Illinois General Assembly - Full Text of SB1528
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Full Text of SB1528  98th General Assembly

SB1528sam002 98TH GENERAL ASSEMBLY

Sen. Chapin Rose

Filed: 4/15/2013

 

 


 

 


 
09800SB1528sam002LRB098 07632 RLC 44709 a

1
AMENDMENT TO SENATE BILL 1528

2    AMENDMENT NO. ______. Amend Senate Bill 1528 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rights of Crime Victims and Witnesses Act
5is amended by changing Section 4.5 as follows:
 
6    (725 ILCS 120/4.5)
7    Sec. 4.5. Procedures to implement the rights of crime
8victims. To afford crime victims their rights, law enforcement,
9prosecutors, judges and corrections will provide information,
10as appropriate of the following procedures:
11    (a) At the request of the crime victim, law enforcement
12authorities investigating the case shall provide notice of the
13status of the investigation, except where the State's Attorney
14determines that disclosure of such information would
15unreasonably interfere with the investigation, until such time
16as the alleged assailant is apprehended or the investigation is

 

 

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1closed.
2    (a-5) When law enforcement authorities re-open a closed
3case to resume investigating, they shall provide notice of the
4re-opening of the case, except where the State's Attorney
5determines that disclosure of such information would
6unreasonably interfere with the investigation.
7    (b) The office of the State's Attorney:
8        (1) shall provide notice of the filing of information,
9    the return of an indictment by which a prosecution for any
10    violent crime is commenced, or the filing of a petition to
11    adjudicate a minor as a delinquent for a violent crime;
12        (2) shall provide notice of the date, time, and place
13    of trial;
14        (3) or victim advocate personnel shall provide
15    information of social services and financial assistance
16    available for victims of crime, including information of
17    how to apply for these services and assistance;
18        (3.5) or victim advocate personnel shall provide
19    information about available victim services, including
20    referrals to programs, counselors, and agencies that
21    assist a victim to deal with trauma, loss, and grief;
22        (4) shall assist in having any stolen or other personal
23    property held by law enforcement authorities for
24    evidentiary or other purposes returned as expeditiously as
25    possible, pursuant to the procedures set out in Section
26    115-9 of the Code of Criminal Procedure of 1963;

 

 

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1        (5) or victim advocate personnel shall provide
2    appropriate employer intercession services to ensure that
3    employers of victims will cooperate with the criminal
4    justice system in order to minimize an employee's loss of
5    pay and other benefits resulting from court appearances;
6        (6) shall provide information whenever possible, of a
7    secure waiting area during court proceedings that does not
8    require victims to be in close proximity to defendant or
9    juveniles accused of a violent crime, and their families
10    and friends;
11        (7) shall provide notice to the crime victim of the
12    right to have a translator present at all court proceedings
13    and, in compliance with the federal Americans with
14    Disabilities Act of 1990, the right to communications
15    access through a sign language interpreter or by other
16    means;
17        (8) in the case of the death of a person, which death
18    occurred in the same transaction or occurrence in which
19    acts occurred for which a defendant is charged with an
20    offense, shall notify the spouse, parent, child or sibling
21    of the decedent of the date of the trial of the person or
22    persons allegedly responsible for the death;
23        (9) shall inform the victim of the right to have
24    present at all court proceedings, subject to the rules of
25    evidence, an advocate or other support person of the
26    victim's choice, and the right to retain an attorney, at

 

 

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1    the victim's own expense, who, upon written notice filed
2    with the clerk of the court and State's Attorney, is to
3    receive copies of all notices, motions and court orders
4    filed thereafter in the case, in the same manner as if the
5    victim were a named party in the case;
6        (9.5) shall inform the victim of (A) the victim's right
7    under Section 6 of this Act to make a victim impact
8    statement at the sentencing hearing; and (B) if a
9    presentence report is to be prepared, the right of the
10    victim's spouse, guardian, parent, grandparent and other
11    immediate family and household to submit information to the
12    preparer of the presentence report about the effect the
13    offense has had on the victim and the person;
14        (10) at the sentencing hearing shall make a good faith
15    attempt to explain the minimum amount of time during which
16    the defendant may actually be physically imprisoned. The
17    Office of the State's Attorney shall further notify the
18    crime victim of the right to request from the Prisoner
19    Review Board information concerning the release of the
20    defendant under subparagraph (d)(1) of this Section;
21        (11) shall request restitution at sentencing and shall
22    consider restitution in any plea negotiation, as provided
23    by law; and
24        (12) shall, upon the court entering a verdict of not
25    guilty by reason of insanity, inform the victim of the
26    notification services available from the Department of

 

 

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1    Human Services, including the statewide telephone number,
2    under subparagraph (d)(2) of this Section.
3    (c) At the written request of the crime victim, the office
4of the State's Attorney shall:
5        (1) provide notice a reasonable time in advance of the
6    following court proceedings: preliminary hearing, any
7    hearing the effect of which may be the release of defendant
8    from custody, or to alter the conditions of bond and the
9    sentencing hearing. The crime victim shall also be notified
10    of the cancellation of the court proceeding in sufficient
11    time, wherever possible, to prevent an unnecessary
12    appearance in court;
13        (2) provide notice within a reasonable time after
14    receipt of notice from the custodian, of the release of the
15    defendant on bail or personal recognizance or the release
16    from detention of a minor who has been detained for a
17    violent crime;
18        (3) explain in nontechnical language the details of any
19    plea or verdict of a defendant, or any adjudication of a
20    juvenile as a delinquent for a violent crime;
21        (4) where practical, consult with the crime victim
22    before the Office of the State's Attorney makes an offer of
23    a plea bargain to the defendant or enters into negotiations
24    with the defendant concerning a possible plea agreement,
25    and shall consider the written victim impact statement, if
26    prepared prior to entering into a plea agreement;

 

 

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1        (5) provide notice of the ultimate disposition of the
2    cases arising from an indictment or an information, or a
3    petition to have a juvenile adjudicated as a delinquent for
4    a violent crime;
5        (6) provide notice of any appeal taken by the defendant
6    and information on how to contact the appropriate agency
7    handling the appeal;
8        (7) provide notice of any request for post-conviction
9    review filed by the defendant under Article 122 of the Code
10    of Criminal Procedure of 1963, and of the date, time and
11    place of any hearing concerning the petition. Whenever
12    possible, notice of the hearing shall be given in advance;
13        (8) forward a copy of any statement presented under
14    Section 6 to the Prisoner Review Board to be considered by
15    the Board in making its determination under subsection (b)
16    of Section 3-3-8 of the Unified Code of Corrections.
17    (d) (1) The Prisoner Review Board shall inform a victim or
18any other concerned citizen, upon written request, of the
19prisoner's release on parole, mandatory supervised release,
20electronic detention, work release, international transfer or
21exchange, or by the custodian of the discharge of any
22individual who was adjudicated a delinquent for a violent crime
23from State custody and by the sheriff of the appropriate county
24of any such person's final discharge from county custody. The
25Prisoner Review Board, upon written request, shall provide to a
26victim or any other concerned citizen a recent photograph of

 

 

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1any person convicted of a felony, upon his or her release from
2custody. The Prisoner Review Board, upon written request, shall
3inform a victim or any other concerned citizen when feasible at
4least 7 days prior to the prisoner's release on furlough of the
5times and dates of such furlough. Upon written request by the
6victim or any other concerned citizen, the State's Attorney
7shall notify the person once of the times and dates of release
8of a prisoner sentenced to periodic imprisonment. Notification
9shall be based on the most recent information as to victim's or
10other concerned citizen's residence or other location
11available to the notifying authority.
12    (2) When the defendant has been committed to the Department
13of Human Services pursuant to Section 5-2-4 or any other
14provision of the Unified Code of Corrections, the victim may
15request to be notified by the releasing authority of the
16approval by the court of an on-grounds pass, a supervised
17off-grounds pass, an unsupervised off-grounds pass, or
18conditional release; the release on an off-grounds pass; the
19return from an off-grounds pass; transfer to another facility;
20conditional release; escape; death; or final discharge from
21State custody. The Department of Human Services shall establish
22and maintain a statewide telephone number to be used by victims
23to make notification requests under these provisions and shall
24publicize this telephone number on its website and to the
25State's Attorney of each county.
26    (3) In the event of an escape from State custody, the

 

 

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1Department of Corrections or the Department of Juvenile Justice
2immediately shall notify the Prisoner Review Board of the
3escape and the Prisoner Review Board shall notify the victim.
4The notification shall be based upon the most recent
5information as to the victim's residence or other location
6available to the Board. When no such information is available,
7the Board shall make all reasonable efforts to obtain the
8information and make the notification. When the escapee is
9apprehended, the Department of Corrections or the Department of
10Juvenile Justice immediately shall notify the Prisoner Review
11Board and the Board shall notify the victim.
12    (4) The victim of the crime for which the prisoner has been
13sentenced shall receive reasonable written notice not less than
1430 days prior to the parole interview and may submit, in
15writing, on film, videotape or other electronic means or in the
16form of a recording or in person at the parole interview or if
17a victim of a violent crime, by calling the toll-free number
18established in subsection (f) of this Section, information for
19consideration by the Prisoner Review Board. The victim shall be
20notified within 7 days after the prisoner has been granted
21parole and shall be informed of the right to inspect the
22registry of parole decisions, established under subsection (g)
23of Section 3-3-5 of the Unified Code of Corrections. The
24provisions of this paragraph (4) are subject to the Open Parole
25Hearings Act.
26    (5) If a statement is presented under Section 6, the

 

 

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1Prisoner Review Board shall inform the victim of any order of
2discharge entered by the Board pursuant to Section 3-3-8 of the
3Unified Code of Corrections.
4    (6) At the written request of the victim of the crime for
5which the prisoner was sentenced or the State's Attorney of the
6county where the person seeking parole was prosecuted, the
7Prisoner Review Board shall notify the victim and the State's
8Attorney of the county where the person seeking parole was
9prosecuted of the death of the prisoner if the prisoner died
10while on parole or mandatory supervised release.
11    (7) When a defendant who has been committed to the
12Department of Corrections, the Department of Juvenile Justice,
13or the Department of Human Services is released or discharged
14and subsequently committed to the Department of Human Services
15as a sexually violent person and the victim had requested to be
16notified by the releasing authority of the defendant's
17discharge, conditional release, death, or escape from State
18custody, the releasing authority shall provide to the
19Department of Human Services such information that would allow
20the Department of Human Services to contact the victim.
21    (8) When a defendant has been convicted of a sex offense as
22defined in Section 2 of the Sex Offender Registration Act and
23has been sentenced to the Department of Corrections or the
24Department of Juvenile Justice, the Prisoner Review Board shall
25notify the victim of the sex offense of the prisoner's
26eligibility for release on parole, mandatory supervised

 

 

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1release, electronic detention, work release, international
2transfer or exchange, or by the custodian of the discharge of
3any individual who was adjudicated a delinquent for a sex
4offense from State custody and by the sheriff of the
5appropriate county of any such person's final discharge from
6county custody. The notification shall be made to the victim at
7least 30 days, whenever possible, before release of the sex
8offender.
9    (e) The officials named in this Section may satisfy some or
10all of their obligations to provide notices and other
11information through participation in a statewide victim and
12witness notification system established by the Attorney
13General under Section 8.5 of this Act.
14    (f) To permit a victim of a violent crime to provide
15information to the Prisoner Review Board for consideration by
16the Board at a parole hearing of a person who committed the
17crime against the victim in accordance with clause (d)(4) of
18this Section or at a proceeding to determine the conditions of
19mandatory supervised release of a person sentenced to a
20determinate sentence or at a hearing on revocation of mandatory
21supervised release of a person sentenced to a determinate
22sentence, the Board shall establish a toll-free number that may
23be accessed by the victim of a violent crime to present that
24information to the Board.
25(Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10;
2697-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, eff. 7-13-12;

 

 

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197-815, eff. 1-1-13.)
 
2    Section 10. The Unified Code of Corrections is amended by
3changing Section 5-3-2 as follows:
 
4    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
5    Sec. 5-3-2. Presentence Report.
6    (a) In felony cases, the presentence report shall set
7forth:
8        (1) the defendant's history of delinquency or
9    criminality, physical and mental history and condition,
10    family situation and background, economic status,
11    education, occupation and personal habits;
12        (2) information about special resources within the
13    community which might be available to assist the
14    defendant's rehabilitation, including treatment centers,
15    residential facilities, vocational training services,
16    correctional manpower programs, employment opportunities,
17    special educational programs, alcohol and drug abuse
18    programming, psychiatric and marriage counseling, and
19    other programs and facilities which could aid the
20    defendant's successful reintegration into society;
21        (3) the effect the offense committed has had upon the
22    victim or victims thereof, and any compensatory benefit
23    that various sentencing alternatives would confer on such
24    victim or victims;

 

 

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1        (3.5) information provided by the victim's spouse,
2    guardian, parent, grandparent, and other immediate family
3    and household members about the effect the offense
4    committed has had on the victim and on the person providing
5    the information; if the victim's spouse, guardian, parent,
6    grandparent, or other immediate family or household member
7    has provided a written statement, the statement shall be
8    attached to the report;
9        (4) information concerning the defendant's status
10    since arrest, including his record if released on his own
11    recognizance, or the defendant's achievement record if
12    released on a conditional pre-trial supervision program;
13        (5) when appropriate, a plan, based upon the personal,
14    economic and social adjustment needs of the defendant,
15    utilizing public and private community resources as an
16    alternative to institutional sentencing;
17        (6) any other matters that the investigatory officer
18    deems relevant or the court directs to be included; and
19        (7) information concerning defendant's eligibility for
20    a sentence to a county impact incarceration program under
21    Section 5-8-1.2 of this Code.
22    (b) The investigation shall include a physical and mental
23examination of the defendant when so ordered by the court. If
24the court determines that such an examination should be made,
25it shall issue an order that the defendant submit to
26examination at such time and place as designated by the court

 

 

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1and that such examination be conducted by a physician,
2psychologist or psychiatrist designated by the court. Such an
3examination may be conducted in a court clinic if so ordered by
4the court. The cost of such examination shall be paid by the
5county in which the trial is held.
6    (b-5) In cases involving felony sex offenses in which the
7offender is being considered for probation only or any felony
8offense that is sexually motivated as defined in the Sex
9Offender Management Board Act in which the offender is being
10considered for probation only, the investigation shall include
11a sex offender evaluation by an evaluator approved by the Board
12and conducted in conformance with the standards developed under
13the Sex Offender Management Board Act. In cases in which the
14offender is being considered for any mandatory prison sentence,
15the investigation shall not include a sex offender evaluation.
16    (c) In misdemeanor, business offense or petty offense
17cases, except as specified in subsection (d) of this Section,
18when a presentence report has been ordered by the court, such
19presentence report shall contain information on the
20defendant's history of delinquency or criminality and shall
21further contain only those matters listed in any of paragraphs
22(1) through (6) of subsection (a) or in subsection (b) of this
23Section as are specified by the court in its order for the
24report.
25    (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
2612-30 of the Criminal Code of 1961 or the Criminal Code of

 

 

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12012, the presentence report shall set forth information about
2alcohol, drug abuse, psychiatric, and marriage counseling or
3other treatment programs and facilities, information on the
4defendant's history of delinquency or criminality, and shall
5contain those additional matters listed in any of paragraphs
6(1) through (6) of subsection (a) or in subsection (b) of this
7Section as are specified by the court.
8    (e) Nothing in this Section shall cause the defendant to be
9held without bail or to have his bail revoked for the purpose
10of preparing the presentence report or making an examination.
11(Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section
12970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff.
137-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)".