Illinois General Assembly - Full Text of HB4692
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Full Text of HB4692  95th General Assembly



State of Illinois
2007 and 2008


Introduced , by Rep. Daniel V. Beiser


725 ILCS 120/4.5
730 ILCS 105/25   from Ch. 38, par. 1675

    Amends the Rights of Crime Victims and Witnesses Act and the Open Parole Hearings Act. Provide that the victim of a crime committed by a person in custody of the Department of Corrections who has applied for parole shall receive written notice of the prisoner's parole hearing by certified mail.

LRB095 18422 RLC 44508 b






HB4692 LRB095 18422 RLC 44508 b

1     AN ACT concerning criminal law.
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 Act is
5 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 enforcement,
9 prosecutors, judges and corrections will provide information,
10 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 the
13 status of the investigation, except where the State's Attorney
14 determines that disclosure of such information would
15 unreasonably interfere with the investigation, until such time
16 as the alleged assailant is apprehended or the investigation is
17 closed.
18     (b) The office of the State's Attorney:
19         (1) shall provide notice of the filing of information,
20     the return of an indictment by which a prosecution for any
21     violent crime is commenced, or the filing of a petition to
22     adjudicate a minor as a delinquent for a violent crime;
23         (2) shall provide notice of the date, time, and place



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1     of trial;
2         (3) or victim advocate personnel shall provide
3     information of social services and financial assistance
4     available for victims of crime, including information of
5     how to apply for these services and assistance;
6         (4) shall assist in having any stolen or other personal
7     property held by law enforcement authorities for
8     evidentiary or other purposes returned as expeditiously as
9     possible, pursuant to the procedures set out in Section
10     115-9 of the Code of Criminal Procedure of 1963;
11         (5) or victim advocate personnel shall provide
12     appropriate employer intercession services to ensure that
13     employers of victims will cooperate with the criminal
14     justice system in order to minimize an employee's loss of
15     pay and other benefits resulting from court appearances;
16         (6) shall provide information whenever possible, of a
17     secure waiting area during court proceedings that does not
18     require victims to be in close proximity to defendant or
19     juveniles accused of a violent crime, and their families
20     and friends;
21         (7) shall provide notice to the crime victim of the
22     right to have a translator present at all court
23     proceedings;
24         (8) in the case of the death of a person, which death
25     occurred in the same transaction or occurrence in which
26     acts occurred for which a defendant is charged with an



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1     offense, shall notify the spouse, parent, child or sibling
2     of the decedent of the date of the trial of the person or
3     persons allegedly responsible for the death;
4         (9) shall inform the victim of the right to have
5     present at all court proceedings, subject to the rules of
6     evidence, an advocate or other support person of the
7     victim's choice, and the right to retain an attorney, at
8     the victim's own expense, who, upon written notice filed
9     with the clerk of the court and State's Attorney, is to
10     receive copies of all notices, motions and court orders
11     filed thereafter in the case, in the same manner as if the
12     victim were a named party in the case; and
13         (10) at the sentencing hearing shall make a good faith
14     attempt to explain the minimum amount of time during which
15     the defendant may actually be physically imprisoned. The
16     Office of the State's Attorney shall further notify the
17     crime victim of the right to request from the Prisoner
18     Review Board information concerning the release of the
19     defendant under subparagraph (d)(1) of this Section; and
20         (11) shall request restitution at sentencing and shall
21     consider restitution in any plea negotiation, as provided
22     by law.
23     (c) At the written request of the crime victim, the office
24 of the State's Attorney shall:
25         (1) provide notice a reasonable time in advance of the
26     following court proceedings: preliminary hearing, any



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1     hearing the effect of which may be the release of defendant
2     from custody, or to alter the conditions of bond and the
3     sentencing hearing. The crime victim shall also be notified
4     of the cancellation of the court proceeding in sufficient
5     time, wherever possible, to prevent an unnecessary
6     appearance in court;
7         (2) provide notice within a reasonable time after
8     receipt of notice from the custodian, of the release of the
9     defendant on bail or personal recognizance or the release
10     from detention of a minor who has been detained for a
11     violent crime;
12         (3) explain in nontechnical language the details of any
13     plea or verdict of a defendant, or any adjudication of a
14     juvenile as a delinquent for a violent crime;
15         (4) where practical, consult with the crime victim
16     before the Office of the State's Attorney makes an offer of
17     a plea bargain to the defendant or enters into negotiations
18     with the defendant concerning a possible plea agreement,
19     and shall consider the written victim impact statement, if
20     prepared prior to entering into a plea agreement;
21         (5) provide notice of the ultimate disposition of the
22     cases arising from an indictment or an information, or a
23     petition to have a juvenile adjudicated as a delinquent for
24     a violent crime;
25         (6) provide notice of any appeal taken by the defendant
26     and information on how to contact the appropriate agency



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



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1 shall notify the person once of the times and dates of release
2 of a prisoner sentenced to periodic imprisonment. Notification
3 shall be based on the most recent information as to victim's or
4 other concerned citizen's residence or other location
5 available to the notifying authority. For purposes of this
6 paragraph (1) of subsection (d), "concerned citizen" includes
7 relatives of the victim, friends of the victim, witnesses to
8 the 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, the
13     victim may request to be notified by the releasing
14     authority of the defendant's discharge from State custody.
15         (3) In the event of an escape from State custody, the
16     Department of Corrections or the Department of Juvenile
17     Justice immediately shall notify the Prisoner Review Board
18     of the escape and the Prisoner Review Board shall notify
19     the victim. The notification shall be based upon the most
20     recent information as to the victim's residence or other
21     location available to the Board. When no such information
22     is available, the Board shall make all reasonable efforts
23     to obtain the information and make the notification. When
24     the escapee is apprehended, the Department of Corrections
25     or the Department of Juvenile Justice immediately shall
26     notify the Prisoner Review Board and the Board shall notify



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1     the victim.
2         (4) The victim of the crime for which the prisoner has
3     been sentenced shall receive reasonable written notice, by
4     certified mail, not less than 15 days prior to the parole
5     hearing and may submit, in writing, on film, videotape or
6     other electronic means or in the form of a recording or in
7     person at the parole hearing or if a victim of a violent
8     crime, by calling the toll-free number established in
9     subsection (f) of this Section, information for
10     consideration by the Prisoner Review Board. The victim
11     shall be notified within 7 days after the prisoner has been
12     granted parole and shall be informed of the right to
13     inspect the registry of parole decisions, established
14     under subsection (g) of Section 3-3-5 of the Unified Code
15     of Corrections. The provisions of this paragraph (4) are
16     subject to the Open Parole Hearings Act.
17         (5) If a statement is presented under Section 6, the
18     Prisoner Review Board shall inform the victim of any order
19     of discharge entered by the Board pursuant to Section 3-3-8
20     of the Unified Code of Corrections.
21         (6) At the written request of the victim of the crime
22     for which the prisoner was sentenced, the Prisoner Review
23     Board shall notify the victim of the death of the prisoner
24     if the prisoner died while on parole or mandatory
25     supervised release.
26         (7) When a defendant who has been committed to the



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1     Department of Corrections, the Department of Juvenile
2     Justice, or the Department of Human Services is released or
3     discharged and subsequently committed to the Department of
4     Human Services as a sexually violent person and the victim
5     had requested to be notified by the releasing authority of
6     the defendant's discharge from State custody, the
7     releasing authority shall provide to the Department of
8     Human Services such information that would allow the
9     Department of Human Services to contact the victim.
10     (e) The officials named in this Section may satisfy some or
11 all of their obligations to provide notices and other
12 information through participation in a statewide victim and
13 witness notification system established by the Attorney
14 General under Section 8.5 of this Act.
15     (f) To permit a victim of a violent crime to provide
16 information to the Prisoner Review Board for consideration by
17 the Board at a parole hearing of a person who committed the
18 crime against the victim in accordance with clause (d)(4) of
19 this Section or at a proceeding to determine the conditions of
20 mandatory supervised release of a person sentenced to a
21 determinate sentence or at a hearing on revocation of mandatory
22 supervised release of a person sentenced to a determinate
23 sentence, the Board shall establish a toll-free number that may
24 be accessed by the victim of a violent crime to present that
25 information to the Board.
26 (Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)



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1     Section 10. The Open Parole Hearings Act is amended by
2 changing Section 25 as follows:
3     (730 ILCS 105/25)  (from Ch. 38, par. 1675)
4     Sec. 25. Notification of future parole hearings.
5     (a) The Board shall notify the State's Attorney of the
6 committing county of the pending hearing and the victim by
7 certified mail of all forthcoming parole hearings at least 15
8 days in advance. Written notification shall contain:
9         (1) notification of the place of the hearing;
10         (2) the date and approximate time of the hearing;
11         (3) their right to enter a statement, to appear in
12     person, and to submit other information by video tape, tape
13     recording, or other electronic means in the form and manner
14     described by the Board or if a victim of a violent crime as
15     defined in subsection (c) of Section 3 of the Rights of
16     Crime Victims and Witnesses Act, by calling the toll-free
17     number established in subsection (f) of that Section.
18     Notification to the victims shall be at the last known
19 address of the victim. It shall be the responsibility of the
20 victim to notify the board of any changes in address and name.
21     (b) However, at any time the victim may request by a
22 written certified statement that the Prisoner Review Board stop
23 sending notice under this Section.
24     (c) (Blank).



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1     (d) No later than 7 days after a parole hearing the Board
2 shall send notice of its decision to the State's Attorney and
3 victim. If parole is denied, the Board shall within a
4 reasonable period of time notify the victim of the month and
5 year of the next scheduled hearing.
6 (Source: P.A. 93-235, eff. 7-22-03.)