HB0827 EnrolledLRB098 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 members to submit
8    information to the preparer of the presentence report about
9    the effect the offense has had on the victim and the
10    person;
11        (10) at the sentencing hearing shall make a good faith
12    attempt to explain the minimum amount of time during which
13    the defendant may actually be physically imprisoned. The
14    Office of the State's Attorney shall further notify the
15    crime victim of the right to request from the Prisoner
16    Review Board information concerning the release of the
17    defendant under subparagraph (d)(1) of this Section;
18        (11) shall request restitution at sentencing and shall
19    consider restitution in any plea negotiation, as provided
20    by law; and
21        (12) shall, upon the court entering a verdict of not
22    guilty by reason of insanity, inform the victim of the
23    notification services available from the Department of
24    Human Services, including the statewide telephone number,
25    under subparagraph (d)(2) of this Section.
26    (c) At the written request of the crime victim, the office



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



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



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



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1The notification shall be based upon the most recent
2information as to the victim's residence or other location
3available to the Board. When no such information is available,
4the Board shall make all reasonable efforts to obtain the
5information and make the notification. When the escapee is
6apprehended, the Department of Corrections or the Department of
7Juvenile Justice immediately shall notify the Prisoner Review
8Board and the Board shall notify the victim.
9    (4) The victim of the crime for which the prisoner has been
10sentenced shall receive reasonable written notice not less than
1130 days prior to the parole interview and may submit, in
12writing, on film, videotape or other electronic means or in the
13form of a recording or in person at the parole interview or if
14a victim of a violent crime, by calling the toll-free number
15established in subsection (f) of this Section, information for
16consideration by the Prisoner Review Board. The victim shall be
17notified within 7 days after the prisoner has been granted
18parole and shall be informed of the right to inspect the
19registry of parole decisions, established under subsection (g)
20of Section 3-3-5 of the Unified Code of Corrections. The
21provisions of this paragraph (4) are subject to the Open Parole
22Hearings Act.
23    (5) If a statement is presented under Section 6, the
24Prisoner Review Board shall inform the victim of any order of
25discharge entered by the Board pursuant to Section 3-3-8 of the
26Unified Code of Corrections.



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



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1offense from State custody and by the sheriff of the
2appropriate county of any such person's final discharge from
3county custody. The notification shall be made to the victim at
4least 30 days, whenever possible, before release of the sex
6    (e) The officials named in this Section may satisfy some or
7all of their obligations to provide notices and other
8information through participation in a statewide victim and
9witness notification system established by the Attorney
10General under Section 8.5 of this Act.
11    (f) To permit a victim of a violent crime to provide
12information to the Prisoner Review Board for consideration by
13the Board at a parole hearing of a person who committed the
14crime against the victim in accordance with clause (d)(4) of
15this Section or at a proceeding to determine the conditions of
16mandatory supervised release of a person sentenced to a
17determinate sentence or at a hearing on revocation of mandatory
18supervised release of a person sentenced to a determinate
19sentence, the Board shall establish a toll-free number that may
20be accessed by the victim of a violent crime to present that
21information to the Board.
22(Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10;
2397-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, eff. 7-13-12;
2497-815, eff. 1-1-13.)
25    Section 10. The Unified Code of Corrections is amended by



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



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



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1the court. The cost of such examination shall be paid by the
2county in which the trial is held.
3    (b-5) In cases involving felony sex offenses in which the
4offender is being considered for probation only or any felony
5offense that is sexually motivated as defined in the Sex
6Offender Management Board Act in which the offender is being
7considered for probation only, the investigation shall include
8a sex offender evaluation by an evaluator approved by the Board
9and conducted in conformance with the standards developed under
10the Sex Offender Management Board Act. In cases in which the
11offender is being considered for any mandatory prison sentence,
12the investigation shall not include a sex offender evaluation.
13    (c) In misdemeanor, business offense or petty offense
14cases, except as specified in subsection (d) of this Section,
15when a presentence report has been ordered by the court, such
16presentence report shall contain information on the
17defendant's history of delinquency or criminality and shall
18further contain only those matters listed in any of paragraphs
19(1) through (6) of subsection (a) or in subsection (b) of this
20Section as are specified by the court in its order for the
22    (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
2312-30 of the Criminal Code of 1961 or the Criminal Code of
242012, the presentence report shall set forth information about
25alcohol, drug abuse, psychiatric, and marriage counseling or
26other treatment programs and facilities, information on the



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1defendant's history of delinquency or criminality, and shall
2contain those additional matters listed in any of paragraphs
3(1) through (6) of subsection (a) or in subsection (b) of this
4Section as are specified by the court.
5    (e) Nothing in this Section shall cause the defendant to be
6held without bail or to have his bail revoked for the purpose
7of preparing the presentence report or making an examination.
8(Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section
9970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff.
107-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)