HB3584 EngrossedLRB101 08458 SLF 53534 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Rights of Crime Victims and Witnesses Act is
5amended by changing Sections 4.5 and 6 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
18    (a-5) When law enforcement authorities reopen re-open a
19closed case to resume investigating, they shall provide notice
20of the reopening re-opening of the case, except where the
21State's Attorney determines that disclosure of such
22information would unreasonably interfere with the



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1    (b) The office of the State's Attorney:
2        (1) shall provide notice of the filing of an
3    information, the return of an indictment, or the filing of
4    a petition to adjudicate a minor as a delinquent for a
5    violent crime;
6        (2) shall provide timely notice of the date, time, and
7    place of court proceedings; of any change in the date,
8    time, and place of court proceedings; and of any
9    cancellation of court proceedings. Notice shall be
10    provided in sufficient time, wherever possible, for the
11    victim to make arrangements to attend or to prevent an
12    unnecessary appearance at court proceedings;
13        (3) or victim advocate personnel shall provide
14    information of social services and financial assistance
15    available for victims of crime, including information of
16    how to apply for these services and assistance;
17        (3.5) or victim advocate personnel shall provide
18    information about available victim services, including
19    referrals to programs, counselors, and agencies that
20    assist a victim to deal with trauma, loss, and grief;
21        (4) shall assist in having any stolen or other personal
22    property held by law enforcement authorities for
23    evidentiary or other purposes returned as expeditiously as
24    possible, pursuant to the procedures set out in Section
25    115-9 of the Code of Criminal Procedure of 1963;
26        (5) or victim advocate personnel shall provide



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1    appropriate employer intercession services to ensure that
2    employers of victims will cooperate with the criminal
3    justice system in order to minimize an employee's loss of
4    pay and other benefits resulting from court appearances;
5        (6) shall provide, whenever possible, a secure waiting
6    area during court proceedings that does not require victims
7    to be in close proximity to defendants or juveniles accused
8    of a violent crime, and their families and friends;
9        (7) shall provide notice to the crime victim of the
10    right to have a translator present at all court proceedings
11    and, in compliance with the federal Americans with
12    Disabilities Act of 1990, the right to communications
13    access through a sign language interpreter or by other
14    means;
15        (8) (blank);
16        (8.5) shall inform the victim of the right to be
17    present at all court proceedings, unless the victim is to
18    testify and the court determines that the victim's
19    testimony would be materially affected if the victim hears
20    other testimony at trial;
21        (9) shall inform the victim of the right to have
22    present at all court proceedings, subject to the rules of
23    evidence and confidentiality, an advocate and other
24    support person of the victim's choice;
25        (9.3) shall inform the victim of the right to retain an
26    attorney, at the victim's own expense, who, upon written



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



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1    guilty by reason of insanity, inform the victim of the
2    notification services available from the Department of
3    Human Services, including the statewide telephone number,
4    under subparagraph (d)(2) of this Section;
5        (13) shall provide notice within a reasonable time
6    after receipt of notice from the custodian, of the release
7    of the defendant on bail or personal recognizance or the
8    release from detention of a minor who has been detained;
9        (14) shall explain in nontechnical language the
10    details of any plea or verdict of a defendant, or any
11    adjudication of a juvenile as a delinquent;
12        (15) shall make all reasonable efforts to consult with
13    the crime victim before the Office of the State's Attorney
14    makes an offer of a plea bargain to the defendant or enters
15    into negotiations with the defendant concerning a possible
16    plea agreement, and shall consider the written statement,
17    if prepared prior to entering into a plea agreement. The
18    right to consult with the prosecutor does not include the
19    right to veto a plea agreement or to insist the case go to
20    trial. If the State's Attorney has not consulted with the
21    victim prior to making an offer or entering into plea
22    negotiations with the defendant, the Office of the State's
23    Attorney shall notify the victim of the offer or the
24    negotiations within 2 business days and confer with the
25    victim;
26        (16) shall provide notice of the ultimate disposition



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1    of the cases arising from an indictment or an information,
2    or a petition to have a juvenile adjudicated as a
3    delinquent for a violent crime;
4        (17) shall provide notice of any appeal taken by the
5    defendant and information on how to contact the appropriate
6    agency handling the appeal, and how to request notice of
7    any hearing, oral argument, or decision of an appellate
8    court;
9        (18) shall provide timely notice of any request for
10    post-conviction review filed by the defendant under
11    Article 122 of the Code of Criminal Procedure of 1963, and
12    of the date, time and place of any hearing concerning the
13    petition. Whenever possible, notice of the hearing shall be
14    given within 48 hours of the court's scheduling of the
15    hearing; and
16        (19) shall forward a copy of any statement presented
17    under Section 6 to the Prisoner Review Board or Department
18    of Juvenile Justice to be considered in making a
19    determination under Section 3-2.5-85 or subsection (b) of
20    Section 3-3-8 of the Unified Code of Corrections.
21    (c) The court shall ensure that the rights of the victim
22are afforded.
23    (c-5) The following procedures shall be followed to afford
24victims the rights guaranteed by Article I, Section 8.1 of the
25Illinois Constitution:
26        (1) Written notice. A victim may complete a written



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1    notice of intent to assert rights on a form prepared by the
2    Office of the Attorney General and provided to the victim
3    by the State's Attorney. The victim may at any time provide
4    a revised written notice to the State's Attorney. The
5    State's Attorney shall file the written notice with the
6    court. At the beginning of any court proceeding in which
7    the right of a victim may be at issue, the court and
8    prosecutor shall review the written notice to determine
9    whether the victim has asserted the right that may be at
10    issue.
11        (2) Victim's retained attorney. A victim's attorney
12    shall file an entry of appearance limited to assertion of
13    the victim's rights. Upon the filing of the entry of
14    appearance and service on the State's Attorney and the
15    defendant, the attorney is to receive copies of all
16    notices, motions and court orders filed thereafter in the
17    case.
18        (3) Standing. The victim has standing to assert the
19    rights enumerated in subsection (a) of Article I, Section
20    8.1 of the Illinois Constitution and the statutory rights
21    under Section 4 of this Act in any court exercising
22    jurisdiction over the criminal case. The prosecuting
23    attorney, a victim, or the victim's retained attorney may
24    assert the victim's rights. The defendant in the criminal
25    case has no standing to assert a right of the victim in any
26    court proceeding, including on appeal.



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1        (4) Assertion of and enforcement of rights.
2            (A) The prosecuting attorney shall assert a
3        victim's right or request enforcement of a right by
4        filing a motion or by orally asserting the right or
5        requesting enforcement in open court in the criminal
6        case outside the presence of the jury. The prosecuting
7        attorney shall consult with the victim and the victim's
8        attorney regarding the assertion or enforcement of a
9        right. If the prosecuting attorney decides not to
10        assert or enforce a victim's right, the prosecuting
11        attorney shall notify the victim or the victim's
12        attorney in sufficient time to allow the victim or the
13        victim's attorney to assert the right or to seek
14        enforcement of a right.
15            (B) If the prosecuting attorney elects not to
16        assert a victim's right or to seek enforcement of a
17        right, the victim or the victim's attorney may assert
18        the victim's right or request enforcement of a right by
19        filing a motion or by orally asserting the right or
20        requesting enforcement in open court in the criminal
21        case outside the presence of the jury.
22            (C) If the prosecuting attorney asserts a victim's
23        right or seeks enforcement of a right, and the court
24        denies the assertion of the right or denies the request
25        for enforcement of a right, the victim or victim's
26        attorney may file a motion to assert the victim's right



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1        or to request enforcement of the right within 10 days
2        of the court's ruling. The motion need not demonstrate
3        the grounds for a motion for reconsideration. The court
4        shall rule on the merits of the motion.
5            (D) The court shall take up and decide any motion
6        or request asserting or seeking enforcement of a
7        victim's right without delay, unless a specific time
8        period is specified by law or court rule. The reasons
9        for any decision denying the motion or request shall be
10        clearly stated on the record.
11        (5) Violation of rights and remedies.
12            (A) If the court determines that a victim's right
13        has been violated, the court shall determine the
14        appropriate remedy for the violation of the victim's
15        right by hearing from the victim and the parties,
16        considering all factors relevant to the issue, and then
17        awarding appropriate relief to the victim.
18            (A-5) Consideration of an issue of a substantive
19        nature or an issue that implicates the constitutional
20        or statutory right of a victim at a court proceeding
21        labeled as a status hearing shall constitute a per se
22        violation of a victim's right.
23            (B) The appropriate remedy shall include only
24        actions necessary to provide the victim the right to
25        which the victim was entitled and may include reopening
26        previously held proceedings; however, in no event



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1        shall the court vacate a conviction. Any remedy shall
2        be tailored to provide the victim an appropriate remedy
3        without violating any constitutional right of the
4        defendant. In no event shall the appropriate remedy be
5        a new trial, damages, or costs.
6        (6) Right to be heard. Whenever a victim has the right
7    to be heard, the court shall allow the victim to exercise
8    the right in any reasonable manner the victim chooses.
9        (7) Right to attend trial. A party must file a written
10    motion to exclude a victim from trial at least 60 days
11    prior to the date set for trial. The motion must state with
12    specificity the reason exclusion is necessary to protect a
13    constitutional right of the party, and must contain an
14    offer of proof. The court shall rule on the motion within
15    30 days. If the motion is granted, the court shall set
16    forth on the record the facts that support its finding that
17    the victim's testimony will be materially affected if the
18    victim hears other testimony at trial.
19        (8) Right to have advocate and support person present
20    at court proceedings.
21            (A) A party who intends to call an advocate as a
22        witness at trial must seek permission of the court
23        before the subpoena is issued. The party must file a
24        written motion at least 90 days before trial that sets
25        forth specifically the issues on which the advocate's
26        testimony is sought and an offer of proof regarding (i)



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1        the content of the anticipated testimony of the
2        advocate; and (ii) the relevance, admissibility, and
3        materiality of the anticipated testimony. The court
4        shall consider the motion and make findings within 30
5        days of the filing of the motion. If the court finds by
6        a preponderance of the evidence that: (i) the
7        anticipated testimony is not protected by an absolute
8        privilege; and (ii) the anticipated testimony contains
9        relevant, admissible, and material evidence that is
10        not available through other witnesses or evidence, the
11        court shall issue a subpoena requiring the advocate to
12        appear to testify at an in camera hearing. The
13        prosecuting attorney and the victim shall have 15 days
14        to seek appellate review before the advocate is
15        required to testify at an ex parte in camera
16        proceeding.
17            The prosecuting attorney, the victim, and the
18        advocate's attorney shall be allowed to be present at
19        the ex parte in camera proceeding. If, after conducting
20        the ex parte in camera hearing, the court determines
21        that due process requires any testimony regarding
22        confidential or privileged information or
23        communications, the court shall provide to the
24        prosecuting attorney, the victim, and the advocate's
25        attorney a written memorandum on the substance of the
26        advocate's testimony. The prosecuting attorney, the



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1        victim, and the advocate's attorney shall have 15 days
2        to seek appellate review before a subpoena may be
3        issued for the advocate to testify at trial. The
4        presence of the prosecuting attorney at the ex parte in
5        camera proceeding does not make the substance of the
6        advocate's testimony that the court has ruled
7        inadmissible subject to discovery.
8            (B) If a victim has asserted the right to have a
9        support person present at the court proceedings, the
10        victim shall provide the name of the person the victim
11        has chosen to be the victim's support person to the
12        prosecuting attorney, within 60 days of trial. The
13        prosecuting attorney shall provide the name to the
14        defendant. If the defendant intends to call the support
15        person as a witness at trial, the defendant must seek
16        permission of the court before a subpoena is issued.
17        The defendant must file a written motion at least 45
18        days prior to trial that sets forth specifically the
19        issues on which the support person will testify and an
20        offer of proof regarding: (i) the content of the
21        anticipated testimony of the support person; and (ii)
22        the relevance, admissibility, and materiality of the
23        anticipated testimony.
24            If the prosecuting attorney intends to call the
25        support person as a witness during the State's
26        case-in-chief, the prosecuting attorney shall inform



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1        the court of this intent in the response to the
2        defendant's written motion. The victim may choose a
3        different person to be the victim's support person. The
4        court may allow the defendant to inquire about matters
5        outside the scope of the direct examination during
6        cross-examination cross examination. If the court
7        allows the defendant to do so, the support person shall
8        be allowed to remain in the courtroom after the support
9        person has testified. A defendant who fails to question
10        the support person about matters outside the scope of
11        direct examination during the State's case-in-chief
12        waives the right to challenge the presence of the
13        support person on appeal. The court shall allow the
14        support person to testify if called as a witness in the
15        defendant's case-in-chief or the State's rebuttal.
16            If the court does not allow the defendant to
17        inquire about matters outside the scope of the direct
18        examination, the support person shall be allowed to
19        remain in the courtroom after the support person has
20        been called by the defendant or the defendant has
21        rested. The court shall allow the support person to
22        testify in the State's rebuttal.
23            If the prosecuting attorney does not intend to call
24        the support person in the State's case-in-chief, the
25        court shall verify with the support person whether the
26        support person, if called as a witness, would testify



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1        as set forth in the offer of proof. If the court finds
2        that the support person would testify as set forth in
3        the offer of proof, the court shall rule on the
4        relevance, materiality, and admissibility of the
5        anticipated testimony. If the court rules the
6        anticipated testimony is admissible, the court shall
7        issue the subpoena. The support person may remain in
8        the courtroom after the support person testifies and
9        shall be allowed to testify in rebuttal.
10            If the court excludes the victim's support person
11        during the State's case-in-chief, the victim shall be
12        allowed to choose another support person to be present
13        in court.
14            If the victim fails to designate a support person
15        within 60 days of trial and the defendant has
16        subpoenaed the support person to testify at trial, the
17        court may exclude the support person from the trial
18        until the support person testifies. If the court
19        excludes the support person the victim may choose
20        another person as a support person.
21        (9) Right to notice and hearing before disclosure of
22    confidential or privileged information or records. A
23    defendant who seeks to subpoena records of or concerning
24    the victim that are confidential or privileged by law must
25    seek permission of the court before the subpoena is issued.
26    The defendant must file a written motion and an offer of



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1    proof regarding the relevance, admissibility and
2    materiality of the records. If the court finds by a
3    preponderance of the evidence that: (A) the records are not
4    protected by an absolute privilege and (B) the records
5    contain relevant, admissible, and material evidence that
6    is not available through other witnesses or evidence, the
7    court shall issue a subpoena requiring a sealed copy of the
8    records be delivered to the court to be reviewed in camera.
9    If, after conducting an in camera review of the records,
10    the court determines that due process requires disclosure
11    of any portion of the records, the court shall provide
12    copies of what it intends to disclose to the prosecuting
13    attorney and the victim. The prosecuting attorney and the
14    victim shall have 30 days to seek appellate review before
15    the records are disclosed to the defendant. The disclosure
16    of copies of any portion of the records to the prosecuting
17    attorney does not make the records subject to discovery.
18        (10) Right to notice of court proceedings. If the
19    victim is not present at a court proceeding in which a
20    right of the victim is at issue, the court shall ask the
21    prosecuting attorney whether the victim was notified of the
22    time, place, and purpose of the court proceeding and that
23    the victim had a right to be heard at the court proceeding.
24    If the court determines that timely notice was not given or
25    that the victim was not adequately informed of the nature
26    of the court proceeding, the court shall not rule on any



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1    substantive issues, accept a plea, or impose a sentence and
2    shall continue the hearing for the time necessary to notify
3    the victim of the time, place and nature of the court
4    proceeding. The time between court proceedings shall not be
5    attributable to the State under Section 103-5 of the Code
6    of Criminal Procedure of 1963.
7        (11) Right to timely disposition of the case. A victim
8    has the right to timely disposition of the case so as to
9    minimize the stress, cost, and inconvenience resulting
10    from the victim's involvement in the case. Before ruling on
11    a motion to continue trial or other court proceeding, the
12    court shall inquire into the circumstances for the request
13    for the delay and, if the victim has provided written
14    notice of the assertion of the right to a timely
15    disposition, and whether the victim objects to the delay.
16    If the victim objects, the prosecutor shall inform the
17    court of the victim's objections. If the prosecutor has not
18    conferred with the victim about the continuance, the
19    prosecutor shall inform the court of the attempts to
20    confer. If the court finds the attempts of the prosecutor
21    to confer with the victim were inadequate to protect the
22    victim's right to be heard, the court shall give the
23    prosecutor at least 3 but not more than 5 business days to
24    confer with the victim. In ruling on a motion to continue,
25    the court shall consider the reasons for the requested
26    continuance, the number and length of continuances that



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1    have been granted, the victim's objections and procedures
2    to avoid further delays. If a continuance is granted over
3    the victim's objection, the court shall specify on the
4    record the reasons for the continuance and the procedures
5    that have been or will be taken to avoid further delays.
6        (12) Right to Restitution.
7            (A) If the victim has asserted the right to
8        restitution and the amount of restitution is known at
9        the time of sentencing, the court shall enter the
10        judgment of restitution at the time of sentencing.
11            (B) If the victim has asserted the right to
12        restitution and the amount of restitution is not known
13        at the time of sentencing, the prosecutor shall, within
14        5 days after sentencing, notify the victim what
15        information and documentation related to restitution
16        is needed and that the information and documentation
17        must be provided to the prosecutor within 45 days after
18        sentencing. Failure to timely provide information and
19        documentation related to restitution shall be deemed a
20        waiver of the right to restitution. The prosecutor
21        shall file and serve within 60 days after sentencing a
22        proposed judgment for restitution and a notice that
23        includes information concerning the identity of any
24        victims or other persons seeking restitution, whether
25        any victim or other person expressly declines
26        restitution, the nature and amount of any damages



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1        together with any supporting documentation, a
2        restitution amount recommendation, and the names of
3        any co-defendants and their case numbers. Within 30
4        days after receipt of the proposed judgment for
5        restitution, the defendant shall file any objection to
6        the proposed judgment, a statement of grounds for the
7        objection, and a financial statement. If the defendant
8        does not file an objection, the court may enter the
9        judgment for restitution without further proceedings.
10        If the defendant files an objection and either party
11        requests a hearing, the court shall schedule a hearing.
12        (13) Access to presentence reports.
13            (A) The victim may request a copy of the
14        presentence report prepared under the Unified Code of
15        Corrections from the State's Attorney. The State's
16        Attorney shall redact the following information before
17        providing a copy of the report:
18                (i) the defendant's mental history and
19            condition;
20                (ii) any evaluation prepared under subsection
21            (b) or (b-5) of Section 5-3-2; and
22                (iii) the name, address, phone number, and
23            other personal information about any other victim.
24            (B) The State's Attorney or the defendant may
25        request the court redact other information in the
26        report that may endanger the safety of any person.



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1            (C) The State's Attorney may orally disclose to the
2        victim any of the information that has been redacted if
3        there is a reasonable likelihood that the information
4        will be stated in court at the sentencing.
5            (D) The State's Attorney must advise the victim
6        that the victim must maintain the confidentiality of
7        the report and other information. Any dissemination of
8        the report or information that was not stated at a
9        court proceeding constitutes indirect criminal
10        contempt of court.
11        (14) Appellate relief. If the trial court denies the
12    relief requested, the victim, the victim's attorney, or the
13    prosecuting attorney may file an appeal within 30 days of
14    the trial court's ruling. The trial or appellate court may
15    stay the court proceedings if the court finds that a stay
16    would not violate a constitutional right of the defendant.
17    If the appellate court denies the relief sought, the
18    reasons for the denial shall be clearly stated in a written
19    opinion. In any appeal in a criminal case, the State may
20    assert as error the court's denial of any crime victim's
21    right in the proceeding to which the appeal relates.
22        (15) Limitation on appellate relief. In no case shall
23    an appellate court provide a new trial to remedy the
24    violation of a victim's right.
25        (16) The right to be reasonably protected from the
26    accused throughout the criminal justice process and the



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1    right to have the safety of the victim and the victim's
2    family considered in denying or fixing the amount of bail,
3    determining whether to release the defendant, and setting
4    conditions of release after arrest and conviction. A victim
5    of domestic violence, a sexual offense, or stalking may
6    request the entry of a protective order under Article 112A
7    of the Code of Criminal Procedure of 1963.
8    (d)(1) The Prisoner Review Board shall inform a victim or
9any other concerned citizen, upon written request, of the
10prisoner's release on parole, mandatory supervised release,
11electronic detention, work release, international transfer or
12exchange, or by the custodian, other than the Department of
13Juvenile Justice, of the discharge of any individual who was
14adjudicated a delinquent for a crime from State custody and by
15the sheriff of the appropriate county of any such person's
16final discharge from county custody. The Prisoner Review Board,
17upon written request, shall provide to a victim or any other
18concerned citizen a recent photograph of any person convicted
19of a felony, upon his or her release from custody. The Prisoner
20Review Board, upon written request, shall inform a victim or
21any other concerned citizen when feasible at least 7 days prior
22to the prisoner's release on furlough of the times and dates of
23such furlough. Upon written request by the victim or any other
24concerned citizen, the State's Attorney shall notify the person
25once of the times and dates of release of a prisoner sentenced
26to periodic imprisonment. Notification shall be based on the



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1most recent information as to victim's or other concerned
2citizen's residence or other location available to the
3notifying authority.
4    (2) When the defendant has been committed to the Department
5of Human Services pursuant to Section 5-2-4 or any other
6provision of the Unified Code of Corrections, the victim may
7request to be notified by the releasing authority of the
8approval by the court of an on-grounds pass, a supervised
9off-grounds pass, an unsupervised off-grounds pass, or
10conditional release; the release on an off-grounds pass; the
11return from an off-grounds pass; transfer to another facility;
12conditional release; escape; death; or final discharge from
13State custody. The Department of Human Services shall establish
14and maintain a statewide telephone number to be used by victims
15to make notification requests under these provisions and shall
16publicize this telephone number on its website and to the
17State's Attorney of each county.
18    (3) In the event of an escape from State custody, the
19Department of Corrections or the Department of Juvenile Justice
20immediately shall notify the Prisoner Review Board of the
21escape and the Prisoner Review Board shall notify the victim.
22The notification shall be based upon the most recent
23information as to the victim's residence or other location
24available to the Board. When no such information is available,
25the Board shall make all reasonable efforts to obtain the
26information and make the notification. When the escapee is



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1apprehended, the Department of Corrections or the Department of
2Juvenile Justice immediately shall notify the Prisoner Review
3Board and the Board shall notify the victim.
4    (4) The victim of the crime for which the prisoner has been
5sentenced shall receive reasonable written notice not less than
630 days prior to the parole hearing or target aftercare release
7date and may submit, in writing, on film, videotape, or other
8electronic means or in the form of a recording prior to the
9parole hearing or target aftercare release date or in person at
10the parole hearing or aftercare release protest hearing or if a
11victim of a violent crime, by calling the toll-free number
12established in subsection (f) of this Section, information for
13consideration by the Prisoner Review Board or Department of
14Juvenile Justice. The victim shall be notified within 7 days
15after the prisoner has been granted parole or aftercare release
16and shall be informed of the right to inspect the registry of
17parole decisions, established under subsection (g) of Section
183-3-5 of the Unified Code of Corrections. The provisions of
19this paragraph (4) are subject to the Open Parole Hearings Act.
20Victim impact statements received by the Board shall be
21confidential and privileged.
22    (5) If a statement is presented under Section 6, the
23Prisoner Review Board or Department of Juvenile Justice shall
24inform the victim of any order of discharge pursuant to Section
253-2.5-85 or 3-3-8 of the Unified Code of Corrections.
26    (6) At the written or oral request of the victim of the



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



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1exchange, or by the custodian of the discharge of any
2individual who was adjudicated a delinquent for a sex offense
3from State custody and by the sheriff of the appropriate county
4of any such person's final discharge from county custody. The
5notification shall be made to the victim at least 30 days,
6whenever possible, before release of the sex offender.
7    (e) The officials named in this Section may satisfy some or
8all of their obligations to provide notices and other
9information through participation in a statewide victim and
10witness notification system established by the Attorney
11General under Section 8.5 of this Act.
12    (f) To permit a crime victim of a violent crime to provide
13information to the Prisoner Review Board or the Department of
14Juvenile Justice for consideration by the Board or Department
15at a parole hearing or before an aftercare release decision of
16a person who committed the crime against the victim in
17accordance with clause (d)(4) of this Section or at a
18proceeding to determine the conditions of mandatory supervised
19release of a person sentenced to a determinate sentence or at a
20hearing on revocation of mandatory supervised release of a
21person sentenced to a determinate sentence, the Board shall
22establish a toll-free number that may be accessed by the victim
23of a violent crime to present that information to the Board.
24(Source: P.A. 99-413, eff. 8-20-15; 99-628, eff. 1-1-17;
25100-199, eff. 1-1-18; 100-961, eff. 1-1-19; revised 10-3-18.)



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1    (725 ILCS 120/6)  (from Ch. 38, par. 1406)
2    Sec. 6. Right to be heard at sentencing.
3    (a) A crime victim shall be allowed to present an oral or
4written statement in any case in which a defendant has been
5convicted of a violent crime or a juvenile has been adjudicated
6delinquent for a violent crime after a bench or jury trial, or
7a defendant who was charged with a violent crime and has been
8convicted under a plea agreement of a crime that is not a
9violent crime as defined in subsection (c) of Section 3 of this
10Act. The court shall allow a victim to make an oral statement
11if the victim is present in the courtroom and requests to make
12an oral statement. An oral statement includes the victim or a
13representative of the victim reading the written statement. The
14court may allow persons impacted by the crime who are not
15victims under subsection (a) of Section 3 of this Act to
16present an oral or written statement. A victim and any person
17making an oral statement shall not be put under oath or subject
18to cross-examination. The court shall consider any statement
19presented along with all other appropriate factors in
20determining the sentence of the defendant or disposition of
21such juvenile.
22    (a-1) In any case where a defendant has been convicted of a
23violation of any statute, ordinance, or regulation relating to
24the operation or use of motor vehicles, the use of streets and
25highways by pedestrians or the operation of any other wheeled
26or tracked vehicle, except parking violations, if the violation



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1resulted in great bodily harm or death, the person who suffered
2great bodily harm, the injured person's representative, or the
3representative of a deceased person shall be entitled to notice
4of the sentencing hearing. "Representative" includes the
5spouse, guardian, grandparent, or other immediate family or
6household member of an injured or deceased person. The injured
7person or his or her representative and a representative of the
8deceased person shall have the right to address the court
9regarding the impact that the defendant's criminal conduct has
10had upon them. If more than one representative of an injured or
11deceased person is present in the courtroom at the time of
12sentencing, the court has discretion to permit one or more of
13the representatives to present an oral impact statement. A
14victim and any person making an oral statement shall not be put
15under oath or subject to cross-examination. The court shall
16consider any impact statement presented along with all other
17appropriate factors in determining the sentence of the
19    (a-5) A crime victim shall be allowed to present an oral
20and written victim impact statement at a hearing ordered by the
21court under the Mental Health and Developmental Disabilities
22Code to determine if the defendant is: (1) in need of mental
23health services on an inpatient basis; (2) in need of mental
24health services on an outpatient basis; or (3) not in need of
25mental health services, unless the defendant was under 18 years
26of age at the time the offense was committed. The court shall



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1allow a victim to make an oral impact statement if the victim
2is present in the courtroom and requests to make an oral
3statement. An oral statement includes the victim or a
4representative of the victim reading the written impact
5statement. The court may allow persons impacted by the crime
6who are not victims under subsection (a) of Section 3 of this
7Act, to present an oral or written statement. A victim and any
8person making an oral statement shall not be put under oath or
9subject to cross-examination. The court may only consider the
10impact statement along with all other appropriate factors in
11determining the: (1) threat of serious physical harm posed
12poised by the respondent to himself or herself, or to another
13person; (2) location of inpatient or outpatient mental health
14services ordered by the court, but only after complying with
15all other applicable administrative, rule, and statutory
16requirements; (3) maximum period of commitment for inpatient
17mental health services; and (4) conditions of release for
18outpatient mental health services ordered by the court.
19    (b) The crime victim has the right to prepare a victim
20impact statement and present it to the Office of the State's
21Attorney at any time during the proceedings. Any written victim
22impact statement submitted to the Office of the State's
23Attorney shall be considered by the court during its
24consideration of aggravation and mitigation in plea
25proceedings under Supreme Court Rule 402.
26    (b-5) The crime victim has the right to register with the



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1Prisoner Review Board's victim registry. The crime victim has
2the right to submit a victim impact statement to the Board for
3consideration at hearings as provided in the Open Parole
4Hearings Act or at an executive clemency hearing as provided in
5Section 3-3-13 of the Unified Code of Corrections. Victim
6impact statements received by the Board shall be confidential
7and privileged.
8    (c) This Section shall apply to any victims during any
9dispositional hearing under Section 5-705 of the Juvenile Court
10Act of 1987 which takes place pursuant to an adjudication or
11trial or plea of delinquency for any such offense.
12    (d) If any provision of this Section or its application to
13any person or circumstance is held invalid, the invalidity of
14that provision does not affect any other provision or
15application of this Section that can be given effect without
16the invalid provision or application.
17(Source: P.A. 99-413, eff. 8-20-15; 100-961, eff. 1-1-19;
18revised 10-3-18.)
19    Section 10. The Unified Code of Corrections is amended by
20changing Sections 3-3-4 and 3-3-13 as follows:
21    (730 ILCS 5/3-3-4)  (from Ch. 38, par. 1003-3-4)
22    Sec. 3-3-4. Preparation for parole hearing.
23    (a) The Prisoner Review Board shall consider the parole of
24each eligible person committed to the Department of Corrections



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1at least 30 days prior to the date he or she shall first become
2eligible for parole.
3    (b) A person eligible for parole shall, no less than 15
4days in advance of his or her parole interview, prepare a
5parole plan in accordance with the rules of the Prisoner Review
6Board. The person shall be assisted in preparing his or her
7parole plan by personnel of the Department of Corrections, and
8may, for this purpose, be released on furlough under Article
911. The Department shall also provide assistance in obtaining
10information and records helpful to the individual for his or
11her parole hearing. If the person eligible for parole has a
12petition or any written submissions prepared on his or her
13behalf by an attorney or other representative, the attorney or
14representative for the person eligible for parole must serve by
15certified mail the State's Attorney of the county where he or
16she was prosecuted with the petition or any written submissions
1715 days after his or her parole interview. The State's Attorney
18shall provide the attorney for the person eligible for parole
19with a copy of his or her letter in opposition to parole via
20certified mail within 5 business days of the en banc hearing.
21    (c) Any member of the Board shall have access at all
22reasonable times to any committed person and to his or her
23master record file within the Department, and the Department
24shall furnish such a report to the Board concerning the conduct
25and character of any such person prior to his or her parole



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1    (d) In making its determination of parole, the Board shall
3        (1) (blank);
4        (2) the report under Section 3-8-2 or 3-10-2;
5        (3) a report by the Department and any report by the
6    chief administrative officer of the institution or
7    facility;
8        (4) a parole progress report;
9        (5) a medical and psychological report, if requested by
10    the Board;
11        (6) material in writing, or on film, video tape or
12    other electronic means in the form of a recording submitted
13    by the person whose parole is being considered;
14        (7) material in writing, or on film, video tape or
15    other electronic means in the form of a recording or
16    testimony submitted by the State's Attorney and the victim
17    or a concerned citizen pursuant to the Rights of Crime
18    Victims and Witnesses Act; and
19        (8) the person's eligibility for commitment under the
20    Sexually Violent Persons Commitment Act.
21    (e) The prosecuting State's Attorney's office shall
22receive from the Board reasonable written notice not less than
2330 days prior to the parole interview and may submit relevant
24information by oral argument or testimony of victims and
25concerned citizens, or both, in writing, or on film, video tape
26or other electronic means or in the form of a recording to the



HB3584 Engrossed- 31 -LRB101 08458 SLF 53534 b

1Board for its consideration. Upon written request of the
2State's Attorney's office, the Prisoner Review Board shall hear
3protests to parole, except in counties of 1,500,000 or more
4inhabitants where there shall be standing objections to all
5such petitions. If a State's Attorney who represents a county
6of less than 1,500,000 inhabitants requests a protest hearing,
7the inmate's counsel or other representative shall also receive
8notice of such request. This hearing shall take place the month
9following the inmate's parole interview. If the inmate's parole
10interview is rescheduled then the Prisoner Review Board shall
11promptly notify the State's Attorney of the new date. The
12person eligible for parole shall be heard at the next scheduled
13en banc hearing date. If the case is to be continued, the
14State's Attorney's office and the attorney or representative
15for the person eligible for parole will be notified of any
16continuance within 5 business days. The State's Attorney may
17waive the written notice.
18    (f) The victim of the violent crime for which the prisoner
19has been sentenced shall receive notice of a parole hearing as
20provided in paragraph (4) of subsection (d) of Section 4.5 of
21the Rights of Crime Victims and Witnesses Act.
22    (g) Any recording considered under the provisions of
23subsection (d)(6), (d)(7) or (e) of this Section shall be in
24the form designated by the Board. Such recording shall be both
25visual and aural. Every voice on the recording and person
26present shall be identified and the recording shall contain



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1either a visual or aural statement of the person submitting
2such recording, the date of the recording and the name of the
3person whose parole eligibility is being considered. Such
4recordings shall be retained by the Board and shall be deemed
5to be submitted at any subsequent parole hearing if the victim
6or State's Attorney submits in writing a declaration clearly
7identifying such recording as representing the present
8position of the victim or State's Attorney regarding the issues
9to be considered at the parole hearing.
10    (h) The Board shall not release any material to the inmate,
11the inmate's attorney, any third party, or any other person
12containing any information from the victim or from a person
13related to the victim by blood, adoption, or marriage who has
14provided a victim impact statement to the Board written
15objections, testified at any hearing, or submitted audio or
16visual objections to the inmate's parole, unless provided with
17a waiver from the victim that objecting party. The Board shall
18not release the names or addresses of any person on its victim
19registry to any other person except the victim, a law
20enforcement agency, or other victim notification system.
21Victim impact statements shall be confidential and privileged.
22(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
2398-717, eff. 1-1-15; 99-628, eff. 1-1-17.)
24    (730 ILCS 5/3-3-13)  (from Ch. 38, par. 1003-3-13)
25    Sec. 3-3-13. Procedure for Executive Clemency.



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1    (a) Petitions seeking pardon, commutation, or reprieve
2shall be addressed to the Governor and filed with the Prisoner
3Review Board. The petition shall be in writing and signed by
4the person under conviction or by a person on his behalf. It
5shall contain a brief history of the case, the reasons for
6seeking executive clemency, and other relevant information the
7Board may require.
8    (a-5) After a petition has been denied by the Governor, the
9Board may not accept a repeat petition for executive clemency
10for the same person until one full year has elapsed from the
11date of the denial. The Chairman of the Board may waive the
12one-year requirement if the petitioner offers in writing new
13information that was unavailable to the petitioner at the time
14of the filing of the prior petition and which the Chairman
15determines to be significant. The Chairman also may waive the
16one-year waiting period if the petitioner can show that a
17change in circumstances of a compelling humanitarian nature has
18arisen since the denial of the prior petition.
19    (b) Notice of the proposed application shall be given by
20the Board to the committing court and the state's attorney of
21the county where the conviction was had.
22    (c) The Board shall, if requested and upon due notice, give
23a hearing to each application, allowing representation by
24counsel, if desired, after which it shall confidentially advise
25the Governor by a written report of its recommendations which
26shall be determined by majority vote. The Board shall meet to



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1consider such petitions no less than 4 times each year.
2    Application for executive clemency under this Section may
3not be commenced on behalf of a person who has been sentenced
4to death without the written consent of the defendant, unless
5the defendant, because of a mental or physical condition, is
6incapable of asserting his or her own claim. The written report
7of the Board's recommendations to the Governor shall be
9    (d) The Governor shall decide each application and
10communicate his decision to the Board which shall notify the
12    In the event a petitioner who has been convicted of a Class
13X felony is granted a release, after the Governor has
14communicated such decision to the Board, the Board shall give
15written notice to the Sheriff of the county from which the
16offender was sentenced if such sheriff has requested that such
17notice be given on a continuing basis. In cases where arrest of
18the offender or the commission of the offense took place in any
19municipality with a population of more than 10,000 persons, the
20Board shall also give written notice to the proper law
21enforcement agency for said municipality which has requested
22notice on a continuing basis.
23    (e) Nothing in this Section shall be construed to limit the
24power of the Governor under the constitution to grant a
25reprieve, commutation of sentence, or pardon.
26(Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)



HB3584 Engrossed- 35 -LRB101 08458 SLF 53534 b

1    Section 15. The Open Parole Hearings Act is amended by
2changing Section 35 as follows:
3    (730 ILCS 105/35)  (from Ch. 38, par. 1685)
4    Sec. 35. Victim impact statements.
5    (a) The Board shall receive and consider victim impact
7    (b) Victim impact statements either oral, written,
8video-taped, tape recorded or made by other electronic means
9shall not be considered public documents under provisions of
10the Freedom of Information Act.
11    (b-5) Other than as provided in subsection (c), the Board
12shall not release any material to the inmate, the inmate's
13attorney, any third party, or any other person that contains
14any information from the victim who has provided a victim
15impact statement to the Board, unless provided with a waiver
16from the victim. The Board shall not release the names or
17addresses of any person on its victim registry to any other
18person except the victim, a law enforcement agency, or other
19victim notification system. Victim impact statements received
20by the Board shall be confidential and privileged.
21    (c) The inmate or his or her attorney shall be informed of
22the existence of a victim impact statement and its contents
23under provisions of Board rules. This shall not be construed to
24permit disclosure to an inmate of any information which might



HB3584 Engrossed- 36 -LRB101 08458 SLF 53534 b

1result in the risk of threats or physical harm to a victim or
2complaining witness.
3    (d) The inmate shall be given the opportunity to answer a
4victim impact statement, either orally or in writing.
5    (e) All written victim impact statements shall be part of
6the applicant's, releasee's, or parolee's parole file.
7(Source: P.A. 97-299, eff. 8-11-11; 98-558, eff. 1-1-14.)