Illinois General Assembly - Full Text of Public Act 095-0896
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Public Act 095-0896


 

Public Act 0896 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0896
 
HB5101 Enrolled LRB095 18111 RLC 44194 b

    AN ACT concerning victim notification.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Rights of Crime Victims and Witnesses Act is
amended by changing Section 4.5 as follows:
 
    (725 ILCS 120/4.5)
    Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges and corrections will provide information,
as appropriate of the following procedures:
    (a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
    (b) The office of the State's Attorney:
        (1) shall provide notice of the filing of information,
    the return of an indictment by which a prosecution for any
    violent crime is commenced, or the filing of a petition to
    adjudicate a minor as a delinquent for a violent crime;
        (2) shall provide notice of the date, time, and place
    of trial;
        (3) or victim advocate personnel shall provide
    information of social services and financial assistance
    available for victims of crime, including information of
    how to apply for these services and assistance;
        (4) shall assist in having any stolen or other personal
    property held by law enforcement authorities for
    evidentiary or other purposes returned as expeditiously as
    possible, pursuant to the procedures set out in Section
    115-9 of the Code of Criminal Procedure of 1963;
        (5) or victim advocate personnel shall provide
    appropriate employer intercession services to ensure that
    employers of victims will cooperate with the criminal
    justice system in order to minimize an employee's loss of
    pay and other benefits resulting from court appearances;
        (6) shall provide information whenever possible, of a
    secure waiting area during court proceedings that does not
    require victims to be in close proximity to defendant or
    juveniles accused of a violent crime, and their families
    and friends;
        (7) shall provide notice to the crime victim of the
    right to have a translator present at all court
    proceedings;
        (8) in the case of the death of a person, which death
    occurred in the same transaction or occurrence in which
    acts occurred for which a defendant is charged with an
    offense, shall notify the spouse, parent, child or sibling
    of the decedent of the date of the trial of the person or
    persons allegedly responsible for the death;
        (9) shall inform the victim of the right to have
    present at all court proceedings, subject to the rules of
    evidence, an advocate or other support person of the
    victim's choice, and the right to retain an attorney, at
    the victim's own expense, who, upon written notice filed
    with the clerk of the court and State's Attorney, is to
    receive copies of all notices, motions and court orders
    filed thereafter in the case, in the same manner as if the
    victim were a named party in the case; and
        (10) at the sentencing hearing shall make a good faith
    attempt to explain the minimum amount of time during which
    the defendant may actually be physically imprisoned. The
    Office of the State's Attorney shall further notify the
    crime victim of the right to request from the Prisoner
    Review Board information concerning the release of the
    defendant under subparagraph (d)(1) of this Section; and
        (11) shall request restitution at sentencing and shall
    consider restitution in any plea negotiation, as provided
    by law.
    (c) At the written request of the crime victim, the office
of the State's Attorney shall:
        (1) provide notice a reasonable time in advance of the
    following court proceedings: preliminary hearing, any
    hearing the effect of which may be the release of defendant
    from custody, or to alter the conditions of bond and the
    sentencing hearing. The crime victim shall also be notified
    of the cancellation of the court proceeding in sufficient
    time, wherever possible, to prevent an unnecessary
    appearance in court;
        (2) provide notice within a reasonable time after
    receipt of notice from the custodian, of the release of the
    defendant on bail or personal recognizance or the release
    from detention of a minor who has been detained for a
    violent crime;
        (3) explain in nontechnical language the details of any
    plea or verdict of a defendant, or any adjudication of a
    juvenile as a delinquent for a violent crime;
        (4) where practical, consult with the crime victim
    before the Office of the State's Attorney makes an offer of
    a plea bargain to the defendant or enters into negotiations
    with the defendant concerning a possible plea agreement,
    and shall consider the written victim impact statement, if
    prepared prior to entering into a plea agreement;
        (5) provide notice of the ultimate disposition of the
    cases arising from an indictment or an information, or a
    petition to have a juvenile adjudicated as a delinquent for
    a violent crime;
        (6) provide notice of any appeal taken by the defendant
    and information on how to contact the appropriate agency
    handling the appeal;
        (7) provide notice of any request for post-conviction
    review filed by the defendant under Article 122 of the Code
    of Criminal Procedure of 1963, and of the date, time and
    place of any hearing concerning the petition. Whenever
    possible, notice of the hearing shall be given in advance;
        (8) forward a copy of any statement presented under
    Section 6 to the Prisoner Review Board to be considered by
    the Board in making its determination under subsection (b)
    of Section 3-3-8 of the Unified Code of Corrections.
    (d) (1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a violent crime
from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
Prisoner Review Board, upon written request, shall provide to a
victim or any other concerned citizen a recent photograph of
any person convicted of a felony, upon his or her release from
custody. The Prisoner Review Board, upon written request, shall
inform a victim or any other concerned citizen when feasible at
least 7 days prior to the prisoner's release on furlough of the
times and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's Attorney
shall notify the person once of the times and dates of release
of a prisoner sentenced to periodic imprisonment. Notification
shall be based on the most recent information as to victim's or
other concerned citizen's residence or other location
available to the notifying authority. For purposes of this
paragraph (1) of subsection (d), "concerned citizen" includes
relatives of the victim, friends of the victim, witnesses to
the crime, or any other person associated with the victim or
prisoner.
        (2) When the defendant has been committed to the
    Department of Human Services pursuant to Section 5-2-4 or
    any other provision of the Unified Code of Corrections, the
    victim may request to be notified by the releasing
    authority of the defendant's discharge from State custody.
        (3) In the event of an escape from State custody, the
    Department of Corrections or the Department of Juvenile
    Justice immediately shall notify the Prisoner Review Board
    of the escape and the Prisoner Review Board shall notify
    the victim. The notification shall be based upon the most
    recent information as to the victim's residence or other
    location available to the Board. When no such information
    is available, the Board shall make all reasonable efforts
    to obtain the information and make the notification. When
    the escapee is apprehended, the Department of Corrections
    or the Department of Juvenile Justice immediately shall
    notify the Prisoner Review Board and the Board shall notify
    the victim.
        (4) The victim of the crime for which the prisoner has
    been sentenced shall receive reasonable written notice not
    less than 15 days prior to the parole hearing and may
    submit, in writing, on film, videotape or other electronic
    means or in the form of a recording or in person at the
    parole hearing or if a victim of a violent crime, by
    calling the toll-free number established in subsection (f)
    of this Section, information for consideration by the
    Prisoner Review Board. The victim shall be notified within
    7 days after the prisoner has been granted parole and shall
    be informed of the right to inspect the registry of parole
    decisions, established under subsection (g) of Section
    3-3-5 of the Unified Code of Corrections. The provisions of
    this paragraph (4) are subject to the Open Parole Hearings
    Act.
        (5) If a statement is presented under Section 6, the
    Prisoner Review Board shall inform the victim of any order
    of discharge entered by the Board pursuant to Section 3-3-8
    of the Unified Code of Corrections.
        (6) At the written request of the victim of the crime
    for which the prisoner was sentenced, the Prisoner Review
    Board shall notify the victim of the death of the prisoner
    if the prisoner died while on parole or mandatory
    supervised release.
        (7) When a defendant who has been committed to the
    Department of Corrections, the Department of Juvenile
    Justice, or the Department of Human Services is released or
    discharged and subsequently committed to the Department of
    Human Services as a sexually violent person and the victim
    had requested to be notified by the releasing authority of
    the defendant's discharge from State custody, the
    releasing authority shall provide to the Department of
    Human Services such information that would allow the
    Department of Human Services to contact the victim.
        (8) When a defendant has been convicted of a sex
    offense as defined in Section 2 of the Sex Offender
    Registration Act and has been sentenced to the Department
    of Corrections or the Department of Juvenile Justice, the
    Prisoner Review Board shall notify the victim of the sex
    offense of the prisoner's eligibility for release on
    parole, mandatory supervised release, electronic
    detention, work release, international transfer or
    exchange, or by the custodian of the discharge of any
    individual who was adjudicated a delinquent for a sex
    offense from State custody and by the sheriff of the
    appropriate county of any such person's final discharge
    from county custody. The notification shall be made to the
    victim at least 30 days, whenever possible, before release
    of the sex offender.
    (e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
    (f) To permit a victim of a violent crime to provide
information to the Prisoner Review Board for consideration by
the Board at a parole hearing of a person who committed the
crime against the victim in accordance with clause (d)(4) of
this Section or at a proceeding to determine the conditions of
mandatory supervised release of a person sentenced to a
determinate sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence, the Board shall establish a toll-free number that may
be accessed by the victim of a violent crime to present that
information to the Board.
(Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
 
    Section 10. The Sexually Violent Persons Commitment Act is
amended by changing Section 75 as follows:
 
    (725 ILCS 207/75)
    Sec. 75. Notice concerning conditional release, discharge,
escape, death, or court-ordered change in the custody status of
a detainee or civilly committed sexually violent person.
    (a) As used in this Section, the term:
        (1) "Act of sexual violence" means an act or attempted
    act that is a basis for an allegation made in a petition
    under paragraph (b)(1) of Section 15 of this Act.
        (2) "Member of the family" means spouse, child,
    sibling, parent, or legal guardian.
        (3) "Victim" means a person against whom an act of
    sexual violence has been committed.
    (b) If the court places a civilly committed sexually
violent person on conditional release under Section 40 or 60 of
this Act or discharges a person under Section 65, or if a
detainee or civilly committed sexually violent person escapes,
dies, or is subject to any court-ordered change in custody
status of the detainee or sexually violent person, the
Department shall make a reasonable attempt, if he or she can be
found, to notify all of the following who have requested
notification under this Act or under the Rights of Crime
Victims and Witnesses Act:
        (1) Whichever of the following persons is appropriate
    in accordance with the provisions of subsection (a)(3):
            (A) The victim of the act of sexual violence.
            (B) An adult member of the victim's family, if the
        victim died as a result of the act of sexual violence.
            (C) The victim's parent or legal guardian, if the
        victim is younger than 18 years old.
        (2) The Department of Corrections or the Department of
    Juvenile Justice.
    (c) The notice under subsection (b) of this Section shall
inform the Department of Corrections or the Department of
Juvenile Justice and the person notified under paragraph (b)(1)
of this Section of the name of the person committed under this
Act and the date the person is placed on conditional release,
discharged, or if a detainee or civilly committed sexually
violent person escapes, dies, or is subject to any
court-ordered change in the custody status of the detainee or
sexually violent person. The Department shall send the notice,
postmarked at least 60 7 days before the date the person
committed under this Act is placed on conditional release,
discharged, or if a detainee or civilly committed sexually
violent person escapes, dies, or is subject to any
court-ordered change in the custody status of the detainee or
sexually violent person, unless unusual circumstances do not
permit advance written notification, to the Department of
Corrections or the Department of Juvenile Justice and the
last-known address of the person notified under paragraph
(b)(1) of this Section.
    (d) The Department shall design and prepare cards for
persons specified in paragraph (b)(1) of this Section to send
to the Department. The cards shall have space for these persons
to provide their names and addresses, the name of the person
committed under this Act and any other information the
Department determines is necessary. The Department shall
provide the cards, without charge, to the Attorney General and
State's Attorneys. The Attorney General and State's Attorneys
shall provide the cards, without charge, to persons specified
in paragraph (b)(1) of this Section. These persons may send
completed cards to the Department. All records or portions of
records of the Department that relate to mailing addresses of
these persons are not subject to inspection or copying under
Section 3 of the Freedom of Information Act.
(Source: P.A. 93-885, eff. 8-6-04; 94-696, eff. 6-1-06.)
 
    Section 15. The Sex Offender Community Notification Law is
amended by changing Section 120 as follows:
 
    (730 ILCS 152/120)
    (Text of Section after amendment by P.A. 95-640)
    Sec. 120. Community notification of sex offenders.
    (a) The sheriff of the county, except Cook County, shall
disclose to the following the name, address, date of birth,
place of employment, school attended, e-mail addresses,
instant messaging identities, chat room identities, other
Internet communications identities, all Uniform Resource
Locators (URLs) registered or used by the sex offender, all
blogs and other Internet sites maintained by the sex offender
or to which the sex offender has uploaded any content or posted
any messages or information, and offense or adjudication of all
sex offenders required to register under Section 3 of the Sex
Offender Registration Act:
        (1) The boards of institutions of higher education or
    other appropriate administrative offices of each
    non-public institution of higher education located in the
    county where the sex offender is required to register,
    resides, is employed, or is attending an institution of
    higher education;
        (2) School boards of public school districts and the
    principal or other appropriate administrative officer of
    each nonpublic school located in the county where the sex
    offender is required to register or is employed;
        (3) Child care facilities located in the county where
    the sex offender is required to register or is employed;
    and
        (4) Libraries located in the county where the sex
    offender is required to register or is employed; .
        (5) (4) Public libraries located in the county where
    the sex offender is required to register or is employed;
        (6) (5) Public housing agencies located in the county
    where the sex offender is required to register or is
    employed;
        (7) (6) The Illinois Department of Children and Family
    Services;
        (8) (7) Social service agencies providing services to
    minors located in the county where the sex offender is
    required to register or is employed; and
        (9) (8) Volunteer organizations providing services to
    minors located in the county where the sex offender is
    required to register or is employed; and .
        (10) A victim of a sex offense residing in the county
    where the sex offender is required to register or is
    employed, who is not otherwise required to be notified
    under Section 4.5 of the Rights of Crime Victims and
    Witnesses Act or Section 75 of the Sexually Violent Persons
    Commitment Act.
    (a-2) The sheriff of Cook County shall disclose to the
following the name, address, date of birth, place of
employment, school attended, e-mail addresses, instant
messaging identities, chat room identities, other Internet
communications identities, all Uniform Resource Locators
(URLs) registered or used by the sex offender, all blogs and
other Internet sites maintained by the sex offender or to which
the sex offender has uploaded any content or posted any
messages or information, and offense or adjudication of all sex
offenders required to register under Section 3 of the Sex
Offender Registration Act:
        (1) School boards of public school districts and the
    principal or other appropriate administrative officer of
    each nonpublic school located within the region of Cook
    County, as those public school districts and nonpublic
    schools are identified in LEADS, other than the City of
    Chicago, where the sex offender is required to register or
    is employed;
        (2) Child care facilities located within the region of
    Cook County, as those child care facilities are identified
    in LEADS, other than the City of Chicago, where the sex
    offender is required to register or is employed;
        (3) The boards of institutions of higher education or
    other appropriate administrative offices of each
    non-public institution of higher education located in the
    county, other than the City of Chicago, where the sex
    offender is required to register, resides, is employed, or
    attending an institution of higher education; and
        (4) Libraries located in the county, other than the
    City of Chicago, where the sex offender is required to
    register, resides, is employed, or is attending an
    institution of higher education; .
        (5) (4) Public libraries located in the county, other
    than the City of Chicago, where the sex offender is
    required to register, resides, is employed, or attending an
    institution of higher education;
        (6) (5) Public housing agencies located in the county,
    other than the City of Chicago, where the sex offender is
    required to register, resides, is employed, or attending an
    institution of higher education;
        (7) (6) The Illinois Department of Children and Family
    Services;
        (8) (7) Social service agencies providing services to
    minors located in the county, other than the City of
    Chicago, where the sex offender is required to register,
    resides, is employed, or attending an institution of higher
    education; and
        (9) (8) Volunteer organizations providing services to
    minors located in the county, other than the City of
    Chicago, where the sex offender is required to register,
    resides, is employed, or attending an institution of higher
    education; and .
        (10) A victim of a sex offense residing in the county,
    other than the City of Chicago, where the sex offender is
    required to register, resides, is employed, or attends an
    institution of higher education, who is not otherwise
    required to be notified under Section 4.5 of the Rights of
    Crime Victims and Witnesses Act or Section 75 of the
    Sexually Violent Persons Commitment Act.
    (a-3) The Chicago Police Department shall disclose to the
following the name, address, date of birth, place of
employment, school attended, e-mail addresses, instant
messaging identities, chat room identities, other Internet
communications identities, all Uniform Resource Locators
(URLs) registered or used by the sex offender, all blogs and
other Internet sites maintained by the sex offender or to which
the sex offender has uploaded any content or posted any
messages or information, and offense or adjudication of all sex
offenders required to register under Section 3 of the Sex
Offender Registration Act:
        (1) School boards of public school districts and the
    principal or other appropriate administrative officer of
    each nonpublic school located in the police district where
    the sex offender is required to register or is employed if
    the offender is required to register or is employed in the
    City of Chicago;
        (2) Child care facilities located in the police
    district where the sex offender is required to register or
    is employed if the offender is required to register or is
    employed in the City of Chicago;
        (3) The boards of institutions of higher education or
    other appropriate administrative offices of each
    non-public institution of higher education located in the
    police district where the sex offender is required to
    register, resides, is employed, or attending an
    institution of higher education in the City of Chicago; and
        (4) Libraries located in the police district where the
    sex offender is required to register or is employed if the
    offender is required to register or is employed in the City
    of Chicago; .
        (5) (4) Public libraries located in the police district
    where the sex offender is required to register, resides, is
    employed, or attending an institution of higher education
    in the City of Chicago;
        (6) (5) Public housing agencies located in the police
    district where the sex offender is required to register,
    resides, is employed, or attending an institution of higher
    education in the City of Chicago;
        (7) (6) The Illinois Department of Children and Family
    Services;
        (8) (7) Social service agencies providing services to
    minors located in the police district where the sex
    offender is required to register, resides, is employed, or
    attending an institution of higher education in the City of
    Chicago; and
        (9) (8) Volunteer organizations providing services to
    minors located in the police district where the sex
    offender is required to register, resides, is employed, or
    attending an institution of higher education in the City of
    Chicago; and .
        (10) A victim of a sex offense residing in the police
    district where the sex offender is required to register,
    resides, is employed, or attends an institution of higher
    education in the City of Chicago, who is not otherwise
    required to be notified under Section 4.5 of the Rights of
    Crime Victims and Witnesses Act or Section 75 of the
    Sexually Violent Persons Commitment Act.
    (a-4) The Department of State Police shall provide a list
of sex offenders required to register to the Illinois
Department of Children and Family Services.
    (b) The Department of State Police and any law enforcement
agency may disclose, in the Department's or agency's
discretion, the following information to any person likely to
encounter a sex offender, or sexual predator:
        (1) The offender's name, address, date of birth, e-mail
    addresses, instant messaging identities, chat room
    identities, and other Internet communications identities,
    all Uniform Resource Locators (URLs) registered or used by
    the sex offender, and all blogs and other Internet sites
    maintained by the sex offender or to which the sex offender
    has uploaded any content or posted any messages or
    information.
        (2) The offense for which the offender was convicted.
        (3) Adjudication as a sexually dangerous person.
        (4) The offender's photograph or other such
    information that will help identify the sex offender.
        (5) Offender employment information, to protect public
    safety.
    (c) The name, address, date of birth, e-mail addresses,
instant messaging identities, chat room identities, other
Internet communications identities, all Uniform Resource
Locators (URLs) registered or used by the sex offender, all
blogs and other Internet sites maintained by the sex offender
or to which the sex offender has uploaded any content or posted
any messages or information, offense or adjudication, the
county of conviction, license plate numbers for every vehicle
registered in the name of the sex offender, the age of the sex
offender at the time of the commission of the offense, the age
of the victim at the time of the commission of the offense, and
any distinguishing marks located on the body of the sex
offender for sex offenders required to register under Section 3
of the Sex Offender Registration Act shall be open to
inspection by the public as provided in this Section. Every
municipal police department shall make available at its
headquarters the information on all sex offenders who are
required to register in the municipality under the Sex Offender
Registration Act. The sheriff shall also make available at his
or her headquarters the information on all sex offenders who
are required to register under that Act and who live in
unincorporated areas of the county. Sex offender information
must be made available for public inspection to any person, no
later than 72 hours or 3 business days from the date of the
request. The request must be made in person, in writing, or by
telephone. Availability must include giving the inquirer
access to a facility where the information may be copied. A
department or sheriff may charge a fee, but the fee may not
exceed the actual costs of copying the information. An inquirer
must be allowed to copy this information in his or her own
handwriting. A department or sheriff must allow access to the
information during normal public working hours. The sheriff or
a municipal police department may publish the photographs of
sex offenders where any victim was 13 years of age or younger
and who are required to register in the municipality or county
under the Sex Offender Registration Act in a newspaper or
magazine of general circulation in the municipality or county
or may disseminate the photographs of those sex offenders on
the Internet or on television. The law enforcement agency may
make available the information on all sex offenders residing
within any county.
    (d) The Department of State Police and any law enforcement
agency having jurisdiction may, in the Department's or agency's
discretion, place the information specified in subsection (b)
on the Internet or in other media.
    (e) (Blank).
    (f) The administrator of a transitional housing facility
for sex offenders shall comply with the notification procedures
established in paragraph (4) of subsection (b) of Section
3-17-5 of the Unified Code of Corrections.
    (g) A principal or teacher of a public or private
elementary or secondary school shall notify the parents of
children attending the school during school registration or
during parent-teacher conferences that information about sex
offenders is available to the public as provided in this Act.
    (h) In order to receive notice under paragraph (10) of
subsection (a), paragraph (10) of subsection (a-2), or
paragraph (10) of subsection (a-3), the victim of the sex
offense must notify the appropriate sheriff or the Chicago
Police Department in writing, by facsimile transmission, or by
e-mail that the victim desires to receive such notice.
    (i) For purposes of this Section, "victim of a sex offense"
means:
        (1) the victim of the sex offense; or
        (2) a single representative who may be the spouse,
    parent, child, or sibling of a person killed during the
    course of a sex offense perpetrated against the person
    killed or the spouse, parent, child, or sibling of any
    victim of a sex offense who is physically or mentally
    incapable of comprehending or requesting notice.
(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06;
94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff.
8-17-07; 95-640, eff. 6-1-08; revised 11-19-07.)

Effective Date: 1/1/2009