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91_HB0865
LRB9104590RCks
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;
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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
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
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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
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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. The Prisoner Review
31 Board, upon written request, shall inform a victim or any
32 other concerned citizen when feasible at least 7 days
33 prior to the prisoner's release on furlough of the times
34 and dates of such furlough. Upon written request by the
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1 victim or any other concerned citizen, the State's
2 Attorney shall notify the person once of the times and
3 dates of release of a prisoner sentenced to periodic
4 imprisonment. Notification shall be based on the most
5 recent information as to victim's or other concerned
6 citizen's residence or other location available to the
7 notifying authority. For purposes of this paragraph (1)
8 of subsection (d), "concerned citizen" includes relatives
9 of the victim, friends of the victim, witnesses to the
10 crime, or any other person associated with the victim or
11 prisoner.
12 (2) When the defendant has been committed to the
13 Department of Human Services pursuant to Section 5-2-4 or
14 any other provision of the Unified Code of Corrections,
15 the victim may request to be notified by the releasing
16 authority of the defendant's discharge from State
17 custody.
18 (3) In the event of an escape from State custody,
19 the Department of Corrections immediately shall notify
20 the Prisoner Review Board of the escape and the Prisoner
21 Review Board shall notify the victim. The notification
22 shall be based upon the most recent information as to the
23 victim's residence or other location available to the
24 Board. When no such information is available, the Board
25 shall make all reasonable efforts to obtain the
26 information and make the notification. When the escapee
27 is apprehended, the Department of Corrections immediately
28 shall notify the Prisoner Review Board and the Board
29 shall notify the victim.
30 (4) The victim of the crime for which the prisoner
31 has been sentenced shall receive reasonable written
32 notice not less than 15 days prior to the parole hearing
33 and may submit, in writing, on film, videotape or other
34 electronic means or in the form of a recording or in
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1 person at the parole hearing, information for
2 consideration by the Prisoner Review Board. The victim
3 shall be notified within 7 days after the prisoner has
4 been granted parole and shall be informed of the right to
5 inspect the registry of parole decisions, established
6 under subsection (g) of Section 3-3-5 of the Unified Code
7 of Corrections. The provisions of this paragraph (4) are
8 subject to the Open Parole Hearings Act.
9 (5) If a statement is presented under Section 6,
10 the Prisoner Review Board shall inform the victim of any
11 order of discharge entered by the Board pursuant to
12 Section 3-3-8 of the Unified Code of Corrections.
13 (6) At the written request of the victim of the
14 crime for which the prisoner was sentenced, the Prisoner
15 Review Board shall notify the victim of the death of the
16 prisoner if the prisoner died while on parole or
17 mandatory supervised release.
18 (7) When a defendant who has been committed to the
19 Department of Corrections or the Department of Human
20 Services is released or discharged and subsequently
21 committed to the Department of Human Services as a
22 sexually violent person and the victim had requested to
23 be notified by the releasing authority of the defendant's
24 discharge from State custody, the releasing authority
25 shall provide to the Department of Human Services such
26 information that would allow the Department of Human
27 Services to contact the victim.
28 (e) Upon written request of a crime victim, the
29 supervising authority of a person placed in an electronic
30 home detention program must inform the crime victim of any
31 period of time in which the person placed in an electronic
32 home detention program is not being monitored in a manner
33 prescribed in Section 5-8A-6 of the Unified Code of
34 Corrections.
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1 (Source: P.A. 89-8, eff. 3-21-95; 89-235, eff. 8-4-95;
2 89-481, eff. 1-1-97; 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
3 90-793, eff. 8-14-98.)
4 Section 10. The Unified Code of Corrections is amended
5 by adding Section 5-8A-6 as follows:
6 (730 ILCS 5/5-8A-6 new)
7 Sec. 5-8A-6. Periods in which participant is not being
8 monitored; victim notification.
9 (a) If a crime victim as defined in the Rights of Crime
10 Victims and Witnesses Act notifies the supervising authority
11 that the crime victim desires notification of any period of
12 time in which the participant in an electronic home detention
13 program is not being monitored, the supervising authority
14 must inform the crime victim in advance that the participant
15 will not be monitored at the specific time period or if the
16 participant disconnects the monitoring device, the
17 supervising authority must inform the crime victim
18 immediately upon that discovery that the participant is not
19 being monitored. The crime victim must furnish the
20 supervising authority with a telephone number or voice mail
21 drop box where the crime victim may be contacted.
22 (b) Notwithstanding any other provision of law to the
23 contrary, any supervising authority or any of its employees
24 who fail to comply with the notification provisions of this
25 Section and subsection (e) of Section 4.5 of the Rights of
26 Crime Victims and Witnesses Act are not liable in any civil
27 or criminal actions for that failure to comply with these
28 provisions.