Illinois General Assembly - Full Text of HB5393
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Full Text of HB5393  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Mark Batinick - Grant Wehrli - Avery Bourne - Amy Grant


725 ILCS 120/4.5

    Amends the Rights of Crime Victims and Witnesses Act. Provides that in a case of domestic violence as defined in the Code of Criminal Procedure of 1963, the warden or other official in charge of a county jail, county department of corrections, municipal house of correction, or municipal lockup, or his or her designee, shall immediately notify the crime victim of the defendant's release from custody.

LRB101 15858 RLC 65215 b





HB5393LRB101 15858 RLC 65215 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 reopen a closed case
19to resume investigating, they shall provide notice of the
20reopening 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 an
2    information, the return of an indictment, or the filing of
3    a petition to adjudicate a minor as a delinquent for a
4    violent crime;
5        (2) shall provide timely notice of the date, time, and
6    place of court proceedings; of any change in the date,
7    time, and place of court proceedings; and of any
8    cancellation of court proceedings. Notice shall be
9    provided in sufficient time, wherever possible, for the
10    victim to make arrangements to attend or to prevent an
11    unnecessary appearance at court proceedings;
12        (3) or victim advocate personnel shall provide
13    information of social services and financial assistance
14    available for victims of crime, including information of
15    how to apply for these services and assistance;
16        (3.5) or victim advocate personnel shall provide
17    information about available victim services, including
18    referrals to programs, counselors, and agencies that
19    assist a victim to deal with trauma, loss, and grief;
20        (4) shall assist in having any stolen or other personal
21    property held by law enforcement authorities for
22    evidentiary or other purposes returned as expeditiously as
23    possible, pursuant to the procedures set out in Section
24    115-9 of the Code of Criminal Procedure of 1963;
25        (5) or victim advocate personnel shall provide
26    appropriate employer intercession services to ensure that



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1    employers of victims will cooperate with the criminal
2    justice system in order to minimize an employee's loss of
3    pay and other benefits resulting from court appearances;
4        (6) shall provide, whenever possible, a secure waiting
5    area during court proceedings that does not require victims
6    to be in close proximity to defendants or juveniles accused
7    of a violent crime, and their families and friends;
8        (7) shall provide notice to the crime victim of the
9    right to have a translator present at all court proceedings
10    and, in compliance with the federal Americans with
11    Disabilities Act of 1990, the right to communications
12    access through a sign language interpreter or by other
13    means;
14        (8) (blank);
15        (8.5) shall inform the victim of the right to be
16    present at all court proceedings, unless the victim is to
17    testify and the court determines that the victim's
18    testimony would be materially affected if the victim hears
19    other testimony at trial;
20        (9) shall inform the victim of the right to have
21    present at all court proceedings, subject to the rules of
22    evidence and confidentiality, an advocate and other
23    support person of the victim's choice;
24        (9.3) shall inform the victim of the right to retain an
25    attorney, at the victim's own expense, who, upon written
26    notice filed with the clerk of the court and State's



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1    Attorney, is to receive copies of all notices, motions, and
2    court orders filed thereafter in the case, in the same
3    manner as if the victim were a named party in the case;
4        (9.5) shall inform the victim of (A) the victim's right
5    under Section 6 of this Act to make a statement at the
6    sentencing hearing; (B) the right of the victim's spouse,
7    guardian, parent, grandparent, and other immediate family
8    and household members under Section 6 of this Act to
9    present a statement at sentencing; and (C) if a presentence
10    report is to be prepared, the right of the victim's spouse,
11    guardian, parent, grandparent, and other immediate family
12    and household members to submit information to the preparer
13    of the presentence report about the effect the offense has
14    had on the victim and the person;
15        (10) at the sentencing shall make a good faith attempt
16    to explain the minimum amount of time during which the
17    defendant may actually be physically imprisoned. The
18    Office of the State's Attorney shall further notify the
19    crime victim of the right to request from the Prisoner
20    Review Board or Department of Juvenile Justice information
21    concerning the release of the defendant;
22        (11) shall request restitution at sentencing and as
23    part of a plea agreement if the victim requests
24    restitution;
25        (12) shall, upon the court entering a verdict of not
26    guilty by reason of insanity, inform the victim of the



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1    notification services available from the Department of
2    Human Services, including the statewide telephone number,
3    under subparagraph (d)(2) of this Section;
4        (13) shall provide notice within a reasonable time
5    after receipt of notice from the custodian, of the release
6    of the defendant on bail or personal recognizance or the
7    release from detention of a minor who has been detained;
8        (14) shall explain in nontechnical language the
9    details of any plea or verdict of a defendant, or any
10    adjudication of a juvenile as a delinquent;
11        (15) shall make all reasonable efforts to consult with
12    the crime victim before the Office of the State's Attorney
13    makes an offer of a plea bargain to the defendant or enters
14    into negotiations with the defendant concerning a possible
15    plea agreement, and shall consider the written statement,
16    if prepared prior to entering into a plea agreement. The
17    right to consult with the prosecutor does not include the
18    right to veto a plea agreement or to insist the case go to
19    trial. If the State's Attorney has not consulted with the
20    victim prior to making an offer or entering into plea
21    negotiations with the defendant, the Office of the State's
22    Attorney shall notify the victim of the offer or the
23    negotiations within 2 business days and confer with the
24    victim;
25        (16) shall provide notice of the ultimate disposition
26    of the cases arising from an indictment or an information,



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1    or a petition to have a juvenile adjudicated as a
2    delinquent for a violent crime;
3        (17) shall provide notice of any appeal taken by the
4    defendant and information on how to contact the appropriate
5    agency handling the appeal, and how to request notice of
6    any hearing, oral argument, or decision of an appellate
7    court;
8        (18) shall provide timely notice of any request for
9    post-conviction review filed by the defendant under
10    Article 122 of the Code of Criminal Procedure of 1963, and
11    of the date, time and place of any hearing concerning the
12    petition. Whenever possible, notice of the hearing shall be
13    given within 48 hours of the court's scheduling of the
14    hearing; and
15        (19) shall forward a copy of any statement presented
16    under Section 6 to the Prisoner Review Board or Department
17    of Juvenile Justice to be considered in making a
18    determination under Section 3-2.5-85 or subsection (b) of
19    Section 3-3-8 of the Unified Code of Corrections.
20    (c) The court shall ensure that the rights of the victim
21are afforded.
22    (c-5) The following procedures shall be followed to afford
23victims the rights guaranteed by Article I, Section 8.1 of the
24Illinois Constitution:
25        (1) Written notice. A victim may complete a written
26    notice of intent to assert rights on a form prepared by the



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1    Office of the Attorney General and provided to the victim
2    by the State's Attorney. The victim may at any time provide
3    a revised written notice to the State's Attorney. The
4    State's Attorney shall file the written notice with the
5    court. At the beginning of any court proceeding in which
6    the right of a victim may be at issue, the court and
7    prosecutor shall review the written notice to determine
8    whether the victim has asserted the right that may be at
9    issue.
10        (2) Victim's retained attorney. A victim's attorney
11    shall file an entry of appearance limited to assertion of
12    the victim's rights. Upon the filing of the entry of
13    appearance and service on the State's Attorney and the
14    defendant, the attorney is to receive copies of all
15    notices, motions and court orders filed thereafter in the
16    case.
17        (3) Standing. The victim has standing to assert the
18    rights enumerated in subsection (a) of Article I, Section
19    8.1 of the Illinois Constitution and the statutory rights
20    under Section 4 of this Act in any court exercising
21    jurisdiction over the criminal case. The prosecuting
22    attorney, a victim, or the victim's retained attorney may
23    assert the victim's rights. The defendant in the criminal
24    case has no standing to assert a right of the victim in any
25    court proceeding, including on appeal.
26        (4) Assertion of and enforcement of rights.



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1            (A) The prosecuting attorney shall assert a
2        victim's right or request enforcement of a right by
3        filing a motion or by orally asserting the right or
4        requesting enforcement in open court in the criminal
5        case outside the presence of the jury. The prosecuting
6        attorney shall consult with the victim and the victim's
7        attorney regarding the assertion or enforcement of a
8        right. If the prosecuting attorney decides not to
9        assert or enforce a victim's right, the prosecuting
10        attorney shall notify the victim or the victim's
11        attorney in sufficient time to allow the victim or the
12        victim's attorney to assert the right or to seek
13        enforcement of a right.
14            (B) If the prosecuting attorney elects not to
15        assert a victim's right or to seek enforcement of a
16        right, the victim or the victim's attorney may assert
17        the victim's right or request enforcement of a right by
18        filing a motion or by orally asserting the right or
19        requesting enforcement in open court in the criminal
20        case outside the presence of the jury.
21            (C) If the prosecuting attorney asserts a victim's
22        right or seeks enforcement of a right, and the court
23        denies the assertion of the right or denies the request
24        for enforcement of a right, the victim or victim's
25        attorney may file a motion to assert the victim's right
26        or to request enforcement of the right within 10 days



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1        of the court's ruling. The motion need not demonstrate
2        the grounds for a motion for reconsideration. The court
3        shall rule on the merits of the motion.
4            (D) The court shall take up and decide any motion
5        or request asserting or seeking enforcement of a
6        victim's right without delay, unless a specific time
7        period is specified by law or court rule. The reasons
8        for any decision denying the motion or request shall be
9        clearly stated on the record.
10        (5) Violation of rights and remedies.
11            (A) If the court determines that a victim's right
12        has been violated, the court shall determine the
13        appropriate remedy for the violation of the victim's
14        right by hearing from the victim and the parties,
15        considering all factors relevant to the issue, and then
16        awarding appropriate relief to the victim.
17            (A-5) Consideration of an issue of a substantive
18        nature or an issue that implicates the constitutional
19        or statutory right of a victim at a court proceeding
20        labeled as a status hearing shall constitute a per se
21        violation of a victim's right.
22            (B) The appropriate remedy shall include only
23        actions necessary to provide the victim the right to
24        which the victim was entitled and may include reopening
25        previously held proceedings; however, in no event
26        shall the court vacate a conviction. Any remedy shall



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1        be tailored to provide the victim an appropriate remedy
2        without violating any constitutional right of the
3        defendant. In no event shall the appropriate remedy be
4        a new trial, damages, or costs.
5        (6) Right to be heard. Whenever a victim has the right
6    to be heard, the court shall allow the victim to exercise
7    the right in any reasonable manner the victim chooses.
8        (7) Right to attend trial. A party must file a written
9    motion to exclude a victim from trial at least 60 days
10    prior to the date set for trial. The motion must state with
11    specificity the reason exclusion is necessary to protect a
12    constitutional right of the party, and must contain an
13    offer of proof. The court shall rule on the motion within
14    30 days. If the motion is granted, the court shall set
15    forth on the record the facts that support its finding that
16    the victim's testimony will be materially affected if the
17    victim hears other testimony at trial.
18        (8) Right to have advocate and support person present
19    at court proceedings.
20            (A) A party who intends to call an advocate as a
21        witness at trial must seek permission of the court
22        before the subpoena is issued. The party must file a
23        written motion at least 90 days before trial that sets
24        forth specifically the issues on which the advocate's
25        testimony is sought and an offer of proof regarding (i)
26        the content of the anticipated testimony of the



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1        advocate; and (ii) the relevance, admissibility, and
2        materiality of the anticipated testimony. The court
3        shall consider the motion and make findings within 30
4        days of the filing of the motion. If the court finds by
5        a preponderance of the evidence that: (i) the
6        anticipated testimony is not protected by an absolute
7        privilege; and (ii) the anticipated testimony contains
8        relevant, admissible, and material evidence that is
9        not available through other witnesses or evidence, the
10        court shall issue a subpoena requiring the advocate to
11        appear to testify at an in camera hearing. The
12        prosecuting attorney and the victim shall have 15 days
13        to seek appellate review before the advocate is
14        required to testify at an ex parte in camera
15        proceeding.
16            The prosecuting attorney, the victim, and the
17        advocate's attorney shall be allowed to be present at
18        the ex parte in camera proceeding. If, after conducting
19        the ex parte in camera hearing, the court determines
20        that due process requires any testimony regarding
21        confidential or privileged information or
22        communications, the court shall provide to the
23        prosecuting attorney, the victim, and the advocate's
24        attorney a written memorandum on the substance of the
25        advocate's testimony. The prosecuting attorney, the
26        victim, and the advocate's attorney shall have 15 days



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1        to seek appellate review before a subpoena may be
2        issued for the advocate to testify at trial. The
3        presence of the prosecuting attorney at the ex parte in
4        camera proceeding does not make the substance of the
5        advocate's testimony that the court has ruled
6        inadmissible subject to discovery.
7            (B) If a victim has asserted the right to have a
8        support person present at the court proceedings, the
9        victim shall provide the name of the person the victim
10        has chosen to be the victim's support person to the
11        prosecuting attorney, within 60 days of trial. The
12        prosecuting attorney shall provide the name to the
13        defendant. If the defendant intends to call the support
14        person as a witness at trial, the defendant must seek
15        permission of the court before a subpoena is issued.
16        The defendant must file a written motion at least 45
17        days prior to trial that sets forth specifically the
18        issues on which the support person will testify and an
19        offer of proof regarding: (i) the content of the
20        anticipated testimony of the support person; and (ii)
21        the relevance, admissibility, and materiality of the
22        anticipated testimony.
23            If the prosecuting attorney intends to call the
24        support person as a witness during the State's
25        case-in-chief, the prosecuting attorney shall inform
26        the court of this intent in the response to the



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1        defendant's written motion. The victim may choose a
2        different person to be the victim's support person. The
3        court may allow the defendant to inquire about matters
4        outside the scope of the direct examination during
5        cross-examination. If the court allows the defendant
6        to do so, the support person shall be allowed to remain
7        in the courtroom after the support person has
8        testified. A defendant who fails to question the
9        support person about matters outside the scope of
10        direct examination during the State's case-in-chief
11        waives the right to challenge the presence of the
12        support person on appeal. The court shall allow the
13        support person to testify if called as a witness in the
14        defendant's case-in-chief or the State's rebuttal.
15            If the court does not allow the defendant to
16        inquire about matters outside the scope of the direct
17        examination, the support person shall be allowed to
18        remain in the courtroom after the support person has
19        been called by the defendant or the defendant has
20        rested. The court shall allow the support person to
21        testify in the State's rebuttal.
22            If the prosecuting attorney does not intend to call
23        the support person in the State's case-in-chief, the
24        court shall verify with the support person whether the
25        support person, if called as a witness, would testify
26        as set forth in the offer of proof. If the court finds



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1        that the support person would testify as set forth in
2        the offer of proof, the court shall rule on the
3        relevance, materiality, and admissibility of the
4        anticipated testimony. If the court rules the
5        anticipated testimony is admissible, the court shall
6        issue the subpoena. The support person may remain in
7        the courtroom after the support person testifies and
8        shall be allowed to testify in rebuttal.
9            If the court excludes the victim's support person
10        during the State's case-in-chief, the victim shall be
11        allowed to choose another support person to be present
12        in court.
13            If the victim fails to designate a support person
14        within 60 days of trial and the defendant has
15        subpoenaed the support person to testify at trial, the
16        court may exclude the support person from the trial
17        until the support person testifies. If the court
18        excludes the support person the victim may choose
19        another person as a support person.
20        (9) Right to notice and hearing before disclosure of
21    confidential or privileged information or records. A
22    defendant who seeks to subpoena records of or concerning
23    the victim that are confidential or privileged by law must
24    seek permission of the court before the subpoena is issued.
25    The defendant must file a written motion and an offer of
26    proof regarding the relevance, admissibility and



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1    materiality of the records. If the court finds by a
2    preponderance of the evidence that: (A) the records are not
3    protected by an absolute privilege and (B) the records
4    contain relevant, admissible, and material evidence that
5    is not available through other witnesses or evidence, the
6    court shall issue a subpoena requiring a sealed copy of the
7    records be delivered to the court to be reviewed in camera.
8    If, after conducting an in camera review of the records,
9    the court determines that due process requires disclosure
10    of any portion of the records, the court shall provide
11    copies of what it intends to disclose to the prosecuting
12    attorney and the victim. The prosecuting attorney and the
13    victim shall have 30 days to seek appellate review before
14    the records are disclosed to the defendant. The disclosure
15    of copies of any portion of the records to the prosecuting
16    attorney does not make the records subject to discovery.
17        (10) Right to notice of court proceedings. If the
18    victim is not present at a court proceeding in which a
19    right of the victim is at issue, the court shall ask the
20    prosecuting attorney whether the victim was notified of the
21    time, place, and purpose of the court proceeding and that
22    the victim had a right to be heard at the court proceeding.
23    If the court determines that timely notice was not given or
24    that the victim was not adequately informed of the nature
25    of the court proceeding, the court shall not rule on any
26    substantive issues, accept a plea, or impose a sentence and



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1    shall continue the hearing for the time necessary to notify
2    the victim of the time, place and nature of the court
3    proceeding. The time between court proceedings shall not be
4    attributable to the State under Section 103-5 of the Code
5    of Criminal Procedure of 1963.
6        (11) Right to timely disposition of the case. A victim
7    has the right to timely disposition of the case so as to
8    minimize the stress, cost, and inconvenience resulting
9    from the victim's involvement in the case. Before ruling on
10    a motion to continue trial or other court proceeding, the
11    court shall inquire into the circumstances for the request
12    for the delay and, if the victim has provided written
13    notice of the assertion of the right to a timely
14    disposition, and whether the victim objects to the delay.
15    If the victim objects, the prosecutor shall inform the
16    court of the victim's objections. If the prosecutor has not
17    conferred with the victim about the continuance, the
18    prosecutor shall inform the court of the attempts to
19    confer. If the court finds the attempts of the prosecutor
20    to confer with the victim were inadequate to protect the
21    victim's right to be heard, the court shall give the
22    prosecutor at least 3 but not more than 5 business days to
23    confer with the victim. In ruling on a motion to continue,
24    the court shall consider the reasons for the requested
25    continuance, the number and length of continuances that
26    have been granted, the victim's objections and procedures



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1    to avoid further delays. If a continuance is granted over
2    the victim's objection, the court shall specify on the
3    record the reasons for the continuance and the procedures
4    that have been or will be taken to avoid further delays.
5        (12) Right to Restitution.
6            (A) If the victim has asserted the right to
7        restitution and the amount of restitution is known at
8        the time of sentencing, the court shall enter the
9        judgment of restitution at the time of sentencing.
10            (B) If the victim has asserted the right to
11        restitution and the amount of restitution is not known
12        at the time of sentencing, the prosecutor shall, within
13        5 days after sentencing, notify the victim what
14        information and documentation related to restitution
15        is needed and that the information and documentation
16        must be provided to the prosecutor within 45 days after
17        sentencing. Failure to timely provide information and
18        documentation related to restitution shall be deemed a
19        waiver of the right to restitution. The prosecutor
20        shall file and serve within 60 days after sentencing a
21        proposed judgment for restitution and a notice that
22        includes information concerning the identity of any
23        victims or other persons seeking restitution, whether
24        any victim or other person expressly declines
25        restitution, the nature and amount of any damages
26        together with any supporting documentation, a



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1        restitution amount recommendation, and the names of
2        any co-defendants and their case numbers. Within 30
3        days after receipt of the proposed judgment for
4        restitution, the defendant shall file any objection to
5        the proposed judgment, a statement of grounds for the
6        objection, and a financial statement. If the defendant
7        does not file an objection, the court may enter the
8        judgment for restitution without further proceedings.
9        If the defendant files an objection and either party
10        requests a hearing, the court shall schedule a hearing.
11        (13) Access to presentence reports.
12            (A) The victim may request a copy of the
13        presentence report prepared under the Unified Code of
14        Corrections from the State's Attorney. The State's
15        Attorney shall redact the following information before
16        providing a copy of the report:
17                (i) the defendant's mental history and
18            condition;
19                (ii) any evaluation prepared under subsection
20            (b) or (b-5) of Section 5-3-2; and
21                (iii) the name, address, phone number, and
22            other personal information about any other victim.
23            (B) The State's Attorney or the defendant may
24        request the court redact other information in the
25        report that may endanger the safety of any person.
26            (C) The State's Attorney may orally disclose to the



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1        victim any of the information that has been redacted if
2        there is a reasonable likelihood that the information
3        will be stated in court at the sentencing.
4            (D) The State's Attorney must advise the victim
5        that the victim must maintain the confidentiality of
6        the report and other information. Any dissemination of
7        the report or information that was not stated at a
8        court proceeding constitutes indirect criminal
9        contempt of court.
10        (14) Appellate relief. If the trial court denies the
11    relief requested, the victim, the victim's attorney, or the
12    prosecuting attorney may file an appeal within 30 days of
13    the trial court's ruling. The trial or appellate court may
14    stay the court proceedings if the court finds that a stay
15    would not violate a constitutional right of the defendant.
16    If the appellate court denies the relief sought, the
17    reasons for the denial shall be clearly stated in a written
18    opinion. In any appeal in a criminal case, the State may
19    assert as error the court's denial of any crime victim's
20    right in the proceeding to which the appeal relates.
21        (15) Limitation on appellate relief. In no case shall
22    an appellate court provide a new trial to remedy the
23    violation of a victim's right.
24        (16) The right to be reasonably protected from the
25    accused throughout the criminal justice process and the
26    right to have the safety of the victim and the victim's



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1    family considered in denying or fixing the amount of bail,
2    determining whether to release the defendant, and setting
3    conditions of release after arrest and conviction. A victim
4    of domestic violence, a sexual offense, or stalking may
5    request the entry of a protective order under Article 112A
6    of the Code of Criminal Procedure of 1963.
7    (d) Procedures after the imposition of sentence.
8        (1) The Prisoner Review Board shall inform a victim or
9    any other concerned citizen, upon written request, of the
10    prisoner's release on parole, mandatory supervised
11    release, electronic detention, work release, international
12    transfer or exchange, or by the custodian, other than the
13    Department of Juvenile Justice, of the discharge of any
14    individual who was adjudicated a delinquent for a crime
15    from State custody and by the sheriff of the appropriate
16    county of any such person's final discharge from county
17    custody. The Prisoner Review Board, upon written request,
18    shall provide to a victim or any other concerned citizen a
19    recent photograph of any person convicted of a felony, upon
20    his or her release from custody. The Prisoner Review Board,
21    upon written request, shall inform a victim or any other
22    concerned citizen when feasible at least 7 days prior to
23    the prisoner's release on furlough of the times and dates
24    of such furlough. Upon written request by the victim or any
25    other concerned citizen, the State's Attorney shall notify
26    the person once of the times and dates of release of a



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1    prisoner sentenced to periodic imprisonment. Notification
2    shall be based on the most recent information as to
3    victim's or other concerned citizen's residence or other
4    location available to the notifying authority.
5        (2) When the defendant has been committed to the
6    Department of Human Services pursuant to Section 5-2-4 or
7    any other provision of the Unified Code of Corrections, the
8    victim may request to be notified by the releasing
9    authority of the approval by the court of an on-grounds
10    pass, a supervised off-grounds pass, an unsupervised
11    off-grounds pass, or conditional release; the release on an
12    off-grounds pass; the return from an off-grounds pass;
13    transfer to another facility; conditional release; escape;
14    death; or final discharge from State custody. The
15    Department of Human Services shall establish and maintain a
16    statewide telephone number to be used by victims to make
17    notification requests under these provisions and shall
18    publicize this telephone number on its website and to the
19    State's Attorney of each county.
20        (3) In the event of an escape from State custody, the
21    Department of Corrections or the Department of Juvenile
22    Justice immediately shall notify the Prisoner Review Board
23    of the escape and the Prisoner Review Board shall notify
24    the victim. The notification shall be based upon the most
25    recent information as to the victim's residence or other
26    location available to the Board. When no such information



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1    is available, the Board shall make all reasonable efforts
2    to obtain the information and make the notification. When
3    the escapee is apprehended, the Department of Corrections
4    or the Department of Juvenile Justice immediately shall
5    notify the Prisoner Review Board and the Board shall notify
6    the victim.
7        (4) The victim of the crime for which the prisoner has
8    been sentenced has the right to register with the Prisoner
9    Review Board's victim registry. Victims registered with
10    the Board shall receive reasonable written notice not less
11    than 30 days prior to the parole hearing or target
12    aftercare release date. The victim has the right to submit
13    a victim statement for consideration by the Prisoner Review
14    Board or the Department of Juvenile Justice in writing, on
15    film, videotape, or other electronic means, or in the form
16    of a recording prior to the parole hearing or target
17    aftercare release date, or in person at the parole hearing
18    or aftercare release protest hearing, or by calling the
19    toll-free number established in subsection (f) of this
20    Section., The victim shall be notified within 7 days after
21    the prisoner has been granted parole or aftercare release
22    and shall be informed of the right to inspect the registry
23    of parole decisions, established under subsection (g) of
24    Section 3-3-5 of the Unified Code of Corrections. The
25    provisions of this paragraph (4) are subject to the Open
26    Parole Hearings Act. Victim statements provided to the



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1    Board shall be confidential and privileged, including any
2    statements received prior to January 1, 2020 (the effective
3    date of Public Act 101-288) this amendatory Act of the
4    101st General Assembly, except if the statement was an oral
5    statement made by the victim at a hearing open to the
6    public.
7        (4-1) The crime victim has the right to submit a victim
8    statement for consideration by the Prisoner Review Board or
9    the Department of Juvenile Justice prior to or at a hearing
10    to determine the conditions of mandatory supervised
11    release of a person sentenced to a determinate sentence or
12    at a hearing on revocation of mandatory supervised release
13    of a person sentenced to a determinate sentence. A victim
14    statement may be submitted in writing, on film, videotape,
15    or other electronic means, or in the form of a recording,
16    or orally at a hearing, or by calling the toll-free number
17    established in subsection (f) of this Section. Victim
18    statements provided to the Board shall be confidential and
19    privileged, including any statements received prior to
20    January 1, 2020 (the effective date of Public Act 101-288)
21    this amendatory Act of the 101st General Assembly, except
22    if the statement was an oral statement made by the victim
23    at a hearing open to the public.
24        (4-2) The crime victim has the right to submit a victim
25    statement to the Prisoner Review Board for consideration at
26    an executive clemency hearing as provided in Section 3-3-13



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1    of the Unified Code of Corrections. A victim statement may
2    be submitted in writing, on film, videotape, or other
3    electronic means, or in the form of a recording prior to a
4    hearing, or orally at a hearing, or by calling the
5    toll-free number established in subsection (f) of this
6    Section. Victim statements provided to the Board shall be
7    confidential and privileged, including any statements
8    received prior to January 1, 2020 (the effective date of
9    Public Act 101-288) this amendatory Act of the 101st
10    General Assembly, except if the statement was an oral
11    statement made by the victim at a hearing open to the
12    public.
13        (5) If a statement is presented under Section 6, the
14    Prisoner Review Board or Department of Juvenile Justice
15    shall inform the victim of any order of discharge pursuant
16    to Section 3-2.5-85 or 3-3-8 of the Unified Code of
17    Corrections.
18        (6) At the written or oral request of the victim of the
19    crime for which the prisoner was sentenced or the State's
20    Attorney of the county where the person seeking parole or
21    aftercare release was prosecuted, the Prisoner Review
22    Board or Department of Juvenile Justice shall notify the
23    victim and the State's Attorney of the county where the
24    person seeking parole or aftercare release was prosecuted
25    of the death of the prisoner if the prisoner died while on
26    parole or aftercare release or mandatory supervised



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



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1    victim at least 30 days, whenever possible, before release
2    of the sex offender.
3        (9) In a case of domestic violence as defined in
4    Section 112A-3 of the Code of Criminal Procedure of 1963,
5    the warden or other official in charge of a county jail,
6    county department of corrections, municipal house of
7    correction, or municipal lockup, or his or her designee,
8    shall immediately notify the crime victim of the
9    defendant's release from custody.
10    (e) The officials named in this Section may satisfy some or
11all of their obligations to provide notices and other
12information through participation in a statewide victim and
13witness notification system established by the Attorney
14General under Section 8.5 of this Act.
15    (f) The Prisoner Review Board shall establish a toll-free
16number that may be accessed by the crime victim to present a
17victim statement to the Board in accordance with paragraphs
18(4), (4-1), and (4-2) of subsection (d).
19(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
20101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)