093_HB0191eng

 
HB0191 Engrossed                     LRB093 04434 RLC 04524 b

 1        AN ACT concerning corrections.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Rights of Crime Victims and Witnesses
 5    Act is 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
 8    victims.    To   afford   crime  victims  their  rights,  law
 9    enforcement, prosecutors, judges and corrections will provide
10    information, as appropriate of the following procedures:
11        (a)  At the request of the crime victim, law  enforcement
12    authorities  investigating  the  case shall provide notice of
13    the status of the investigation,  except  where  the  State's
14    Attorney determines that disclosure of such information would
15    unreasonably  interfere  with  the  investigation, until such
16    time  as  the  alleged  assailant  is  apprehended   or   the
17    investigation is closed.
18        (b)  The office of the State's Attorney:
19             (1)  shall   provide   notice   of   the  filing  of
20        information, the return  of  an  indictment  by  which  a
21        prosecution  for  any  violent crime is commenced, or the
22        filing  of  a  petition  to  adjudicate  a  minor  as   a
23        delinquent for a violent crime;
24             (2)  shall  provide  notice  of  the date, time, and
25        place of trial;
26             (3)  or  victim  advocate  personnel  shall  provide
27        information of social services and  financial  assistance
28        available  for victims of crime, including information of
29        how to apply for these services and assistance;
30             (4)  shall assist in  having  any  stolen  or  other
31        personal property held by law enforcement authorities for
 
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 1        evidentiary  or  other purposes returned as expeditiously
 2        as possible,  pursuant  to  the  procedures  set  out  in
 3        Section 115-9 of the Code of Criminal Procedure of 1963;
 4             (5)  or  victim  advocate  personnel  shall  provide
 5        appropriate employer intercession services to ensure that
 6        employers  of  victims  will  cooperate with the criminal
 7        justice system in order to minimize an employee's loss of
 8        pay and other benefits resulting from court appearances;
 9             (6)  shall provide information whenever possible, of
10        a secure waiting area during court proceedings that  does
11        not require victims to be in close proximity to defendant
12        or  juveniles  accused  of  a  violent  crime,  and their
13        families and friends;
14             (7)  shall provide notice to the crime victim of the
15        right  to  have  a  translator  present  at   all   court
16        proceedings;
17             (8)  in  the  case  of  the death of a person, which
18        death occurred in the same transaction or  occurrence  in
19        which acts occurred for which a defendant is charged with
20        an  offense,  shall  notify  the spouse, parent, child or
21        sibling of the decedent of the date of the trial  of  the
22        person or 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
27        the victim's own expense, who, upon written notice  filed
28        with  the  clerk of the court and State's Attorney, is to
29        receive copies of all notices, motions and  court  orders
30        filed  thereafter  in  the case, in the same manner as if
31        the victim were a named party in the case; and
32             (10)  at the sentencing hearing shall  make  a  good
33        faith  attempt  to  explain  the  minimum  amount of time
34        during which the defendant  may  actually  be  physically
 
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 1        imprisoned.   The  Office  of  the State's Attorney shall
 2        further notify the crime victim of the right  to  request
 3        from the Prisoner Review Board information concerning the
 4        release  of  the  defendant  under subparagraph (d)(1) of
 5        this Section; and
 6             (11)  shall request restitution  at  sentencing  and
 7        shall  consider  restitution  in any plea negotiation, as
 8        provided by law.
 9        (c)  At the written request  of  the  crime  victim,  the
10    office of the State's Attorney shall:
11             (1)  provide  notice a reasonable time in advance of
12        the following court proceedings: preliminary hearing, any
13        hearing the  effect  of  which  may  be  the  release  of
14        defendant  from  custody,  or  to alter the conditions of
15        bond and the sentencing hearing.  The crime victim  shall
16        also  be  notified  of  the  cancellation  of  the  court
17        proceeding  in  sufficient  time,  wherever  possible, to
18        prevent an unnecessary appearance in court;
19             (2)  provide notice within a reasonable  time  after
20        receipt  of  notice from the custodian, of the release of
21        the defendant on bail or  personal  recognizance  or  the
22        release  from  detention of a minor who has been detained
23        for a violent crime;
24             (3)  explain in nontechnical language the details of
25        any plea or verdict of a defendant, or  any  adjudication
26        of a juvenile as a delinquent for a violent crime;
27             (4)  where  practical, consult with the crime victim
28        before the Office of the State's Attorney makes an  offer
29        of  a  plea  bargain  to  the  defendant  or  enters into
30        negotiations with the  defendant  concerning  a  possible
31        plea  agreement,  and  shall  consider the written victim
32        impact statement, if prepared prior to  entering  into  a
33        plea agreement;
34             (5)  provide  notice  of the ultimate disposition of
 
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 1        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             (6)  provide notice  of  any  appeal  taken  by  the
 5        defendant   and   information   on  how  to  contact  the
 6        appropriate agency handling the appeal;
 7             (7)  provide   notice    of    any    request    for
 8        post-conviction  review  filed  by  the  defendant  under
 9        Article  122  of  the Code of Criminal Procedure of 1963,
10        and of the date, time and place of any hearing concerning
11        the petition.  Whenever possible, notice of  the  hearing
12        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
15        by the Board in making its determination under subsection
16        (b) of Section 3-3-8 of the Unified Code of Corrections.
17        (d) (1)  The Prisoner Review Board shall inform a  victim
18        or  any other concerned citizen, upon written request, of
19        the prisoner's release on  parole,  mandatory  supervised
20        release,  electronic  detention,  work  release or by the
21        custodian of the discharge  of  any  individual  who  was
22        adjudicated  a  delinquent for a violent crime from State
23        custody and by the sheriff of the appropriate  county  of
24        any  such  person's  final discharge from county custody.
25        The Prisoner Review Board, upon  written  request,  shall
26        provide  to  a  victim  or  any other concerned citizen a
27        recent photograph of any person convicted  of  a  felony,
28        upon his or her release from custody. The Prisoner Review
29        Board, upon written request, shall inform a victim or any
30        other  concerned  citizen  when  feasible at least 7 days
31        prior to the prisoner's release on furlough of the  times
32        and  dates of such furlough.  Upon written request by the
33        victim  or  any  other  concerned  citizen,  the  State's
34        Attorney shall notify the person once of  the  times  and
 
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 1        dates  of  release  of  a  prisoner sentenced to periodic
 2        imprisonment.  Notification shall be based  on  the  most
 3        recent  information  as  to  victim's  or other concerned
 4        citizen's residence or other location  available  to  the
 5        notifying  authority.  For purposes of this paragraph (1)
 6        of subsection (d), "concerned citizen" includes relatives
 7        of the victim, friends of the victim,  witnesses  to  the
 8        crime,  or any other person associated with the victim or
 9        prisoner.
10             (2)  When the defendant has been  committed  to  the
11        Department of Human Services pursuant to Section 5-2-4 or
12        any  other  provision of the Unified Code of Corrections,
13        the victim may request to be notified  by  the  releasing
14        authority   of   the  defendant's  discharge  from  State
15        custody.
16             (3)  In the event of an escape from  State  custody,
17        the  Department  of  Corrections immediately shall notify
18        the Prisoner Review Board of the escape and the  Prisoner
19        Review  Board  shall notify the victim.  The notification
20        shall be based upon the most recent information as to the
21        victim's residence or other  location  available  to  the
22        Board.   When no such information is available, the Board
23        shall  make  all  reasonable  efforts   to   obtain   the
24        information  and make the notification.  When the escapee
25        is apprehended, the Department of Corrections immediately
26        shall notify the Prisoner  Review  Board  and  the  Board
27        shall notify the victim.
28             (4)  The  victim of the crime for which the prisoner
29        has  been  sentenced  shall  receive  reasonable  written
30        notice not less than 15 days prior to the parole  hearing
31        and  may  submit, in writing, on film, videotape or other
32        electronic means or in the form  of  a  recording  or  in
33        person   at   the   parole   hearing,   information   for
34        consideration  by  the Prisoner Review Board.  The victim
 
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 1        shall be notified within 7 days after  the  prisoner  has
 2        been granted parole and shall be informed of the right to
 3        inspect  the  registry  of  parole decisions, established
 4        under subsection (g) of Section 3-3-5 of the Unified Code
 5        of Corrections.  The provisions of this paragraph (4) are
 6        subject to the Open Parole Hearings Act.
 7             (5)  If a statement is presented  under  Section  6,
 8        the  Prisoner Review Board shall inform the victim of any
 9        order of discharge  entered  by  the  Board  pursuant  to
10        Section 3-3-8 of the Unified Code of Corrections.
11             (6)  At  the  written  request  of the victim of the
12        crime for which the prisoner was sentenced, the  Prisoner
13        Review  Board shall notify the victim of the death of the
14        prisoner  if  the  prisoner  died  while  on  parole   or
15        mandatory supervised release.
16             (7)  When  a defendant who has been committed to the
17        Department of Corrections  or  the  Department  of  Human
18        Services  is  released  or  discharged  and  subsequently
19        committed  to  the  Department  of  Human  Services  as a
20        sexually violent person and the victim had  requested  to
21        be notified by the releasing authority of the defendant's
22        discharge  from  State  custody,  the releasing authority
23        shall provide to the Department of  Human  Services  such
24        information  that  would  allow  the  Department of Human
25        Services to contact the victim.
26        (d-5)  If the prisoner has filed a petition for executive
27    clemency  under  Section  3-3-13  of  the  Unified  Code   of
28    Corrections,  the  Prisoner  Review  Board shall give written
29    notice and forward a copy of the petition to  the  victim  of
30    the  crime for which the prisoner has been sentenced and upon
31    written request notify any other concerned citizen as defined
32    in paragraph (1) of this Section at least 15 days before  the
33    executive  clemency  hearing of the date of the hearing.  The
34    victim  and  any  other  concerned  citizen  may  submit,  in
 
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 1    writing, on film, videotape, or other electronic means or  in
 2    the  form  of  a recording or in person at the parole hearing
 3    relevant information for consideration by the Prisoner Review
 4    Board.
 5        The  victim  may  waive   the   15-day   written   notice
 6    requirement.   In  the  case  of  an  emergency where 15 days
 7    written notice is not practicable, the 15-day written  notice
 8    requirement may be waived by the Board or the Governor.
 9        If the Board or Governor waives the 15-day written notice
10    requirement,  the  reason  for  such  waiver  must be clearly
11    stated on the record at the hearing and must be  included  in
12    the  Board's  Report  to  the  Governor.   The  fact that the
13    Governor's term in office or the term of any  member  of  the
14    Board  is  expiring  shall not be, in and of itself, cause to
15    waive the 15-day written notice requirement.
16        (e)  The officials named in this Section may satisfy some
17    or all of their obligations  to  provide  notices  and  other
18    information  through  participation in a statewide victim and
19    witness  notification  system  established  by  the  Attorney
20    General under Section 8.5 of this Act.
21    (Source: P.A.  90-14,  eff.  7-1-97;  90-793,  eff.  8-14-98;
22    91-237, eff. 1-1-00; 91-693, eff. 4-13-00.)

23        Section  10.   The Unified Code of Corrections is amended
24    by changing Section 3-3-13 as follows:

25        (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
26        Sec. 3-3-13.  Procedure for Executive Clemency.
27        (a)  Petitions seeking pardon, commutation,  or  reprieve
28    shall  be  addressed  to  the  Governor  and  filed  with the
29    Prisoner Review Board.  The petition shall be in writing  and
30    signed  by  the person under conviction or by a person on his
31    behalf. It shall contain a brief history  of  the  case,  the
32    reasons  for  seeking  executive clemency, and other relevant
 
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 1    information the Board may require.
 2        (a-5)  After a petition has been denied by the  Governor,
 3    the  Board  may  not  accept  a repeat petition for executive
 4    clemency for the same person until one full year has  elapsed
 5    from  the  date of the denial.  The Chairman of the Board may
 6    waive the one-year requirement if the  petitioner  offers  in
 7    writing   new   information   that  was  unavailable  to  the
 8    petitioner at the time of the filing of  the  prior  petition
 9    and  which  the  Chairman  determines to be significant.  The
10    Chairman also may waive the one-year waiting  period  if  the
11    petitioner  can  show  that  a  change  in circumstances of a
12    compelling humanitarian nature has arisen since the denial of
13    the prior petition.
14        (b)  Notice of the proposed application shall be given by
15    the Board to the committing court and the state's attorney of
16    the county where the conviction was had.
17        (c)  The Board shall, if requested and upon  due  notice,
18    give  a  hearing to each application, allowing representation
19    by counsel, if desired, after which it  shall  confidentially
20    advise   the   Governor   by   a   written   report   of  its
21    recommendations which shall be determined by  majority  vote.
22    The  Board shall also advise the Governor by a written report
23    of its recommendations determined by  majority  vote  in  any
24    case in which no hearing is requested.  The written report of
25    the  Board  shall  contain a statement outlining the sentence
26    that would be in effect if a commutation  is  granted  for  a
27    person  sentenced  to death. The Board shall meet to consider
28    such petitions no less than 4 times each year.   The  hearing
29    shall  be  sufficiently  comprehensive  to  ensure  that  the
30    interests of the victim, the defendant, and the People of the
31    State  of  Illinois  are  protected.  Regardless of whether a
32    hearing is requested, the Board must issue its written report
33    advising the Governor of its recommendations  no  later  than
34    120  days  after  the  filing of a petition seeking a pardon,
 
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 1    commutation, or reprieve.
 2        (c-5)  In  making  its  recommendations  on  a   petition
 3    seeking  a  pardon, commutation, or reprieve, the Board shall
 4    consider, but not be limited to:
 5             (1)  any material transmitted to the  Department  by
 6        the  clerk of the committing court under Section 5-4-1 or
 7        Section 5-10 of the Juvenile Court Act or  Section  5-750
 8        of the Juvenile Court Act of 1987;
 9             (2)  a  report, if submitted, under Section 3-8-2 or
10        3-10-2;
11             (3)  any report by the Department and any report  by
12        the  chief  administrative  officer of the institution or
13        facility;
14             (4)  any parole progress report;
15             (5)  any  medical  and  psychological   report,   if
16        requested by the Board;
17             (6)  in  addition  to  any live testimony submitted,
18        any material in writing or on film, video tape, or  other
19        electronic  means in the form of a recording submitted by
20        the person whose petition for executive clemency is being
21        considered; and
22             (7)  in addition to any  live  testimony  submitted,
23        any  material in writing or on film, video tape, or other
24        electronic means in the form of a recording or  testimony
25        submitted  by  the  State's  Attorney,  the  victim, or a
26        concerned citizen pursuant to the Rights of Crime Victims
27        and Witnesses Act.
28        (c-6)  The prosecuting State's  Attorney's  office  shall
29    receive reasonable written notice not less than 15 days prior
30    to  the  executive  clemency  hearing and may submit relevant
31    information in writing, or on  film,  video  tape,  or  other
32    electronic  means  or in the form of a recording to the Board
33    for its consideration.  The State's Attorney  may  waive  the
34    15-day  written  notice  requirement.   In  the  case  of  an
 
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 1    emergency  where  15 days' written notice is not practicable,
 2    the 15-day written notice requirement may also be  waived  by
 3    either the Board or the Governor.
 4        (c-7)  The victim of the crime for which the prisoner has
 5    been  sentenced shall receive notice of an executive clemency
 6    hearing as provided in subsection (d-5) of Section 4.5 of the
 7    Rights of Crime Victims and Witnesses Act.
 8        Any recording considered under the provisions  of  clause
 9    (c-5)(6),  (c-5)(7), or (c-6) of this Section shall be in the
10    form designated by the Board. The recording shall  be  either
11    visual  or  aural.   Every  voice on the recording and person
12    present shall be identified and the recording  shall  contain
13    either  a  visual or aural statement of the person submitting
14    the recording, the date of the recording and the name of  the
15    person   whose  petition  for  executive  clemency  is  being
16    considered.  The recordings, if retained by the  Board  shall
17    be  deemed  to  be  submitted  at  any  subsequent hearing on
18    executive clemency or if  the  State's  Attorney  submits  in
19    writing  a  declaration  clearly identifying the recording as
20    representing the present position of the  victim  or  State's
21    Attorney  regarding  the  issues  to  be  considered  at  the
22    executive clemency hearing.
23        Application for executive clemency under this Section may
24    not be commenced on behalf of a person who has been sentenced
25    to death without the written consent of the defendant, unless
26    the  defendant, because of a mental or physical condition, is
27    incapable of asserting his or her own claim.
28        (d)  The  Governor  shall  decide  each  application  and
29    communicate his decision to the Board which shall notify  the
30    petitioner.
31        In  the  event  a  petitioner who has been convicted of a
32    Class X felony is granted a release, after the  Governor  has
33    communicated such decision to the Board, the Board shall give
34    written  notice  to  the Sheriff of the county from which the
 
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 1    offender was sentenced if such  sheriff  has  requested  that
 2    such  notice  be  given on a continuing basis. In cases where
 3    arrest of the offender or the commission of the offense  took
 4    place  in  any  municipality  with  a population of more than
 5    10,000 persons, the Board shall also give written  notice  to
 6    the proper law enforcement agency for said municipality which
 7    has requested notice on a continuing basis.
 8        (e)  No  action  may  be  taken  by  the  Governor in the
 9    absence of a report by the Board,  unless  (1)  the  Governor
10    finds  that action is required in the absence of a report due
11    to the existence of exigent circumstances, or (2)  the  Board
12    has failed to issue a report within 120 days of the filing of
13    the  petition, as required by subsection (c) of this Section.
14    Any exigent circumstances relied upon by the  Governor  shall
15    be identified in the Governor's order granting clemency.  The
16    fact  that the Governor's term in office is ending shall not,
17    in and of itself, qualify  as  an  exigent  circumstance  for
18    purposes  of  this Section.  Nothing in this Section shall be
19    construed to limit  the  power  of  the  Governor  under  the
20    constitution to grant a reprieve, commutation of sentence, or
21    pardon.
22    (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)

23        Section  99.   Effective date. This Act takes effect upon
24    becoming law.