Public Act 93-0235

HB1359 Enrolled                      LRB093 08744 RLC 08974 b

    AN ACT in relation to crime victims.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Rights of Crime Victims and Witnesses Act
is amended by changing Section 4.5 as follows:

    (725 ILCS 120/4.5)
    Sec.  4.5.  Procedures  to  implement the rights of crime
victims.   To  afford  crime  victims   their   rights,   law
enforcement, prosecutors, judges and corrections will provide
information, as appropriate of the following procedures:
    (a)  At  the request of the crime victim, law enforcement
authorities investigating the case shall  provide  notice  of
the  status  of  the  investigation, except where the State's
Attorney determines that disclosure of such information would
unreasonably interfere with  the  investigation,  until  such
time   as   the  alleged  assailant  is  apprehended  or  the
investigation is closed.
    (b)  The office of the State's Attorney:
         (1)  shall  provide  notice   of   the   filing   of
    information,  the  return  of  an  indictment  by which a
    prosecution for any violent crime is  commenced,  or  the
    filing   of  a  petition  to  adjudicate  a  minor  as  a
    delinquent for a violent crime;
         (2)  shall provide notice of  the  date,  time,  and
    place of trial;
         (3)  or  victim  advocate  personnel  shall  provide
    information  of  social services and financial assistance
    available for victims of crime, including information  of
    how to apply for these services and assistance;
         (4)  shall  assist  in  having  any  stolen or other
    personal property held by law enforcement authorities for
    evidentiary or other purposes returned  as  expeditiously
    as  possible,  pursuant  to  the  procedures  set  out in
    Section 115-9 of the Code of Criminal Procedure of 1963;
         (5)  or  victim  advocate  personnel  shall  provide
    appropriate employer intercession services to ensure that
    employers of victims will  cooperate  with  the  criminal
    justice system in order to minimize an employee's loss of
    pay and other benefits resulting from court appearances;
         (6)  shall provide information whenever possible, of
    a  secure waiting area during court proceedings that does
    not require victims to be in close proximity to defendant
    or juveniles  accused  of  a  violent  crime,  and  their
    families and friends;
         (7)  shall provide notice to the crime victim of the
    right   to   have  a  translator  present  at  all  court
    proceedings;
         (8)  in the case of the death  of  a  person,  which
    death  occurred  in the same transaction or occurrence in
    which acts occurred for which a defendant is charged with
    an offense, shall notify the  spouse,  parent,  child  or
    sibling  of  the decedent of the date of the trial of the
    person or persons allegedly responsible for the death;
         (9)  shall inform the victim of the  right  to  have
    present at all court proceedings, subject to the rules of
    evidence,  an  advocate  or  other  support person of the
    victim's choice, and the right to retain an attorney,  at
    the  victim's own expense, who, upon written notice filed
    with the clerk of the court and State's Attorney,  is  to
    receive  copies  of all notices, motions and court orders
    filed thereafter in the case, in the same  manner  as  if
    the victim were a named party in the case; and
         (10)  at  the  sentencing  hearing shall make a good
    faith attempt to  explain  the  minimum  amount  of  time
    during  which  the  defendant  may actually be physically
    imprisoned.  The Office of  the  State's  Attorney  shall
    further  notify  the crime victim of the right to request
    from the Prisoner Review Board information concerning the
    release of the defendant  under  subparagraph  (d)(1)  of
    this Section; and
         (11)  shall  request  restitution  at sentencing and
    shall consider restitution in any  plea  negotiation,  as
    provided by law.
    (c)  At  the  written  request  of  the crime victim, the
office of the State's Attorney shall:
         (1)  provide notice a reasonable time in advance  of
    the following court proceedings: preliminary hearing, any
    hearing  the  effect  of  which  may  be  the  release of
    defendant from custody, or to  alter  the  conditions  of
    bond  and the sentencing hearing.  The crime victim shall
    also  be  notified  of  the  cancellation  of  the  court
    proceeding in  sufficient  time,  wherever  possible,  to
    prevent an unnecessary appearance in court;
         (2)  provide  notice  within a reasonable time after
    receipt of notice from the custodian, of the  release  of
    the  defendant  on  bail  or personal recognizance or the
    release from detention of a minor who has  been  detained
    for a violent crime;
         (3)  explain in nontechnical language the details of
    any  plea  or verdict of a defendant, or any adjudication
    of a juvenile as a delinquent for a violent crime;
         (4)  where practical, consult with the crime  victim
    before  the Office of the State's Attorney makes an offer
    of a  plea  bargain  to  the  defendant  or  enters  into
    negotiations  with  the  defendant  concerning a possible
    plea agreement, and shall  consider  the  written  victim
    impact  statement,  if  prepared prior to entering into a
    plea agreement;
         (5)  provide notice of the ultimate  disposition  of
    the  cases  arising from an indictment or an information,
    or a  petition  to  have  a  juvenile  adjudicated  as  a
    delinquent for a violent crime;
         (6)  provide  notice  of  any  appeal  taken  by the
    defendant  and  information  on  how   to   contact   the
    appropriate agency handling the appeal;
         (7)  provide    notice    of    any    request   for
    post-conviction  review  filed  by  the  defendant  under
    Article 122 of the Code of Criminal  Procedure  of  1963,
    and of the date, time and place of any hearing concerning
    the  petition.   Whenever possible, notice of the hearing
    shall be given in advance;
         (8)  forward a copy of any statement presented under
    Section 6 to the Prisoner Review Board to  be  considered
    by the Board in making its determination under subsection
    (b) of Section 3-3-8 of the Unified Code of Corrections.
    (d) (1)  The  Prisoner Review Board shall inform a victim
    or any other concerned citizen, upon written request,  of
    the  prisoner's  release  on parole, mandatory supervised
    release, electronic detention, work  release  or  by  the
    custodian  of  the  discharge  of  any individual who was
    adjudicated a delinquent for a violent crime  from  State
    custody  and  by the sheriff of the appropriate county of
    any such person's final discharge  from  county  custody.
    The  Prisoner  Review  Board, upon written request, shall
    provide to a victim or  any  other  concerned  citizen  a
    recent  photograph  of  any person convicted of a felony,
    upon his or her release from custody. The Prisoner Review
    Board, upon written request, shall inform a victim or any
    other concerned citizen when feasible  at  least  7  days
    prior  to the prisoner's release on furlough of the times
    and dates of such furlough.  Upon written request by  the
    victim  or  any  other  concerned  citizen,  the  State's
    Attorney  shall  notify  the person once of the times and
    dates of release of  a  prisoner  sentenced  to  periodic
    imprisonment.   Notification  shall  be based on the most
    recent information as  to  victim's  or  other  concerned
    citizen's  residence  or  other location available to the
    notifying authority. For purposes of this  paragraph  (1)
    of subsection (d), "concerned citizen" includes relatives
    of  the  victim,  friends of the victim, witnesses to the
    crime, or any other person associated with the victim  or
    prisoner.
         (2)  When  the  defendant  has been committed to the
    Department of Human Services pursuant to Section 5-2-4 or
    any other provision of the Unified Code  of  Corrections,
    the  victim  may  request to be notified by the releasing
    authority  of  the  defendant's  discharge   from   State
    custody.
         (3)  In  the  event of an escape from State custody,
    the Department of Corrections  immediately  shall  notify
    the  Prisoner Review Board of the escape and the Prisoner
    Review Board shall notify the victim.   The  notification
    shall be based upon the most recent information as to the
    victim's  residence  or  other  location available to the
    Board.  When no such information is available, the  Board
    shall   make   all   reasonable  efforts  to  obtain  the
    information and make the notification.  When the  escapee
    is apprehended, the Department of Corrections immediately
    shall  notify  the  Prisoner  Review  Board and the Board
    shall notify the victim.
         (4)  The victim of the crime for which the  prisoner
    has  been  sentenced  shall  receive  reasonable  written
    notice  not less than 15 days prior to the parole hearing
    and may submit, in writing, on film, videotape  or  other
    electronic  means  or  in  the  form of a recording or in
    person at the parole hearing or if a victim of a  violent
    crime,  by  calling  the  toll-free number established in
    subsection  (f)  of   this   Section,   information   for
    consideration  by  the Prisoner Review Board.  The victim
    shall be notified within 7 days after  the  prisoner  has
    been granted parole and shall be informed of the right to
    inspect  the  registry  of  parole decisions, established
    under subsection (g) of Section 3-3-5 of the Unified Code
    of Corrections.  The provisions of this paragraph (4) are
    subject to the Open Parole Hearings Act.
         (5)  If a statement is presented  under  Section  6,
    the  Prisoner Review Board shall inform the victim of any
    order of discharge  entered  by  the  Board  pursuant  to
    Section 3-3-8 of the Unified Code of Corrections.
         (6)  At  the  written  request  of the victim of the
    crime for which the prisoner was sentenced, the  Prisoner
    Review  Board shall notify the victim of the death of the
    prisoner  if  the  prisoner  died  while  on  parole   or
    mandatory supervised release.
         (7)  When  a defendant who has been committed to the
    Department of Corrections  or  the  Department  of  Human
    Services  is  released  or  discharged  and  subsequently
    committed  to  the  Department  of  Human  Services  as a
    sexually violent person and the victim had  requested  to
    be notified by the releasing authority of the defendant's
    discharge  from  State  custody,  the releasing authority
    shall provide to the Department of  Human  Services  such
    information  that  would  allow  the  Department of Human
    Services to contact the victim.
    (e)  The officials named in this Section may satisfy some
or all of their obligations  to  provide  notices  and  other
information  through  participation in a statewide victim and
witness  notification  system  established  by  the  Attorney
General under Section 8.5 of this Act.
    (f)  To permit a victim of a  violent  crime  to  provide
information to the Prisoner Review Board for consideration by
the  Board  at a parole hearing of a person who committed the
crime against the victim in accordance with clause (d)(4)  of
this  Section  or at a proceeding to determine the conditions
of mandatory supervised release of a person  sentenced  to  a
determinate  sentence  or  at  a  hearing  on  revocation  of
mandatory  supervised  release  of  a  person  sentenced to a
determinate sentence, the Board shall establish  a  toll-free
number  that may be accessed by the victim of a violent crime
to present that information to the Board.
(Source: P.A.  90-14,  eff.  7-1-97;  90-793,  eff.  8-14-98;
91-237, eff. 1-1-00; 91-693, eff. 4-13-00.)

    Section  10.   The Open Parole Hearings Act is amended by
changing Section 25 as follows:

    (730 ILCS 105/25) (from Ch. 38, par. 1675)
    Sec. 25.  Notification of future parole hearings.
    (a)  The Board shall notify the State's Attorney  of  the
committing  county  of  the pending hearing and the victim of
all forthcoming parole hearings at least 15 days in  advance.
Written notification shall contain:
         (1)  notification of the place of the hearing;
         (2)  the date and approximate time of the hearing;
         (3)  their  right to enter a statement, to appear in
    person, and to submit other information  by  video  tape,
    tape recording, or other electronic means in the form and
    manner described by the Board or if a victim of a violent
    crime  as  defined  in subsection (c) of Section 3 of the
    Rights of Crime Victims and Witnesses Act, by calling the
    toll-free number established in subsection  (f)  of  that
    Section.
    Notification  to  the  victims shall be at the last known
address of the victim. It shall be the responsibility of  the
victim  to  notify  the  board  of any changes in address and
name.
    (b)  However, at any time the victim  may  request  by  a
written  certified  statement  that the Prisoner Review Board
stop sending notice under this Section.
    (c)  (Blank).
    (d)  No later than 7 days  after  a  parole  hearing  the
Board  shall  send  notice  of  its  decision  to the State's
Attorney and victim.  If parole is denied,  the  Board  shall
within  a  reasonable period of time notify the victim of the
month and year of the next scheduled hearing.
(Source: P.A. 87-224; revised 1-20-03.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.