Full Text of HB1237 97th General Assembly
HB1237 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1237 Introduced 02/08/11, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
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Amends the State Finance Act. Creates the Crime Victims' Rights Compliance Officer Fund as a special fund in the State treasury. Amends the Illinois Police Training Act. Provides that the curriculum established by the Illinois Law Enforcement Training Standards Board shall include training in techniques designed to promote effective communication with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Violent Crime Victim's Assistance Act. Amends the Rights of Crime Victims and Witnesses Act. Creates the Office of the Crime Victims' Rights Compliance Officer. Provides that the Crime Victims' Rights Compliance Officer shall be appointed by the Governor from a list of at least 3 persons, prepared and submitted by the Violent Crimes Advisory Commission, to serve a 3-year term at the pleasure of the Governor. Establishes the duties of the Crime Victims' Rights Compliance Officer. Provides that any person who willfully or maliciously commits a violation of the Rights of Crime Victims and Witnesses Act is liable for a civil penalty not to exceed $1,000. Provides that such action may only be pursued by the Crime Victims' Rights Compliance Officer. Provides that if after the Crime Victims' Rights Compliance Officer receives and investigates a complaint of a violation of the Act and concludes that a willful and malicious violation has occurred, he or she shall generate a report detailing his or her findings of fact, conclusions as to the specific legal violations, and recommended sanctions. Establishes court procedures for pursuing the sanctions.
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| | A BILL FOR |
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| 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 State Finance Act is amended by adding | 5 | | Sections 5.786 and 6z-87 as follows: | 6 | | (30 ILCS 105/5.786 new) | 7 | | Sec. 5.786. The Crime Victims' Rights Compliance Officer | 8 | | Fund. | 9 | | (30 ILCS 105/6z-87 new) | 10 | | Sec. 6z-87. The Crime Victims' Rights Compliance Officer | 11 | | Fund. There is created in the State treasury a special fund to | 12 | | be known as the Crime Victims' Rights Compliance Officer Fund. | 13 | | Moneys deposited into the Fund may, subject to appropriation, | 14 | | be used by the Crime Victims' Rights Compliance Officer. The | 15 | | moneys in the Fund shall be disbursed to the Crime Victims' | 16 | | Rights Compliance Officer to accomplish the purposes set out in | 17 | | Section 11 of the Rights of Crime Victims and Witnesses Act. | 18 | | Such amounts shall be collected by the Clerk of the Circuit | 19 | | Court. Each such penalty collected under Section 11 of the | 20 | | Rights of Crime Victims and Witnesses Act shall be remitted by | 21 | | the Clerk of the Circuit Court within one month after receipt | 22 | | to the State Treasurer for deposit into the Crime Victims' |
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| 1 | | Rights Compliance Officer Fund. | 2 | | Section 10. The Illinois Police Training Act is amended by | 3 | | changing Section 7 as follows:
| 4 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
| 5 | | Sec. 7. Rules and standards for schools. The Board shall | 6 | | adopt rules and
minimum standards for such schools which shall | 7 | | include but not be limited to
the following:
| 8 | | a. The curriculum for probationary police officers which | 9 | | shall be
offered by all certified schools shall include but not | 10 | | be limited to
courses of arrest, search and seizure, civil | 11 | | rights, human relations,
cultural
diversity, including racial | 12 | | and ethnic sensitivity,
criminal law, law of criminal | 13 | | procedure, vehicle and traffic law including
uniform and | 14 | | non-discriminatory enforcement of the Illinois Vehicle Code,
| 15 | | traffic control and accident investigation, techniques of | 16 | | obtaining
physical evidence, court testimonies, statements, | 17 | | reports, firearms
training, first-aid (including | 18 | | cardiopulmonary resuscitation), handling of
juvenile | 19 | | offenders, recognition of
mental conditions which require | 20 | | immediate assistance and methods to
safeguard and provide | 21 | | assistance to a person in need of mental
treatment, law of | 22 | | evidence, the hazards of high-speed police vehicle
chases with | 23 | | an emphasis on alternatives to the high-speed chase, and
| 24 | | physical training. The curriculum shall include specific |
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| 1 | | training in
techniques for immediate response to and | 2 | | investigation of cases of domestic
violence and of sexual | 3 | | assault of adults and children. The curriculum shall include | 4 | | training in techniques designed to promote effective | 5 | | communication with crime victims and ways to comprehensively | 6 | | explain to victims and witnesses their rights under the Rights | 7 | | of Crime Victims and Witnesses Act and the Violent Crime | 8 | | Victim's Assistance Act. For the purposes of developing and | 9 | | maintaining a victim's rights curriculum, the Board shall be | 10 | | eligible to receive grants from the Violent Crime Victims | 11 | | Assistance Fund. The curriculum shall also include a block of | 12 | | instruction aimed at identifying and interacting with persons | 13 | | with autism and other developmental disabilities, reducing | 14 | | barriers to reporting crimes against persons with autism, and | 15 | | addressing the unique challenges presented by cases involving | 16 | | victims or witnesses with autism and other developmental | 17 | | disabilities. The curriculum for
permanent police officers | 18 | | shall include but not be limited to (1) refresher
and | 19 | | in-service training in any of the courses listed above in this
| 20 | | subparagraph, (2) advanced courses in any of the subjects | 21 | | listed above in
this subparagraph, (3) training for supervisory | 22 | | personnel, and (4)
specialized training in subjects and fields | 23 | | to be selected by the board.
| 24 | | b. Minimum courses of study, attendance requirements and | 25 | | equipment
requirements.
| 26 | | c. Minimum requirements for instructors.
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| 1 | | d. Minimum basic training requirements, which a | 2 | | probationary police
officer must satisfactorily complete | 3 | | before being eligible for permanent
employment as a local law | 4 | | enforcement officer for a participating local
governmental | 5 | | agency. Those requirements shall include training in first aid
| 6 | | (including cardiopulmonary resuscitation).
| 7 | | e. Minimum basic training requirements, which a | 8 | | probationary county
corrections officer must satisfactorily | 9 | | complete before being eligible for
permanent employment as a | 10 | | county corrections officer for a participating
local | 11 | | governmental agency.
| 12 | | f. Minimum basic training requirements which a | 13 | | probationary court
security officer must satisfactorily | 14 | | complete before being eligible for
permanent employment as a | 15 | | court security officer for a participating local
governmental | 16 | | agency. The Board shall
establish those training requirements | 17 | | which it considers appropriate for court
security officers and | 18 | | shall certify schools to conduct that training.
| 19 | | A person hired to serve as a court security officer must | 20 | | obtain from the
Board a certificate (i) attesting to his or her | 21 | | successful completion of the
training course; (ii) attesting to | 22 | | his or her satisfactory
completion of a training program of | 23 | | similar content and number of hours that
has been found | 24 | | acceptable by the Board under the provisions of this Act; or
| 25 | | (iii) attesting to the Board's determination that the training
| 26 | | course is unnecessary because of the person's extensive prior |
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| 1 | | law enforcement
experience.
| 2 | | Individuals who currently serve as court security officers | 3 | | shall be deemed
qualified to continue to serve in that capacity | 4 | | so long as they are certified
as provided by this Act within 24 | 5 | | months of the effective date of this
amendatory Act of 1996. | 6 | | Failure to be so certified, absent a waiver from the
Board, | 7 | | shall cause the officer to forfeit his or her position.
| 8 | | All individuals hired as court security officers on or | 9 | | after the effective
date of this amendatory Act of 1996 shall | 10 | | be certified within 12 months of the
date of their hire, unless | 11 | | a waiver has been obtained by the Board, or they
shall forfeit | 12 | | their positions.
| 13 | | The Sheriff's Merit Commission, if one exists, or the | 14 | | Sheriff's Office if
there is no Sheriff's Merit Commission, | 15 | | shall maintain a list of all
individuals who have filed | 16 | | applications to become court security officers and
who meet the | 17 | | eligibility requirements established under this Act. Either
| 18 | | the Sheriff's Merit Commission, or the Sheriff's Office if no | 19 | | Sheriff's Merit
Commission exists, shall establish a schedule | 20 | | of reasonable intervals for
verification of the applicants' | 21 | | qualifications under
this Act and as established by the Board.
| 22 | | (Source: P.A. 95-171, eff. 1-1-08.)
| 23 | | Section 15. The Rights of Crime Victims and Witnesses Act | 24 | | is amended by changing Sections 3, 4, 4.5, and 9 and by adding | 25 | | Sections 10 and 11 as follows:
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| 1 | | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| 2 | | Sec. 3. The terms used in this Act, unless the context | 3 | | clearly
requires otherwise, shall have the following meanings:
| 4 | | (a) "Crime victim" and "victim" mean (1) a person | 5 | | physically injured in this State as a
result of a violent crime | 6 | | perpetrated or attempted against that person or (2) a
person | 7 | | who suffers injury to or loss of property as a result of a | 8 | | violent crime
perpetrated or attempted against that person or | 9 | | (3) a single
representative who
may be the spouse, parent, | 10 | | child or sibling of a person killed as a result of a
violent | 11 | | crime perpetrated against the person killed or the spouse, | 12 | | parent,
child or sibling of any person granted rights under | 13 | | this Act who is physically
or mentally incapable of exercising | 14 | | such rights, except where the spouse,
parent, child or sibling | 15 | | is also the defendant or prisoner or (4) any person
against | 16 | | whom a violent crime has been committed or (5) any person
who | 17 | | has suffered personal injury as a result of a violation of | 18 | | Section 11-501
of the Illinois Vehicle Code, or of a similar | 19 | | provision of a local ordinance,
or of Section 9-3 of the | 20 | | Criminal Code of 1961, as amended or (6) in proceedings under | 21 | | the Juvenile Court Act of 1987, both parents, legal guardians, | 22 | | foster parents, or a single adult representative of a minor or | 23 | | disabled person who is a crime victim.
| 24 | | (b) "Witness" means any person who personally observed the | 25 | | commission of
a violent crime and who will testify on behalf of |
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| 1 | | the State of Illinois in
the criminal prosecution of the | 2 | | violent crime.
| 3 | | (c) "Violent Crime" means any felony in which force or | 4 | | threat of force was
used against the victim, or any offense | 5 | | involving sexual exploitation, sexual
conduct or sexual | 6 | | penetration, or a violation of Section 11-20.1 or 11-20.3 of | 7 | | the Criminal Code of 1961, domestic battery, violation of an | 8 | | order of
protection, stalking, or any misdemeanor which results | 9 | | in death or great bodily
harm to the victim or any violation of | 10 | | Section 9-3 of the Criminal Code of
1961, or Section 11-501 of | 11 | | the Illinois Vehicle
Code, or a similar provision of a local | 12 | | ordinance, if the violation resulted
in personal injury or | 13 | | death, and includes any action committed by a juvenile
that | 14 | | would be a violent crime if committed by an adult. For the | 15 | | purposes of
this paragraph, "personal injury" shall include any | 16 | | Type A injury as indicated
on the traffic accident report | 17 | | completed by a law enforcement officer that
requires immediate | 18 | | professional attention in either a doctor's office or
medical | 19 | | facility. A type A injury shall include severely bleeding | 20 | | wounds,
distorted extremities, and injuries that require the | 21 | | injured party to be
carried from the scene.
| 22 | | (d) "Sentencing Hearing" means any hearing where a sentence | 23 | | is imposed
by the court on a convicted defendant and includes | 24 | | hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | 25 | | and 5-7-7 of the Unified Code of
Corrections except those cases | 26 | | in which both parties have agreed to the
imposition of a |
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| 1 | | specific sentence.
| 2 | | (e) "Court proceedings" includes the preliminary hearing, | 3 | | any hearing the
effect of which may be the release of the | 4 | | defendant from custody or to alter
the conditions of bond, the | 5 | | trial, sentencing hearing, notice of appeal, any
modification | 6 | | of sentence, probation revocation hearings or parole hearings.
| 7 | | (f) "Concerned citizen"
includes relatives of the victim, | 8 | | friends of the victim, witnesses to the
crime, or any other | 9 | | person associated with the victim or prisoner. | 10 | | (g) "First responder" means any police officer of a local | 11 | | governmental agency who is primarily responsible for | 12 | | prevention or detection of crime and the enforcement of the | 13 | | criminal laws of this State. | 14 | | (Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08; | 15 | | 96-292, eff. 1-1-10; 96-875, eff. 1-22-10.)
| 16 | | (725 ILCS 120/4) (from Ch. 38, par. 1404)
| 17 | | Sec. 4. Rights of crime victims.
| 18 | | (a) Crime victims shall have the following rights:
| 19 | | (1) The right to be treated with fairness and respect | 20 | | for their dignity
and privacy throughout the criminal | 21 | | justice process.
| 22 | | (2) The right to notification of court proceedings.
| 23 | | (3) The right to communicate with the prosecution.
| 24 | | (4) The right to make a statement to the court at | 25 | | sentencing.
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| 1 | | (5) The right to information about the conviction, | 2 | | sentence, imprisonment
and release of the accused.
| 3 | | (6) The right to the timely disposition of the case | 4 | | following the arrest
of the accused.
| 5 | | (7) The right to be reasonably protected from the | 6 | | accused through the
criminal justice process.
| 7 | | (8) The right to be present at the trial and all other | 8 | | court proceedings
on the same basis as the accused, unless | 9 | | the victim is to testify and the court
determines that the | 10 | | victim's testimony would be materially affected if the
| 11 | | victim hears other testimony at the trial.
| 12 | | (9) the right to have present at all court proceedings, | 13 | | including proceedings under the Juvenile Court Act of 1987, | 14 | | subject to the admonition of the rules of confidentiality | 15 | | and subject to the
rules of evidence, a victim-witness | 16 | | specialist, an advocate or other support person of the | 17 | | victim's choice.
| 18 | | (10) The right to restitution.
| 19 | | (b) A statement and explanation of the rights of crime | 20 | | victims set forth in this Act
paragraph (a) of this Section | 21 | | shall be given to a crime victim at the initial
contact with | 22 | | the criminal justice system by a first responder the | 23 | | appropriate authorities and the rights set forth in subsection | 24 | | (a) of this Section
shall be conspicuously posted in all court | 25 | | facilities.
| 26 | | (Source: P.A. 95-591, eff. 6-1-08 .)
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| 1 | | (725 ILCS 120/4.5)
| 2 | | Sec. 4.5. Procedures to implement the rights of crime | 3 | | victims. To afford
crime victims their rights, law enforcement, | 4 | | prosecutors, judges and
corrections will provide information, | 5 | | as appropriate of the following
procedures:
| 6 | | (a) Law At the request of the crime victim, law enforcement | 7 | | authorities
investigating the case shall provide timely notice | 8 | | of the status of the investigation,
except where the State's | 9 | | Attorney determines that disclosure of such
information would | 10 | | unreasonably interfere with the investigation, until such
time | 11 | | as the alleged assailant is apprehended or the investigation is | 12 | | closed.
| 13 | | (b) The office of the State's Attorney:
| 14 | | (1) shall provide notice of the filing of information, | 15 | | the return of an
indictment by which a prosecution for any | 16 | | violent crime is commenced, or the
filing of a petition to | 17 | | adjudicate a minor as a delinquent for a violent
crime;
| 18 | | (2) shall provide notice of the date, time, and place | 19 | | of trial;
| 20 | | (3) or victim advocate personnel shall provide | 21 | | information of social
services and financial assistance | 22 | | available for victims of crime, including
information of | 23 | | how to apply for these services and assistance;
| 24 | | (4) shall assist in having any stolen or other personal | 25 | | property held by
law enforcement authorities for |
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| 1 | | evidentiary or other purposes returned as
expeditiously as | 2 | | possible, pursuant to the procedures set out in Section | 3 | | 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 a | 10 | | secure waiting
area during court proceedings that does not | 11 | | require victims to be in close
proximity to defendant or | 12 | | juveniles accused of a violent crime, and their
families | 13 | | and friends;
| 14 | | (7) shall provide notice to the crime victim of the | 15 | | right to have a
translator present at all court proceedings | 16 | | and, in compliance with the federal Americans
with | 17 | | Disabilities Act of 1990, the right to communications | 18 | | access through a
sign language interpreter or by other | 19 | | means;
| 20 | | (8) in the case of the death of a person, which death | 21 | | occurred in the same
transaction or occurrence in which | 22 | | acts occurred for which a defendant is
charged with an | 23 | | offense, shall notify the spouse, parent, child or sibling | 24 | | of
the decedent of the date of the trial of the person or | 25 | | persons allegedly
responsible for the death;
| 26 | | (9) shall inform the victim of the right to have |
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| 1 | | present at all court
proceedings, subject to the rules of | 2 | | evidence, an advocate or other support
person of the | 3 | | victim's choice, and the right to retain an attorney, at | 4 | | the
victim's own expense, who, upon written notice filed | 5 | | with the clerk of the
court and State's Attorney, is to | 6 | | receive copies of all notices, motions and
court orders | 7 | | filed thereafter in the case, in the same manner as if the | 8 | | victim
were a named party in the case;
| 9 | | (10) at the sentencing hearing shall make a good faith | 10 | | attempt to explain
the minimum amount of time during which | 11 | | the defendant may actually be
physically imprisoned. The | 12 | | Office of the State's Attorney shall further notify
the | 13 | | crime victim of the right to request from the Prisoner | 14 | | Review Board
information concerning the release of the | 15 | | defendant under subparagraph (d)(1)
of this Section;
| 16 | | (11) shall request restitution at sentencing and shall | 17 | | consider
restitution in any plea negotiation, as provided | 18 | | by law; and
| 19 | | (12) shall, upon the court entering a verdict of not | 20 | | guilty by reason of insanity, inform the victim of the | 21 | | notification services available from the Department of | 22 | | Human Services, including the statewide telephone number, | 23 | | under subparagraph (d)(2) of this Section. | 24 | | (c) At the written request of the crime victim, the office | 25 | | of the State's
Attorney shall:
| 26 | | (1) provide notice a reasonable time in advance of the |
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| 1 | | following court
proceedings: preliminary hearing, any | 2 | | hearing the effect of which may be the
release of defendant | 3 | | from custody, or to alter the conditions of bond and the
| 4 | | sentencing hearing. The crime victim shall also be notified | 5 | | of the
cancellation of the court proceeding in sufficient | 6 | | time, wherever possible, to
prevent an unnecessary | 7 | | appearance in court;
| 8 | | (2) provide notice within a reasonable time after | 9 | | receipt of notice from
the custodian, of the release of the | 10 | | defendant on bail or personal recognizance
or the release | 11 | | from detention of a minor who has been detained for a | 12 | | violent
crime;
| 13 | | (3) explain in nontechnical language the details of any | 14 | | plea or verdict of
a defendant, or any adjudication of a | 15 | | juvenile as a delinquent for a violent
crime;
| 16 | | (4) where practical, consult with the crime victim | 17 | | before the Office of
the State's Attorney makes an offer of | 18 | | a plea bargain to the defendant or
enters into negotiations | 19 | | with the defendant concerning a possible plea
agreement, | 20 | | and shall consider the written victim impact statement, if | 21 | | prepared
prior to entering into a plea agreement;
| 22 | | (5) provide notice of the ultimate disposition of the | 23 | | cases arising from
an indictment or an information, or a | 24 | | petition to have a juvenile adjudicated
as a delinquent for | 25 | | a violent crime;
| 26 | | (6) provide notice of any appeal taken by the defendant |
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| 1 | | and information
on how to contact the appropriate agency | 2 | | handling the appeal;
| 3 | | (7) provide notice of any request for post-conviction | 4 | | review filed by the
defendant under Article 122 of the Code | 5 | | of Criminal Procedure of 1963, and of
the date, time and | 6 | | place of any hearing concerning the petition. Whenever
| 7 | | possible, notice of the hearing shall be given in advance;
| 8 | | (8) forward a copy of any statement presented under | 9 | | Section 6 to the
Prisoner Review Board to be considered by | 10 | | the Board in making its determination
under subsection (b) | 11 | | of Section 3-3-8 of the Unified Code of Corrections.
| 12 | | (d) (1) The Prisoner Review Board shall inform a victim or | 13 | | any other
concerned citizen, upon written request, of the | 14 | | prisoner's release on parole,
mandatory supervised release, | 15 | | electronic detention, work release, international transfer or | 16 | | exchange, or by the
custodian of the discharge of any | 17 | | individual who was adjudicated a delinquent
for a violent crime | 18 | | from State custody and by the sheriff of the appropriate
county | 19 | | of any such person's final discharge from county custody.
The | 20 | | Prisoner Review Board, upon written request, shall provide to a | 21 | | victim or
any other concerned citizen a recent photograph of | 22 | | any person convicted of a
felony, upon his or her release from | 23 | | custody.
The Prisoner
Review Board, upon written request, shall | 24 | | inform a victim or any other
concerned citizen when feasible at | 25 | | least 7 days prior to the prisoner's release
on furlough of the | 26 | | times and dates of such furlough. Upon written request by
the |
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| 1 | | victim or any other concerned citizen, the State's Attorney | 2 | | shall notify
the person once of the times and dates of release | 3 | | of a prisoner sentenced to
periodic imprisonment. Notification | 4 | | shall be based on the most recent
information as to victim's or | 5 | | other concerned citizen's residence or other
location | 6 | | available to the notifying authority.
| 7 | | (2) When the defendant has been committed to the Department | 8 | | of
Human Services pursuant to Section 5-2-4 or any other
| 9 | | provision of the Unified Code of Corrections, the victim may | 10 | | request to be
notified by the releasing authority of the | 11 | | defendant's furloughs, temporary release, or final discharge | 12 | | from State
custody. The Department of Human Services shall | 13 | | establish and maintain a statewide telephone number to be used | 14 | | by victims to make notification requests under these provisions | 15 | | and shall publicize this telephone number on its website and to | 16 | | the State's Attorney of each county.
| 17 | | (3) In the event of an escape from State custody, the | 18 | | Department of
Corrections or the Department of Juvenile Justice | 19 | | immediately shall notify the Prisoner Review Board of the | 20 | | escape
and the Prisoner Review Board shall notify the victim. | 21 | | The notification shall
be based upon the most recent | 22 | | information as to the victim's residence or other
location | 23 | | available to the Board. When no such information is available, | 24 | | the
Board shall make all reasonable efforts to obtain the | 25 | | information and make
the notification. When the escapee is | 26 | | apprehended, the Department of
Corrections or the Department of |
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| 1 | | Juvenile Justice immediately shall notify the Prisoner Review | 2 | | Board and the Board
shall notify the victim.
| 3 | | (4) The victim of the crime for which the prisoner has been | 4 | | sentenced
shall receive reasonable written notice not less than | 5 | | 30 days prior to the
parole interview and may submit, in | 6 | | writing, on film, videotape or other
electronic means or in the | 7 | | form of a recording or in person at the parole
interview
or if | 8 | | a victim of a violent crime, by calling the
toll-free number | 9 | | established in subsection (f) of this Section, information
for
| 10 | | consideration by the Prisoner Review Board. The
victim shall be | 11 | | notified within 7 days after the prisoner has been granted
| 12 | | parole and shall be informed of the right to inspect the | 13 | | registry of parole
decisions, established under subsection (g) | 14 | | of Section 3-3-5 of the Unified
Code of Corrections. The | 15 | | provisions of this paragraph (4) are subject to the
Open Parole | 16 | | Hearings Act.
| 17 | | (5) If a statement is presented under Section 6, the | 18 | | Prisoner Review Board
shall inform the victim of any order of | 19 | | discharge entered by the Board pursuant
to Section 3-3-8 of the | 20 | | Unified Code of Corrections.
| 21 | | (6) At the written request of the victim of the crime for | 22 | | which the
prisoner was sentenced or the State's Attorney of the | 23 | | county where the person seeking parole was prosecuted, the | 24 | | Prisoner Review Board shall notify the victim and the State's | 25 | | Attorney of the county where the person seeking parole was | 26 | | prosecuted of
the death of the prisoner if the prisoner died |
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| 1 | | while on parole or mandatory
supervised release.
| 2 | | (7) When a defendant who has been committed to the | 3 | | Department of
Corrections, the Department of Juvenile Justice, | 4 | | or the Department of Human Services is released or discharged | 5 | | and
subsequently committed to the Department of Human Services | 6 | | as a sexually
violent person and the victim had requested to be | 7 | | notified by the releasing
authority of the defendant's | 8 | | discharge from State custody, the releasing
authority shall | 9 | | provide to the Department of Human Services such information
| 10 | | that would allow the Department of Human Services to contact | 11 | | the victim.
| 12 | | (8) When a defendant has been convicted of a sex offense as | 13 | | defined in Section 2 of the Sex Offender Registration Act and | 14 | | has been sentenced to the Department of Corrections or the | 15 | | Department of Juvenile Justice, the Prisoner Review Board shall | 16 | | notify the victim of the sex offense of the prisoner's | 17 | | eligibility for release on parole,
mandatory supervised | 18 | | release, electronic detention, work release, international | 19 | | transfer or exchange, or by the
custodian of the discharge of | 20 | | any individual who was adjudicated a delinquent
for a sex | 21 | | offense from State custody and by the sheriff of the | 22 | | appropriate
county of any such person's final discharge from | 23 | | county custody. The notification shall be made to the victim at | 24 | | least 30 days, whenever possible, before release of the sex | 25 | | offender. | 26 | | (e) The officials named in this Section may satisfy some or |
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| 1 | | all of their
obligations to provide notices and other | 2 | | information through participation in a
statewide victim and | 3 | | witness notification system established by the Attorney
| 4 | | General under Section 8.5 of this Act.
| 5 | | (f) To permit a victim of a violent crime to provide | 6 | | information to the
Prisoner Review Board for consideration by | 7 | | the
Board at a parole hearing of a person who committed the | 8 | | crime against
the victim in accordance with clause (d)(4) of | 9 | | this Section or at a proceeding
to determine the conditions of | 10 | | mandatory supervised release of a person
sentenced to a | 11 | | determinate sentence or at a hearing on revocation of mandatory
| 12 | | supervised release of a person sentenced to a determinate | 13 | | sentence, the Board
shall establish a toll-free number that may | 14 | | be accessed by the victim of
a violent crime to present that | 15 | | information to the Board.
| 16 | | (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | 17 | | 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. 8-11-09; | 18 | | 96-875, eff. 1-22-10.)
| 19 | | (725 ILCS 120/9) (from Ch. 38, par. 1408)
| 20 | | Sec. 9. This Act does not limit any rights or | 21 | | responsibilities otherwise
enjoyed by or imposed upon victims | 22 | | or witnesses of violent crime, nor does it
grant any person a | 23 | | cause of action for damages or attorneys fees. Except as | 24 | | provided in Section 11, any Any act of
omission or commission | 25 | | by any law enforcement officer, circuit court clerk,
or
State's
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| 1 | | Attorney, by the Attorney General, Prisoner Review Board, | 2 | | Department of
Corrections,
the Department of Juvenile Justice, | 3 | | Department of Human Services, or other State agency, or private | 4 | | entity under
contract pursuant to Section 8, or by any employee | 5 | | of any
State agency or private entity under contract pursuant | 6 | | to Section 8 acting
in good faith in rendering crime victim's | 7 | | assistance or
otherwise enforcing this Act shall not impose | 8 | | civil liability upon the
individual or entity or his or her | 9 | | supervisor or employer. Nothing in this Act
shall create a | 10 | | basis for vacating a conviction or a ground for appellate | 11 | | relief
in any criminal case. Failure of the crime victim to | 12 | | receive notice as
required, however, shall not deprive the | 13 | | court of the power to act regarding
the proceeding before it; | 14 | | nor shall any such failure grant the defendant the
right to | 15 | | seek a continuance.
| 16 | | (Source: P.A. 93-258, eff. 1-1-04; 94-696, eff. 6-1-06 .)
| 17 | | (725 ILCS 120/10 new) | 18 | | Sec. 10. Crime Victims' Rights Compliance Officer. | 19 | | (a) There shall be established an Office of the Crime | 20 | | Victims' Rights Compliance Officer. The Crime Victims' Rights | 21 | | Compliance Officer shall be appointed by the Governor from a | 22 | | list of at least 3 persons, prepared and submitted by the | 23 | | Violent Crimes Advisory Commission, to serve a 3-year term at | 24 | | the pleasure of the Governor. The compensation and funding for | 25 | | the Crime Victims' Rights Compliance Officer shall be made from |
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| 1 | | the Crime Victims' Rights Compliance Officer Fund as well as | 2 | | other public and private sources of funding as set out in | 3 | | subsection (f). The Crime Victims' Rights Compliance Officer | 4 | | may, within available funds, appoint such staff as may be | 5 | | deemed necessary. The duties of the staff may include the | 6 | | duties of the Crime Victims' Rights Compliance Officer if | 7 | | performed under the Officer's direction. | 8 | | (b) The Crime Victims' Rights Compliance Officer shall, | 9 | | subject to appropriation: | 10 | | (1) act as a liaison, when the Officer deems necessary, | 11 | | between agencies, either in the criminal justice system or | 12 | | in victim assistance programs, and victims and witnesses; | 13 | | (2) coordinate and cooperate with other private and | 14 | | public agencies concerned with the implementation, | 15 | | monitoring, and enforcement of the constitutional rights | 16 | | of victims and enter into cooperative agreements with | 17 | | public or private agencies for the furtherance of the | 18 | | constitutional rights of victims; | 19 | | (3) evaluate the delivery of services to victims by | 20 | | State agencies and those entities that provide services to | 21 | | victims; | 22 | | (4) review the procedures established by any State | 23 | | agency or other entity providing services to victims with | 24 | | respect to the constitutional rights of victims; | 25 | | (5) receive and review complaints of persons | 26 | | concerning the actions of any State or other entity |
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| 1 | | providing services to victims. The Officer may prescribe | 2 | | the methods by which complaints are to be made, received, | 3 | | and acted upon; may determine the scope and manner of | 4 | | investigations to be made; and may determine the form, | 5 | | frequency, and distribution of the Officer's conclusions, | 6 | | recommendations, and proposals. After completing | 7 | | investigation of a complaint, the Officer shall inform in | 8 | | writing the complainant, the investigated person or | 9 | | entity, and other appropriate authorities of the action | 10 | | taken. If the complaint involved the conduct of an element | 11 | | of the criminal justice system in relation to a criminal or | 12 | | civil proceeding, the Officer's findings shall be | 13 | | forwarded to the court in which the proceeding occurred; | 14 | | (6) investigate, with or without complaint, situations | 15 | | where it appears that a victim or family of a victim may be | 16 | | in need of assistance from the Crime Victims' Rights | 17 | | Compliance Officer; | 18 | | (7) file a limited special appearance in any court | 19 | | proceeding for the purpose of advocating for any right | 20 | | guaranteed to a crime victim by the Illinois Constitution | 21 | | or any right provided to a crime victim by any provision of | 22 | | Illinois law; | 23 | | (8) recommend changes in State policies concerning | 24 | | victims, including changes in the system of providing | 25 | | victim services. | 26 | | (c) All State, local, and private agencies shall have a |
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| 1 | | duty to cooperate with any investigation conducted by the Crime | 2 | | Victims' Rights Compliance Officer. Consistent with the | 3 | | provisions of Illinois law concerning the confidentiality of | 4 | | records and information, the Crime Victims' Rights Compliance | 5 | | Officer shall have access to, including the right to inspect | 6 | | and copy, any records necessary to carry out the | 7 | | responsibilities as set forth in subsection (b). Nothing | 8 | | contained in this subsection (c) shall be construed to waive a | 9 | | victim's right to confidentiality of communications or records | 10 | | as protected by any provision of Illinois or common law. | 11 | | (d) In the performance of his or her duties under | 12 | | subsection (b), the Crime Victims' Rights Compliance Officer | 13 | | may communicate privately with any victim or person who has | 14 | | received, is receiving, or should have received services from | 15 | | the State. Such communications shall be confidential and not be | 16 | | subject to disclosure except as provided by this Section. | 17 | | Neither the Officer nor any member of the Officer's staff may | 18 | | be compelled to testify or produce evidence in any judicial or
| 19 | | administrative proceeding with respect to matters involving | 20 | | the exercise of official duties under subsection (b) except as | 21 | | may be necessary to enforce the provisions of this Section. | 22 | | (e) The name, address, and other personally identifiable | 23 | | information of a person who makes a complaint to the Crime | 24 | | Victims' Rights Compliance Officer provided in subsection (b), | 25 | | all information obtained or generated by the office in the | 26 | | course of an investigation, the identity and location of any |
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| 1 | | person receiving or considered for the receipt of protective | 2 | | services and all information obtained or generated by the | 3 | | office in the course of monitoring the provision of protective | 4 | | services, and all confidential records obtained by the Crime | 5 | | Victims' Rights Compliance Officer or his or her designee shall | 6 | | be confidential and shall not be subject to disclosure under | 7 | | the Freedom of Information Act or otherwise, except that such | 8 | | information and records, other than confidential information | 9 | | concerning a pending law enforcement investigation or a pending | 10 | | prosecution, may be disclosed if the Crime Victims' Rights | 11 | | Compliance Officer determines that disclosure is: | 12 | | (1) in the general public interest, or | 13 | | (2) necessary to enable the Crime Victims' Rights | 14 | | Compliance Officer to perform his or her responsibilities | 15 | | under subsection (b), provided in no event shall the name, | 16 | | address, or other personally identifiable information of a | 17 | | person be disclosed without the consent of such person. | 18 | | (f) The Crime Victims' Rights Compliance Officer may apply | 19 | | for and accept grants, gifts, and bequests of funds from other | 20 | | states, federal, and interstate agencies and independent | 21 | | authorities and private firms, individuals, and foundations, | 22 | | for the purpose of carrying out his or her responsibilities. | 23 | | (g) The Crime Victims' Rights Compliance Officer shall | 24 | | annually submit to the Governor and the General Assembly a | 25 | | detailed report analyzing the work of the Office of the Crime | 26 | | Victims' Rights Compliance Officer. |
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| 1 | | (725 ILCS 120/11 new) | 2 | | Sec. 11. Penalties. Any person who willfully or maliciously | 3 | | commits a violation of this Act is liable for a civil penalty | 4 | | not to exceed $1,000. Such action may only be pursued by the | 5 | | Crime Victims' Rights Compliance Officer within the limits of | 6 | | this Section. If after the Crime Victims' Rights Compliance | 7 | | Officer receives and investigates a complaint of a violation of | 8 | | this Act and concludes that a willful and malicious violation | 9 | | has occurred, he or she shall generate a report detailing his | 10 | | or her findings of fact, conclusions as to the specific legal | 11 | | violations, and recommended sanctions. The Crime Victims' | 12 | | Rights Compliance Officer shall then file a complaint alleging | 13 | | that a violation has occurred, along with the report required | 14 | | by this Section, in the circuit court in which the alleged | 15 | | violation occurred. Upon the filing of the complaint and | 16 | | report, the circuit court shall set the matter for hearing to | 17 | | take place in no less than 30 days. If the court finds that | 18 | | based upon a preponderance of the evidence that such violation | 19 | | occurred, it shall assess any fines it deems appropriate within | 20 | | the limits of this Section and may order any other equitable | 21 | | relief necessary to remedy the violation.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 30 ILCS 105/5.786 new | | | 4 | | 30 ILCS 105/6z-87 new | | | 5 | | 50 ILCS 705/7 | from Ch. 85, par. 507 | | 6 | | 725 ILCS 120/3 | from Ch. 38, par. 1403 | | 7 | | 725 ILCS 120/4 | from Ch. 38, par. 1404 | | 8 | | 725 ILCS 120/4.5 | | | 9 | | 725 ILCS 120/9 | from Ch. 38, par. 1408 | | 10 | | 725 ILCS 120/10 new | | | 11 | | 725 ILCS 120/11 new | |
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