State of Illinois
92nd General Assembly
Legislation

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92_HB1922

 
                                               LRB9206547RCcd

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Rights of Crime Victims and Witnesses
 5    Act 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
13    the status of the investigation,  except  where  the  State's
14    Attorney determines that disclosure of such information would
15    unreasonably  interfere  with  the  investigation, until such
16    time  as  the  alleged  assailant  is  apprehended   or   the
17    investigation is closed.
18        (b)  The office of the State's Attorney:
19             (1)  shall   provide   notice   of   the  filing  of
20        information, the return  of  an  indictment  by  which  a
21        prosecution  for  any  violent crime is commenced, or the
22        filing  of  a  petition  to  adjudicate  a  minor  as   a
23        delinquent for a violent crime;
24             (2)  shall  provide  notice  of  the date, time, and
25        place of trial;
26             (3)  or  victim  advocate  personnel  shall  provide
27        information of social services and  financial  assistance
28        available  for victims of crime, including information of
29        how to apply for these services and assistance;
30             (4)  shall assist in  having  any  stolen  or  other
31        personal property held by law enforcement authorities for
 
                            -2-                LRB9206547RCcd
 1        evidentiary  or  other purposes returned as expeditiously
 2        as possible,  pursuant  to  the  procedures  set  out  in
 3        Section 115-9 of the Code of Criminal Procedure of 1963;
 4             (5)  or  victim  advocate  personnel  shall  provide
 5        appropriate employer intercession services to ensure that
 6        employers  of  victims  will  cooperate with the criminal
 7        justice system in order to minimize an employee's loss of
 8        pay and other benefits resulting from court appearances;
 9             (6)  shall provide information whenever possible, of
10        a secure waiting area during court proceedings that  does
11        not require victims to be in close proximity to defendant
12        or  juveniles  accused  of  a  violent  crime,  and their
13        families and friends;
14             (7)  shall provide notice to the crime victim of the
15        right  to  have  a  translator  present  at   all   court
16        proceedings;
17             (8)  in  the  case  of  the death of a person, which
18        death occurred in the same transaction or  occurrence  in
19        which acts occurred for which a defendant is charged with
20        an  offense,  shall  notify  the spouse, parent, child or
21        sibling of the decedent of the date of the trial  of  the
22        person or persons allegedly responsible for the death;
23             (9)  shall  inform  the  victim of the right to have
24        present at all court proceedings, subject to the rules of
25        evidence, an advocate or  other  support  person  of  the
26        victim's  choice, and the right to retain an attorney, at
27        the victim's own expense, who, upon written notice  filed
28        with  the  clerk of the court and State's Attorney, is to
29        receive copies of all notices, motions and  court  orders
30        filed  thereafter  in  the case, in the same manner as if
31        the victim were a named party in the case; and
32             (10)  at the sentencing hearing shall  make  a  good
33        faith  attempt  to  explain  the  minimum  amount of time
34        during which the defendant  may  actually  be  physically
 
                            -3-                LRB9206547RCcd
 1        imprisoned.   The  Office  of  the State's Attorney shall
 2        further notify the crime victim of the right  to  request
 3        from the Prisoner Review Board information concerning the
 4        release  of  the  defendant  under subparagraph (d)(1) of
 5        this Section; and
 6             (11)  shall request restitution  at  sentencing  and
 7        shall  consider  restitution  in any plea negotiation, as
 8        provided by law.
 9        (c)  At the written request  of  the  crime  victim,  the
10    office of the State's Attorney shall:
11             (1)  provide  notice a reasonable time in advance of
12        the following court proceedings: preliminary hearing, any
13        hearing the  effect  of  which  may  be  the  release  of
14        defendant  from  custody,  or  to alter the conditions of
15        bond and the sentencing hearing.  The crime victim  shall
16        also  be  notified  of  the  cancellation  of  the  court
17        proceeding  in  sufficient  time,  wherever  possible, to
18        prevent an unnecessary appearance in court;
19             (2)  provide notice within a reasonable  time  after
20        receipt  of  notice from the custodian, of the release of
21        the defendant on bail or  personal  recognizance  or  the
22        release  from  detention of a minor who has been detained
23        for a violent crime;
24             (3)  explain in nontechnical language the details of
25        any plea or verdict of a defendant, or  any  adjudication
26        of a juvenile as a delinquent for a violent crime;
27             (4)  where  practical, consult with the crime victim
28        before the Office of the State's Attorney makes an  offer
29        of  a  plea  bargain  to  the  defendant  or  enters into
30        negotiations with the  defendant  concerning  a  possible
31        plea  agreement,  and  shall  consider the written victim
32        impact statement, if prepared prior to  entering  into  a
33        plea agreement;
34             (5)  provide  notice  of the ultimate disposition of
 
                            -4-                LRB9206547RCcd
 1        the cases arising from an indictment or  an  information,
 2        or  a  petition  to  have  a  juvenile  adjudicated  as a
 3        delinquent for a violent crime;
 4             (6)  provide notice  of  any  appeal  taken  by  the
 5        defendant   and   information   on  how  to  contact  the
 6        appropriate agency handling the appeal;
 7             (7)  provide   notice    of    any    request    for
 8        post-conviction  review  filed  by  the  defendant  under
 9        Article  122  of  the Code of Criminal Procedure of 1963,
10        and of the date, time and place of any hearing concerning
11        the petition.  Whenever possible, notice of  the  hearing
12        shall be given in advance;
13             (8)  forward a copy of any statement presented under
14        Section  6  to the Prisoner Review Board to be considered
15        by the Board in making its determination under subsection
16        (b) of Section 3-3-8 of the Unified Code of Corrections.
17        (d) (1)  The Prisoner Review Board shall inform a  victim
18        or  any other concerned citizen, upon written request, of
19        the prisoner's release on  parole,  mandatory  supervised
20        release,  electronic  detention,  work  release or by the
21        custodian of the discharge  of  any  individual  who  was
22        adjudicated  a  delinquent for a violent crime from State
23        custody and by the sheriff of the appropriate  county  of
24        any  such  person's  final discharge from county custody.
25        The Prisoner Review Board, upon  written  request,  shall
26        provide  to  a  victim  or  any other concerned citizen a
27        recent photograph of any person convicted  of  a  felony,
28        upon his or her release from custody. The Prisoner Review
29        Board, upon written request, shall inform a victim or any
30        other  concerned  citizen  when  feasible at least 7 days
31        prior to the prisoner's release on furlough of the  times
32        and  dates of such furlough.  Upon written request by the
33        victim  or  any  other  concerned  citizen,  the  State's
34        Attorney shall notify the person once of  the  times  and
 
                            -5-                LRB9206547RCcd
 1        dates  of  release  of  a  prisoner sentenced to periodic
 2        imprisonment.  Notification shall be based  on  the  most
 3        recent  information  as  to  victim's  or other concerned
 4        citizen's residence or other location  available  to  the
 5        notifying  authority.  For purposes of this paragraph (1)
 6        of subsection (d), "concerned citizen" includes relatives
 7        of the victim, friends of the victim,  witnesses  to  the
 8        crime,  or any other person associated with the victim or
 9        prisoner.
10             (2)  When the defendant has been  committed  to  the
11        Department of Human Services pursuant to Section 5-2-4 or
12        any  other  provision of the Unified Code of Corrections,
13        the victim may request to be notified  by  the  releasing
14        authority   of   the  defendant's  discharge  from  State
15        custody.
16             (3)  In the event of an escape from  State  custody,
17        the  Department  of  Corrections immediately shall notify
18        the Prisoner Review Board of the escape and the  Prisoner
19        Review  Board  shall notify the victim.  The notification
20        shall be based upon the most recent information as to the
21        victim's residence or other  location  available  to  the
22        Board.   When no such information is available, the Board
23        shall  make  all  reasonable  efforts   to   obtain   the
24        information  and make the notification.  When the escapee
25        is apprehended, the Department of Corrections immediately
26        shall notify the Prisoner  Review  Board  and  the  Board
27        shall notify the victim.
28             (4)  The  victim,  witnesses,  and family members of
29        the victim of the crime for which the prisoner  has  been
30        sentenced  shall  receive  reasonable  written notice not
31        less than 15 days prior to the  parole  hearing  and  may
32        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
 
                            -6-                LRB9206547RCcd
 1        consideration  by the Prisoner Review Board.  The victim,
 2        witnesses, and family members of  the  victim   shall  be
 3        notified  within  7  days  after  the  prisoner  has been
 4        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.  For purposes of
 9        this paragraph (4), "family members"  means  the  spouse,
10        parents, children, or siblings of the victim.
11             (5)  If  a  statement  is presented under Section 6,
12        the Prisoner Review Board shall inform the victim of  any
13        order  of  discharge  entered  by  the  Board pursuant to
14        Section 3-3-8 of the Unified Code of Corrections.
15             (6)  At the written request of  the  victim  of  the
16        crime  for which the prisoner was sentenced, the Prisoner
17        Review Board shall notify the victim of the death of  the
18        prisoner   if  the  prisoner  died  while  on  parole  or
19        mandatory supervised release.
20             (7)  When a defendant who has been committed to  the
21        Department  of  Corrections  or  the  Department of Human
22        Services  is  released  or  discharged  and  subsequently
23        committed to  the  Department  of  Human  Services  as  a
24        sexually  violent  person and the victim had requested to
25        be notified by the releasing authority of the defendant's
26        discharge from State  custody,  the  releasing  authority
27        shall  provide  to  the Department of Human Services such
28        information that would  allow  the  Department  of  Human
29        Services to contact the victim.
30        (e)  The officials named in this Section may satisfy some
31    or  all  of  their  obligations  to provide notices and other
32    information through participation in a statewide  victim  and
33    witness  notification  system  established  by  the  Attorney
34    General under Section 8.5 of this Act.
 
                            -7-                LRB9206547RCcd
 1    (Source:  P.A.  90-14,  eff.  7-1-97;  90-793,  eff. 8-14-98;
 2    91-237, eff. 1-1-00; 91-693, eff. 4-13-00.)

 3        Section  10.  The Unified Code of Corrections is  amended
 4    by changing Section 3-3-4 as follows:

 5        (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
 6        Sec. 3-3-4.  Preparation for Parole Hearing.
 7        (a)  The  Prisoner Review Board shall consider the parole
 8    of each eligible person committed to the  Adult  Division  at
 9    least  30  days  prior  to  the  date  he  shall first become
10    eligible for parole, and shall consider the  parole  of  each
11    person  committed to the Juvenile Division as a delinquent at
12    least 30 days prior to the expiration of the  first  year  of
13    confinement.
14        (b)  A  person  eligible  for parole shall, in advance of
15    his parole hearing, prepare a parole plan in accordance  with
16    the  rules  of the Prisoner Review Board. The person shall be
17    assisted in preparing his parole plan  by  personnel  of  the
18    Department and may, for this purpose, be released on furlough
19    under  Article  11  or  on  authorized  absence under Section
20    3-9-4.  The  Department  shall  also  provide  assistance  in
21    obtaining information and records helpful to  the  individual
22    for his parole hearing.
23        (c)  The  members  of  the Board shall have access at all
24    reasonable times to any committed person and  to  his  master
25    record  file  within the Department, and the Department shall
26    furnish such reports to the Board as the  Board  may  require
27    concerning the conduct and character of any such person.
28        (d)  In  making  its  determination  of parole, the Board
29    shall consider:
30             (1)  material transmitted to the Department  by  the
31        clerk  of  the  committing  court  under Section 5-4-1 or
32        Section 5-10 of the Juvenile Court Act or  Section  5-750
 
                            -8-                LRB9206547RCcd
 1        of the Juvenile Court Act of 1987;
 2             (2)  the report under Section 3-8-2 or 3-10-2;
 3             (3)  a  report  by  the Department and any report by
 4        the chief administrative officer of  the  institution  or
 5        facility;
 6             (4)  a parole progress report;
 7             (5)  a   medical   and   psychological   report,  if
 8        requested by the Board;
 9             (6)  material in writing, or on film, video tape  or
10        other  electronic  means  in  the  form  of  a  recording
11        submitted by the person whose parole is being considered;
12        and
13             (7)  material  in writing, or on film, video tape or
14        other electronic means in the  form  of  a  recording  or
15        testimony  submitted  by  the  State's  Attorney  and the
16        victim, witnesses, and family members of the victim under
17        the pursuant to the Bill of Rights of Crime  for  Victims
18        and Witnesses of Violent Crime Act.
19        (e)  The  prosecuting  State's  Attorney's  office  shall
20    receive reasonable written notice not less than 15 days prior
21    to  the parole hearing and may submit relevant information in
22    writing, or on film, video tape or other electronic means  or
23    in   the   form   of   a  recording  to  the  Board  for  its
24    consideration.  The State's Attorney may  waive  the  written
25    notice.
26        (f)  The  victim,  witnesses,  and  family members of the
27    victim of the violent crime for which the prisoner  has  been
28    sentenced  shall  receive  notice  of  a  parole  hearing  as
29    provided in paragraph (16) of Section 4 of the Bill of Rights
30    of Crime for Victims and Witnesses of Violent Crime Act.
31        (g)  Any  recording  considered  under  the provisions of
32    subsection (d)(6), (d)(7) or (e) of this Section shall be  in
33    the  form  designated  by  the Board. Such recording shall be
34    both visual and aural.  Every  voice  on  the  recording  and
 
                            -9-                LRB9206547RCcd
 1    person  present  shall  be identified and the recording shall
 2    contain either a visual or  aural  statement  of  the  person
 3    submitting  such recording, the date of the recording and the
 4    name  of  the  person  whose  parole  eligibility  is   being
 5    considered.   Such recordings, if retained by the Board shall
 6    be deemed to be submitted at any subsequent parole hearing if
 7    the victim, witnesses, and family members of the  victim,  or
 8    State's  Attorney  submits  in  writing a declaration clearly
 9    identifying  such  recording  as  representing  the   present
10    position  of the victim, witnesses, and family members of the
11    victim, or  State's  Attorney  regarding  the  issues  to  be
12    considered at the parole hearing.
13    (Source: P.A. 90-590, eff. 1-1-99.)

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