Full Text of SB1896 96th General Assembly
SB1896enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Rights of Crime Victims and Witnesses Act is | 5 |
| amended by changing Sections 3 and 4.5 as follows:
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| (725 ILCS 120/3) (from Ch. 38, par. 1403)
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| Sec. 3. The terms used in this Act, unless the context | 8 |
| clearly
requires otherwise, shall have the following meanings:
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| (a) "Crime victim" and "victim" mean means (1) a person | 10 |
| physically injured in this State as a
result of a violent crime | 11 |
| perpetrated or attempted against that person or (2) a
person | 12 |
| who suffers injury to or loss of property as a result of a | 13 |
| violent crime
perpetrated or attempted against that person or | 14 |
| (3) a single
representative who
may be the spouse, parent, | 15 |
| child or sibling of a person killed as a result of a
violent | 16 |
| crime perpetrated against the person killed or the spouse, | 17 |
| parent,
child or sibling of any person granted rights under | 18 |
| this Act who is physically
or mentally incapable of exercising | 19 |
| such rights, except where the spouse,
parent, child or sibling | 20 |
| is also the defendant or prisoner or (4) any person
against | 21 |
| whom a violent crime has been committed or (5) any person
who | 22 |
| has suffered personal injury as a result of a violation of | 23 |
| Section 11-501
of the Illinois Vehicle Code, or of a similar |
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| provision of a local ordinance,
or of Section 9-3 of the | 2 |
| Criminal Code of 1961, as amended or (6) in proceedings under | 3 |
| the Juvenile Court Act of 1987, both parents, legal guardians, | 4 |
| foster parents, or a single adult representative of a minor or | 5 |
| disabled person who is a crime victim.
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| (b) "Witness" means any person who personally observed the | 7 |
| commission of
a violent crime and who will testify on behalf of | 8 |
| the State of Illinois in
the criminal prosecution of the | 9 |
| violent crime.
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| (c) "Violent Crime" means any felony in which force or | 11 |
| threat of force was
used against the victim, or any offense | 12 |
| involving sexual exploitation, sexual
conduct or sexual | 13 |
| penetration, or a violation of Section 11-20.1 or 11-20.3 of | 14 |
| the Criminal Code of 1961, domestic battery, violation of an | 15 |
| order of
protection, stalking, or any misdemeanor which results | 16 |
| in death or great bodily
harm to the victim or any violation of | 17 |
| Section 9-3 of the Criminal Code of
1961, or Section 11-501 of | 18 |
| the Illinois Vehicle
Code, or a similar provision of a local | 19 |
| ordinance, if the violation resulted
in personal injury or | 20 |
| death, and includes any action committed by a juvenile
that | 21 |
| would be a violent crime if committed by an adult. For the | 22 |
| purposes of
this paragraph, "personal injury" shall include any | 23 |
| Type A injury as indicated
on the traffic accident report | 24 |
| completed by a law enforcement officer that
requires immediate | 25 |
| professional attention in either a doctor's office or
medical | 26 |
| facility. A type A injury shall include severely bleeding |
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| wounds,
distorted extremities, and injuries that require the | 2 |
| injured party to be
carried from the scene.
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| (d) "Sentencing Hearing" means any hearing where a sentence | 4 |
| is imposed
by the court on a convicted defendant and includes | 5 |
| hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | 6 |
| and 5-7-7 of the Unified Code of
Corrections except those cases | 7 |
| in which both parties have agreed to the
imposition of a | 8 |
| specific sentence.
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| (e) "Court proceedings" includes the preliminary hearing, | 10 |
| any hearing the
effect of which may be the release of the | 11 |
| defendant from custody or to alter
the conditions of bond, the | 12 |
| trial, sentencing hearing, notice of appeal, any
modification | 13 |
| of sentence, probation revocation hearings or parole hearings.
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| (f) "Concerned citizen"
includes relatives of the victim, | 15 |
| friends of the victim, witnesses to the
crime, or any other | 16 |
| person associated with the victim or prisoner. | 17 |
| (Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08; | 18 |
| 96-292, eff. 1-1-10.)
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| (725 ILCS 120/4.5)
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| Sec. 4.5. Procedures to implement the rights of crime | 21 |
| victims. To afford
crime victims their rights, law enforcement, | 22 |
| prosecutors, judges and
corrections will provide information, | 23 |
| as appropriate of the following
procedures:
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| (a) At the request of the crime victim, law enforcement | 25 |
| authorities
investigating the case shall provide notice of the |
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| status of the investigation,
except where the State's Attorney | 2 |
| determines that disclosure of such
information would | 3 |
| unreasonably interfere with the investigation, until such
time | 4 |
| as the alleged assailant is apprehended or the investigation is | 5 |
| closed.
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| (b) The office of the State's Attorney:
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| (1) shall provide notice of the filing of information, | 8 |
| the return of an
indictment by which a prosecution for any | 9 |
| violent crime is commenced, or the
filing of a petition to | 10 |
| adjudicate a minor as a delinquent for a violent
crime;
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| (2) shall provide notice of the date, time, and place | 12 |
| of trial;
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| (3) or victim advocate personnel shall provide | 14 |
| information of social
services and financial assistance | 15 |
| available for victims of crime, including
information of | 16 |
| how to apply for these services and assistance;
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| (4) shall assist in having any stolen or other personal | 18 |
| property held by
law enforcement authorities for | 19 |
| evidentiary or other purposes returned as
expeditiously as | 20 |
| possible, pursuant to the procedures set out in Section | 21 |
| 115-9
of the Code of Criminal Procedure of 1963;
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| (5) or victim advocate personnel shall provide | 23 |
| appropriate employer
intercession services to ensure that | 24 |
| employers of victims will cooperate with
the criminal | 25 |
| justice system in order to minimize an employee's loss of | 26 |
| pay and
other benefits resulting from court appearances;
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| (6) shall provide information whenever possible, of a | 2 |
| secure waiting
area during court proceedings that does not | 3 |
| require victims to be in close
proximity to defendant or | 4 |
| juveniles accused of a violent crime, and their
families | 5 |
| and friends;
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| (7) shall provide notice to the crime victim of the | 7 |
| right to have a
translator present at all court proceedings | 8 |
| and, in compliance with the federal Americans
with | 9 |
| Disabilities Act of 1990, the right to communications | 10 |
| access through a
sign language interpreter or by other | 11 |
| means;
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| (8) in the case of the death of a person, which death | 13 |
| occurred in the same
transaction or occurrence in which | 14 |
| acts occurred for which a defendant is
charged with an | 15 |
| offense, shall notify the spouse, parent, child or sibling | 16 |
| of
the decedent of the date of the trial of the person or | 17 |
| persons allegedly
responsible for the death;
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| (9) shall inform the victim of the right to have | 19 |
| present at all court
proceedings, subject to the rules of | 20 |
| evidence, an advocate or other support
person of the | 21 |
| victim's choice, and the right to retain an attorney, at | 22 |
| the
victim's own expense, who, upon written notice filed | 23 |
| with the clerk of the
court and State's Attorney, is to | 24 |
| receive copies of all notices, motions and
court orders | 25 |
| filed thereafter in the case, in the same manner as if the | 26 |
| victim
were a named party in the case;
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| (10) at the sentencing hearing shall make a good faith | 2 |
| attempt to explain
the minimum amount of time during which | 3 |
| the defendant may actually be
physically imprisoned. The | 4 |
| Office of the State's Attorney shall further notify
the | 5 |
| crime victim of the right to request from the Prisoner | 6 |
| Review Board
information concerning the release of the | 7 |
| defendant under subparagraph (d)(1)
of this Section;
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| (11) shall request restitution at sentencing and shall | 9 |
| consider
restitution in any plea negotiation, as provided | 10 |
| by law; and
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| (12) shall, upon the court entering a verdict of not | 12 |
| guilty by reason of insanity, inform the victim of the | 13 |
| notification services available from the Department of | 14 |
| Human Services, including the statewide telephone number, | 15 |
| under subparagraph (d)(2) of this Section. | 16 |
| (c) At the written request of the crime victim, the office | 17 |
| of the State's
Attorney shall:
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| (1) provide notice a reasonable time in advance of the | 19 |
| following court
proceedings: preliminary hearing, any | 20 |
| hearing the effect of which may be the
release of defendant | 21 |
| from custody, or to alter the conditions of bond and the
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| sentencing hearing. The crime victim shall also be notified | 23 |
| of the
cancellation of the court proceeding in sufficient | 24 |
| time, wherever possible, to
prevent an unnecessary | 25 |
| appearance in court;
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| (2) provide notice within a reasonable time after |
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| receipt of notice from
the custodian, of the release of the | 2 |
| defendant on bail or personal recognizance
or the release | 3 |
| from detention of a minor who has been detained for a | 4 |
| violent
crime;
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| (3) explain in nontechnical language the details of any | 6 |
| plea or verdict of
a defendant, or any adjudication of a | 7 |
| juvenile as a delinquent for a violent
crime;
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| (4) where practical, consult with the crime victim | 9 |
| before the Office of
the State's Attorney makes an offer of | 10 |
| a plea bargain to the defendant or
enters into negotiations | 11 |
| with the defendant concerning a possible plea
agreement, | 12 |
| and shall consider the written victim impact statement, if | 13 |
| prepared
prior to entering into a plea agreement;
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| (5) provide notice of the ultimate disposition of the | 15 |
| cases arising from
an indictment or an information, or a | 16 |
| petition to have a juvenile adjudicated
as a delinquent for | 17 |
| a violent crime;
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| (6) provide notice of any appeal taken by the defendant | 19 |
| and information
on how to contact the appropriate agency | 20 |
| handling the appeal;
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| (7) provide notice of any request for post-conviction | 22 |
| review filed by the
defendant under Article 122 of the Code | 23 |
| of Criminal Procedure of 1963, and of
the date, time and | 24 |
| place of any hearing concerning the petition. Whenever
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| possible, notice of the hearing shall be given in advance;
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| (8) forward a copy of any statement presented under |
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| Section 6 to the
Prisoner Review Board to be considered by | 2 |
| the Board in making its determination
under subsection (b) | 3 |
| of Section 3-3-8 of the Unified Code of Corrections.
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| (d) (1) The Prisoner Review Board shall inform a victim or | 5 |
| any other
concerned citizen, upon written request, of the | 6 |
| prisoner's release on parole,
mandatory supervised release, | 7 |
| electronic detention, work release, international transfer or | 8 |
| exchange, or by the
custodian of the discharge of any | 9 |
| individual who was adjudicated a delinquent
for a violent crime | 10 |
| from State custody and by the sheriff of the appropriate
county | 11 |
| of any such person's final discharge from county custody.
The | 12 |
| Prisoner Review Board, upon written request, shall provide to a | 13 |
| victim or
any other concerned citizen a recent photograph of | 14 |
| any person convicted of a
felony, upon his or her release from | 15 |
| custody.
The Prisoner
Review Board, upon written request, shall | 16 |
| inform a victim or any other
concerned citizen when feasible at | 17 |
| least 7 days prior to the prisoner's release
on furlough of the | 18 |
| times and dates of such furlough. Upon written request by
the | 19 |
| victim or any other concerned citizen, the State's Attorney | 20 |
| shall notify
the person once of the times and dates of release | 21 |
| of a prisoner sentenced to
periodic imprisonment. Notification | 22 |
| shall be based on the most recent
information as to victim's or | 23 |
| other concerned citizen's residence or other
location | 24 |
| available to the notifying authority.
For purposes of this | 25 |
| paragraph (1) of subsection (d), "concerned citizen"
includes | 26 |
| relatives of the victim, friends of the victim, witnesses to |
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| the
crime, or any other person associated with the victim or | 2 |
| prisoner.
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| (2) When the defendant has been committed to the | 4 |
| Department of
Human Services pursuant to Section 5-2-4 or | 5 |
| any other
provision of the Unified Code of Corrections, the | 6 |
| victim may request to be
notified by the releasing | 7 |
| authority of the defendant's furloughs, temporary release, | 8 |
| or final discharge from State
custody. The Department of | 9 |
| Human Services shall establish and maintain a statewide | 10 |
| telephone number to be used by victims to make notification | 11 |
| requests under these provisions and shall publicize this | 12 |
| telephone number on its website and to the State's Attorney | 13 |
| of each county.
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| (3) In the event of an escape from State custody, the | 15 |
| Department of
Corrections or the Department of Juvenile | 16 |
| Justice immediately shall notify the Prisoner Review Board | 17 |
| of the escape
and the Prisoner Review Board shall notify | 18 |
| the victim. The notification shall
be based upon the most | 19 |
| recent information as to the victim's residence or other
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| location available to the Board. When no such information | 21 |
| is available, the
Board shall make all reasonable efforts | 22 |
| to obtain the information and make
the notification. When | 23 |
| the escapee is apprehended, the Department of
Corrections | 24 |
| or the Department of Juvenile Justice immediately shall | 25 |
| notify the Prisoner Review Board and the Board
shall notify | 26 |
| the victim.
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| (4) The victim of the crime for which the prisoner has | 2 |
| been sentenced
shall receive reasonable written notice not | 3 |
| less than 30 15 days prior to the
parole interview hearing | 4 |
| and may submit, in writing, on film, videotape or other
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| electronic means or in the form of a recording or in person | 6 |
| at the parole
interview hearing
or if a victim of a violent | 7 |
| crime, by calling the
toll-free number established in | 8 |
| subsection (f) of this Section, information
for
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| consideration by the Prisoner Review Board. The
victim | 10 |
| shall be notified within 7 days after the prisoner has been | 11 |
| granted
parole and shall be informed of the right to | 12 |
| inspect the registry of parole
decisions, established | 13 |
| under subsection (g) of Section 3-3-5 of the Unified
Code | 14 |
| of Corrections. The provisions of this paragraph (4) are | 15 |
| subject to the
Open Parole Hearings Act.
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| (5) If a statement is presented under Section 6, the | 17 |
| Prisoner Review Board
shall inform the victim of any order | 18 |
| of discharge entered by the Board pursuant
to Section 3-3-8 | 19 |
| of the Unified Code of Corrections.
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| (6) At the written request of the victim of the crime | 21 |
| for which the
prisoner was sentenced or the State's | 22 |
| Attorney of the county where the person seeking parole was | 23 |
| prosecuted , the Prisoner Review Board shall notify the | 24 |
| victim and the State's Attorney of the county where the | 25 |
| person seeking parole was prosecuted of
the death of the | 26 |
| prisoner if the prisoner died while on parole or mandatory
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| supervised release.
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| (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 from State custody, the | 9 |
| releasing
authority shall provide to the Department of | 10 |
| Human Services such information
that would allow the | 11 |
| Department of Human Services to contact the victim.
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| (8) When a defendant has been convicted of a sex | 13 |
| offense as defined in Section 2 of the Sex Offender | 14 |
| Registration Act and has been sentenced to the Department | 15 |
| of Corrections or the Department of Juvenile Justice, the | 16 |
| Prisoner Review Board shall notify the victim of the sex | 17 |
| offense of the prisoner's eligibility for release on | 18 |
| parole,
mandatory supervised release, electronic | 19 |
| detention, work release, international transfer or | 20 |
| exchange, or by the
custodian of the discharge of any | 21 |
| individual who was adjudicated a delinquent
for a sex | 22 |
| offense from State custody and by the sheriff of the | 23 |
| appropriate
county of any such person's final discharge | 24 |
| from county custody. The notification shall be made to the | 25 |
| victim at least 30 days, whenever possible, before release | 26 |
| of the sex offender. |
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| (e) The officials named in this Section may satisfy some or | 2 |
| all of their
obligations to provide notices and other | 3 |
| information through participation in a
statewide victim and | 4 |
| witness notification system established by the Attorney
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| General under Section 8.5 of this Act.
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| (f) To permit a victim of a violent crime to provide | 7 |
| information to the
Prisoner Review Board for consideration by | 8 |
| the
Board at a parole hearing of a person who committed the | 9 |
| crime against
the victim in accordance with clause (d)(4) of | 10 |
| this Section or at a proceeding
to determine the conditions of | 11 |
| mandatory supervised release of a person
sentenced to a | 12 |
| determinate sentence or at a hearing on revocation of mandatory
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| supervised release of a person sentenced to a determinate | 14 |
| sentence, the Board
shall establish a toll-free number that may | 15 |
| be accessed by the victim of
a violent crime to present that | 16 |
| information to the Board.
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| (Source: P.A. 95-317, eff. 8-21-07; 95-896, eff. 1-1-09; | 18 |
| 95-897, eff. 1-1-09; 95-904, eff. 1-1-09; 96-328, eff. | 19 |
| 8-11-09.)
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| Section 10. The Unified Code of Corrections is amended by | 21 |
| changing Sections 3-3-2, 3-3-4, and 3-3-5 as follows:
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| (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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| Sec. 3-3-2. Powers and Duties.
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| (a) The Parole and Pardon Board is abolished and the term |
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| "Parole and
Pardon Board" as used in any law of Illinois, shall | 2 |
| read "Prisoner Review
Board." After the effective date of this | 3 |
| amendatory Act of 1977, the
Prisoner Review Board shall provide | 4 |
| by rule for the orderly transition of
all files, records, and | 5 |
| documents of the Parole and Pardon Board and for
such other | 6 |
| steps as may be necessary to effect an orderly transition and | 7 |
| shall:
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| (1) hear by at least one member and through a panel of | 9 |
| at least 3 members
decide, cases of prisoners
who were | 10 |
| sentenced under the law in effect prior to the effective
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| date of this amendatory Act of 1977, and who are eligible | 12 |
| for parole;
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| (2) hear by at least one member and through a panel of | 14 |
| at least 3 members decide, the conditions of
parole and the | 15 |
| time of discharge from parole, impose sanctions for
| 16 |
| violations of parole, and revoke
parole for those sentenced | 17 |
| under the law in effect prior to this amendatory
Act of | 18 |
| 1977; provided that the decision to parole and the | 19 |
| conditions of
parole for all prisoners who were sentenced | 20 |
| for first degree murder or who
received a minimum sentence | 21 |
| of 20 years or more under the law in effect
prior to | 22 |
| February 1, 1978 shall be determined by a majority vote of | 23 |
| the
Prisoner Review Board . One representative supporting | 24 |
| parole and one representative opposing parole will be | 25 |
| allowed to speak. Their comments shall be limited to making | 26 |
| corrections and filling in omissions to the Board's |
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| presentation and discussion ;
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| (3) hear by at least one member and through a panel of | 3 |
| at least 3 members decide, the conditions
of mandatory | 4 |
| supervised release and the time of discharge from mandatory
| 5 |
| supervised release, impose sanctions for violations of | 6 |
| mandatory
supervised release, and revoke mandatory | 7 |
| supervised release for those
sentenced under the law in | 8 |
| effect after the effective date of this
amendatory Act of | 9 |
| 1977;
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| (3.5) hear by at least one member and through a panel | 11 |
| of at least 3 members decide, the conditions of mandatory | 12 |
| supervised release and the time of discharge from mandatory | 13 |
| supervised release, to impose sanctions for violations of | 14 |
| mandatory supervised release and revoke mandatory | 15 |
| supervised release for those serving extended supervised | 16 |
| release terms pursuant to paragraph (4) of subsection (d) | 17 |
| of Section 5-8-1;
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| (4) hear by at least 1 member and through a panel of at | 19 |
| least 3
members,
decide cases brought by the Department of | 20 |
| Corrections against a prisoner in
the custody of the | 21 |
| Department for alleged violation of Department rules
with | 22 |
| respect to good conduct credits pursuant to Section 3-6-3 | 23 |
| of this Code
in which the Department seeks to revoke good | 24 |
| conduct credits, if the amount
of time at issue exceeds 30 | 25 |
| days or when, during any 12 month period, the
cumulative | 26 |
| amount of credit revoked exceeds 30 days except where the
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| infraction is committed or discovered within 60 days of | 2 |
| scheduled release.
In such cases, the Department of | 3 |
| Corrections may revoke up to 30 days of
good conduct | 4 |
| credit. The Board may subsequently approve the revocation | 5 |
| of
additional good conduct credit, if the Department seeks | 6 |
| to revoke good
conduct credit in excess of thirty days. | 7 |
| However, the Board shall not be
empowered to review the | 8 |
| Department's decision with respect to the loss of
30 days | 9 |
| of good conduct credit for any prisoner or to increase any | 10 |
| penalty
beyond the length requested by the Department;
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| (5) hear by at least one member and through a panel of | 12 |
| at least 3
members decide, the
release dates for certain | 13 |
| prisoners sentenced under the law in existence
prior to the | 14 |
| effective date of this amendatory Act of 1977, in
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| accordance with Section 3-3-2.1 of this Code;
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| (6) hear by at least one member and through a panel of | 17 |
| at least 3 members
decide, all requests for pardon, | 18 |
| reprieve or commutation, and make confidential
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| recommendations to the Governor;
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| (7) comply with the requirements of the Open Parole | 21 |
| Hearings Act;
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| (8) hear by at least one member and, through a panel of | 23 |
| at least 3
members, decide cases brought by the Department | 24 |
| of Corrections against a
prisoner in the custody of the | 25 |
| Department for court dismissal of a frivolous
lawsuit | 26 |
| pursuant to Section 3-6-3(d) of this Code in which the |
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| Department seeks
to revoke up to 180 days of good conduct | 2 |
| credit, and if the prisoner has not
accumulated 180 days of | 3 |
| good conduct credit at the time of the dismissal, then
all | 4 |
| good conduct credit accumulated by the prisoner shall be | 5 |
| revoked;
and
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| (9) hear by at least 3 members, and, through a panel of | 7 |
| at least 3
members, decide whether to grant certificates of | 8 |
| relief from
disabilities or certificates of good conduct as | 9 |
| provided in Article 5.5 of
Chapter V.
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| (a-5) The Prisoner Review Board, with the cooperation of | 11 |
| and in
coordination with the Department of Corrections and the | 12 |
| Department of Central
Management Services, shall implement a | 13 |
| pilot project in 3 correctional
institutions providing for the | 14 |
| conduct of hearings under paragraphs (1) and
(4)
of subsection | 15 |
| (a) of this Section through interactive video conferences.
The
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| project shall be implemented within 6 months after the | 17 |
| effective date of this
amendatory Act of 1996. Within 6 months | 18 |
| after the implementation of the pilot
project, the Prisoner | 19 |
| Review Board, with the cooperation of and in coordination
with | 20 |
| the Department of Corrections and the Department of Central | 21 |
| Management
Services, shall report to the Governor and the | 22 |
| General Assembly regarding the
use, costs, effectiveness, and | 23 |
| future viability of interactive video
conferences for Prisoner | 24 |
| Review Board hearings.
| 25 |
| (b) Upon recommendation of the Department the Board may | 26 |
| restore good
conduct credit previously revoked.
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| 1 |
| (c) The Board shall cooperate with the Department in | 2 |
| promoting an
effective system of parole and mandatory | 3 |
| supervised release.
| 4 |
| (d) The Board shall promulgate rules for the conduct of its | 5 |
| work,
and the Chairman shall file a copy of such rules and any | 6 |
| amendments
thereto with the Director and with the Secretary of | 7 |
| State.
| 8 |
| (e) The Board shall keep records of all of its official | 9 |
| actions and
shall make them accessible in accordance with law | 10 |
| and the rules of the
Board.
| 11 |
| (f) The Board or one who has allegedly violated the | 12 |
| conditions of
his parole or mandatory supervised release may | 13 |
| require by subpoena the
attendance and testimony of witnesses | 14 |
| and the production of documentary
evidence relating to any | 15 |
| matter under investigation or hearing. The
Chairman of the | 16 |
| Board may sign subpoenas which shall be served by any
agent or | 17 |
| public official authorized by the Chairman of the Board, or by
| 18 |
| any person lawfully authorized to serve a subpoena under the | 19 |
| laws of the
State of Illinois. The attendance of witnesses, and | 20 |
| the production of
documentary evidence, may be required from | 21 |
| any place in the State to a
hearing location in the State | 22 |
| before the Chairman of the Board or his
designated agent or | 23 |
| agents or any duly constituted Committee or
Subcommittee of the | 24 |
| Board. Witnesses so summoned shall be paid the same
fees and | 25 |
| mileage that are paid witnesses in the circuit courts of the
| 26 |
| State, and witnesses whose depositions are taken and the |
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| persons taking
those depositions are each entitled to the same | 2 |
| fees as are paid for
like services in actions in the circuit | 3 |
| courts of the State. Fees and
mileage shall be vouchered for | 4 |
| payment when the witness is discharged
from further attendance.
| 5 |
| In case of disobedience to a subpoena, the Board may | 6 |
| petition any
circuit court of the State for an order requiring | 7 |
| the attendance and
testimony of witnesses or the production of | 8 |
| documentary evidence or
both. A copy of such petition shall be | 9 |
| served by personal service or by
registered or certified mail | 10 |
| upon the person who has failed to obey the
subpoena, and such | 11 |
| person shall be advised in writing that a hearing
upon the | 12 |
| petition will be requested in a court room to be designated in
| 13 |
| such notice before the judge hearing motions or extraordinary | 14 |
| remedies
at a specified time, on a specified date, not less | 15 |
| than 10 nor more than
15 days after the deposit of the copy of | 16 |
| the written notice and petition
in the U.S. mails addressed to | 17 |
| the person at his last known address or
after the personal | 18 |
| service of the copy of the notice and petition upon
such | 19 |
| person. The court upon the filing of such a petition, may order | 20 |
| the
person refusing to obey the subpoena to appear at an | 21 |
| investigation or
hearing, or to there produce documentary | 22 |
| evidence, if so ordered, or to
give evidence relative to the | 23 |
| subject matter of that investigation or
hearing. Any failure to | 24 |
| obey such order of the circuit court may be
punished by that | 25 |
| court as a contempt of court.
| 26 |
| Each member of the Board and any hearing officer designated |
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SB1896 Enrolled |
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| by the
Board shall have the power to administer oaths and to | 2 |
| take the testimony
of persons under oath.
| 3 |
| (g) Except under subsection (a) of this Section, a majority | 4 |
| of the
members then appointed to the Prisoner Review Board | 5 |
| shall constitute a
quorum for the transaction of all business | 6 |
| of the Board.
| 7 |
| (h) The Prisoner Review Board shall annually transmit to | 8 |
| the
Director a detailed report of its work for the preceding | 9 |
| calendar year.
The annual report shall also be transmitted to | 10 |
| the Governor for
submission to the Legislature.
| 11 |
| (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
| 12 |
| (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 13 |
| Sec. 3-3-4. Preparation for Parole Hearing.
| 14 |
| (a) The Prisoner Review Board shall consider the parole
of | 15 |
| each eligible person committed to the Adult Division at
least | 16 |
| 30 days prior to the date he shall first become
eligible for | 17 |
| parole, and shall consider the parole of each
person committed | 18 |
| to the Department of Juvenile Justice as a delinquent
at least | 19 |
| 30 days prior to the expiration of the first year
of | 20 |
| confinement.
| 21 |
| (b) A person eligible for parole shall, no less than 15 | 22 |
| days in advance of
his parole interview hearing , prepare a | 23 |
| parole plan in accordance
with the rules of the Prisoner Review | 24 |
| Board. The person
shall be assisted in preparing his parole | 25 |
| plan by personnel
of the Department of Corrections, or the |
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| Department of Juvenile Justice in the case of a person | 2 |
| committed to that Department, and may, for this purpose, be | 3 |
| released
on furlough under Article 11 or on authorized absence | 4 |
| under
Section 3-9-4. The appropriate Department shall also | 5 |
| provide
assistance in obtaining information and records | 6 |
| helpful to
the individual for his parole hearing. If the person | 7 |
| eligible for parole has a petition or any written submissions | 8 |
| prepared on his or her behalf by an attorney or other | 9 |
| representative, the attorney or representative for the person | 10 |
| eligible for parole must serve by certified mail the State's | 11 |
| Attorney of the county where he or she was prosecuted with the | 12 |
| petition or any written submissions 15 days after his or her | 13 |
| parole interview. The State's Attorney shall provide the | 14 |
| attorney for the person eligible for parole with a copy of his | 15 |
| or her letter in opposition to parole via certified mail within | 16 |
| 5 business days of the en banc hearing.
| 17 |
| (c) Any member The members of the Board shall have access | 18 |
| at all
reasonable times to any committed person and to his | 19 |
| master
record file within the Department, and the Department | 20 |
| shall
furnish such a report reports to the Board as the Board | 21 |
| may require
concerning the conduct and character of any such | 22 |
| person prior to his or her parole interview .
| 23 |
| (d) In making its determination of parole, the Board
shall | 24 |
| consider:
| 25 |
| (1) material transmitted to the Department of Juvenile | 26 |
| Justice by the
clerk of the committing court under Section |
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SB1896 Enrolled |
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LRB096 10791 RLC 21000 b |
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| 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | 2 |
| 5-750 of the Juvenile
Court Act of 1987;
| 3 |
| (2) the report under Section 3-8-2 or 3-10-2;
| 4 |
| (3) a report by the Department and any report by the
| 5 |
| chief administrative officer of the institution or | 6 |
| facility;
| 7 |
| (4) a parole progress report;
| 8 |
| (5) a medical and psychological report, if requested
by | 9 |
| the Board;
| 10 |
| (6) material in writing, or on film, video tape or | 11 |
| other electronic
means in the form of a recording submitted | 12 |
| by the person whose parole
is being considered; and
| 13 |
| (7) material in writing, or on film, video tape or | 14 |
| other electronic
means in the form of a recording or | 15 |
| testimony submitted by the State's
Attorney and the victim | 16 |
| or a concerned citizen pursuant to the Rights of Crime | 17 |
| Victims and Witnesses Act.
| 18 |
| (e) The prosecuting State's Attorney's office shall | 19 |
| receive from the Board reasonable
written notice not less than | 20 |
| 30 15 days prior to the parole interview hearing and may
submit | 21 |
| relevant information by oral argument or testimony of victims | 22 |
| and concerned citizens, or both, in writing, or on film, video | 23 |
| tape or other
electronic means or in the form of a recording to | 24 |
| the Board for its
consideration. Upon written request of the | 25 |
| State's Attorney's office, the Prisoner Review Board shall hear | 26 |
| protests to parole, except in counties of 1,500,000 or more |
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| 1 |
| inhabitants where there shall be standing objections to all | 2 |
| such petitions. If a State's Attorney who represents a county | 3 |
| of less than 1,500,000 inhabitants requests a protest hearing, | 4 |
| the inmate's counsel or other representative shall also receive | 5 |
| notice of such request.
This hearing shall take place the month | 6 |
| following the inmate's parole interview. If the inmate's parole | 7 |
| interview is rescheduled then the Prisoner Review Board shall | 8 |
| promptly notify the State's Attorney of the new date. The | 9 |
| person eligible for parole shall be heard at the next scheduled | 10 |
| en banc hearing date. If the case is to be continued, the | 11 |
| State's Attorney's office and the attorney or representative | 12 |
| for the person eligible for parole will be notified of any | 13 |
| continuance within 5 business days. The State's Attorney may | 14 |
| waive the written notice.
| 15 |
| (f) The victim of the violent crime for which the prisoner | 16 |
| has been
sentenced shall receive notice of a parole hearing as | 17 |
| provided in paragraph
(4) of subsection (d) of Section 4.5 of | 18 |
| the Rights of Crime Victims and Witnesses
Act.
| 19 |
| (g) Any recording considered under the provisions of | 20 |
| subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 21 |
| the form designated by the Board.
Such recording shall be both | 22 |
| visual and aural. Every voice on the
recording and person | 23 |
| present shall be identified and the recording shall
contain | 24 |
| either a visual or aural statement of the person submitting | 25 |
| such
recording, the date of the recording and the name of the | 26 |
| person whose
parole eligibility is being considered. Such |
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| 1 |
| recordings shall be , if retained by
the Board and shall be | 2 |
| deemed to be submitted at any subsequent parole hearing
if the | 3 |
| victim or State's Attorney submits in writing a declaration | 4 |
| clearly
identifying such recording as representing the present | 5 |
| position of the
victim or State's Attorney regarding the issues | 6 |
| to be considered at the parole
hearing.
| 7 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 8 |
| (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 9 |
| Sec. 3-3-5. Hearing and Determination.
| 10 |
| (a) The Prisoner
Review Board shall meet as often as need | 11 |
| requires to consider
the cases of persons eligible for parole. | 12 |
| Except as otherwise
provided in paragraph (2) of subsection (a) | 13 |
| of Section 3-3-2
of this Act, the Prisoner Review Board may | 14 |
| meet and
order its actions in panels of 3 or more members. The | 15 |
| action
of a majority of the panel shall be the action of the | 16 |
| Board.
In consideration of persons committed to the Department | 17 |
| of Juvenile Justice,
the panel shall have at least a majority | 18 |
| of members experienced
in juvenile matters.
| 19 |
| (b) If the person under consideration for parole is in the
| 20 |
| custody of the Department, at least one member of the Board
| 21 |
| shall interview him, and a report of that interview shall be
| 22 |
| available for the Board's consideration. However, in the
| 23 |
| discretion of the Board, the interview need not be conducted
if | 24 |
| a psychiatric examination determines that the person could
not | 25 |
| meaningfully contribute to the Board's consideration. The
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| 1 |
| Board may in its discretion parole a person who is then outside
| 2 |
| the jurisdiction on his record without an interview. The Board
| 3 |
| need not hold a hearing or interview a person who is paroled
| 4 |
| under paragraphs (d) or (e) of this Section or released on
| 5 |
| Mandatory release under Section 3-3-10.
| 6 |
| (c) The Board shall not parole a person eligible for
parole | 7 |
| if it determines that:
| 8 |
| (1) there is a substantial risk that he will not
| 9 |
| conform to reasonable conditions of parole; or
| 10 |
| (2) his release at that time would deprecate the
| 11 |
| seriousness of his offense or promote disrespect for the | 12 |
| law; or
| 13 |
| (3) his release would have a substantially adverse
| 14 |
| effect on institutional discipline.
| 15 |
| (d) A person committed under the Juvenile Court Act
or the | 16 |
| Juvenile Court Act of 1987
who has not been sooner released | 17 |
| shall be paroled on or before
his 20th birthday to begin | 18 |
| serving a period of parole under
Section 3-3-8.
| 19 |
| (e) A person who has served the maximum term of
| 20 |
| imprisonment imposed at the time of sentencing less time
credit | 21 |
| for good behavior shall be released on parole to
serve a period | 22 |
| of parole under Section 5-8-1.
| 23 |
| (f) The Board shall render its decision within a
reasonable | 24 |
| time after hearing and shall state the basis
therefor both in | 25 |
| the records of the Board and in written
notice to the person on | 26 |
| whose application it has acted.
In its decision, the Board |
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| 1 |
| shall set the person's time
for parole, or if it denies parole | 2 |
| it shall provide for
a rehearing not less frequently than once | 3 |
| every
year, except that the Board may,
after denying parole,
| 4 |
| schedule a rehearing no later than 3 years from the date of the | 5 |
| parole
denial, if the Board finds that it is not reasonable to | 6 |
| expect that parole
would be granted at a hearing prior to the | 7 |
| scheduled rehearing date. If the
Board shall parole a person, | 8 |
| and, if he is not released within 90 days from
the effective | 9 |
| date of the order granting parole, the matter shall be
returned | 10 |
| to the Board for review.
| 11 |
| (g) The Board shall maintain a registry of decisions in | 12 |
| which parole
has been granted, which shall include the name and | 13 |
| case number of the
prisoner, the highest charge for which the | 14 |
| prisoner was sentenced, the
length of sentence imposed, the | 15 |
| date of the sentence, the date of the
parole, and the basis for | 16 |
| the decision of the Board to grant parole and the
vote of the | 17 |
| Board on any such decisions. The registry shall be made | 18 |
| available
for public inspection and copying during business | 19 |
| hours and shall be a public
record pursuant to the provisions | 20 |
| of the Freedom of Information Act.
| 21 |
| (h) The Board shall promulgate rules regarding the exercise
| 22 |
| of its discretion under this Section.
| 23 |
| (Source: P.A. 94-696, eff. 6-1-06 .)
| 24 |
| Section 95. No acceleration or delay. Where this Act makes | 25 |
| changes in a statute that is represented in this Act by text |
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SB1896 Enrolled |
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LRB096 10791 RLC 21000 b |
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| 1 |
| that is not yet or no longer in effect (for example, a Section | 2 |
| represented by multiple versions), the use of that text does | 3 |
| not accelerate or delay the taking effect of (i) the changes | 4 |
| made by this Act or (ii) provisions derived from any other | 5 |
| Public Act. | 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law. |
|