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(725 ILCS 120/4.5)
Procedures to implement the rights of crime victims.
crime victims their rights, law enforcement, prosecutors, judges and
corrections will provide information, as appropriate of the following
(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.
(a-5) When law enforcement authorities re-open a closed case to resume investigating, they shall provide notice of the re-opening of the case, except where the State's Attorney determines that disclosure of such information would unreasonably interfere with the investigation.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of a petition to adjudicate a minor as a delinquent for a violent crime;
(2) shall provide timely notice of the date, time,
and place of court proceedings; of any change in the date, time, and place of court proceedings; and of any cancellation of court proceedings. Notice shall be provided in sufficient time, wherever possible, for the victim to make arrangements to attend or to prevent an unnecessary appearance at court proceedings;
(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;
(3.5) or victim advocate personnel shall provide
information about available victim services, including referrals to programs, counselors, and agencies that assist a victim to deal with trauma, loss, and grief;
(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, whenever possible, a secure
waiting area during court proceedings that does not require victims to be in close proximity to defendants 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 and, in compliance with the federal Americans with Disabilities Act of 1990, the right to communications access through a sign language interpreter or by other means;
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of evidence and confidentiality, an advocate and other support person of the victim's choice;
(9.3) shall inform the victim of 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;
(9.5) shall inform the victim of (A) the victim's
right under Section 6 of this Act to make a victim impact statement at the sentencing hearing; (B) the right of the victim's spouse, guardian, parent, grandparent and other immediate family and household members under Section 6 of this Act to present an impact statement at sentencing; and (C) if a presentence report is to be prepared, the right of the victim's spouse, guardian, parent, grandparent and other immediate family and household members to submit information to the preparer of the presentence report about the effect the offense has had on the victim and the person;
(10) at the sentencing 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 or Department of Juvenile Justice information concerning the release of the defendant;
(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests restitution;
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the notification services available from the Department of Human Services, including the statewide telephone number, under subparagraph (d)(2) of this Section;
(13) shall 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;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to 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. The right to consult with the prosecutor does not include the right to veto a plea agreement or to insist the case go to trial. If the State's Attorney has not consulted with the victim prior to making an offer or entering into plea negotiations with the defendant, the Office of the State's Attorney shall notify the victim of the offer or the negotiations within 2 business days and confer with the victim;
(16) shall 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;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the appropriate agency handling the appeal, and how to request notice of any hearing, oral argument, or decision of an appellate court;
(18) shall provide timely 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 within 48 hours of the court's scheduling of the hearing; and
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department of Juvenile Justice to be considered in making a determination under Section 3-2.5-85 or subsection (b) of Section 3-3-8 of the Unified Code of Corrections.
(c) The court shall ensure that the rights of the victim are afforded.
(c-5) The following procedures shall be followed to afford victims the rights guaranteed by Article I, Section 8.1 of the Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the Office of the Attorney General and provided to the victim by the State's Attorney. The victim may at any time provide a revised written notice to the State's Attorney. The State's Attorney shall file the written notice with the court. At the beginning of any court proceeding in which the right of a victim may be at issue, the court and prosecutor shall review the written notice to determine whether the victim has asserted the right that may be at issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of the victim's rights. Upon the filing of the entry of appearance and service on the State's Attorney and the defendant, the attorney is to receive copies of all notices, motions and court orders filed thereafter in the case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section 8.1 of the Illinois Constitution and the statutory rights under Section 4 of this Act in any court exercising jurisdiction over the criminal case. The prosecuting attorney, a victim, or the victim's retained attorney may assert the victim's rights. The defendant in the criminal case has no standing to assert a right of the victim in any court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by filing a motion or by orally asserting the right or requesting enforcement in open court in the criminal case outside the presence of the jury. The prosecuting attorney shall consult with the victim and the victim's attorney regarding the assertion or enforcement of a right. If the prosecuting attorney decides not to assert or enforce a victim's right, the prosecuting attorney shall notify the victim or the victim's attorney in sufficient time to allow the victim or the victim's attorney to assert the right or to seek enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a right, the victim or the victim's attorney may assert the victim's right or request enforcement of a right by filing a motion or by orally asserting the right or requesting enforcement in open court in the criminal case outside the presence of the jury.
(C) If the prosecuting attorney asserts a
victim's right or seeks enforcement of a right, and the court denies the assertion of the right or denies the request for enforcement of a right, the victim or victim's attorney may file a motion to assert the victim's right or to request enforcement of the right within 10 days of the court's ruling. The motion need not demonstrate the grounds for a motion for reconsideration. The court shall rule on the merits of the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a victim's right without delay, unless a specific time period is specified by law or court rule. The reasons for any decision denying the motion or request shall be clearly stated on the record.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's
right has been violated, the court shall determine the appropriate remedy for the violation of the victim's right by hearing from the victim and the parties, considering all factors relevant to the issue, and then awarding appropriate relief to the victim.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to which the victim was entitled and may include reopening previously held proceedings; however, in no event shall the court vacate a conviction. Any remedy shall be tailored to provide the victim an appropriate remedy without violating any constitutional right of the defendant. In no event shall the appropriate remedy be a new trial, damages, or costs.
(6) Right to be heard. Whenever a victim has the
right to be heard, the court shall allow the victim to exercise the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a
written motion to exclude a victim from trial at least 60 days prior to the date set for trial. The motion must state with specificity the reason exclusion is necessary to protect a constitutional right of the party, and must contain an offer of proof. The court shall rule on the motion within 30 days. If the motion is granted, the court shall set forth on the record the facts that support its finding that the victim's testimony will be materially affected if the victim hears other testimony at trial.
(8) Right to have advocate present. A party who
intends to call an advocate as a witness must seek permission of the court before the subpoena is issued. The party must file a written motion and offer of proof regarding the anticipated testimony of the advocate in sufficient time to allow the court to rule and the victim to seek appellate review. The court shall rule on the motion without delay.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records. A defendant who seeks to subpoena records of or concerning the victim that are confidential or privileged by law must seek permission of the court before the subpoena is issued. The defendant must file a written motion and an offer of proof regarding the relevance, admissibility and materiality of the records. If the court finds by a preponderance of the evidence that: (A) the records are not protected by an absolute privilege and (B) the records contain relevant, admissible, and material evidence that is not available through other witnesses or evidence, the court shall issue a subpoena requiring a sealed copy of the records be delivered to the court to be reviewed in camera. If, after conducting an in camera review of the records, the court determines that due process requires disclosure of any portion of the records, the court shall provide copies of what it intends to disclose to the prosecuting attorney and the victim. The prosecuting attorney and the victim shall have 30 days to seek appellate review before the records are disclosed to the defendant. The disclosure of copies of any portion of the records to the prosecuting attorney does not make the records subject to discovery.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a right of the victim is at issue, the court shall ask the prosecuting attorney whether the victim was notified of the time, place, and purpose of the court proceeding and that the victim had a right to be heard at the court proceeding. If the court determines that timely notice was not given or that the victim was not adequately informed of the nature of the court proceeding, the court shall not rule on any substantive issues, accept a plea, or impose a sentence and shall continue the hearing for the time necessary to notify the victim of the time, place and nature of the court proceeding. The time between court proceedings shall not be attributable to the State under Section 103-5 of the Code of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A
victim has the right to timely disposition of the case so as to minimize the stress, cost, and inconvenience resulting from the victim's involvement in the case. Before ruling on a motion to continue trial or other court proceeding, the court shall inquire into the circumstances for the request for the delay and, if the victim has provided written notice of the assertion of the right to a timely disposition, and whether the victim objects to the delay. If the victim objects, the prosecutor shall inform the court of the victim's objections. If the prosecutor has not conferred with the victim about the continuance, the prosecutor shall inform the court of the attempts to confer. If the court finds the attempts of the prosecutor to confer with the victim were inadequate to protect the victim's right to be heard, the court shall give the prosecutor at least 3 but not more than 5 business days to confer with the victim. In ruling on a motion to continue, the court shall consider the reasons for the requested continuance, the number and length of continuances that have been granted, the victim's objections and procedures to avoid further delays. If a continuance is granted over the victim's objection, the court shall specify on the record the reasons for the continuance and the procedures that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at the time of sentencing, the court shall enter the judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known at the time of sentencing, the prosecutor shall, within 5 days after sentencing, notify the victim what information and documentation related to restitution is needed and that the information and documentation must be provided to the prosecutor within 45 days after sentencing. Failure to timely provide information and documentation related to restitution shall be deemed a waiver of the right to restitution. The prosecutor shall file and serve within 60 days after sentencing a proposed judgment for restitution and a notice that includes information concerning the identity of any victims or other persons seeking restitution, whether any victim or other person expressly declines restitution, the nature and amount of any damages together with any supporting documentation, a restitution amount recommendation, and the names of any co-defendants and their case numbers. Within 30 days after receipt of the proposed judgment for restitution, the defendant shall file any objection to the proposed judgment, a statement of grounds for the objection, and a financial statement. If the defendant does not file an objection, the court may enter the judgment for restitution without further proceedings. If the defendant files an objection and either party requests a hearing, the court shall schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of Corrections from the State's Attorney. The State's Attorney shall redact the following information before providing a copy of the report:
(i) the defendant's mental history and
(ii) any evaluation prepared under
subsection (b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to
the victim any of the information that has been redacted if there is a reasonable likelihood that the information will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of the report and other information. Any dissemination of the report or information that was not stated at a court proceeding constitutes indirect criminal contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney or the prosecuting attorney may file an appeal within 30 days of the trial court's ruling. The trial or appellate court may stay the court proceedings if the court finds that a stay would not violate a constitutional right of the defendant. If the appellate court denies the relief sought, the reasons for the denial shall be clearly stated in a written opinion. In any appeal in a criminal case, the State may assert as error the court's denial of any crime victim's right in the proceeding to which the appeal relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the violation of a victim's right.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction. A victim of domestic violence, a sexual offense, or stalking may request the entry of a protective order under Article 112A of the Code of Criminal Procedure of 1963.
(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, other than the Department of Juvenile Justice, of the discharge of any individual who was adjudicated a delinquent
for a 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.
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.
(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 approval by the court of an on-grounds pass, a supervised off-grounds pass, an unsupervised off-grounds pass, or conditional release; the release on an off-grounds pass; the return from an off-grounds pass; transfer to another facility; conditional release; escape; death; or final discharge from State
custody. The Department of Human Services shall establish and maintain a statewide telephone number to be used by victims to make notification requests under these provisions and shall publicize this telephone number on its website and to the State's Attorney of each county.
(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 30 days prior to the
parole hearing or target aftercare release date and may submit, in writing, on film, videotape or other
electronic means or in the form of a recording prior to the parole hearing or target aftercare release date or in person at the parole hearing or aftercare release protest hearing
or if a victim of a violent crime, by calling the
toll-free number established in subsection (f) of this Section, information
consideration by the Prisoner Review Board or Department of Juvenile Justice. The
victim shall be notified within 7 days after the prisoner has been granted
parole or aftercare release 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 or Department of Juvenile Justice
shall inform the victim of any order of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
(6) At the written or oral request of the victim of the crime for which the
prisoner was sentenced or the State's Attorney of the county where the person seeking parole or aftercare release was prosecuted, the Prisoner Review Board or Department of Juvenile Justice shall notify the victim and the State's Attorney of the county where the person seeking parole or aftercare release was prosecuted of
the death of the prisoner if the prisoner died while on parole or aftercare release or mandatory
(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, conditional release, death, or escape 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 or the Department of Juvenile Justice shall notify the victim of the sex offense of the prisoner's eligibility for release on parole, aftercare release,
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 crime victim of a violent crime to provide information to the
Prisoner Review Board or the Department of Juvenile Justice for consideration by the
Board or Department at a parole hearing or before an aftercare release decision 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. 99-413, eff. 8-20-15; 99-628, eff. 1-1-17; 100-199, eff. 1-1-18