Rep. Justin Slaughter
Filed: 3/14/2019
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| 1 | AMENDMENT TO HOUSE BILL 3584
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| 2 | AMENDMENT NO. ______. Amend House Bill 3584 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Rights of Crime Victims and Witnesses Act | ||||||
| 5 | is amended by changing Sections 4.5 and 6 as follows:
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| 6 | (725 ILCS 120/4.5)
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| 7 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
| 8 | victims. To afford
crime victims their rights, law enforcement, | ||||||
| 9 | prosecutors, judges, and
corrections will provide information, | ||||||
| 10 | as appropriate, of the following
procedures:
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| 11 | (a) At the request of the crime victim, law enforcement | ||||||
| 12 | authorities
investigating the case shall provide notice of the | ||||||
| 13 | status of the investigation,
except where the State's Attorney | ||||||
| 14 | determines that disclosure of such
information would | ||||||
| 15 | unreasonably interfere with the investigation, until such
time | ||||||
| 16 | as the alleged assailant is apprehended or the investigation is | ||||||
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| 1 | closed.
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| 2 | (a-5) When law enforcement authorities reopen re-open a | ||||||
| 3 | closed case to resume investigating, they shall provide notice | ||||||
| 4 | of the reopening re-opening of the case, except where the | ||||||
| 5 | State's Attorney determines that disclosure of such | ||||||
| 6 | information would unreasonably interfere with the | ||||||
| 7 | investigation. | ||||||
| 8 | (b) The office of the State's Attorney:
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| 9 | (1) shall provide notice of the filing of an | ||||||
| 10 | information, the return of an
indictment, or the
filing of | ||||||
| 11 | a petition to adjudicate a minor as a delinquent for a | ||||||
| 12 | violent
crime;
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| 13 | (2) shall provide timely notice of the date, time, and | ||||||
| 14 | place of court proceedings; of any change in the date, | ||||||
| 15 | time, and place of court proceedings; and of any | ||||||
| 16 | cancellation of court proceedings. Notice shall be | ||||||
| 17 | provided in sufficient time, wherever possible, for the | ||||||
| 18 | victim to
make arrangements to attend or to prevent an | ||||||
| 19 | unnecessary appearance at court proceedings;
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| 20 | (3) or victim advocate personnel shall provide | ||||||
| 21 | information of social
services and financial assistance | ||||||
| 22 | available for victims of crime, including
information of | ||||||
| 23 | how to apply for these services and assistance;
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| 24 | (3.5) or victim advocate personnel shall provide | ||||||
| 25 | information about available victim services, including | ||||||
| 26 | referrals to programs, counselors, and agencies that | ||||||
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| 1 | assist a victim to deal with trauma, loss, and grief; | ||||||
| 2 | (4) shall assist in having any stolen or other personal | ||||||
| 3 | property held by
law enforcement authorities for | ||||||
| 4 | evidentiary or other purposes returned as
expeditiously as | ||||||
| 5 | possible, pursuant to the procedures set out in Section | ||||||
| 6 | 115-9
of the Code of Criminal Procedure of 1963;
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| 7 | (5) or victim advocate personnel shall provide | ||||||
| 8 | appropriate employer
intercession services to ensure that | ||||||
| 9 | employers of victims will cooperate with
the criminal | ||||||
| 10 | justice system in order to minimize an employee's loss of | ||||||
| 11 | pay and
other benefits resulting from court appearances;
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| 12 | (6) shall provide, whenever possible, a secure waiting
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| 13 | area during court proceedings that does not require victims | ||||||
| 14 | to be in close
proximity to defendants or juveniles accused | ||||||
| 15 | of a violent crime, and their
families and friends;
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| 16 | (7) shall provide notice to the crime victim of the | ||||||
| 17 | right to have a
translator present at all court proceedings | ||||||
| 18 | and, in compliance with the federal Americans
with | ||||||
| 19 | Disabilities Act of 1990, the right to communications | ||||||
| 20 | access through a
sign language interpreter or by other | ||||||
| 21 | means;
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| 22 | (8) (blank);
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| 23 | (8.5) shall inform the victim of the right to be | ||||||
| 24 | present at all court proceedings, unless the victim is to | ||||||
| 25 | testify and the court determines that the victim's | ||||||
| 26 | testimony would be materially affected if the victim hears | ||||||
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| 1 | other testimony at trial; | ||||||
| 2 | (9) shall inform the victim of the right to have | ||||||
| 3 | present at all court
proceedings, subject to the rules of | ||||||
| 4 | evidence and confidentiality, an advocate and other | ||||||
| 5 | support
person of the victim's choice; | ||||||
| 6 | (9.3) shall inform the victim of the right to retain an | ||||||
| 7 | attorney, at the
victim's own expense, who, upon written | ||||||
| 8 | notice filed with the clerk of the
court and State's | ||||||
| 9 | Attorney, is to receive copies of all notices, motions, and
| ||||||
| 10 | court orders filed thereafter in the case, in the same | ||||||
| 11 | manner as if the victim
were a named party in the case;
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| 12 | (9.5) shall inform the victim of (A) the victim's right | ||||||
| 13 | under Section 6 of this Act to make a statement at the | ||||||
| 14 | sentencing hearing; (B) the right of the victim's spouse, | ||||||
| 15 | guardian, parent, grandparent, and other immediate family | ||||||
| 16 | and household members under Section 6 of this Act to | ||||||
| 17 | present a statement at sentencing; and (C) if a presentence | ||||||
| 18 | report is to be prepared, the right of the victim's spouse, | ||||||
| 19 | guardian, parent, grandparent, and other immediate family | ||||||
| 20 | and household members to submit information to the preparer | ||||||
| 21 | of the presentence report about the effect the offense has | ||||||
| 22 | had on the victim and the person; | ||||||
| 23 | (10) at the sentencing shall make a good faith attempt | ||||||
| 24 | to explain
the minimum amount of time during which the | ||||||
| 25 | defendant may actually be
physically imprisoned. The | ||||||
| 26 | Office of the State's Attorney shall further notify
the | ||||||
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| 1 | crime victim of the right to request from the Prisoner | ||||||
| 2 | Review Board
or Department of Juvenile Justice information | ||||||
| 3 | concerning the release of the defendant;
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| 4 | (11) shall request restitution at sentencing and as | ||||||
| 5 | part of a plea agreement if the victim requests | ||||||
| 6 | restitution;
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| 7 | (12) shall, upon the court entering a verdict of not | ||||||
| 8 | guilty by reason of insanity, inform the victim of the | ||||||
| 9 | notification services available from the Department of | ||||||
| 10 | Human Services, including the statewide telephone number, | ||||||
| 11 | under subparagraph (d)(2) of this Section;
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| 12 | (13) shall provide notice within a reasonable time | ||||||
| 13 | after receipt of notice from
the custodian, of the release | ||||||
| 14 | of the defendant on bail or personal recognizance
or the | ||||||
| 15 | release from detention of a minor who has been detained;
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| 16 | (14) shall explain in nontechnical language the | ||||||
| 17 | details of any plea or verdict of
a defendant, or any | ||||||
| 18 | adjudication of a juvenile as a delinquent;
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| 19 | (15) shall make all reasonable efforts to consult with | ||||||
| 20 | the crime victim before the Office of
the State's Attorney | ||||||
| 21 | makes an offer of a plea bargain to the defendant or
enters | ||||||
| 22 | into negotiations with the defendant concerning a possible | ||||||
| 23 | plea
agreement, and shall consider the written statement, | ||||||
| 24 | if prepared
prior to entering into a plea agreement. The | ||||||
| 25 | right to consult with the prosecutor does not include the | ||||||
| 26 | right to veto a plea agreement or to insist the case go to | ||||||
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| 1 | trial. If the State's Attorney has not consulted with the | ||||||
| 2 | victim prior to making an offer or entering into plea | ||||||
| 3 | negotiations with the defendant, the Office of the State's | ||||||
| 4 | Attorney shall notify the victim of the offer or the | ||||||
| 5 | negotiations within 2 business days and confer with the | ||||||
| 6 | victim;
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| 7 | (16) shall provide notice of the ultimate disposition | ||||||
| 8 | of the cases arising from
an indictment or an information, | ||||||
| 9 | or a petition to have a juvenile adjudicated
as a | ||||||
| 10 | delinquent for a violent crime;
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| 11 | (17) shall provide notice of any appeal taken by the | ||||||
| 12 | defendant and information
on how to contact the appropriate | ||||||
| 13 | agency handling the appeal, and how to request notice of | ||||||
| 14 | any hearing, oral argument, or decision of an appellate | ||||||
| 15 | court;
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| 16 | (18) shall provide timely notice of any request for | ||||||
| 17 | post-conviction review filed by the
defendant under | ||||||
| 18 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
| 19 | of
the date, time and place of any hearing concerning the | ||||||
| 20 | petition. Whenever
possible, notice of the hearing shall be | ||||||
| 21 | given within 48 hours of the court's scheduling of the | ||||||
| 22 | hearing; and
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| 23 | (19) shall forward a copy of any statement presented | ||||||
| 24 | under Section 6 to the
Prisoner Review Board or Department | ||||||
| 25 | of Juvenile Justice to be considered in making a | ||||||
| 26 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
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| 1 | Section 3-3-8 of the Unified Code of Corrections.
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| 2 | (c) The court shall ensure that the rights of the victim | ||||||
| 3 | are afforded. | ||||||
| 4 | (c-5) The following procedures shall be followed to afford | ||||||
| 5 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
| 6 | Illinois Constitution: | ||||||
| 7 | (1) Written notice. A victim may complete a written | ||||||
| 8 | notice of intent to assert rights on a form prepared by the | ||||||
| 9 | Office of the Attorney General and provided to the victim | ||||||
| 10 | by the State's Attorney. The victim may at any time provide | ||||||
| 11 | a revised written notice to the State's Attorney. The | ||||||
| 12 | State's Attorney shall file the written notice with the | ||||||
| 13 | court. At the beginning of any court proceeding in which | ||||||
| 14 | the right of a victim may be at issue, the court and | ||||||
| 15 | prosecutor shall review the written notice to determine | ||||||
| 16 | whether the victim has asserted the right that may be at | ||||||
| 17 | issue. | ||||||
| 18 | (2) Victim's retained attorney. A victim's attorney | ||||||
| 19 | shall file an entry of appearance limited to assertion of | ||||||
| 20 | the victim's rights. Upon the filing of the entry of | ||||||
| 21 | appearance and service on the State's Attorney and the | ||||||
| 22 | defendant, the attorney is to receive copies of all | ||||||
| 23 | notices, motions and court orders filed thereafter in the | ||||||
| 24 | case. | ||||||
| 25 | (3) Standing. The victim has standing to assert the | ||||||
| 26 | rights enumerated in subsection (a) of Article I, Section | ||||||
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| 1 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
| 2 | under Section 4 of this Act in any court exercising | ||||||
| 3 | jurisdiction over the criminal case. The prosecuting | ||||||
| 4 | attorney, a victim, or the victim's retained attorney may | ||||||
| 5 | assert the victim's rights. The defendant in the criminal | ||||||
| 6 | case has no standing to assert a right of the victim in any | ||||||
| 7 | court proceeding, including on appeal. | ||||||
| 8 | (4) Assertion of and enforcement of rights. | ||||||
| 9 | (A) The prosecuting attorney shall assert a | ||||||
| 10 | victim's right or request enforcement of a right by | ||||||
| 11 | filing a motion or by orally asserting the right or | ||||||
| 12 | requesting enforcement in open court in the criminal | ||||||
| 13 | case outside the presence of the jury. The prosecuting | ||||||
| 14 | attorney shall consult with the victim and the victim's | ||||||
| 15 | attorney regarding the assertion or enforcement of a | ||||||
| 16 | right. If the prosecuting attorney decides not to | ||||||
| 17 | assert or enforce a victim's right, the prosecuting | ||||||
| 18 | attorney shall notify the victim or the victim's | ||||||
| 19 | attorney in sufficient time to allow the victim or the | ||||||
| 20 | victim's attorney to assert the right or to seek | ||||||
| 21 | enforcement of a right. | ||||||
| 22 | (B) If the prosecuting attorney elects not to | ||||||
| 23 | assert a victim's right or to seek enforcement of a | ||||||
| 24 | right, the victim or the victim's attorney may assert | ||||||
| 25 | the victim's right or request enforcement of a right by | ||||||
| 26 | filing a motion or by orally asserting the right or | ||||||
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| 1 | requesting enforcement in open court in the criminal | ||||||
| 2 | case outside the presence of the jury. | ||||||
| 3 | (C) If the prosecuting attorney asserts a victim's | ||||||
| 4 | right or seeks enforcement of a right, and the court | ||||||
| 5 | denies the assertion of the right or denies the request | ||||||
| 6 | for enforcement of a right, the victim or victim's | ||||||
| 7 | attorney may file a motion to assert the victim's right | ||||||
| 8 | or to request enforcement of the right within 10 days | ||||||
| 9 | of the court's ruling. The motion need not demonstrate | ||||||
| 10 | the grounds for a motion for reconsideration. The court | ||||||
| 11 | shall rule on the merits of the motion. | ||||||
| 12 | (D) The court shall take up and decide any motion | ||||||
| 13 | or request asserting or seeking enforcement of a | ||||||
| 14 | victim's right without delay, unless a specific time | ||||||
| 15 | period is specified by law or court rule. The reasons | ||||||
| 16 | for any decision denying the motion or request shall be | ||||||
| 17 | clearly stated on the record. | ||||||
| 18 | (5) Violation of rights and remedies. | ||||||
| 19 | (A) If the court determines that a victim's right | ||||||
| 20 | has been violated, the court shall determine the | ||||||
| 21 | appropriate remedy for the violation of the victim's | ||||||
| 22 | right by hearing from the victim and the parties, | ||||||
| 23 | considering all factors relevant to the issue, and then | ||||||
| 24 | awarding appropriate relief to the victim. | ||||||
| 25 | (A-5) Consideration of an issue of a substantive | ||||||
| 26 | nature or an issue that implicates the constitutional | ||||||
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| 1 | or statutory right of a victim at a court proceeding | ||||||
| 2 | labeled as a status hearing shall constitute a per se | ||||||
| 3 | violation of a victim's right. | ||||||
| 4 | (B) The appropriate remedy shall include only | ||||||
| 5 | actions necessary to provide the victim the right to | ||||||
| 6 | which the victim was entitled and may include reopening | ||||||
| 7 | previously held proceedings; however, in no event | ||||||
| 8 | shall the court vacate a conviction. Any remedy shall | ||||||
| 9 | be tailored to provide the victim an appropriate remedy | ||||||
| 10 | without violating any constitutional right of the | ||||||
| 11 | defendant. In no event shall the appropriate remedy be | ||||||
| 12 | a new trial, damages, or costs. | ||||||
| 13 | (6) Right to be heard. Whenever a victim has the right | ||||||
| 14 | to be heard, the court shall allow the victim to exercise | ||||||
| 15 | the right in any reasonable manner the victim chooses. | ||||||
| 16 | (7) Right to attend trial. A party must file a written | ||||||
| 17 | motion to exclude a victim from trial at least 60 days | ||||||
| 18 | prior to the date set for trial. The motion must state with | ||||||
| 19 | specificity the reason exclusion is necessary to protect a | ||||||
| 20 | constitutional right of the party, and must contain an | ||||||
| 21 | offer of proof. The court shall rule on the motion within | ||||||
| 22 | 30 days. If the motion is granted, the court shall set | ||||||
| 23 | forth on the record the facts that support its finding that | ||||||
| 24 | the victim's testimony will be materially affected if the | ||||||
| 25 | victim hears other testimony at trial. | ||||||
| 26 | (8) Right to have advocate and support person present | ||||||
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| 1 | at court proceedings. | ||||||
| 2 | (A) A party who intends to call an advocate as a | ||||||
| 3 | witness at trial must seek permission of the court | ||||||
| 4 | before the subpoena is issued. The party must file a | ||||||
| 5 | written motion at least 90 days before trial that sets | ||||||
| 6 | forth specifically the issues on which the advocate's | ||||||
| 7 | testimony is sought and an offer of proof regarding (i) | ||||||
| 8 | the content of the anticipated testimony of the | ||||||
| 9 | advocate; and (ii) the relevance, admissibility, and | ||||||
| 10 | materiality of the anticipated testimony. The court | ||||||
| 11 | shall consider the motion and make findings within 30 | ||||||
| 12 | days of the filing of the motion. If the court finds by | ||||||
| 13 | a preponderance of the evidence that: (i) the | ||||||
| 14 | anticipated testimony is not protected by an absolute | ||||||
| 15 | privilege; and (ii) the anticipated testimony contains | ||||||
| 16 | relevant, admissible, and material evidence that is | ||||||
| 17 | not available through other witnesses or evidence, the | ||||||
| 18 | court shall issue a subpoena requiring the advocate to | ||||||
| 19 | appear to testify at an in camera hearing. The | ||||||
| 20 | prosecuting attorney and the victim shall have 15 days | ||||||
| 21 | to seek appellate review before the advocate is | ||||||
| 22 | required to testify at an ex parte in camera | ||||||
| 23 | proceeding. | ||||||
| 24 | The prosecuting attorney, the victim, and the | ||||||
| 25 | advocate's attorney shall be allowed to be present at | ||||||
| 26 | the ex parte in camera proceeding. If, after conducting | ||||||
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| 1 | the ex parte in camera hearing, the court determines | ||||||
| 2 | that due process requires any testimony regarding | ||||||
| 3 | confidential or privileged information or | ||||||
| 4 | communications, the court shall provide to the | ||||||
| 5 | prosecuting attorney, the victim, and the advocate's | ||||||
| 6 | attorney a written memorandum on the substance of the | ||||||
| 7 | advocate's testimony. The prosecuting attorney, the | ||||||
| 8 | victim, and the advocate's attorney shall have 15 days | ||||||
| 9 | to seek appellate review before a subpoena may be | ||||||
| 10 | issued for the advocate to testify at trial. The | ||||||
| 11 | presence of the prosecuting attorney at the ex parte in | ||||||
| 12 | camera proceeding does not make the substance of the | ||||||
| 13 | advocate's testimony that the court has ruled | ||||||
| 14 | inadmissible subject to discovery. | ||||||
| 15 | (B) If a victim has asserted the right to have a | ||||||
| 16 | support person present at the court proceedings, the | ||||||
| 17 | victim shall provide the name of the person the victim | ||||||
| 18 | has chosen to be the victim's support person to the | ||||||
| 19 | prosecuting attorney, within 60 days of trial. The | ||||||
| 20 | prosecuting attorney shall provide the name to the | ||||||
| 21 | defendant. If the defendant intends to call the support | ||||||
| 22 | person as a witness at trial, the defendant must seek | ||||||
| 23 | permission of the court before a subpoena is issued. | ||||||
| 24 | The defendant must file a written motion at least 45 | ||||||
| 25 | days prior to trial that sets forth specifically the | ||||||
| 26 | issues on which the support person will testify and an | ||||||
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| 1 | offer of proof regarding: (i) the content of the | ||||||
| 2 | anticipated testimony of the support person; and (ii) | ||||||
| 3 | the relevance, admissibility, and materiality of the | ||||||
| 4 | anticipated testimony. | ||||||
| 5 | If the prosecuting attorney intends to call the | ||||||
| 6 | support person as a witness during the State's | ||||||
| 7 | case-in-chief, the prosecuting attorney shall inform | ||||||
| 8 | the court of this intent in the response to the | ||||||
| 9 | defendant's written motion. The victim may choose a | ||||||
| 10 | different person to be the victim's support person. The | ||||||
| 11 | court may allow the defendant to inquire about matters | ||||||
| 12 | outside the scope of the direct examination during | ||||||
| 13 | cross-examination cross examination. If the court | ||||||
| 14 | allows the defendant to do so, the support person shall | ||||||
| 15 | be allowed to remain in the courtroom after the support | ||||||
| 16 | person has testified. A defendant who fails to question | ||||||
| 17 | the support person about matters outside the scope of | ||||||
| 18 | direct examination during the State's case-in-chief | ||||||
| 19 | waives the right to challenge the presence of the | ||||||
| 20 | support person on appeal. The court shall allow the | ||||||
| 21 | support person to testify if called as a witness in the | ||||||
| 22 | defendant's case-in-chief or the State's rebuttal. | ||||||
| 23 | If the court does not allow the defendant to | ||||||
| 24 | inquire about matters outside the scope of the direct | ||||||
| 25 | examination, the support person shall be allowed to | ||||||
| 26 | remain in the courtroom after the support person has | ||||||
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| 1 | been called by the defendant or the defendant has | ||||||
| 2 | rested. The court shall allow the support person to | ||||||
| 3 | testify in the State's rebuttal. | ||||||
| 4 | If the prosecuting attorney does not intend to call | ||||||
| 5 | the support person in the State's case-in-chief, the | ||||||
| 6 | court shall verify with the support person whether the | ||||||
| 7 | support person, if called as a witness, would testify | ||||||
| 8 | as set forth in the offer of proof. If the court finds | ||||||
| 9 | that the support person would testify as set forth in | ||||||
| 10 | the offer of proof, the court shall rule on the | ||||||
| 11 | relevance, materiality, and admissibility of the | ||||||
| 12 | anticipated testimony. If the court rules the | ||||||
| 13 | anticipated testimony is admissible, the court shall | ||||||
| 14 | issue the subpoena. The support person may remain in | ||||||
| 15 | the courtroom after the support person testifies and | ||||||
| 16 | shall be allowed to testify in rebuttal. | ||||||
| 17 | If the court excludes the victim's support person | ||||||
| 18 | during the State's case-in-chief, the victim shall be | ||||||
| 19 | allowed to choose another support person to be present | ||||||
| 20 | in court. | ||||||
| 21 | If the victim fails to designate a support person | ||||||
| 22 | within 60 days of trial and the defendant has | ||||||
| 23 | subpoenaed the support person to testify at trial, the | ||||||
| 24 | court may exclude the support person from the trial | ||||||
| 25 | until the support person testifies. If the court | ||||||
| 26 | excludes the support person the victim may choose | ||||||
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| 1 | another person as a support person. | ||||||
| 2 | (9) Right to notice and hearing before disclosure of | ||||||
| 3 | confidential or privileged information or records. A | ||||||
| 4 | defendant who seeks to subpoena records of or concerning | ||||||
| 5 | the victim that are confidential or privileged by law must | ||||||
| 6 | seek permission of the court before the subpoena is issued. | ||||||
| 7 | The defendant must file a written motion and an offer of | ||||||
| 8 | proof regarding the relevance, admissibility and | ||||||
| 9 | materiality of the records. If the court finds by a | ||||||
| 10 | preponderance of the evidence that: (A) the records are not | ||||||
| 11 | protected by an absolute privilege and (B) the records | ||||||
| 12 | contain relevant, admissible, and material evidence that | ||||||
| 13 | is not available through other witnesses or evidence, the | ||||||
| 14 | court shall issue a subpoena requiring a sealed copy of the | ||||||
| 15 | records be delivered to the court to be reviewed in camera. | ||||||
| 16 | If, after conducting an in camera review of the records, | ||||||
| 17 | the court determines that due process requires disclosure | ||||||
| 18 | of any portion of the records, the court shall provide | ||||||
| 19 | copies of what it intends to disclose to the prosecuting | ||||||
| 20 | attorney and the victim. The prosecuting attorney and the | ||||||
| 21 | victim shall have 30 days to seek appellate review before | ||||||
| 22 | the records are disclosed to the defendant. The disclosure | ||||||
| 23 | of copies of any portion of the records to the prosecuting | ||||||
| 24 | attorney does not make the records subject to discovery. | ||||||
| 25 | (10) Right to notice of court proceedings. If the | ||||||
| 26 | victim is not present at a court proceeding in which a | ||||||
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| |||||||
| 1 | right of the victim is at issue, the court shall ask the | ||||||
| 2 | prosecuting attorney whether the victim was notified of the | ||||||
| 3 | time, place, and purpose of the court proceeding and that | ||||||
| 4 | the victim had a right to be heard at the court proceeding. | ||||||
| 5 | If the court determines that timely notice was not given or | ||||||
| 6 | that the victim was not adequately informed of the nature | ||||||
| 7 | of the court proceeding, the court shall not rule on any | ||||||
| 8 | substantive issues, accept a plea, or impose a sentence and | ||||||
| 9 | shall continue the hearing for the time necessary to notify | ||||||
| 10 | the victim of the time, place and nature of the court | ||||||
| 11 | proceeding. The time between court proceedings shall not be | ||||||
| 12 | attributable to the State under Section 103-5 of the Code | ||||||
| 13 | of Criminal Procedure of 1963. | ||||||
| 14 | (11) Right to timely disposition of the case. A victim | ||||||
| 15 | has the right to timely disposition of the case so as to | ||||||
| 16 | minimize the stress, cost, and inconvenience resulting | ||||||
| 17 | from the victim's involvement in the case. Before ruling on | ||||||
| 18 | a motion to continue trial or other court proceeding, the | ||||||
| 19 | court shall inquire into the circumstances for the request | ||||||
| 20 | for the delay and, if the victim has provided written | ||||||
| 21 | notice of the assertion of the right to a timely | ||||||
| 22 | disposition, and whether the victim objects to the delay. | ||||||
| 23 | If the victim objects, the prosecutor shall inform the | ||||||
| 24 | court of the victim's objections. If the prosecutor has not | ||||||
| 25 | conferred with the victim about the continuance, the | ||||||
| 26 | prosecutor shall inform the court of the attempts to | ||||||
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| |||||||
| 1 | confer. If the court finds the attempts of the prosecutor | ||||||
| 2 | to confer with the victim were inadequate to protect the | ||||||
| 3 | victim's right to be heard, the court shall give the | ||||||
| 4 | prosecutor at least 3 but not more than 5 business days to | ||||||
| 5 | confer with the victim. In ruling on a motion to continue, | ||||||
| 6 | the court shall consider the reasons for the requested | ||||||
| 7 | continuance, the number and length of continuances that | ||||||
| 8 | have been granted, the victim's objections and procedures | ||||||
| 9 | to avoid further delays. If a continuance is granted over | ||||||
| 10 | the victim's objection, the court shall specify on the | ||||||
| 11 | record the reasons for the continuance and the procedures | ||||||
| 12 | that have been or will be taken to avoid further delays. | ||||||
| 13 | (12) Right to Restitution. | ||||||
| 14 | (A) If the victim has asserted the right to | ||||||
| 15 | restitution and the amount of restitution is known at | ||||||
| 16 | the time of sentencing, the court shall enter the | ||||||
| 17 | judgment of restitution at the time of sentencing. | ||||||
| 18 | (B) If the victim has asserted the right to | ||||||
| 19 | restitution and the amount of restitution is not known | ||||||
| 20 | at the time of sentencing, the prosecutor shall, within | ||||||
| 21 | 5 days after sentencing, notify the victim what | ||||||
| 22 | information and documentation related to restitution | ||||||
| 23 | is needed and that the information and documentation | ||||||
| 24 | must be provided to the prosecutor within 45 days after | ||||||
| 25 | sentencing. Failure to timely provide information and | ||||||
| 26 | documentation related to restitution shall be deemed a | ||||||
| |||||||
| |||||||
| 1 | waiver of the right to restitution. The prosecutor | ||||||
| 2 | shall file and serve within 60 days after sentencing a | ||||||
| 3 | proposed judgment for restitution and a notice that | ||||||
| 4 | includes information concerning the identity of any | ||||||
| 5 | victims or other persons seeking restitution, whether | ||||||
| 6 | any victim or other person expressly declines | ||||||
| 7 | restitution, the nature and amount of any damages | ||||||
| 8 | together with any supporting documentation, a | ||||||
| 9 | restitution amount recommendation, and the names of | ||||||
| 10 | any co-defendants and their case numbers. Within 30 | ||||||
| 11 | days after receipt of the proposed judgment for | ||||||
| 12 | restitution, the defendant shall file any objection to | ||||||
| 13 | the proposed judgment, a statement of grounds for the | ||||||
| 14 | objection, and a financial statement. If the defendant | ||||||
| 15 | does not file an objection, the court may enter the | ||||||
| 16 | judgment for restitution without further proceedings. | ||||||
| 17 | If the defendant files an objection and either party | ||||||
| 18 | requests a hearing, the court shall schedule a hearing. | ||||||
| 19 | (13) Access to presentence reports. | ||||||
| 20 | (A) The victim may request a copy of the | ||||||
| 21 | presentence report prepared under the Unified Code of | ||||||
| 22 | Corrections from the State's Attorney. The State's | ||||||
| 23 | Attorney shall redact the following information before | ||||||
| 24 | providing a copy of the report: | ||||||
| 25 | (i) the defendant's mental history and | ||||||
| 26 | condition; | ||||||
| |||||||
| |||||||
| 1 | (ii) any evaluation prepared under subsection | ||||||
| 2 | (b) or (b-5) of Section 5-3-2; and | ||||||
| 3 | (iii) the name, address, phone number, and | ||||||
| 4 | other personal information about any other victim. | ||||||
| 5 | (B) The State's Attorney or the defendant may | ||||||
| 6 | request the court redact other information in the | ||||||
| 7 | report that may endanger the safety of any person. | ||||||
| 8 | (C) The State's Attorney may orally disclose to the | ||||||
| 9 | victim any of the information that has been redacted if | ||||||
| 10 | there is a reasonable likelihood that the information | ||||||
| 11 | will be stated in court at the sentencing. | ||||||
| 12 | (D) The State's Attorney must advise the victim | ||||||
| 13 | that the victim must maintain the confidentiality of | ||||||
| 14 | the report and other information. Any dissemination of | ||||||
| 15 | the report or information that was not stated at a | ||||||
| 16 | court proceeding constitutes indirect criminal | ||||||
| 17 | contempt of court. | ||||||
| 18 | (14) Appellate relief. If the trial court denies the | ||||||
| 19 | relief requested, the victim, the victim's attorney, or the | ||||||
| 20 | prosecuting attorney may file an appeal within 30 days of | ||||||
| 21 | the trial court's ruling. The trial or appellate court may | ||||||
| 22 | stay the court proceedings if the court finds that a stay | ||||||
| 23 | would not violate a constitutional right of the defendant. | ||||||
| 24 | If the appellate court denies the relief sought, the | ||||||
| 25 | reasons for the denial shall be clearly stated in a written | ||||||
| 26 | opinion. In any appeal in a criminal case, the State may | ||||||
| |||||||
| |||||||
| 1 | assert as error the court's denial of any crime victim's | ||||||
| 2 | right in the proceeding to which the appeal relates. | ||||||
| 3 | (15) Limitation on appellate relief. In no case shall | ||||||
| 4 | an appellate court provide a new trial to remedy the | ||||||
| 5 | violation of a victim's right. | ||||||
| 6 | (16) The right to be reasonably protected from the | ||||||
| 7 | accused throughout the criminal justice process and the | ||||||
| 8 | right to have the safety of the victim and the victim's | ||||||
| 9 | family considered in denying or fixing the amount of bail, | ||||||
| 10 | determining whether to release the defendant, and setting | ||||||
| 11 | conditions of release after arrest and conviction. A victim | ||||||
| 12 | of domestic violence, a sexual offense, or stalking may | ||||||
| 13 | request the entry of a protective order under Article 112A | ||||||
| 14 | of the Code of Criminal Procedure of 1963. | ||||||
| 15 | (d)(1) The Prisoner Review Board shall inform a victim or | ||||||
| 16 | any other
concerned citizen, upon written request, of the | ||||||
| 17 | prisoner's release on parole,
mandatory supervised release, | ||||||
| 18 | electronic detention, work release, international transfer or | ||||||
| 19 | exchange, or by the
custodian, other than the Department of | ||||||
| 20 | Juvenile Justice, of the discharge of any individual who was | ||||||
| 21 | adjudicated a delinquent
for a crime from State custody and by | ||||||
| 22 | the sheriff of the appropriate
county of any such person's | ||||||
| 23 | final discharge from county custody.
The Prisoner Review Board, | ||||||
| 24 | upon written request, shall provide to a victim or
any other | ||||||
| 25 | concerned citizen a recent photograph of any person convicted | ||||||
| 26 | of a
felony, upon his or her release from custody.
The Prisoner
| ||||||
| |||||||
| |||||||
| 1 | Review Board, upon written request, shall inform a victim or | ||||||
| 2 | any other
concerned citizen when feasible at least 7 days prior | ||||||
| 3 | to the prisoner's release
on furlough of the times and dates of | ||||||
| 4 | such furlough. Upon written request by
the victim or any other | ||||||
| 5 | concerned citizen, the State's Attorney shall notify
the person | ||||||
| 6 | once of the times and dates of release of a prisoner sentenced | ||||||
| 7 | to
periodic imprisonment. Notification shall be based on the | ||||||
| 8 | most recent
information as to victim's or other concerned | ||||||
| 9 | citizen's residence or other
location available to the | ||||||
| 10 | notifying authority.
| ||||||
| 11 | (2) When the defendant has been committed to the Department | ||||||
| 12 | of
Human Services pursuant to Section 5-2-4 or any other
| ||||||
| 13 | provision of the Unified Code of Corrections, the victim may | ||||||
| 14 | request to be
notified by the releasing authority of the | ||||||
| 15 | approval by the court of an on-grounds pass, a supervised | ||||||
| 16 | off-grounds pass, an unsupervised off-grounds pass, or | ||||||
| 17 | conditional release; the release on an off-grounds pass; the | ||||||
| 18 | return from an off-grounds pass; transfer to another facility; | ||||||
| 19 | conditional release; escape; death; or final discharge from | ||||||
| 20 | State
custody. The Department of Human Services shall establish | ||||||
| 21 | and maintain a statewide telephone number to be used by victims | ||||||
| 22 | to make notification requests under these provisions and shall | ||||||
| 23 | publicize this telephone number on its website and to the | ||||||
| 24 | State's Attorney of each county.
| ||||||
| 25 | (3) In the event of an escape from State custody, the | ||||||
| 26 | Department of
Corrections or the Department of Juvenile Justice | ||||||
| |||||||
| |||||||
| 1 | immediately shall notify the Prisoner Review Board of the | ||||||
| 2 | escape
and the Prisoner Review Board shall notify the victim. | ||||||
| 3 | The notification shall
be based upon the most recent | ||||||
| 4 | information as to the victim's residence or other
location | ||||||
| 5 | available to the Board. When no such information is available, | ||||||
| 6 | the
Board shall make all reasonable efforts to obtain the | ||||||
| 7 | information and make
the notification. When the escapee is | ||||||
| 8 | apprehended, the Department of
Corrections or the Department of | ||||||
| 9 | Juvenile Justice immediately shall notify the Prisoner Review | ||||||
| 10 | Board and the Board
shall notify the victim.
| ||||||
| 11 | (4) The victim of the crime for which the prisoner has been | ||||||
| 12 | sentenced
shall receive reasonable written notice not less than | ||||||
| 13 | 30 days prior to the
parole hearing or target aftercare release | ||||||
| 14 | date and may submit, in writing, on film, videotape, or other
| ||||||
| 15 | electronic means or in the form of a recording prior to the | ||||||
| 16 | parole hearing or target aftercare release date or in person at | ||||||
| 17 | the parole hearing or aftercare release protest hearing
or if a | ||||||
| 18 | victim of a violent crime, by calling the
toll-free number | ||||||
| 19 | established in subsection (f) of this Section, information
for
| ||||||
| 20 | consideration by the Prisoner Review Board or Department of | ||||||
| 21 | Juvenile Justice. The
victim shall be notified within 7 days | ||||||
| 22 | after the prisoner has been granted
parole or aftercare release | ||||||
| 23 | and shall be informed of the right to inspect the registry of | ||||||
| 24 | parole
decisions, established under subsection (g) of Section | ||||||
| 25 | 3-3-5 of the Unified
Code of Corrections. The provisions of | ||||||
| 26 | this paragraph (4) are subject to the
Open Parole Hearings Act. | ||||||
| |||||||
| |||||||
| 1 | Victim impact statements received by the Board shall be | ||||||
| 2 | confidential and privileged.
| ||||||
| 3 | (5) If a statement is presented under Section 6, the | ||||||
| 4 | Prisoner Review Board or Department of Juvenile Justice
shall | ||||||
| 5 | inform the victim of any order of discharge pursuant
to Section | ||||||
| 6 | 3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
| ||||||
| 7 | (6) At the written or oral request of the victim of the | ||||||
| 8 | crime for which the
prisoner was sentenced or the State's | ||||||
| 9 | Attorney of the county where the person seeking parole or | ||||||
| 10 | aftercare release was prosecuted, the Prisoner Review Board or | ||||||
| 11 | Department of Juvenile Justice shall notify the victim and the | ||||||
| 12 | State's Attorney of the county where the person seeking parole | ||||||
| 13 | or aftercare release was prosecuted of
the death of the | ||||||
| 14 | prisoner if the prisoner died while on parole or aftercare | ||||||
| 15 | release or mandatory
supervised release.
| ||||||
| 16 | (7) When a defendant who has been committed to the | ||||||
| 17 | Department of
Corrections, the Department of Juvenile Justice, | ||||||
| 18 | or the Department of Human Services is released or discharged | ||||||
| 19 | and
subsequently committed to the Department of Human Services | ||||||
| 20 | as a sexually
violent person and the victim had requested to be | ||||||
| 21 | notified by the releasing
authority of the defendant's | ||||||
| 22 | discharge, conditional release, death, or escape from State | ||||||
| 23 | custody, the releasing
authority shall provide to the | ||||||
| 24 | Department of Human Services such information
that would allow | ||||||
| 25 | the Department of Human Services to contact the victim.
| ||||||
| 26 | (8) When a defendant has been convicted of a sex offense as | ||||||
| |||||||
| |||||||
| 1 | defined in Section 2 of the Sex Offender Registration Act and | ||||||
| 2 | has been sentenced to the Department of Corrections or the | ||||||
| 3 | Department of Juvenile Justice, the Prisoner Review Board or | ||||||
| 4 | the Department of Juvenile Justice shall notify the victim of | ||||||
| 5 | the sex offense of the prisoner's eligibility for release on | ||||||
| 6 | parole, aftercare release,
mandatory supervised release, | ||||||
| 7 | electronic detention, work release, international transfer or | ||||||
| 8 | exchange, or by the
custodian of the discharge of any | ||||||
| 9 | individual who was adjudicated a delinquent
for a sex offense | ||||||
| 10 | from State custody and by the sheriff of the appropriate
county | ||||||
| 11 | of any such person's final discharge from county custody. The | ||||||
| 12 | notification shall be made to the victim at least 30 days, | ||||||
| 13 | whenever possible, before release of the sex offender. | ||||||
| 14 | (e) The officials named in this Section may satisfy some or | ||||||
| 15 | all of their
obligations to provide notices and other | ||||||
| 16 | information through participation in a
statewide victim and | ||||||
| 17 | witness notification system established by the Attorney
| ||||||
| 18 | General under Section 8.5 of this Act.
| ||||||
| 19 | (f) To permit a crime victim of a violent crime to provide | ||||||
| 20 | information to the
Prisoner Review Board or the Department of | ||||||
| 21 | Juvenile Justice for consideration by the
Board or Department | ||||||
| 22 | at a parole hearing or before an aftercare release decision of | ||||||
| 23 | a person who committed the crime against
the victim in | ||||||
| 24 | accordance with clause (d)(4) of this Section or at a | ||||||
| 25 | proceeding
to determine the conditions of mandatory supervised | ||||||
| 26 | release of a person
sentenced to a determinate sentence or at a | ||||||
| |||||||
| |||||||
| 1 | hearing on revocation of mandatory
supervised release of a | ||||||
| 2 | person sentenced to a determinate sentence, the Board
shall | ||||||
| 3 | establish a toll-free number that may be accessed by the victim | ||||||
| 4 | of
a violent crime to present that information to the Board.
| ||||||
| 5 | (Source: P.A. 99-413, eff. 8-20-15; 99-628, eff. 1-1-17; | ||||||
| 6 | 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; revised 10-3-18.)
| ||||||
| 7 | (725 ILCS 120/6) (from Ch. 38, par. 1406)
| ||||||
| 8 | Sec. 6. Right to be heard at sentencing.
| ||||||
| 9 | (a) A crime victim shall be allowed to present an oral or | ||||||
| 10 | written statement in any case in which a defendant has been | ||||||
| 11 | convicted of a violent crime or a juvenile has been adjudicated | ||||||
| 12 | delinquent for a violent crime after a bench or jury trial, or | ||||||
| 13 | a defendant who was charged with a violent crime and has been | ||||||
| 14 | convicted under a plea agreement of a crime that is not a | ||||||
| 15 | violent crime as defined in subsection (c) of Section 3 of this | ||||||
| 16 | Act. The court shall allow a victim to make an oral statement | ||||||
| 17 | if the victim is present in the courtroom and requests to make | ||||||
| 18 | an oral statement. An oral statement includes the victim or a | ||||||
| 19 | representative of the victim reading the written statement. The | ||||||
| 20 | court may allow persons impacted by the crime who are not | ||||||
| 21 | victims under subsection (a) of Section 3 of this Act to | ||||||
| 22 | present an oral or written statement. A victim and any person | ||||||
| 23 | making an oral statement shall not be put under oath or subject | ||||||
| 24 | to cross-examination. The court shall
consider any statement | ||||||
| 25 | presented
along with
all
other appropriate factors in | ||||||
| |||||||
| |||||||
| 1 | determining the sentence of the defendant or
disposition of | ||||||
| 2 | such juvenile.
| ||||||
| 3 | (a-1) In any case where a defendant has been convicted of a | ||||||
| 4 | violation of any statute, ordinance, or regulation relating to | ||||||
| 5 | the operation or use of motor vehicles, the use of streets and | ||||||
| 6 | highways by pedestrians or the operation of any other wheeled | ||||||
| 7 | or tracked vehicle, except parking violations, if the violation | ||||||
| 8 | resulted in great bodily harm or death, the person who suffered | ||||||
| 9 | great bodily harm, the injured person's representative, or the | ||||||
| 10 | representative of a deceased person shall be entitled to notice | ||||||
| 11 | of the sentencing hearing. "Representative" includes the | ||||||
| 12 | spouse, guardian, grandparent, or other immediate family or | ||||||
| 13 | household member of an injured or deceased person. The injured | ||||||
| 14 | person or his or her representative and a representative of the | ||||||
| 15 | deceased person shall have the right to address the court | ||||||
| 16 | regarding the impact that the defendant's criminal conduct has | ||||||
| 17 | had upon them. If more than one representative of an injured or | ||||||
| 18 | deceased person is present in the courtroom at the time of | ||||||
| 19 | sentencing, the court has discretion to permit one or more of | ||||||
| 20 | the representatives to present an oral impact statement. A | ||||||
| 21 | victim and any person making an oral statement shall not be put | ||||||
| 22 | under oath or subject to cross-examination. The court shall | ||||||
| 23 | consider any impact statement presented along with all other | ||||||
| 24 | appropriate factors in determining the sentence of the | ||||||
| 25 | defendant. | ||||||
| 26 | (a-5) A crime victim shall be allowed to present an oral | ||||||
| |||||||
| |||||||
| 1 | and written victim impact statement at a hearing ordered by the | ||||||
| 2 | court under the Mental Health and Developmental Disabilities | ||||||
| 3 | Code to determine if the defendant is: (1) in need of mental | ||||||
| 4 | health services on an inpatient basis; (2) in need of mental | ||||||
| 5 | health services on an outpatient basis; or (3) not in need of | ||||||
| 6 | mental health services, unless the defendant was under 18 years | ||||||
| 7 | of age at the time the offense was committed. The court shall | ||||||
| 8 | allow a victim to make an oral impact statement if the victim | ||||||
| 9 | is present in the courtroom and requests to make an oral | ||||||
| 10 | statement. An oral statement includes the victim or a | ||||||
| 11 | representative of the victim reading the written impact | ||||||
| 12 | statement. The court may allow persons impacted by the crime | ||||||
| 13 | who are not victims under subsection (a) of Section 3 of this | ||||||
| 14 | Act, to present an oral or written statement. A victim and any | ||||||
| 15 | person making an oral statement shall not be put under oath or | ||||||
| 16 | subject to cross-examination. The court may only consider the | ||||||
| 17 | impact statement along with all other appropriate factors in | ||||||
| 18 | determining the: (1) threat of serious physical harm posed | ||||||
| 19 | poised by the respondent to himself or herself, or to another | ||||||
| 20 | person; (2) location of inpatient or outpatient mental health | ||||||
| 21 | services ordered by the court, but only after complying with | ||||||
| 22 | all other applicable administrative, rule, and statutory | ||||||
| 23 | requirements; (3) maximum period of commitment for inpatient | ||||||
| 24 | mental health services; and (4) conditions of release for | ||||||
| 25 | outpatient mental health services ordered by the court. | ||||||
| 26 | (b) The crime victim has the right to prepare a victim | ||||||
| |||||||
| |||||||
| 1 | impact statement
and present it to the Office of the State's | ||||||
| 2 | Attorney at any time during the
proceedings. Any written victim | ||||||
| 3 | impact statement submitted to the Office of the State's | ||||||
| 4 | Attorney shall be considered by the court during its | ||||||
| 5 | consideration of aggravation and mitigation in plea | ||||||
| 6 | proceedings under Supreme Court Rule 402.
| ||||||
| 7 | (b-5) The crime victim has the right to register with the | ||||||
| 8 | Prisoner Review Board's victim registry. The crime victim has | ||||||
| 9 | the right to submit a victim impact statement to the Board for | ||||||
| 10 | consideration at hearings as provided in the Open Parole | ||||||
| 11 | Hearings Act or at an executive clemency hearing as provided in | ||||||
| 12 | Section 3-3-13 of the Unified Code of Corrections. Victim | ||||||
| 13 | impact statements received by the Board shall be confidential | ||||||
| 14 | and privileged. | ||||||
| 15 | (c) This Section shall apply to any victims during any
| ||||||
| 16 | dispositional hearing under Section 5-705 of the Juvenile Court
| ||||||
| 17 | Act of 1987 which takes place pursuant to an adjudication or | ||||||
| 18 | trial or plea of
delinquency for any such offense.
| ||||||
| 19 | (d) If any provision of this Section or its application to | ||||||
| 20 | any person or circumstance is held invalid, the invalidity of | ||||||
| 21 | that provision does not affect any other provision or | ||||||
| 22 | application of this Section that can be given effect without | ||||||
| 23 | the invalid provision or application. | ||||||
| 24 | (Source: P.A. 99-413, eff. 8-20-15; 100-961, eff. 1-1-19; | ||||||
| 25 | revised 10-3-18.)
| ||||||
| |||||||
| |||||||
| 1 | Section 10. The Unified Code of Corrections is amended by | ||||||
| 2 | changing Sections 3-3-4 and 3-3-13 as follows:
| ||||||
| 3 | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| ||||||
| 4 | Sec. 3-3-4. Preparation for parole hearing.
| ||||||
| 5 | (a) The Prisoner Review Board shall consider the parole
of | ||||||
| 6 | each eligible person committed to the Department of Corrections | ||||||
| 7 | at
least 30 days prior to the date he or she shall first become
| ||||||
| 8 | eligible for parole.
| ||||||
| 9 | (b) A person eligible for parole shall, no less than 15 | ||||||
| 10 | days in advance of
his or her parole interview, prepare a | ||||||
| 11 | parole plan in accordance
with the rules of the Prisoner Review | ||||||
| 12 | Board. The person
shall be assisted in preparing his or her | ||||||
| 13 | parole plan by personnel
of the Department of Corrections, and | ||||||
| 14 | may, for this purpose, be released
on furlough under Article | ||||||
| 15 | 11. The Department shall also provide
assistance in obtaining | ||||||
| 16 | information and records helpful to
the individual for his or | ||||||
| 17 | her parole hearing. If the person eligible for parole has a | ||||||
| 18 | petition or any written submissions prepared on his or her | ||||||
| 19 | behalf by an attorney or other representative, the attorney or | ||||||
| 20 | representative for the person eligible for parole must serve by | ||||||
| 21 | certified mail the State's Attorney of the county where he or | ||||||
| 22 | she was prosecuted with the petition or any written submissions | ||||||
| 23 | 15 days after his or her parole interview. The State's Attorney | ||||||
| 24 | shall provide the attorney for the person eligible for parole | ||||||
| 25 | with a copy of his or her letter in opposition to parole via | ||||||
| |||||||
| |||||||
| 1 | certified mail within 5 business days of the en banc hearing.
| ||||||
| 2 | (c) Any member of the Board shall have access at all
| ||||||
| 3 | reasonable times to any committed person and to his or her | ||||||
| 4 | master
record file within the Department, and the Department | ||||||
| 5 | shall
furnish such a report to the Board
concerning the conduct | ||||||
| 6 | and character of any such person prior to his or her parole | ||||||
| 7 | interview.
| ||||||
| 8 | (d) In making its determination of parole, the Board
shall | ||||||
| 9 | consider:
| ||||||
| 10 | (1) (blank);
| ||||||
| 11 | (2) the report under Section 3-8-2 or 3-10-2;
| ||||||
| 12 | (3) a report by the Department and any report by the
| ||||||
| 13 | chief administrative officer of the institution or | ||||||
| 14 | facility;
| ||||||
| 15 | (4) a parole progress report;
| ||||||
| 16 | (5) a medical and psychological report, if requested
by | ||||||
| 17 | the Board;
| ||||||
| 18 | (6) material in writing, or on film, video tape or | ||||||
| 19 | other electronic
means in the form of a recording submitted | ||||||
| 20 | by the person whose parole
is being considered;
| ||||||
| 21 | (7) material in writing, or on film, video tape or | ||||||
| 22 | other electronic
means in the form of a recording or | ||||||
| 23 | testimony submitted by the State's
Attorney and the victim | ||||||
| 24 | or a concerned citizen pursuant to the Rights of Crime | ||||||
| 25 | Victims and Witnesses Act; and
| ||||||
| 26 | (8) the person's eligibility for commitment under the | ||||||
| |||||||
| |||||||
| 1 | Sexually Violent Persons Commitment Act. | ||||||
| 2 | (e) The prosecuting State's Attorney's office shall | ||||||
| 3 | receive from the Board reasonable
written notice not less than | ||||||
| 4 | 30 days prior to the parole interview and may
submit relevant | ||||||
| 5 | information by oral argument or testimony of victims and | ||||||
| 6 | concerned citizens, or both, in writing, or on film, video tape | ||||||
| 7 | or other
electronic means or in the form of a recording to the | ||||||
| 8 | Board for its
consideration. Upon written request of the | ||||||
| 9 | State's Attorney's office, the Prisoner Review Board shall hear | ||||||
| 10 | protests to parole, except in counties of 1,500,000 or more | ||||||
| 11 | inhabitants where there shall be standing objections to all | ||||||
| 12 | such petitions. If a State's Attorney who represents a county | ||||||
| 13 | of less than 1,500,000 inhabitants requests a protest hearing, | ||||||
| 14 | the inmate's counsel or other representative shall also receive | ||||||
| 15 | notice of such request.
This hearing shall take place the month | ||||||
| 16 | following the inmate's parole interview. If the inmate's parole | ||||||
| 17 | interview is rescheduled then the Prisoner Review Board shall | ||||||
| 18 | promptly notify the State's Attorney of the new date. The | ||||||
| 19 | person eligible for parole shall be heard at the next scheduled | ||||||
| 20 | en banc hearing date. If the case is to be continued, the | ||||||
| 21 | State's Attorney's office and the attorney or representative | ||||||
| 22 | for the person eligible for parole will be notified of any | ||||||
| 23 | continuance within 5 business days. The State's Attorney may | ||||||
| 24 | waive the written notice.
| ||||||
| 25 | (f) The victim of the violent crime for which the prisoner | ||||||
| 26 | has been
sentenced shall receive notice of a parole hearing as | ||||||
| |||||||
| |||||||
| 1 | provided in paragraph
(4) of subsection (d) of Section 4.5 of | ||||||
| 2 | the Rights of Crime Victims and Witnesses
Act.
| ||||||
| 3 | (g) Any recording considered under the provisions of | ||||||
| 4 | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | ||||||
| 5 | the form designated by the Board.
Such recording shall be both | ||||||
| 6 | visual and aural. Every voice on the
recording and person | ||||||
| 7 | present shall be identified and the recording shall
contain | ||||||
| 8 | either a visual or aural statement of the person submitting | ||||||
| 9 | such
recording, the date of the recording and the name of the | ||||||
| 10 | person whose
parole eligibility is being considered. Such | ||||||
| 11 | recordings shall be retained by
the Board and shall be deemed | ||||||
| 12 | to be submitted at any subsequent parole hearing
if the victim | ||||||
| 13 | or State's Attorney submits in writing a declaration clearly
| ||||||
| 14 | identifying such recording as representing the present | ||||||
| 15 | position of the
victim or State's Attorney regarding the issues | ||||||
| 16 | to be considered at the parole
hearing.
| ||||||
| 17 | (h) The Board shall not release any material to the inmate, | ||||||
| 18 | the inmate's attorney, any third party, or any other person | ||||||
| 19 | containing any information from the victim or from a person | ||||||
| 20 | related to the victim by blood, adoption, or marriage who has | ||||||
| 21 | provided a victim impact statement to the Board written | ||||||
| 22 | objections, testified at any hearing, or submitted audio or | ||||||
| 23 | visual objections to the inmate's parole, unless provided with | ||||||
| 24 | a waiver from the victim that objecting party. The Board shall | ||||||
| 25 | not release the names or addresses of any person on its victim | ||||||
| 26 | registry to any other person except the victim, a law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency, or other victim notification system. | ||||||
| 2 | Victim impact statements shall be confidential and privileged. | ||||||
| 3 | (Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; | ||||||
| 4 | 98-717, eff. 1-1-15; 99-628, eff. 1-1-17.)
| ||||||
| 5 | (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
| ||||||
| 6 | Sec. 3-3-13. Procedure for Executive Clemency.
| ||||||
| 7 | (a) Petitions seeking pardon, commutation, or reprieve | ||||||
| 8 | shall be
addressed to the Governor and filed with the Prisoner | ||||||
| 9 | Review
Board. The petition shall be in writing and signed by | ||||||
| 10 | the
person under conviction or by a person on his behalf. It | ||||||
| 11 | shall
contain a brief history of the case, the reasons for | ||||||
| 12 | seeking
executive clemency, and other relevant information the | ||||||
| 13 | Board may require.
| ||||||
| 14 | (a-5) After a petition has been denied by the Governor, the | ||||||
| 15 | Board may not
accept a repeat petition for executive clemency | ||||||
| 16 | for the same person until one
full year has elapsed from the | ||||||
| 17 | date of the denial. The Chairman of the Board
may waive the | ||||||
| 18 | one-year requirement if the petitioner offers in writing
new | ||||||
| 19 | information that was unavailable to the petitioner at the time
| ||||||
| 20 | of the filing of the prior petition and which the Chairman | ||||||
| 21 | determines to be
significant. The Chairman also may waive the | ||||||
| 22 | one-year
waiting period if the petitioner can show that a | ||||||
| 23 | change in circumstances of a
compelling humanitarian nature has | ||||||
| 24 | arisen since the denial of the prior
petition.
| ||||||
| 25 | (b) Notice of the proposed application shall be given by
| ||||||
| |||||||
| |||||||
| 1 | the Board to the committing court and the state's attorney of
| ||||||
| 2 | the county where the conviction was had.
| ||||||
| 3 | (c) The Board shall, if requested and upon due notice,
give | ||||||
| 4 | a hearing to each application, allowing representation by
| ||||||
| 5 | counsel, if desired, after which it shall confidentially
advise | ||||||
| 6 | the Governor by a written report of its recommendations
which | ||||||
| 7 | shall be determined by majority vote. The Board shall
meet to | ||||||
| 8 | consider such petitions no less than 4 times each
year.
| ||||||
| 9 | Application for executive clemency under this Section may | ||||||
| 10 | not be commenced
on behalf of a person who has been sentenced | ||||||
| 11 | to death without the written
consent of the defendant, unless | ||||||
| 12 | the defendant, because of a mental or
physical condition, is | ||||||
| 13 | incapable of asserting his or her own claim. The written report | ||||||
| 14 | of the Board's recommendations to the Governor shall be | ||||||
| 15 | privileged.
| ||||||
| 16 | (d) The Governor shall decide each application and
| ||||||
| 17 | communicate his decision to the Board which shall notify the
| ||||||
| 18 | petitioner.
| ||||||
| 19 | In the event a petitioner who has been convicted of a Class | ||||||
| 20 | X felony is
granted a release, after the Governor has | ||||||
| 21 | communicated such decision to
the Board, the Board shall give | ||||||
| 22 | written notice to the Sheriff of the county
from which the | ||||||
| 23 | offender was sentenced if such sheriff has requested that
such | ||||||
| 24 | notice be given on a continuing basis. In cases where arrest of | ||||||
| 25 | the
offender or the commission of the offense took place in any | ||||||
| 26 | municipality
with a population of more than 10,000 persons, the | ||||||
| |||||||
| |||||||
| 1 | Board shall also give
written notice to the proper law | ||||||
| 2 | enforcement agency for said municipality
which has requested | ||||||
| 3 | notice on a continuing basis.
| ||||||
| 4 | (e) Nothing in this Section shall be construed to limit the | ||||||
| 5 | power of the
Governor under the constitution to grant a | ||||||
| 6 | reprieve, commutation of sentence,
or pardon.
| ||||||
| 7 | (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
| ||||||
| 8 | Section 15. The Open Parole Hearings Act is amended by | ||||||
| 9 | changing Section 35 as follows:
| ||||||
| 10 | (730 ILCS 105/35) (from Ch. 38, par. 1685)
| ||||||
| 11 | Sec. 35. Victim impact statements.
| ||||||
| 12 | (a) The Board shall receive and consider victim impact | ||||||
| 13 | statements.
| ||||||
| 14 | (b) Victim impact statements either oral, written, | ||||||
| 15 | video-taped, tape recorded or made by other electronic means | ||||||
| 16 | shall not be considered public
documents under provisions of | ||||||
| 17 | the Freedom of Information Act.
| ||||||
| 18 | (b-5) Other than as provided in subsection (c), the Board | ||||||
| 19 | shall not release any material to the inmate, the inmate's | ||||||
| 20 | attorney, any third party, or any other person that contains | ||||||
| 21 | any information from the victim who has provided a victim | ||||||
| 22 | impact statement to the Board, unless provided with a waiver | ||||||
| 23 | from the victim. The Board shall not release the names or | ||||||
| 24 | addresses of any person on its victim registry to any other | ||||||
| |||||||
| |||||||
| 1 | person except the victim, a law enforcement agency, or other | ||||||
| 2 | victim notification system. Victim impact statements received | ||||||
| 3 | by the Board shall be confidential and privileged. | ||||||
| 4 | (c) The inmate or his or her attorney shall be informed of | ||||||
| 5 | the existence of a
victim impact statement and its contents | ||||||
| 6 | under provisions of Board rules.
This shall not be construed to | ||||||
| 7 | permit disclosure to an inmate of any
information which might | ||||||
| 8 | result in the risk of threats or physical harm to a
victim or | ||||||
| 9 | complaining witness.
| ||||||
| 10 | (d) The inmate shall be given the opportunity to answer a | ||||||
| 11 | victim impact
statement, either orally or in writing.
| ||||||
| 12 | (e) All written victim impact statements shall be part of | ||||||
| 13 | the applicant's, releasee's,
or parolee's parole file.
| ||||||
| 14 | (Source: P.A. 97-299, eff. 8-11-11; 98-558, eff. 1-1-14.)".
| ||||||