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90_HB3658
725 ILCS 120/4.5
730 ILCS 5/5-8A-6 new
Amends the Rights of Crime Victims and Witnesses Act and
the Unified Code of Corrections. Provides that upon written
request of a crime victim, the supervising authority shall
notify the crime victim of periods of time in which a
participant in an electronic home detention program is not
being monitored. Provides that a supervising authority or
its employees are immune from civil or criminal liability if
they fail to comply with the notification provisions.
LRB9011025RCbd
LRB9011025RCbd
1 AN ACT in relation to electronic home detention, amending
2 named Acts.
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 Act
6 is amended by changing Section 4.5 as follows:
7 (725 ILCS 120/4.5)
8 Sec. 4.5. Procedures to implement the rights of crime
9 victims. To afford crime victims their rights, law
10 enforcement, prosecutors, judges and corrections will provide
11 information, as appropriate of the following procedures:
12 (a) At the request of the crime victim, law enforcement
13 authorities investigating the case shall provide notice of
14 the status of the investigation, except where the State's
15 Attorney determines that disclosure of such information would
16 unreasonably interfere with the investigation, until such
17 time as the alleged assailant is apprehended or the
18 investigation is closed.
19 (b) The office of the State's Attorney:
20 (1) shall provide notice of the filing of
21 information, the return of an indictment by which a
22 prosecution for any violent crime is commenced, or the
23 filing of a petition to adjudicate a minor as a
24 delinquent for a violent crime;
25 (2) shall provide notice of the date, time, and
26 place of trial;
27 (3) or victim advocate personnel shall provide
28 information of social services and financial assistance
29 available for victims of crime, including information of
30 how to apply for these services and assistance;
31 (4) shall assist in having any stolen or other
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1 personal property held by law enforcement authorities for
2 evidentiary or other purposes returned as expeditiously
3 as possible, pursuant to the procedures set out in
4 Section 115-9 of the Code of Criminal Procedure of 1963;
5 (5) or victim advocate personnel shall provide
6 appropriate employer intercession services to ensure that
7 employers of victims will cooperate with the criminal
8 justice system in order to minimize an employee's loss of
9 pay and other benefits resulting from court appearances;
10 (6) shall provide information whenever possible, of
11 a secure waiting area during court proceedings that does
12 not require victims to be in close proximity to defendant
13 or juveniles accused of a violent crime, and their
14 families and friends;
15 (7) shall provide notice to the crime victim of the
16 right to have a translator present at all court
17 proceedings;
18 (8) in the case of the death of a person, which
19 death occurred in the same transaction or occurrence in
20 which acts occurred for which a defendant is charged with
21 an offense, shall notify the spouse, parent, child or
22 sibling of the decedent of the date of the trial of the
23 person or persons allegedly responsible for the death;
24 (9) shall inform the victim of the right to have
25 present at all court proceedings, subject to the rules of
26 evidence, an advocate or other support person of the
27 victim's choice, and the right to retain an attorney, at
28 the victim's own expense, who, upon written notice filed
29 with the clerk of the court and State's Attorney, is to
30 receive copies of all notices, motions and court orders
31 filed thereafter in the case, in the same manner as if
32 the victim were a named party in the case; and
33 (10) at the sentencing hearing shall make a good
34 faith attempt to explain the minimum amount of time
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1 during which the defendant may actually be physically
2 imprisoned. The Office of the State's Attorney shall
3 further notify the crime victim of the right to request
4 from the Prisoner Review Board information concerning the
5 release of the defendant under subparagraph (d)(1) of
6 this Section; and
7 (11) shall request restitution at sentencing and
8 shall consider restitution in any plea negotiation, as
9 provided by law.
10 (c) At the written request of the crime victim, the
11 office of the State's Attorney shall:
12 (1) provide notice a reasonable time in advance of
13 the following court proceedings: preliminary hearing, any
14 hearing the effect of which may be the release of
15 defendant from custody, or to alter the conditions of
16 bond and the sentencing hearing. The crime victim shall
17 also be notified of the cancellation of the court
18 proceeding in sufficient time, wherever possible, to
19 prevent an unnecessary appearance in court;
20 (2) provide notice within a reasonable time after
21 receipt of notice from the custodian, of the release of
22 the defendant on bail or personal recognizance or the
23 release from detention of a minor who has been detained
24 for a violent crime;
25 (3) explain in nontechnical language the details of
26 any plea or verdict of a defendant, or any adjudication
27 of a juvenile as a delinquent for a violent crime;
28 (4) where practical, consult with the crime victim
29 before the Office of the State's Attorney makes an offer
30 of a plea bargain to the defendant or enters into
31 negotiations with the defendant concerning a possible
32 plea agreement, and shall consider the written victim
33 impact statement, if prepared prior to entering into a
34 plea agreement;
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1 (5) provide notice of the ultimate disposition of
2 the cases arising from an indictment or an information,
3 or a petition to have a juvenile adjudicated as a
4 delinquent for a violent crime;
5 (6) provide notice of any appeal taken by the
6 defendant and information on how to contact the
7 appropriate agency handling the appeal;
8 (7) provide notice of any request for
9 post-conviction review filed by the defendant under
10 Article 122 of the Code of Criminal Procedure of 1963,
11 and of the date, time and place of any hearing concerning
12 the petition. Whenever possible, notice of the hearing
13 shall be given in advance;
14 (8) forward a copy of any statement presented under
15 Section 6 to the Prisoner Review Board to be considered
16 by the Board in making its determination under subsection
17 (b) of Section 3-3-8 of the Unified Code of Corrections.
18 (d) (1) The Prisoner Review Board shall inform a victim
19 or any other concerned citizen, upon written request, of
20 the prisoner's release on parole, mandatory supervised
21 release, electronic detention, work release or by the
22 custodian of the discharge of any individual who was
23 adjudicated a delinquent for a violent crime from State
24 custody and by the sheriff of the appropriate county of
25 any such person's final discharge from county custody.
26 The Prisoner Review Board, upon written request, shall
27 provide to a victim or any other concerned citizen a
28 recent photograph of any person convicted of a felony,
29 upon his or her release from custody. The Prisoner Review
30 Board, upon written request, shall inform a victim or any
31 other concerned citizen when feasible at least 7 days
32 prior to the prisoner's release on furlough of the times
33 and dates of such furlough. Upon written request by the
34 victim or any other concerned citizen, the State's
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1 Attorney shall notify the person once of the times and
2 dates of release of a prisoner sentenced to periodic
3 imprisonment. Notification shall be based on the most
4 recent information as to victim's or other concerned
5 citizen's residence or other location available to the
6 notifying authority. For purposes of this paragraph (1)
7 of subsection (d), "concerned citizen" includes relatives
8 of the victim, friends of the victim, witnesses to the
9 crime, or any other person associated with the victim or
10 prisoner.
11 (2) When the defendant has been committed to the
12 Department of Human Services pursuant to Section 5-2-4 or
13 any other provision of the Unified Code of Corrections,
14 the victim may request to be notified by the releasing
15 authority of the defendant's discharge from State
16 custody.
17 (3) In the event of an escape from State custody,
18 the Department of Corrections immediately shall notify
19 the Prisoner Review Board of the escape and the Prisoner
20 Review Board shall notify the victim. The notification
21 shall be based upon the most recent information as to the
22 victim's residence or other location available to the
23 Board. When no such information is available, the Board
24 shall make all reasonable efforts to obtain the
25 information and make the notification. When the escapee
26 is apprehended, the Department of Corrections immediately
27 shall notify the Prisoner Review Board and the Board
28 shall notify the victim.
29 (4) The victim of the crime for which the prisoner
30 has been sentenced shall receive reasonable written
31 notice not less than 15 days prior to the parole hearing
32 and may submit, in writing, on film, videotape or other
33 electronic means or in the form of a recording or in
34 person at the parole hearing, information for
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1 consideration by the Prisoner Review Board. The victim
2 shall be notified within 7 days after the prisoner has
3 been granted parole and shall be informed of the right to
4 inspect the registry of parole decisions, established
5 under subsection (g) of Section 3-3-5 of the Unified Code
6 of Corrections. The provisions of this paragraph (4) are
7 subject to the Open Parole Hearings Act.
8 (5) If a statement is presented under Section 6,
9 the Prisoner Review Board shall inform the victim of any
10 order of discharge entered by the Board pursuant to
11 Section 3-3-8 of the Unified Code of Corrections.
12 (6) At the written request of the victim of the
13 crime for which the prisoner was sentenced, the Prisoner
14 Review Board shall notify the victim of the death of the
15 prisoner if the prisoner died while on parole or
16 mandatory supervised release.
17 (e) Upon written request of a crime victim, the
18 supervising authority of a person placed in an electronic
19 home detention program shall inform the crime victim of any
20 period of time in which the person placed in an electronic
21 home detention program is not being monitored in a manner
22 prescribed in Section 5-8A-6 of the Unified Code of
23 Corrections.
24 (Source: P.A. 89-8, eff. 3-21-95; 89-235, eff. 8-4-95;
25 89-481, eff. 1-1-97; 89-507, eff. 7-1-97; 90-14, eff.
26 7-1-97.)
27 Section 10. The Unified Code of Corrections is amended
28 by adding Section 5-8A-6 as follows:
29 (730 ILCS 5/5-8A-6 new)
30 Sec. 5-8A-6. Periods in which participant is not being
31 monitored; victim notification.
32 (a) If a crime victim as defined in the Rights of Crime
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1 Victims and Witnesses Act notifies the supervising authority
2 that the crime victim desires notification of any period of
3 time in which the participant in an electronic home detention
4 program is not being monitored, the supervising authority
5 shall inform the crime victim in advance that the participant
6 will not be monitored at the specific time period or if the
7 participant disconnects the monitoring device, the
8 supervising authority shall inform the crime victim
9 immediately upon that discovery that the participant is not
10 being monitored. The crime victim shall furnish the
11 supervising authority with a telephone number or voice mail
12 drop box where the crime victim may be contacted.
13 (b) Notwithstanding any other provision of law to the
14 contrary, any supervising authority or any of its employees
15 who fail to comply with the notification provisions of this
16 Section and subsection (e) of Section 4.5 of the Rights of
17 Crime Victims and Witnesses Act shall not be liable in any
18 civil or criminal actions for that failure to comply with
19 these provisions.