HB0827 EngrossedLRB098 03662 RLC 33678 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 Section 4.5 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 re-open a closed
19case to resume investigating, they shall provide notice of the
20re-opening of the case, except where the State's Attorney
21determines that disclosure of such information would
22unreasonably interfere with the investigation.
23    (b) The office of the State's Attorney:



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1        (1) shall provide notice of the filing of information,
2    the return of an indictment by which a prosecution for any
3    violent crime is commenced, or the filing of a petition to
4    adjudicate a minor as a delinquent for a violent crime;
5        (2) shall provide notice of the date, time, and place
6    of trial;
7        (3) or victim advocate personnel shall provide
8    information of social services and financial assistance
9    available for victims of crime, including information of
10    how to apply for these services and assistance;
11        (3.5) or victim advocate personnel shall provide
12    information about available victim services, including
13    referrals to programs, counselors, and agencies that
14    assist a victim to deal with trauma, loss, and grief;
15        (4) shall assist in having any stolen or other personal
16    property held by law enforcement authorities for
17    evidentiary or other purposes returned as expeditiously as
18    possible, pursuant to the procedures set out in Section
19    115-9 of the Code of Criminal Procedure of 1963;
20        (5) or victim advocate personnel shall provide
21    appropriate employer intercession services to ensure that
22    employers of victims will cooperate with the criminal
23    justice system in order to minimize an employee's loss of
24    pay and other benefits resulting from court appearances;
25        (6) shall provide information whenever possible, of a
26    secure waiting area during court proceedings that does not



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1    require victims to be in close proximity to defendant or
2    juveniles accused of a violent crime, and their families
3    and friends;
4        (7) shall provide notice to the crime victim of the
5    right to have a translator present at all court proceedings
6    and, in compliance with the federal Americans with
7    Disabilities Act of 1990, the right to communications
8    access through a sign language interpreter or by other
9    means;
10        (8) in the case of the death of a person, which death
11    occurred in the same transaction or occurrence in which
12    acts occurred for which a defendant is charged with an
13    offense, shall notify the spouse, parent, child or sibling
14    of the decedent of the date of the trial of the person or
15    persons allegedly responsible for the death;
16        (9) shall inform the victim of the right to have
17    present at all court proceedings, subject to the rules of
18    evidence, an advocate or other support person of the
19    victim's choice, and the right to retain an attorney, at
20    the victim's own expense, who, upon written notice filed
21    with the clerk of the court and State's Attorney, is to
22    receive copies of all notices, motions and court orders
23    filed thereafter in the case, in the same manner as if the
24    victim were a named party in the case;
25        (9.5) shall inform the victim of (A) the victim's right
26    under Section 6 of this Act to make a victim impact



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1    statement at the sentencing hearing; (B) the right of the
2    victim's spouse, guardian, parent, grandparent and other
3    immediate family and household members under Section 6 of
4    this Act to present an impact statement at sentencing; and
5    (C) if a presentence report is to be prepared, the right of
6    the victim's spouse, guardian, parent, grandparent and
7    other immediate family and household to submit information
8    to the preparer of the presentence report about the effect
9    the offense has had on the victim and the person;
10        (10) at the sentencing hearing shall make a good faith
11    attempt to explain the minimum amount of time during which
12    the defendant may actually be physically imprisoned. The
13    Office of the State's Attorney shall further notify the
14    crime victim of the right to request from the Prisoner
15    Review Board information concerning the release of the
16    defendant under subparagraph (d)(1) of this Section;
17        (11) shall request restitution at sentencing and shall
18    consider restitution in any plea negotiation, as provided
19    by law; and
20        (12) shall, upon the court entering a verdict of not
21    guilty by reason of insanity, inform the victim of the
22    notification services available from the Department of
23    Human Services, including the statewide telephone number,
24    under subparagraph (d)(2) of this Section.
25    (c) At the written request of the crime victim, the office
26of the State's Attorney shall:



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



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



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1times and dates of such furlough. Upon written request by the
2victim or any other concerned citizen, the State's Attorney
3shall notify the person once of the times and dates of release
4of a prisoner sentenced to periodic imprisonment. Notification
5shall be based on the most recent information as to victim's or
6other concerned citizen's residence or other location
7available to the notifying authority.
8    (2) When the defendant has been committed to the Department
9of Human Services pursuant to Section 5-2-4 or any other
10provision of the Unified Code of Corrections, the victim may
11request to be notified by the releasing authority of the
12approval by the court of an on-grounds pass, a supervised
13off-grounds pass, an unsupervised off-grounds pass, or
14conditional release; the release on an off-grounds pass; the
15return from an off-grounds pass; transfer to another facility;
16conditional release; escape; death; or final discharge from
17State custody. The Department of Human Services shall establish
18and maintain a statewide telephone number to be used by victims
19to make notification requests under these provisions and shall
20publicize this telephone number on its website and to the
21State's Attorney of each county.
22    (3) In the event of an escape from State custody, the
23Department of Corrections or the Department of Juvenile Justice
24immediately shall notify the Prisoner Review Board of the
25escape and the Prisoner Review Board shall notify the victim.
26The notification shall be based upon the most recent



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1information as to the victim's residence or other location
2available to the Board. When no such information is available,
3the Board shall make all reasonable efforts to obtain the
4information and make the notification. When the escapee is
5apprehended, the Department of Corrections or the Department of
6Juvenile Justice immediately shall notify the Prisoner Review
7Board and the Board shall notify the victim.
8    (4) The victim of the crime for which the prisoner has been
9sentenced shall receive reasonable written notice not less than
1030 days prior to the parole interview and may submit, in
11writing, on film, videotape or other electronic means or in the
12form of a recording or in person at the parole interview or if
13a victim of a violent crime, by calling the toll-free number
14established in subsection (f) of this Section, information for
15consideration by the Prisoner Review Board. The victim shall be
16notified within 7 days after the prisoner has been granted
17parole and shall be informed of the right to inspect the
18registry of parole decisions, established under subsection (g)
19of Section 3-3-5 of the Unified Code of Corrections. The
20provisions of this paragraph (4) are subject to the Open Parole
21Hearings Act.
22    (5) If a statement is presented under Section 6, the
23Prisoner Review Board shall inform the victim of any order of
24discharge entered by the Board pursuant to Section 3-3-8 of the
25Unified Code of Corrections.
26    (6) At the written request of the victim of the crime for



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



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1appropriate county of any such person's final discharge from
2county custody. The notification shall be made to the victim at
3least 30 days, whenever possible, before release of the sex
5    (e) The officials named in this Section may satisfy some or
6all of their obligations to provide notices and other
7information through participation in a statewide victim and
8witness notification system established by the Attorney
9General under Section 8.5 of this Act.
10    (f) To permit a victim of a violent crime to provide
11information to the Prisoner Review Board for consideration by
12the Board at a parole hearing of a person who committed the
13crime against the victim in accordance with clause (d)(4) of
14this Section or at a proceeding to determine the conditions of
15mandatory supervised release of a person sentenced to a
16determinate sentence or at a hearing on revocation of mandatory
17supervised release of a person sentenced to a determinate
18sentence, the Board shall establish a toll-free number that may
19be accessed by the victim of a violent crime to present that
20information to the Board.
21(Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10;
2297-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, eff. 7-13-12;
2397-815, eff. 1-1-13.)
24    Section 10. The Unified Code of Corrections is amended by
25changing Section 5-3-2 as follows:



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1    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
2    Sec. 5-3-2. Presentence Report.
3    (a) In felony cases, the presentence report shall set
5        (1) the defendant's history of delinquency or
6    criminality, physical and mental history and condition,
7    family situation and background, economic status,
8    education, occupation and personal habits;
9        (2) information about special resources within the
10    community which might be available to assist the
11    defendant's rehabilitation, including treatment centers,
12    residential facilities, vocational training services,
13    correctional manpower programs, employment opportunities,
14    special educational programs, alcohol and drug abuse
15    programming, psychiatric and marriage counseling, and
16    other programs and facilities which could aid the
17    defendant's successful reintegration into society;
18        (3) the effect the offense committed has had upon the
19    victim or victims thereof, and any compensatory benefit
20    that various sentencing alternatives would confer on such
21    victim or victims;
22        (3.5) information provided by the victim's spouse,
23    guardian, parent, grandparent, and other immediate family
24    and household members about the effect the offense
25    committed has had on the victim and on the person providing



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1    the information; if the victim's spouse, guardian, parent,
2    grandparent, or other immediate family or household member
3    has provided a written statement, the statement shall be
4    attached to the report;
5        (4) information concerning the defendant's status
6    since arrest, including his record if released on his own
7    recognizance, or the defendant's achievement record if
8    released on a conditional pre-trial supervision program;
9        (5) when appropriate, a plan, based upon the personal,
10    economic and social adjustment needs of the defendant,
11    utilizing public and private community resources as an
12    alternative to institutional sentencing;
13        (6) any other matters that the investigatory officer
14    deems relevant or the court directs to be included; and
15        (7) information concerning defendant's eligibility for
16    a sentence to a county impact incarceration program under
17    Section 5-8-1.2 of this Code.
18    (b) The investigation shall include a physical and mental
19examination of the defendant when so ordered by the court. If
20the court determines that such an examination should be made,
21it shall issue an order that the defendant submit to
22examination at such time and place as designated by the court
23and that such examination be conducted by a physician,
24psychologist or psychiatrist designated by the court. Such an
25examination may be conducted in a court clinic if so ordered by
26the court. The cost of such examination shall be paid by the



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1county in which the trial is held.
2    (b-5) In cases involving felony sex offenses in which the
3offender is being considered for probation only or any felony
4offense that is sexually motivated as defined in the Sex
5Offender Management Board Act in which the offender is being
6considered for probation only, the investigation shall include
7a sex offender evaluation by an evaluator approved by the Board
8and conducted in conformance with the standards developed under
9the Sex Offender Management Board Act. In cases in which the
10offender is being considered for any mandatory prison sentence,
11the investigation shall not include a sex offender evaluation.
12    (c) In misdemeanor, business offense or petty offense
13cases, except as specified in subsection (d) of this Section,
14when a presentence report has been ordered by the court, such
15presentence report shall contain information on the
16defendant's history of delinquency or criminality and shall
17further contain only those matters listed in any of paragraphs
18(1) through (6) of subsection (a) or in subsection (b) of this
19Section as are specified by the court in its order for the
21    (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
2212-30 of the Criminal Code of 1961 or the Criminal Code of
232012, the presentence report shall set forth information about
24alcohol, drug abuse, psychiatric, and marriage counseling or
25other treatment programs and facilities, information on the
26defendant's history of delinquency or criminality, and shall



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1contain those additional matters listed in any of paragraphs
2(1) through (6) of subsection (a) or in subsection (b) of this
3Section as are specified by the court.
4    (e) Nothing in this Section shall cause the defendant to be
5held without bail or to have his bail revoked for the purpose
6of preparing the presentence report or making an examination.
7(Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section
8970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff.
97-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)