as a
10 delinquent for a violent crime;
11 (2) shall provide notice of the date, time, and
12 place of trial;
13 (3) or victim advocate personnel shall provide
14 information of social services and financial assistance
15 available for victims of crime, including information of
16 how to apply for these services and assistance;
17 (4) shall assist in having any stolen or other
18 personal property held by law enforcement authorities for
19 evidentiary or other purposes returned as expeditiously
20 as possible, pursuant to the procedures set out in
21 Section 115-9 of the Code of Criminal Procedure of 1963;
22 (5) or victim advocate personnel shall provide
23 appropriate employer intercession services to ensure that
24 employers of victims will cooperate with the criminal
25 justice system in order to minimize an employee's loss of
26 pay and other benefits resulting from court appearances;
27 (6) shall provide information whenever possible, of
28 a secure waiting area during court proceedings that does
29 not require victims to be in close proximity to defendant
30 or juveniles accused of a violent crime, and their
31 families and friends;
32 (7) shall provide notice to the crime victim of the
33 right to have a translator present at all court
34 proceedings;
-8- LRB9002931RCcd
1 (8) in the case of the death of a person, which
2 death occurred in the same transaction or occurrence in
3 which acts occurred for which a defendant is charged with
4 an offense, shall notify the spouse, parent, child or
5 sibling of the decedent of the date of the trial of the
6 person or persons allegedly responsible for the death;
7 (9) shall inform the victim of the right to have
8 present at all court proceedings, subject to the rules of
9 evidence, an advocate or other support person of the
10 victim's choice, and the right to retain an attorney, at
11 the victim's own expense, who, upon written notice filed
12 with the clerk of the court and State's Attorney, is to
13 receive copies of all notices, motions and court orders
14 filed thereafter in the case, in the same manner as if
15 the victim were a named party in the case; and
16 (10) at the sentencing hearing shall make a good
17 faith attempt to explain the minimum amount of time
18 during which the defendant may actually be physically
19 imprisoned. The Office of the State's Attorney shall
20 further notify the crime victim of the right to request
21 from the Prisoner Review Board information concerning the
22 release of the defendant under subparagraph (d)(1) of
23 this Section; and
24 (11) shall request restitution at sentencing and
25 shall consider restitution in any plea negotiation, as
26 provided by law.
27 (c) At the written request of the crime victim, the
28 office of the State's Attorney shall:
29 (1) provide notice a reasonable time in advance of
30 the following court proceedings: preliminary hearing, any
31 hearing the effect of which may be the release of
32 defendant from custody, or to alter the conditions of
33 bond and the sentencing hearing. The crime victim shall
34 also be notified of the cancellation of the court
-9- LRB9002931RCcd
1 proceeding in sufficient time, wherever possible, to
2 prevent an unnecessary appearance in court;
3 (2) provide notice within a reasonable time after
4 receipt of notice from the custodian, of the release of
5 the defendant on bail or personal recognizance or the
6 release from detention of a minor who has been detained
7 for a violent crime;
8 (3) explain in nontechnical language the details of
9 any plea or verdict of a defendant, or any adjudication
10 of a juvenile as a delinquent for a violent crime;
11 (4) where practical, consult with the crime victim
12 before the Office of the State's Attorney makes an offer
13 of a plea bargain to the defendant or enters into
14 negotiations with the defendant concerning a possible
15 plea agreement, and shall consider the written victim
16 impact statement, if prepared prior to entering into a
17 plea agreement;
18 (5) provide notice of the ultimate disposition of
19 the cases arising from an indictment or an information,
20 or a petition to have a juvenile adjudicated as a
21 delinquent for a violent crime;
22 (6) provide notice of any appeal taken by the
23 defendant and information on how to contact the
24 appropriate agency handling the appeal;
25 (7) provide notice of any request for
26 post-conviction review filed by the defendant under
27 Article 122 of the Code of Criminal Procedure of 1963,
28 and of the date, time and place of any hearing concerning
29 the petition. Whenever possible, notice of the hearing
30 shall be given in advance;
31 (8) forward a copy of any statement presented under
32 Section 6 to the Prisoner Review Board to be considered
33 by the Board in making its determination under subsection
34 (b) of Section 3-3-8 of the Unified Code of Corrections.
-10- LRB9002931RCcd
1 (d) (1) The Prisoner Review Board shall inform a victim
2 or any other concerned citizen, upon written request, of
3 the prisoner's release on parole, mandatory supervised
4 release, electronic detention, work release or by the
5 custodian of the discharge of any individual who was
6 adjudicated a delinquent for a violent crime from State
7 custody and by the sheriff of the appropriate county of
8 any such person's final discharge from county custody. If
9 the supervising authority of a person released on
10 electronic detention is not the Department of
11 Corrections, upon written request, the supervising
12 authority shall inform a victim or any other concerned
13 citizen of the prisoner's release on electronic
14 detention. The Prisoner Review Board, upon written
15 request, shall provide to a victim or any other concerned
16 citizen a recent photograph of any person convicted of a
17 felony, upon his or her release from custody. The
18 Prisoner Review Board, upon written request, shall inform
19 a victim or any other concerned citizen when feasible at
20 least 7 days prior to the prisoner's release on furlough
21 of the times and dates of such furlough. Upon written
22 request by the victim or any other concerned citizen, the
23 State's Attorney or supervising authority of the
24 prisoner, if not the Department of Corrections, shall
25 notify the person once of the times and dates of release
26 of a prisoner sentenced to periodic imprisonment.
27 Notification shall be based on the most recent
28 information as to victim's or other concerned citizen's
29 residence or other location available to the notifying
30 authority. For purposes of this paragraph (1) of
31 subsection (d), "concerned citizen" includes relatives of
32 the victim, friends of the victim, witnesses to the
33 crime, or any other person associated with the victim or
34 prisoner.
-11- LRB9002931RCcd
1 (2) When the defendant has been committed to the
2 Department of Human Services pursuant to Section 5-2-4 or
3 any other provision of the Unified Code of Corrections,
4 the victim may request to be notified by the releasing
5 authority of the defendant's discharge from State
6 custody.
7 (3) In the event of an escape from State custody,
8 the Department of Corrections immediately shall notify
9 the Prisoner Review Board of the escape and the Prisoner
10 Review Board shall notify the victim. The notification
11 shall be based upon the most recent information as to the
12 victim's residence or other location available to the
13 Board. When no such information is available, the Board
14 shall make all reasonable efforts to obtain the
15 information and make the notification. When the escapee
16 is apprehended, the Department of Corrections immediately
17 shall notify the Prisoner Review Board and the Board
18 shall notify the victim.
19 (4) The victim of the crime for which the prisoner
20 has been sentenced shall receive reasonable written
21 notice not less than 15 days prior to the parole hearing
22 and may submit, in writing, on film, videotape or other
23 electronic means or in the form of a recording or in
24 person at the parole hearing, information for
25 consideration by the Prisoner Review Board. The victim
26 shall be notified within 7 days after the prisoner has
27 been granted parole and shall be informed of the right to
28 inspect the registry of parole decisions, established
29 under subsection (g) of Section 3-3-5 of the Unified Code
30 of Corrections. The provisions of this paragraph (4) are
31 subject to the Open Parole Hearings Act.
32 (5) If a statement is presented under Section 6,
33 the Prisoner Review Board shall inform the victim of any
34 order of discharge entered by the Board pursuant to
-12- LRB9002931RCcd
1 Section 3-3-8 of the Unified Code of Corrections.
2 (6) At the written request of the victim of the
3 crime for which the prisoner was sentenced, the Prisoner
4 Review Board shall notify the victim of the death of the
5 prisoner if the prisoner died while on parole or
6 mandatory supervised release.
7 (Source: P.A. 88-489; 88-559, eff. 1-1-95; 88-677, eff.
8 12-15-95; 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-235,
9 eff. 8-4-95; 89-481, eff. 1-1-97; 89-507, eff. 7-1-97;
10 revised 8-14-96.)
11 Section 95. No acceleration or delay. Where this Act
12 makes changes in a statute that is represented in this Act by
13 text that is not yet or no longer in effect (for example, a
14 Section represented by multiple versions), the use of that
15 text does not accelerate or delay the taking effect of (i)
16 the changes made by this Act or (ii) provisions derived from
17 any other Public Act.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.