HB1928 EngrossedLRB097 09096 RLC 49231 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 Open Parole Hearings Act is amended by
5changing Sections 5 and 35 as follows:
 
6    (730 ILCS 105/5)  (from Ch. 38, par. 1655)
7    Sec. 5. Definitions. As used in this Act:
8    (a) "Applicant" means an inmate who is being considered for
9parole by the Prisoner Review Board.
10    (b) "Board" means the Prisoner Review Board as established
11in Section 3-3-1 of the Unified Code of Corrections.
12    (c) "Parolee" means a person subject to parole revocation
13proceedings.
14    (d) "Parole hearing" means the formal hearing and
15determination of an inmate being considered for release from
16incarceration on community supervision.
17    (e) "Parole or mandatory supervised release revocation
18hearing" means the formal hearing and determination of
19allegations that a parolee or mandatory supervised releasee has
20violated the conditions of his or her release agreement.
21    (f) "Victim" means a victim or witness of a violent crime
22as defined in subsection (a) of Section 3 of the Bill of Rights
23for Victims and Witnesses of Violent Crime Act, or any person

 

 

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1legally related to the victim by blood, marriage, adoption, or
2guardianship, or any friend of the victim, or any concerned
3citizen.
4    (g) "Violent crime" means a crime defined in subsection (c)
5of Section 3 of the Bill of Rights for Victims and Witnesses of
6Violent Crime Act.
7(Source: P.A. 87-224.)
 
8    (730 ILCS 105/35)  (from Ch. 38, par. 1685)
9    Sec. 35. Victim impact statements.
10    (a) The Board shall receive and consider victim impact
11statements.
12    (b) Victim Written victim impact statements either oral,
13written, video-taped, tape recorded or made by other electronic
14means shall not be considered public documents under provisions
15of the Freedom of Information Act.
16    (c) The inmate or his attorney shall be informed of the
17existence of a victim impact statement and its contents under
18provisions of Board rules. This shall not be construed to
19permit disclosure to an inmate of any information which might
20result in the risk of threats or physical harm to a victim or
21complaining witness.
22    (d) The inmate shall be given the opportunity to answer a
23victim impact statement, either orally or in writing.
24    (e) All written victim impact statements shall be part of
25the applicant's or parolee's parole file.

 

 

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1(Source: P.A. 87-224.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.