Full Text of HB0681 103rd General Assembly
HB0681sam001 103RD GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/23/2024 | | 10300HB0681sam001 | | LRB103 04272 RLC 73908 a |
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| 1 | | AMENDMENT TO HOUSE BILL 681
| 2 | | AMENDMENT NO. ______. Amend House Bill 681 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Rights of Crime Victims and Witnesses Act | 5 | | is amended by changing Section 4.5 as follows: | 6 | | (725 ILCS 120/4.5) | 7 | | Sec. 4.5. Procedures to implement the rights of crime | 8 | | victims. To afford crime victims their rights, law | 9 | | enforcement, prosecutors, judges, and corrections will provide | 10 | | information, as appropriate, of the following procedures: | 11 | | (a) At the request of the crime victim, law enforcement | 12 | | authorities investigating the case shall provide notice of the | 13 | | status of the investigation, except where the State's Attorney | 14 | | determines that disclosure of such information would | 15 | | unreasonably interfere with the investigation, until such time | 16 | | as the alleged assailant is apprehended or the investigation |
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| 1 | | is closed. | 2 | | (a-5) When law enforcement authorities reopen a closed | 3 | | case to resume investigating, they shall provide notice of the | 4 | | reopening of the case, except where the State's Attorney | 5 | | determines that disclosure of such information would | 6 | | unreasonably interfere with the investigation. | 7 | | (a-6) The Prisoner Review Board shall publish on its | 8 | | official public website and provide to registered victims | 9 | | information regarding how to submit a victim impact statement. | 10 | | The Prisoner Review Board shall consider victim impact | 11 | | statements from any registered victims. Any registered victim, | 12 | | including a person who has had a final, plenary, or | 13 | | non-emergency protective order granted under Article 112A of | 14 | | the Code of Criminal Procedure of 1963, the Illinois Domestic | 15 | | Violence Act of 1986, the Stalking No Contact Order Act, or the | 16 | | Civil No Contact Order Act may present victim statements that | 17 | | the Prisoner Review Board shall consider in its deliberations. | 18 | | (b) The office of the State's Attorney: | 19 | | (1) shall provide notice of the filing of an | 20 | | information, the return of an indictment, or the filing of | 21 | | a petition to adjudicate a minor as a delinquent for a | 22 | | violent crime; | 23 | | (2) shall provide timely notice of the date, time, and | 24 | | place of court proceedings; of any change in the date, | 25 | | time, and place of court proceedings; and of any | 26 | | cancellation of court proceedings. Notice shall be |
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| 1 | | provided in sufficient time, wherever possible, for the | 2 | | victim to make arrangements to attend or to prevent an | 3 | | unnecessary appearance at court proceedings; | 4 | | (3) or victim advocate personnel shall provide | 5 | | information of social services and financial assistance | 6 | | available for victims of crime, including information of | 7 | | how to apply for these services and assistance; | 8 | | (3.5) or victim advocate personnel shall provide | 9 | | information about available victim services, including | 10 | | referrals to programs, counselors, and agencies that | 11 | | assist a victim to deal with trauma, loss, and grief; | 12 | | (4) shall assist in having any stolen or other | 13 | | personal property held by law enforcement authorities for | 14 | | evidentiary or other purposes returned as expeditiously as | 15 | | possible, pursuant to the procedures set out in Section | 16 | | 115-9 of the Code of Criminal Procedure of 1963; | 17 | | (5) or victim advocate personnel shall provide | 18 | | appropriate employer intercession services to ensure that | 19 | | employers of victims will cooperate with the criminal | 20 | | justice system in order to minimize an employee's loss of | 21 | | pay and other benefits resulting from court appearances; | 22 | | (6) shall provide, whenever possible, a secure waiting | 23 | | area during court proceedings that does not require | 24 | | victims to be in close proximity to defendants or | 25 | | juveniles accused of a violent crime, and their families | 26 | | and friends; |
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| 1 | | (7) shall provide notice to the crime victim of the | 2 | | right to have a translator present at all court | 3 | | proceedings and, in compliance with the federal Americans | 4 | | with Disabilities Act of 1990, the right to communications | 5 | | access through a sign language interpreter or by other | 6 | | means; | 7 | | (8) (blank); | 8 | | (8.5) shall inform the victim of the right to be | 9 | | present at all court proceedings, unless the victim is to | 10 | | testify and the court determines that the victim's | 11 | | testimony would be materially affected if the victim hears | 12 | | other testimony at trial; | 13 | | (9) shall inform the victim of the right to have | 14 | | present at all court proceedings, subject to the rules of | 15 | | evidence and confidentiality, an advocate and other | 16 | | support person of the victim's choice; | 17 | | (9.3) shall inform the victim of the right to retain | 18 | | an attorney, at the victim's own expense, who, upon | 19 | | written notice filed with the clerk of the court and | 20 | | State's Attorney, is to receive copies of all notices, | 21 | | motions, and court orders filed thereafter in the case, in | 22 | | the same manner as if the victim were a named party in the | 23 | | case; | 24 | | (9.5) shall inform the victim of (A) the victim's | 25 | | right under Section 6 of this Act to make a statement at | 26 | | the sentencing hearing; (B) the right of the victim's |
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| 1 | | spouse, guardian, parent, grandparent, and other immediate | 2 | | family and household members under Section 6 of this Act | 3 | | to present a statement at sentencing; and (C) if a | 4 | | presentence report is to be prepared, the right of the | 5 | | victim's spouse, guardian, parent, grandparent, and other | 6 | | immediate family and household members to submit | 7 | | information to the preparer of the presentence report | 8 | | about the effect the offense has had on the victim and the | 9 | | person; | 10 | | (10) at the sentencing shall make a good faith attempt | 11 | | to explain the minimum amount of time during which the | 12 | | defendant may actually be physically imprisoned. The | 13 | | Office of the State's Attorney shall further notify the | 14 | | crime victim of the right to request from the Prisoner | 15 | | Review Board or Department of Juvenile Justice information | 16 | | concerning the release of the defendant; | 17 | | (11) shall request restitution at sentencing and as | 18 | | part of a plea agreement if the victim requests | 19 | | restitution; | 20 | | (12) shall, upon the court entering a verdict of not | 21 | | guilty by reason of insanity, inform the victim of the | 22 | | notification services available from the Department of | 23 | | Human Services, including the statewide telephone number, | 24 | | under subparagraph (d)(2) of this Section; | 25 | | (13) shall provide notice within a reasonable time | 26 | | after receipt of notice from the custodian, of the release |
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| 1 | | of the defendant on pretrial release or personal | 2 | | recognizance or the release from detention of a minor who | 3 | | has been detained; | 4 | | (14) shall explain in nontechnical language the | 5 | | details of any plea or verdict of a defendant, or any | 6 | | adjudication of a juvenile as a delinquent; | 7 | | (15) shall make all reasonable efforts to consult with | 8 | | the crime victim before the Office of the State's Attorney | 9 | | makes an offer of a plea bargain to the defendant or enters | 10 | | into negotiations with the defendant concerning a possible | 11 | | plea agreement, and shall consider the written statement, | 12 | | if prepared prior to entering into a plea agreement. The | 13 | | right to consult with the prosecutor does not include the | 14 | | right to veto a plea agreement or to insist the case go to | 15 | | trial. If the State's Attorney has not consulted with the | 16 | | victim prior to making an offer or entering into plea | 17 | | negotiations with the defendant, the Office of the State's | 18 | | Attorney shall notify the victim of the offer or the | 19 | | negotiations within 2 business days and confer with the | 20 | | victim; | 21 | | (16) shall provide notice of the ultimate disposition | 22 | | of the cases arising from an indictment or an information, | 23 | | or a petition to have a juvenile adjudicated as a | 24 | | delinquent for a violent crime; | 25 | | (17) shall provide notice of any appeal taken by the | 26 | | defendant and information on how to contact the |
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| 1 | | appropriate agency handling the appeal, and how to request | 2 | | notice of any hearing, oral argument, or decision of an | 3 | | appellate court; | 4 | | (18) shall provide timely notice of any request for | 5 | | post-conviction review filed by the defendant under | 6 | | Article 122 of the Code of Criminal Procedure of 1963, and | 7 | | of the date, time and place of any hearing concerning the | 8 | | petition. Whenever possible, notice of the hearing shall | 9 | | be given within 48 hours of the court's scheduling of the | 10 | | hearing; | 11 | | (19) shall forward a copy of any statement presented | 12 | | under Section 6 to the Prisoner Review Board or Department | 13 | | of Juvenile Justice to be considered in making a | 14 | | determination under Section 3-2.5-85 or subsection (b) of | 15 | | Section 3-3-8 of the Unified Code of Corrections; | 16 | | (20) shall, within a reasonable time, offer to meet | 17 | | with the crime victim regarding the decision of the | 18 | | State's Attorney not to charge an offense, and shall meet | 19 | | with the victim, if the victim agrees. The victim has a | 20 | | right to have an attorney, advocate, and other support | 21 | | person of the victim's choice attend this meeting with the | 22 | | victim; and | 23 | | (21) shall give the crime victim timely notice of any | 24 | | decision not to pursue charges and consider the safety of | 25 | | the victim when deciding how to give such notice. | 26 | | (c) The court shall ensure that the rights of the victim |
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| 1 | | are afforded. | 2 | | (c-5) The following procedures shall be followed to afford | 3 | | victims the rights guaranteed by Article I, Section 8.1 of the | 4 | | Illinois Constitution: | 5 | | (1) Written notice. A victim may complete a written | 6 | | notice of intent to assert rights on a form prepared by the | 7 | | Office of the Attorney General and provided to the victim | 8 | | by the State's Attorney. The victim may at any time | 9 | | provide a revised written notice to the State's Attorney. | 10 | | The State's Attorney shall file the written notice with | 11 | | the court. At the beginning of any court proceeding in | 12 | | which the right of a victim may be at issue, the court and | 13 | | prosecutor shall review the written notice to determine | 14 | | whether the victim has asserted the right that may be at | 15 | | issue. | 16 | | (2) Victim's retained attorney. A victim's attorney | 17 | | shall file an entry of appearance limited to assertion of | 18 | | the victim's rights. Upon the filing of the entry of | 19 | | appearance and service on the State's Attorney and the | 20 | | defendant, the attorney is to receive copies of all | 21 | | notices, motions and court orders filed thereafter in the | 22 | | case. | 23 | | (3) Standing. The victim has standing to assert the | 24 | | rights enumerated in subsection (a) of Article I, Section | 25 | | 8.1 of the Illinois Constitution and the statutory rights | 26 | | under Section 4 of this Act in any court exercising |
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| 1 | | jurisdiction over the criminal case. The prosecuting | 2 | | attorney, a victim, or the victim's retained attorney may | 3 | | assert the victim's rights. The defendant in the criminal | 4 | | case has no standing to assert a right of the victim in any | 5 | | court proceeding, including on appeal. | 6 | | (4) Assertion of and enforcement of rights. | 7 | | (A) The prosecuting attorney shall assert a | 8 | | victim's right or request enforcement of a right by | 9 | | filing a motion or by orally asserting the right or | 10 | | requesting enforcement in open court in the criminal | 11 | | case outside the presence of the jury. The prosecuting | 12 | | attorney shall consult with the victim and the | 13 | | victim's attorney regarding the assertion or | 14 | | enforcement of a right. If the prosecuting attorney | 15 | | decides not to assert or enforce a victim's right, the | 16 | | prosecuting attorney shall notify the victim or the | 17 | | victim's attorney in sufficient time to allow the | 18 | | victim or the victim's attorney to assert the right or | 19 | | to seek enforcement of a right. | 20 | | (B) If the prosecuting attorney elects not to | 21 | | assert a victim's right or to seek enforcement of a | 22 | | right, the victim or the victim's attorney may assert | 23 | | the victim's right or request enforcement of a right | 24 | | by filing a motion or by orally asserting the right or | 25 | | requesting enforcement in open court in the criminal | 26 | | case outside the presence of the jury. |
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| 1 | | (C) If the prosecuting attorney asserts a victim's | 2 | | right or seeks enforcement of a right, unless the | 3 | | prosecuting attorney objects or the trial court does | 4 | | not allow it, the victim or the victim's attorney may | 5 | | be heard regarding the prosecuting attorney's motion | 6 | | or may file a simultaneous motion to assert or request | 7 | | enforcement of the victim's right. If the victim or | 8 | | the victim's attorney was not allowed to be heard at | 9 | | the hearing regarding the prosecuting attorney's | 10 | | motion, and the court denies the prosecuting | 11 | | attorney's assertion of the right or denies the | 12 | | request for enforcement of a right, the victim or | 13 | | victim's attorney may file a motion to assert the | 14 | | victim's right or to request enforcement of the right | 15 | | within 10 days of the court's ruling. The motion need | 16 | | not demonstrate the grounds for a motion for | 17 | | reconsideration. The court shall rule on the merits of | 18 | | the motion. | 19 | | (D) The court shall take up and decide any motion | 20 | | or request asserting or seeking enforcement of a | 21 | | victim's right without delay, unless a specific time | 22 | | period is specified by law or court rule. The reasons | 23 | | for any decision denying the motion or request shall | 24 | | be clearly stated on the record. | 25 | | (E) No later than January 1, 2023, the Office of | 26 | | the Attorney General shall: |
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| 1 | | (i) designate an administrative authority | 2 | | within the Office of the Attorney General to | 3 | | receive and investigate complaints relating to the | 4 | | provision or violation of the rights of a crime | 5 | | victim as described in Article I, Section 8.1 of | 6 | | the Illinois Constitution and in this Act; | 7 | | (ii) create and administer a course of | 8 | | training for employees and offices of the State of | 9 | | Illinois that fail to comply with provisions of | 10 | | Illinois law pertaining to the treatment of crime | 11 | | victims as described in Article I, Section 8.1 of | 12 | | the Illinois Constitution and in this Act as | 13 | | required by the court under Section 5 of this Act; | 14 | | and | 15 | | (iii) have the authority to make | 16 | | recommendations to employees and offices of the | 17 | | State of Illinois to respond more effectively to | 18 | | the needs of crime victims, including regarding | 19 | | the violation of the rights of a crime victim. | 20 | | (F) Crime victims' rights may also be asserted by | 21 | | filing a complaint for mandamus, injunctive, or | 22 | | declaratory relief in the jurisdiction in which the | 23 | | victim's right is being violated or where the crime is | 24 | | being prosecuted. For complaints or motions filed by | 25 | | or on behalf of the victim, the clerk of court shall | 26 | | waive filing fees that would otherwise be owed by the |
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| 1 | | victim for any court filing with the purpose of | 2 | | enforcing crime victims' rights. If the court denies | 3 | | the relief sought by the victim, the reasons for the | 4 | | denial shall be clearly stated on the record in the | 5 | | transcript of the proceedings, in a written opinion, | 6 | | or in the docket entry, and the victim may appeal the | 7 | | circuit court's decision to the appellate court. The | 8 | | court shall issue prompt rulings regarding victims' | 9 | | rights. Proceedings seeking to enforce victims' rights | 10 | | shall not be stayed or subject to unreasonable delay | 11 | | via continuances. | 12 | | (5) Violation of rights and remedies. | 13 | | (A) If the court determines that a victim's right | 14 | | has been violated, the court shall determine the | 15 | | appropriate remedy for the violation of the victim's | 16 | | right by hearing from the victim and the parties, | 17 | | considering all factors relevant to the issue, and | 18 | | then awarding appropriate relief to the victim. | 19 | | (A-5) Consideration of an issue of a substantive | 20 | | nature or an issue that implicates the constitutional | 21 | | or statutory right of a victim at a court proceeding | 22 | | labeled as a status hearing shall constitute a per se | 23 | | violation of a victim's right. | 24 | | (B) The appropriate remedy shall include only | 25 | | actions necessary to provide the victim the right to | 26 | | which the victim was entitled. Remedies may include, |
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| 1 | | but are not limited to: injunctive relief requiring | 2 | | the victim's right to be afforded; declaratory | 3 | | judgment recognizing or clarifying the victim's | 4 | | rights; a writ of mandamus; and may include reopening | 5 | | previously held proceedings; however, in no event | 6 | | shall the court vacate a conviction. Any remedy shall | 7 | | be tailored to provide the victim an appropriate | 8 | | remedy without violating any constitutional right of | 9 | | the defendant. In no event shall the appropriate | 10 | | remedy to the victim be a new trial or damages. | 11 | | The court shall impose a mandatory training course | 12 | | provided by the Attorney General for the employee under | 13 | | item (ii) of subparagraph (E) of paragraph (4), which must | 14 | | be successfully completed within 6 months of the entry of | 15 | | the court order. | 16 | | This paragraph (5) takes effect January 2, 2023. | 17 | | (6) Right to be heard. Whenever a victim has the right | 18 | | to be heard, the court shall allow the victim to exercise | 19 | | the right in any reasonable manner the victim chooses. | 20 | | (7) Right to attend trial. A party must file a written | 21 | | motion to exclude a victim from trial at least 60 days | 22 | | prior to the date set for trial. The motion must state with | 23 | | specificity the reason exclusion is necessary to protect a | 24 | | constitutional right of the party, and must contain an | 25 | | offer of proof. The court shall rule on the motion within | 26 | | 30 days. If the motion is granted, the court shall set |
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| 1 | | forth on the record the facts that support its finding | 2 | | that the victim's testimony will be materially affected if | 3 | | the victim hears other testimony at trial. | 4 | | (8) Right to have advocate and support person present | 5 | | at court proceedings. | 6 | | (A) A party who intends to call an advocate as a | 7 | | witness at trial must seek permission of the court | 8 | | before the subpoena is issued. The party must file a | 9 | | written motion at least 90 days before trial that sets | 10 | | forth specifically the issues on which the advocate's | 11 | | testimony is sought and an offer of proof regarding | 12 | | (i) the content of the anticipated testimony of the | 13 | | advocate; and (ii) the relevance, admissibility, and | 14 | | materiality of the anticipated testimony. The court | 15 | | shall consider the motion and make findings within 30 | 16 | | days of the filing of the motion. If the court finds by | 17 | | a preponderance of the evidence that: (i) the | 18 | | anticipated testimony is not protected by an absolute | 19 | | privilege; and (ii) the anticipated testimony contains | 20 | | relevant, admissible, and material evidence that is | 21 | | not available through other witnesses or evidence, the | 22 | | court shall issue a subpoena requiring the advocate to | 23 | | appear to testify at an in camera hearing. The | 24 | | prosecuting attorney and the victim shall have 15 days | 25 | | to seek appellate review before the advocate is | 26 | | required to testify at an ex parte in camera |
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| 1 | | proceeding. | 2 | | The prosecuting attorney, the victim, and the | 3 | | advocate's attorney shall be allowed to be present at | 4 | | the ex parte in camera proceeding. If, after | 5 | | conducting the ex parte in camera hearing, the court | 6 | | determines that due process requires any testimony | 7 | | regarding confidential or privileged information or | 8 | | communications, the court shall provide to the | 9 | | prosecuting attorney, the victim, and the advocate's | 10 | | attorney a written memorandum on the substance of the | 11 | | advocate's testimony. The prosecuting attorney, the | 12 | | victim, and the advocate's attorney shall have 15 days | 13 | | to seek appellate review before a subpoena may be | 14 | | issued for the advocate to testify at trial. The | 15 | | presence of the prosecuting attorney at the ex parte | 16 | | in camera proceeding does not make the substance of | 17 | | the advocate's testimony that the court has ruled | 18 | | inadmissible subject to discovery. | 19 | | (B) If a victim has asserted the right to have a | 20 | | support person present at the court proceedings, the | 21 | | victim shall provide the name of the person the victim | 22 | | has chosen to be the victim's support person to the | 23 | | prosecuting attorney, within 60 days of trial. The | 24 | | prosecuting attorney shall provide the name to the | 25 | | defendant. If the defendant intends to call the | 26 | | support person as a witness at trial, the defendant |
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| 1 | | must seek permission of the court before a subpoena is | 2 | | issued. The defendant must file a written motion at | 3 | | least 45 days prior to trial that sets forth | 4 | | specifically the issues on which the support person | 5 | | will testify and an offer of proof regarding: (i) the | 6 | | content of the anticipated testimony of the support | 7 | | person; and (ii) the relevance, admissibility, and | 8 | | materiality of the anticipated testimony. | 9 | | If the prosecuting attorney intends to call the | 10 | | support person as a witness during the State's | 11 | | case-in-chief, the prosecuting attorney shall inform | 12 | | the court of this intent in the response to the | 13 | | defendant's written motion. The victim may choose a | 14 | | different person to be the victim's support person. | 15 | | The court may allow the defendant to inquire about | 16 | | matters outside the scope of the direct examination | 17 | | during cross-examination. If the court allows the | 18 | | defendant to do so, the support person shall be | 19 | | allowed to remain in the courtroom after the support | 20 | | person has testified. A defendant who fails to | 21 | | question the support person about matters outside the | 22 | | scope of direct examination during the State's | 23 | | case-in-chief waives the right to challenge the | 24 | | presence of the support person on appeal. The court | 25 | | shall allow the support person to testify if called as | 26 | | a witness in the defendant's case-in-chief or the |
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| 1 | | State's rebuttal. | 2 | | If the court does not allow the defendant to | 3 | | inquire about matters outside the scope of the direct | 4 | | examination, the support person shall be allowed to | 5 | | remain in the courtroom after the support person has | 6 | | been called by the defendant or the defendant has | 7 | | rested. The court shall allow the support person to | 8 | | testify in the State's rebuttal. | 9 | | If the prosecuting attorney does not intend to | 10 | | call the support person in the State's case-in-chief, | 11 | | the court shall verify with the support person whether | 12 | | the support person, if called as a witness, would | 13 | | testify as set forth in the offer of proof. If the | 14 | | court finds that the support person would testify as | 15 | | set forth in the offer of proof, the court shall rule | 16 | | on the relevance, materiality, and admissibility of | 17 | | the anticipated testimony. If the court rules the | 18 | | anticipated testimony is admissible, the court shall | 19 | | issue the subpoena. The support person may remain in | 20 | | the courtroom after the support person testifies and | 21 | | shall be allowed to testify in rebuttal. | 22 | | If the court excludes the victim's support person | 23 | | during the State's case-in-chief, the victim shall be | 24 | | allowed to choose another support person to be present | 25 | | in court. | 26 | | If the victim fails to designate a support person |
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| 1 | | within 60 days of trial and the defendant has | 2 | | subpoenaed the support person to testify at trial, the | 3 | | court may exclude the support person from the trial | 4 | | until the support person testifies. If the court | 5 | | excludes the support person the victim may choose | 6 | | another person as a support person. | 7 | | (9) Right to notice and hearing before disclosure of | 8 | | confidential or privileged information or records. | 9 | | (A) A defendant who seeks to subpoena testimony or | 10 | | records of or concerning the victim that are | 11 | | confidential or privileged by law must seek permission | 12 | | of the court before the subpoena is issued. The | 13 | | defendant must file a written motion and an offer of | 14 | | proof regarding the relevance, admissibility and | 15 | | materiality of the testimony or records. If the court | 16 | | finds by a preponderance of the evidence that: | 17 | | (i) the testimony or records are not protected | 18 | | by an absolute privilege and | 19 | | (ii) the testimony or records contain | 20 | | relevant, admissible, and material evidence that | 21 | | is not available through other witnesses or | 22 | | evidence, the court shall issue a subpoena | 23 | | requiring the witness to appear in camera or a | 24 | | sealed copy of the records be delivered to the | 25 | | court to be reviewed in camera. If, after | 26 | | conducting an in camera review of the witness |
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| 1 | | statement or records, the court determines that | 2 | | due process requires disclosure of any potential | 3 | | testimony or any portion of the records, the court | 4 | | shall provide copies of the records that it | 5 | | intends to disclose to the prosecuting attorney | 6 | | and the victim. The prosecuting attorney and the | 7 | | victim shall have 30 days to seek appellate review | 8 | | before the records are disclosed to the defendant, | 9 | | used in any court proceeding, or disclosed to | 10 | | anyone or in any way that would subject the | 11 | | testimony or records to public review. The | 12 | | disclosure of copies of any portion of the | 13 | | testimony or records to the prosecuting attorney | 14 | | under this Section does not make the records | 15 | | subject to discovery or required to be provided to | 16 | | the defendant. | 17 | | (B) A prosecuting attorney who seeks to subpoena | 18 | | information or records concerning the victim that are | 19 | | confidential or privileged by law must first request | 20 | | the written consent of the crime victim. If the victim | 21 | | does not provide such written consent, including where | 22 | | necessary the appropriate signed document required for | 23 | | waiving privilege, the prosecuting attorney must serve | 24 | | the subpoena at least 21 days prior to the date a | 25 | | response or appearance is required to allow the | 26 | | subject of the subpoena time to file a motion to quash |
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| 1 | | or request a hearing. The prosecuting attorney must | 2 | | also send a written notice to the victim at least 21 | 3 | | days prior to the response date to allow the victim to | 4 | | file a motion or request a hearing. The notice to the | 5 | | victim shall inform the victim (i) that a subpoena has | 6 | | been issued for confidential information or records | 7 | | concerning the victim, (ii) that the victim has the | 8 | | right to request a hearing prior to the response date | 9 | | of the subpoena, and (iii) how to request the hearing. | 10 | | The notice to the victim shall also include a copy of | 11 | | the subpoena. If requested, a hearing regarding the | 12 | | subpoena shall occur before information or records are | 13 | | provided to the prosecuting attorney. | 14 | | (10) Right to notice of court proceedings. If the | 15 | | victim is not present at a court proceeding in which a | 16 | | right of the victim is at issue, the court shall ask the | 17 | | prosecuting attorney whether the victim was notified of | 18 | | the time, place, and purpose of the court proceeding and | 19 | | that the victim had a right to be heard at the court | 20 | | proceeding. If the court determines that timely notice was | 21 | | not given or that the victim was not adequately informed | 22 | | of the nature of the court proceeding, the court shall not | 23 | | rule on any substantive issues, accept a plea, or impose a | 24 | | sentence and shall continue the hearing for the time | 25 | | necessary to notify the victim of the time, place and | 26 | | nature of the court proceeding. The time between court |
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| 1 | | proceedings shall not be attributable to the State under | 2 | | Section 103-5 of the Code of Criminal Procedure of 1963. | 3 | | (11) Right to timely disposition of the case. A victim | 4 | | has the right to timely disposition of the case so as to | 5 | | minimize the stress, cost, and inconvenience resulting | 6 | | from the victim's involvement in the case. Before ruling | 7 | | on a motion to continue trial or other court proceeding, | 8 | | the court shall inquire into the circumstances for the | 9 | | request for the delay and, if the victim has provided | 10 | | written notice of the assertion of the right to a timely | 11 | | disposition, and whether the victim objects to the delay. | 12 | | If the victim objects, the prosecutor shall inform the | 13 | | court of the victim's objections. If the prosecutor has | 14 | | not conferred with the victim about the continuance, the | 15 | | prosecutor shall inform the court of the attempts to | 16 | | confer. If the court finds the attempts of the prosecutor | 17 | | to confer with the victim were inadequate to protect the | 18 | | victim's right to be heard, the court shall give the | 19 | | prosecutor at least 3 but not more than 5 business days to | 20 | | confer with the victim. In ruling on a motion to continue, | 21 | | the court shall consider the reasons for the requested | 22 | | continuance, the number and length of continuances that | 23 | | have been granted, the victim's objections and procedures | 24 | | to avoid further delays. If a continuance is granted over | 25 | | the victim's objection, the court shall specify on the | 26 | | record the reasons for the continuance and the procedures |
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| 1 | | that have been or will be taken to avoid further delays. | 2 | | (12) Right to Restitution. | 3 | | (A) If the victim has asserted the right to | 4 | | restitution and the amount of restitution is known at | 5 | | the time of sentencing, the court shall enter the | 6 | | judgment of restitution at the time of sentencing. | 7 | | (B) If the victim has asserted the right to | 8 | | restitution and the amount of restitution is not known | 9 | | at the time of sentencing, the prosecutor shall, | 10 | | within 5 days after sentencing, notify the victim what | 11 | | information and documentation related to restitution | 12 | | is needed and that the information and documentation | 13 | | must be provided to the prosecutor within 45 days | 14 | | after sentencing. Failure to timely provide | 15 | | information and documentation related to restitution | 16 | | shall be deemed a waiver of the right to restitution. | 17 | | The prosecutor shall file and serve within 60 days | 18 | | after sentencing a proposed judgment for restitution | 19 | | and a notice that includes information concerning the | 20 | | identity of any victims or other persons seeking | 21 | | restitution, whether any victim or other person | 22 | | expressly declines restitution, the nature and amount | 23 | | of any damages together with any supporting | 24 | | documentation, a restitution amount recommendation, | 25 | | and the names of any co-defendants and their case | 26 | | numbers. Within 30 days after receipt of the proposed |
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| 1 | | judgment for restitution, the defendant shall file any | 2 | | objection to the proposed judgment, a statement of | 3 | | grounds for the objection, and a financial statement. | 4 | | If the defendant does not file an objection, the court | 5 | | may enter the judgment for restitution without further | 6 | | proceedings. If the defendant files an objection and | 7 | | either party requests a hearing, the court shall | 8 | | schedule a hearing. | 9 | | (13) Access to presentence reports. | 10 | | (A) The victim may request a copy of the | 11 | | presentence report prepared under the Unified Code of | 12 | | Corrections from the State's Attorney. The State's | 13 | | Attorney shall redact the following information before | 14 | | providing a copy of the report: | 15 | | (i) the defendant's mental history and | 16 | | condition; | 17 | | (ii) any evaluation prepared under subsection | 18 | | (b) or (b-5) of Section 5-3-2; and | 19 | | (iii) the name, address, phone number, and | 20 | | other personal information about any other victim. | 21 | | (B) The State's Attorney or the defendant may | 22 | | request the court redact other information in the | 23 | | report that may endanger the safety of any person. | 24 | | (C) The State's Attorney may orally disclose to | 25 | | the victim any of the information that has been | 26 | | redacted if there is a reasonable likelihood that the |
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| 1 | | information will be stated in court at the sentencing. | 2 | | (D) The State's Attorney must advise the victim | 3 | | that the victim must maintain the confidentiality of | 4 | | the report and other information. Any dissemination of | 5 | | the report or information that was not stated at a | 6 | | court proceeding constitutes indirect criminal | 7 | | contempt of court. | 8 | | (14) Appellate relief. If the trial court denies the | 9 | | relief requested, the victim, the victim's attorney, or | 10 | | the prosecuting attorney may file an appeal within 30 days | 11 | | of the trial court's ruling. The trial or appellate court | 12 | | may stay the court proceedings if the court finds that a | 13 | | stay would not violate a constitutional right of the | 14 | | defendant. If the appellate court denies the relief | 15 | | sought, the reasons for the denial shall be clearly stated | 16 | | in a written opinion. In any appeal in a criminal case, the | 17 | | State may assert as error the court's denial of any crime | 18 | | victim's right in the proceeding to which the appeal | 19 | | relates. | 20 | | (15) Limitation on appellate relief. In no case shall | 21 | | an appellate court provide a new trial to remedy the | 22 | | violation of a victim's right. | 23 | | (16) The right to be reasonably protected from the | 24 | | accused throughout the criminal justice process and the | 25 | | right to have the safety of the victim and the victim's | 26 | | family considered in determining whether to release the |
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| 1 | | defendant, and setting conditions of release after arrest | 2 | | and conviction. A victim of domestic violence, a sexual | 3 | | offense, or stalking may request the entry of a protective | 4 | | order under Article 112A of the Code of Criminal Procedure | 5 | | of 1963. | 6 | | (d) Procedures after the imposition of sentence. | 7 | | (1) The Prisoner Review Board shall inform a victim or | 8 | | any other concerned citizen, upon written request, of the | 9 | | prisoner's release on parole, mandatory supervised | 10 | | release, electronic detention, work release, international | 11 | | transfer or exchange, or by the custodian, other than the | 12 | | Department of Juvenile Justice, of the discharge of any | 13 | | individual who was adjudicated a delinquent for a crime | 14 | | from State custody and by the sheriff of the appropriate | 15 | | county of any such person's final discharge from county | 16 | | custody. The Prisoner Review Board, upon written request, | 17 | | shall provide to a victim or any other concerned citizen a | 18 | | recent photograph of any person convicted of a felony, | 19 | | upon his or her release from custody. The Prisoner Review | 20 | | Board, upon written request, shall inform a victim or any | 21 | | other concerned citizen when feasible at least 7 days | 22 | | prior to the prisoner's release on furlough of the times | 23 | | and dates of such furlough. Upon written request by the | 24 | | victim or any other concerned citizen, the State's | 25 | | Attorney shall notify the person once of the times and | 26 | | dates of release of a prisoner sentenced to periodic |
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| 1 | | imprisonment. Notification shall be based on the most | 2 | | recent information as to the victim's or other concerned | 3 | | citizen's residence or other location available to the | 4 | | notifying authority. | 5 | | (1.5) Within 24 hours, the Prisoner Review Board shall | 6 | | inform a victim of the early release of the prisoner from | 7 | | State custody or of the prisoner's pardon, commutation, | 8 | | furlough, or granting of sentence credit if the victim has | 9 | | previously requested notification of that information. The | 10 | | notification shall be based upon the most recent | 11 | | information as to the victim's residence or other location | 12 | | available to the Board. When no such information is | 13 | | available, the Board shall make all reasonable efforts to | 14 | | obtain the information and make the notification. This | 15 | | notification requirement is in addition to any | 16 | | notification requirements pursuant to any other statewide | 17 | | victim notification systems. The Board must document | 18 | | notification efforts if that victim alleges lack of | 19 | | notification under this paragraph (1.5). | 20 | | (2) When the defendant has been committed to the | 21 | | Department of Human Services pursuant to Section 5-2-4 or | 22 | | any other provision of the Unified Code of Corrections, | 23 | | the victim may request to be notified by the releasing | 24 | | authority of the approval by the court of an on-grounds | 25 | | pass, a supervised off-grounds pass, an unsupervised | 26 | | off-grounds pass, or conditional release; the release on |
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| 1 | | an off-grounds pass; the return from an off-grounds pass; | 2 | | transfer to another facility; conditional release; escape; | 3 | | death; or final discharge from State custody. The | 4 | | Department of Human Services shall establish and maintain | 5 | | a statewide telephone number to be used by victims to make | 6 | | notification requests under these provisions and shall | 7 | | publicize this telephone number on its website and to the | 8 | | State's Attorney of each county. | 9 | | (3) In the event of an escape from State custody, the | 10 | | Department of Corrections or the Department of Juvenile | 11 | | Justice immediately shall notify the Prisoner Review Board | 12 | | of the escape and the Prisoner Review Board shall notify | 13 | | the victim. The notification shall be based upon the most | 14 | | recent information as to the victim's residence or other | 15 | | location available to the Board. When no such information | 16 | | is available, the Board shall make all reasonable efforts | 17 | | to obtain the information and make the notification. When | 18 | | the escapee is apprehended, the Department of Corrections | 19 | | or the Department of Juvenile Justice immediately shall | 20 | | notify the Prisoner Review Board and the Board shall | 21 | | notify the victim. | 22 | | (4) The victim of the crime for which the prisoner has | 23 | | been sentenced has the right to register with the Prisoner | 24 | | Review Board's victim registry. Victims registered with | 25 | | the Board shall receive reasonable written notice not less | 26 | | than 30 days prior to the parole hearing or target |
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| 1 | | aftercare release date. The victim has the right to submit | 2 | | a victim statement for consideration by the Prisoner | 3 | | Review Board or the Department of Juvenile Justice in | 4 | | writing, on film, videotape, or other electronic means, or | 5 | | in the form of a recording prior to the parole hearing or | 6 | | target aftercare release date, or in person at the parole | 7 | | hearing or aftercare release protest hearing, or by | 8 | | calling the toll-free number established in subsection (f) | 9 | | of this Section. The victim shall be notified within 7 | 10 | | days after the prisoner has been granted parole or | 11 | | aftercare release 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. Victim statements | 16 | | provided to the Board shall be confidential and | 17 | | privileged, including any statements received prior to | 18 | | January 1, 2020 (the effective date of Public Act | 19 | | 101-288), except if the statement was an oral statement | 20 | | made by the victim at a hearing open to the public. | 21 | | (4-1) The crime victim has the right to submit a | 22 | | victim statement for consideration by the Prisoner Review | 23 | | Board or the Department of Juvenile Justice prior to or at | 24 | | a hearing to determine the conditions of mandatory | 25 | | supervised release of a person sentenced to a determinate | 26 | | sentence or at a hearing on revocation of mandatory |
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| 1 | | supervised release of a person sentenced to a determinate | 2 | | sentence. A victim statement may be submitted in writing, | 3 | | on film, videotape, or other electronic means, or in the | 4 | | form of a recording, or orally at a hearing, or by calling | 5 | | the 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), except if the statement was an oral | 10 | | statement made by the victim at a hearing open to the | 11 | | public. | 12 | | (4-2) The crime victim has the right to submit a | 13 | | victim statement to the Prisoner Review Board for | 14 | | consideration at an executive clemency hearing as provided | 15 | | in Section 3-3-13 of the Unified Code of Corrections. A | 16 | | victim statement may be submitted in writing, on film, | 17 | | videotape, or other electronic means, or in the form of a | 18 | | recording prior to a hearing, or orally at a hearing, or by | 19 | | calling the toll-free number established in subsection (f) | 20 | | of this Section. Victim statements provided to the Board | 21 | | shall be confidential and privileged, including any | 22 | | statements received prior to January 1, 2020 (the | 23 | | effective date of Public Act 101-288), except if the | 24 | | statement was an oral statement made by the victim at a | 25 | | hearing open to the public. | 26 | | (5) If a statement is presented under Section 6, the |
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| 1 | | Prisoner Review Board or Department of Juvenile Justice | 2 | | shall inform the victim of any order of discharge pursuant | 3 | | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | 4 | | Corrections. | 5 | | (6) At the written or oral request of the victim of the | 6 | | crime for which the prisoner was sentenced or the State's | 7 | | Attorney of the county where the person seeking parole or | 8 | | aftercare release was prosecuted, the Prisoner Review | 9 | | Board or Department of Juvenile Justice shall notify the | 10 | | victim and the State's Attorney of the county where the | 11 | | person seeking parole or aftercare release was prosecuted | 12 | | of the death of the prisoner if the prisoner died while on | 13 | | parole or aftercare release or mandatory supervised | 14 | | release. | 15 | | (7) When a defendant who has been committed to the | 16 | | Department of Corrections, the Department of Juvenile | 17 | | Justice, or the Department of Human Services is released | 18 | | or discharged and subsequently committed to the Department | 19 | | of Human Services as a sexually violent person and the | 20 | | victim had requested to be notified by the releasing | 21 | | authority of the defendant's discharge, conditional | 22 | | release, death, or escape from State custody, the | 23 | | releasing authority shall provide to the Department of | 24 | | Human Services such information that would allow the | 25 | | Department of Human Services to contact the victim. | 26 | | (8) When a defendant has been convicted of a sex |
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| 1 | | offense as defined in Section 2 of the Sex Offender | 2 | | Registration Act and has been sentenced to the Department | 3 | | of Corrections or the Department of Juvenile Justice, the | 4 | | Prisoner Review Board or the Department of Juvenile | 5 | | Justice shall notify the victim of the sex offense of the | 6 | | prisoner's eligibility for release on parole, aftercare | 7 | | release, mandatory supervised release, electronic | 8 | | detention, work release, international transfer or | 9 | | exchange, or by the custodian of the discharge of any | 10 | | individual who was adjudicated a delinquent for a sex | 11 | | offense from State custody and by the sheriff of the | 12 | | appropriate county of any such person's final discharge | 13 | | from county custody. The notification shall be made to the | 14 | | victim at least 30 days, whenever possible, before release | 15 | | of the sex offender. | 16 | | (e) The officials named in this Section may satisfy some | 17 | | or all of their obligations to provide notices and other | 18 | | information through participation in a statewide victim and | 19 | | witness notification system established by the Attorney | 20 | | General under Section 8.5 of this Act. | 21 | | (f) The Prisoner Review Board shall establish a toll-free | 22 | | number that may be accessed by the crime victim to present a | 23 | | victim statement to the Board in accordance with paragraphs | 24 | | (4), (4-1), and (4-2) of subsection (d). | 25 | | (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; | 26 | | 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff. |
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| 1 | | 8-20-21; 102-813, eff. 5-13-22 .) | 2 | | Section 10. The Unified Code of Corrections is amended by | 3 | | changing Sections 3-3-1, 3-3-8, and 3-3-9 and by adding | 4 | | Sections 3-3-1.1, 3-3-16, and 3-14-1.1 as follows: | 5 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1) | 6 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 7 | | Review Board. | 8 | | (a) There shall be a Prisoner Review Board independent of | 9 | | the Department which shall be: | 10 | | (1) the paroling authority for persons sentenced under | 11 | | the law in effect prior to the effective date of this | 12 | | amendatory Act of 1977; | 13 | | (1.2) the paroling authority for persons eligible for | 14 | | parole review under Section 5-4.5-115; | 15 | | (1.5) (blank); | 16 | | (2) the board of review for cases involving the | 17 | | revocation of sentence credits or a suspension or | 18 | | reduction in the rate of accumulating the credit; | 19 | | (3) the board of review and recommendation for the | 20 | | exercise of executive clemency by the Governor; | 21 | | (4) the authority for establishing release dates for | 22 | | certain prisoners sentenced under the law in existence | 23 | | prior to the effective date of this amendatory Act of | 24 | | 1977, in accordance with Section 3-3-2.1 of this Code; |
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| 1 | | (5) the authority for setting conditions for parole | 2 | | and mandatory supervised release under Section 5-8-1(a) of | 3 | | this Code, and determining whether a violation of those | 4 | | conditions warrant revocation of parole or mandatory | 5 | | supervised release or the imposition of other sanctions; | 6 | | (6) the authority for determining whether a violation | 7 | | of aftercare release conditions warrant revocation of | 8 | | aftercare release; and | 9 | | (7) the authority to release medically infirm or | 10 | | disabled prisoners under Section 3-3-14. | 11 | | (b) The Board shall consist of 15 persons appointed by the | 12 | | Governor by and with the advice and consent of the Senate. One | 13 | | member of the Board shall be designated by the Governor to be | 14 | | Chairman and shall serve as Chairman at the pleasure of the | 15 | | Governor. The members of the Board shall have had at least 5 | 16 | | years of actual experience in the fields of penology, | 17 | | corrections work, law enforcement, sociology, law, education, | 18 | | social work, medicine, psychology, other behavioral sciences, | 19 | | or a combination thereof. At least 6 members so appointed must | 20 | | have at least 3 years experience in the field of juvenile | 21 | | matters. No more than 8 Board members may be members of the | 22 | | same political party. | 23 | | Each member of the Board shall serve on a full-time basis | 24 | | and shall not hold any other salaried public office, whether | 25 | | elective or appointive, nor any other office or position of | 26 | | profit, nor engage in any other business, employment, or |
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| 1 | | vocation. The Chairman of the Board shall receive $35,000 a | 2 | | year, or an amount set by the Compensation Review Board, | 3 | | whichever is greater, and each other member $30,000, or an | 4 | | amount set by the Compensation Review Board, whichever is | 5 | | greater. | 6 | | (b-5) Prior to participating in his or her first vote as a | 7 | | member of the Board, a member of the Board shall complete a | 8 | | training developed and administered by the entity | 9 | | administering the Illinois Domestic Violence Hotline, in | 10 | | consultation with the Department of Corrections. This training | 11 | | shall be tailored specifically to the members of the Board and | 12 | | shall cover topics including, but not limited to: | 13 | | (1) the nature, extent, and causes of domestic | 14 | | violence and gender-based violence; | 15 | | (2) the lethality of domestic violence and | 16 | | gender-based violence; | 17 | | (3) implicit and explicit biases toward parties | 18 | | involved in domestic violence and gender-based violence; | 19 | | (4) criminalization of survivors of domestic violence | 20 | | and gender-based violence; | 21 | | (5) behavioral patterns and relationship dynamics | 22 | | within the cycle of violence; | 23 | | (6) safety planning and procedures designed to promote | 24 | | the safety of victims of domestic violence and | 25 | | gender-based violence and their household members; | 26 | | (7) resources available to victims of domestic |
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| 1 | | violence and gender-based violence and their household | 2 | | members; | 3 | | (8) the Illinois Domestic Violence Act of 1986, the | 4 | | Stalking No Contact Order Act, the Civil No Contact Order | 5 | | Act, and the legal process regarding protective orders; | 6 | | (9) the prison system, including a tour of a | 7 | | correctional institution or facility and a meeting with | 8 | | the facility administration; | 9 | | (10) the nature of rehabilitative corrections; and | 10 | | (11) rehabilitative programming provided by the | 11 | | Department of Corrections and available to incarcerated | 12 | | individuals. | 13 | | The training shall be completed annually. Documentation | 14 | | showing completion of the annual training shall be submitted | 15 | | to and recorded by the Department of Corrections and shall be | 16 | | made available to the public upon request. | 17 | | (c) Notwithstanding any other provision of this Section, | 18 | | the term of each member of the Board who was appointed by the | 19 | | Governor and is in office on June 30, 2003 shall terminate at | 20 | | the close of business on that date or when all of the successor | 21 | | members to be appointed pursuant to this amendatory Act of the | 22 | | 93rd General Assembly have been appointed by the Governor, | 23 | | whichever occurs later. As soon as possible, the Governor | 24 | | shall appoint persons to fill the vacancies created by this | 25 | | amendatory Act. | 26 | | Of the initial members appointed under this amendatory Act |
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| 1 | | of the 93rd General Assembly, the Governor shall appoint 5 | 2 | | members whose terms shall expire on the third Monday in | 3 | | January 2005, 5 members whose terms shall expire on the third | 4 | | Monday in January 2007, and 5 members whose terms shall expire | 5 | | on the third Monday in January 2009. Their respective | 6 | | successors shall be appointed for terms of 6 years from the | 7 | | third Monday in January of the year of appointment. Each | 8 | | member shall serve until his or her successor is appointed and | 9 | | qualified. | 10 | | Any member may be removed by the Governor for | 11 | | incompetence, neglect of duty, malfeasance or inability to | 12 | | serve. | 13 | | (d) The Chairman of the Board shall be its chief executive | 14 | | and administrative officer. The Board may have an Executive | 15 | | Director; if so, the Executive Director shall be appointed by | 16 | | the Governor with the advice and consent of the Senate. The | 17 | | salary and duties of the Executive Director shall be fixed by | 18 | | the Board. | 19 | | (Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22 .) | 20 | | (730 ILCS 5/3-3-1.1 new) | 21 | | Sec. 3-3-1.1. Mission of the Prisoner Review Board. The | 22 | | mission of the Prisoner Review Board is to promote public | 23 | | safety and strive for justice and fairness in the exercise of | 24 | | its authority. As set forth in this Article, the Board has the | 25 | | authority to impose release conditions for incarcerated |
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| 1 | | individuals who are exiting penal facilities and conduct | 2 | | hearings to determine whether parolees or releasees have | 3 | | violated conditions of parole or mandatory supervised release. | 4 | | The Board also has the authority to make recommendations to | 5 | | the Governor relative to clemency petitions for those | 6 | | convicted of violating Illinois laws. In exercising this | 7 | | authority, the Board seeks to render just, fair, objective, | 8 | | impartial, and informed decisions and recommendations. In | 9 | | reaching those decisions and recommendations, the Prisoner | 10 | | Review Board strives to consider public safety, the rights of | 11 | | victims of crimes, and the goal of successful rehabilitation | 12 | | and reintegration for all individuals who have been convicted | 13 | | of crimes. | 14 | | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8) | 15 | | Sec. 3-3-8. Length of parole and mandatory supervised | 16 | | release; discharge. | 17 | | (a) The length of parole for a person sentenced under the | 18 | | law in effect prior to the effective date of this amendatory | 19 | | Act of 1977 and the length of mandatory supervised release for | 20 | | those sentenced under the law in effect on and after such | 21 | | effective date shall be as set out in Section 5-8-1 unless | 22 | | sooner terminated under paragraph (b) of this Section. | 23 | | (b) The Prisoner Review Board may enter an order releasing | 24 | | and discharging one from parole or mandatory supervised | 25 | | release, and his or her commitment to the Department, when it |
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| 1 | | determines that he or she is likely to remain at liberty | 2 | | without committing another offense. Prior to entering such an | 3 | | order, the Prisoner Review Board shall provide notice and a | 4 | | 30-day opportunity to comment to any registered victim. | 5 | | (b-1) Provided that the subject is in compliance with the | 6 | | terms and conditions of his or her parole or mandatory | 7 | | supervised release, the Prisoner Review Board shall reduce the | 8 | | period of a parolee or releasee's parole or mandatory | 9 | | supervised release by 90 days upon the parolee or releasee | 10 | | receiving a high school diploma, associate's degree, | 11 | | bachelor's degree, career certificate, or vocational technical | 12 | | certification or upon passage of high school equivalency | 13 | | testing during the period of his or her parole or mandatory | 14 | | supervised release. A parolee or releasee shall provide | 15 | | documentation from the educational institution or the source | 16 | | of the qualifying educational or vocational credential to | 17 | | their supervising officer for verification. Each reduction in | 18 | | the period of a subject's term of parole or mandatory | 19 | | supervised release shall be available only to subjects who | 20 | | have not previously earned the relevant credential for which | 21 | | they are receiving the reduction. As used in this Section, | 22 | | "career certificate" means a certificate awarded by an | 23 | | institution for satisfactory completion of a prescribed | 24 | | curriculum that is intended to prepare an individual for | 25 | | employment in a specific field. | 26 | | (b-2) The Prisoner Review Board may release a low-risk and |
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| 1 | | need subject person from mandatory supervised release as | 2 | | determined by an appropriate evidence-based risk and need | 3 | | assessment. | 4 | | (c) The order of discharge shall become effective upon | 5 | | entry of the order of the Board. The Board shall notify the | 6 | | clerk of the committing court of the order. Upon receipt of | 7 | | such copy, the clerk shall make an entry on the record judgment | 8 | | that the sentence or commitment has been satisfied pursuant to | 9 | | the order. | 10 | | (d) Rights of the person discharged under this Section | 11 | | shall be restored under Section 5-5-5. | 12 | | (e) Upon a denial of early discharge under this Section, | 13 | | the Prisoner Review Board shall provide the person on parole | 14 | | or mandatory supervised release a list of steps or | 15 | | requirements that the person must complete or meet to be | 16 | | granted an early discharge at a subsequent review and share | 17 | | the process for seeking a subsequent early discharge review | 18 | | under this subsection. Upon the completion of such steps or | 19 | | requirements, the person on parole or mandatory supervised | 20 | | release may petition the Prisoner Review Board to grant them | 21 | | an early discharge review. Within no more than 30 days of a | 22 | | petition under this subsection, the Prisoner Review Board | 23 | | shall review the petition and make a determination. | 24 | | (Source: P.A. 103-271, eff. 1-1-24 .) | 25 | | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9) |
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| 1 | | Sec. 3-3-9. Violations; changes of conditions; preliminary | 2 | | hearing; revocation of parole or mandatory supervised release; | 3 | | revocation hearing. | 4 | | (a) If prior to expiration or termination of the term of | 5 | | parole or mandatory supervised release, a person violates a | 6 | | condition set by the Prisoner Review Board or a condition of | 7 | | parole or mandatory supervised release under Section 3-3-7 of | 8 | | this Code to govern that term, the Board may: | 9 | | (1) continue the existing term, with or without | 10 | | modifying or enlarging the conditions; or | 11 | | (1.5) for those released as a result of youthful | 12 | | offender parole as set forth in Section 5-4.5-115 of this | 13 | | Code, order that the inmate be subsequently rereleased to | 14 | | serve a specified mandatory supervised release term not to | 15 | | exceed the full term permitted under the provisions of | 16 | | Section 5-4.5-115 and subsection (d) of Section 5-8-1 of | 17 | | this Code and may modify or enlarge the conditions of the | 18 | | release as the Board deems proper; or | 19 | | (2) parole or release the person to a half-way house; | 20 | | or | 21 | | (3) revoke the parole or mandatory supervised release | 22 | | and reconfine the person for a term computed in the | 23 | | following manner: | 24 | | (i) (A) For those sentenced under the law in | 25 | | effect prior to this amendatory Act of 1977, the | 26 | | recommitment shall be for any portion of the imposed |
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| 1 | | maximum term of imprisonment or confinement which had | 2 | | not been served at the time of parole and the parole | 3 | | term, less the time elapsed between the parole of the | 4 | | person and the commission of the violation for which | 5 | | parole was revoked; | 6 | | (B) Except as set forth in paragraphs (C) and (D), | 7 | | for those subject to mandatory supervised release | 8 | | under paragraph (d) of Section 5-8-1 of this Code, the | 9 | | recommitment shall be for the total mandatory | 10 | | supervised release term, less the time elapsed between | 11 | | the release of the person and the commission of the | 12 | | violation for which mandatory supervised release is | 13 | | revoked. The Board may also order that a prisoner | 14 | | serve up to one year of the sentence imposed by the | 15 | | court which was not served due to the accumulation of | 16 | | sentence credit; | 17 | | (C) For those subject to sex offender supervision | 18 | | under clause (d)(4) of Section 5-8-1 of this Code, the | 19 | | reconfinement period for violations of clauses (a)(3) | 20 | | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | 21 | | years from the date of reconfinement; | 22 | | (D) For those released as a result of youthful | 23 | | offender parole as set forth in Section 5-4.5-115 of | 24 | | this Code, the reconfinement period shall be for the | 25 | | total mandatory supervised release term, less the time | 26 | | elapsed between the release of the person and the |
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| 1 | | commission of the violation for which mandatory | 2 | | supervised release is revoked. The Board may also | 3 | | order that a prisoner serve up to one year of the | 4 | | mandatory supervised release term previously earned. | 5 | | The Board may also order that the inmate be | 6 | | subsequently rereleased to serve a specified mandatory | 7 | | supervised release term not to exceed the full term | 8 | | permitted under the provisions of Section 5-4.5-115 | 9 | | and subsection (d) of Section 5-8-1 of this Code and | 10 | | may modify or enlarge the conditions of the release as | 11 | | the Board deems proper; | 12 | | (ii) the person shall be given credit against the | 13 | | term of reimprisonment or reconfinement for time spent | 14 | | in custody since he or she was paroled or released | 15 | | which has not been credited against another sentence | 16 | | or period of confinement; | 17 | | (iii) (blank); | 18 | | (iv) this Section is subject to the release under | 19 | | supervision and the reparole and rerelease provisions | 20 | | of Section 3-3-10. | 21 | | (b) The Board may revoke parole or mandatory supervised | 22 | | release for violation of a condition for the duration of the | 23 | | term and for any further period which is reasonably necessary | 24 | | for the adjudication of matters arising before its expiration. | 25 | | The issuance of a warrant of arrest for an alleged violation of | 26 | | the conditions of parole or mandatory supervised release shall |
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| 1 | | toll the running of the term until the final determination of | 2 | | the charge. When parole or mandatory supervised release is not | 3 | | revoked that period shall be credited to the term, unless a | 4 | | community-based sanction is imposed as an alternative to | 5 | | revocation and reincarceration, including a diversion | 6 | | established by the Illinois Department of Corrections Parole | 7 | | Services Unit prior to the holding of a preliminary parole | 8 | | revocation hearing. Parolees who are diverted to a | 9 | | community-based sanction shall serve the entire term of parole | 10 | | or mandatory supervised release, if otherwise appropriate. | 11 | | (b-5) The Board shall revoke parole or mandatory | 12 | | supervised release for violation of the conditions prescribed | 13 | | in paragraph (7.6) of subsection (a) of Section 3-3-7. | 14 | | (c) A person charged with violating a condition of parole | 15 | | or mandatory supervised release shall have a preliminary | 16 | | hearing before a hearing officer designated by the Board to | 17 | | determine if there is cause to hold the person for a revocation | 18 | | hearing. However, no preliminary hearing need be held when | 19 | | revocation is based upon new criminal charges and a court | 20 | | finds probable cause on the new criminal charges or when the | 21 | | revocation is based upon a new criminal conviction and a | 22 | | certified copy of that conviction is available. The Board | 23 | | shall provide a victim with notice of a preliminary hearing at | 24 | | least 72 hours prior to such hearing if the victim has | 25 | | previously requested notification of that information. | 26 | | (d) Parole or mandatory supervised release shall not be |
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| 1 | | revoked without written notice to the offender setting forth | 2 | | the violation of parole or mandatory supervised release | 3 | | charged against him or her. Before the Board makes a decision | 4 | | on whether to revoke an offender's parole or mandatory | 5 | | supervised release, the Prisoner Review Board must run a LEADS | 6 | | report. The Board shall publish on the Board's publicly | 7 | | accessible website the name and identification number of | 8 | | offenders alleged to have violated terms of parole or | 9 | | mandatory supervised release, the Board's decision whether to | 10 | | revoke parole or mandatory supervised release, and the names | 11 | | of the voting Board members. This information shall only be | 12 | | accessible while the offender is in State custody. | 13 | | (e) A hearing on revocation shall be conducted before at | 14 | | least one member of the Prisoner Review Board. The Board may | 15 | | meet and order its actions in panels of 3 or more members. The | 16 | | action of a majority of the panel shall be the action of the | 17 | | Board. A record of the hearing shall be made. At the hearing | 18 | | the offender shall be permitted to: | 19 | | (1) appear and answer the charge; and | 20 | | (2) bring witnesses on his or her behalf. | 21 | | The Board shall provide a victim with notice of a hearing | 22 | | on revocation at least 72 hours prior to the hearing if the | 23 | | victim had previously requested notification of that | 24 | | information. | 25 | | (f) The Board shall either revoke parole or mandatory | 26 | | supervised release or order the person's term continued with |
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| 1 | | or without modification or enlargement of the conditions. The | 2 | | Board shall immediately notify the victim of its decision if | 3 | | the victim has previously requested that information. | 4 | | (g) Parole or mandatory supervised release shall not be | 5 | | revoked for failure to make payments under the conditions of | 6 | | parole or release unless the Board determines that such | 7 | | failure is due to the offender's willful refusal to pay. | 8 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .) | 9 | | (730 ILCS 5/3-3-16 new) | 10 | | Sec. 3-3-16. Prisoner Review Board Task Force. | 11 | | (a) Creation. The Prisoner Review Board Task Force is | 12 | | created under the Illinois Sentencing Policy Advisory Council | 13 | | and hereinafter shall be referred to as the Task Force. | 14 | | (b) Purposes and goals. The purpose of the Task Force is to | 15 | | study the following subject areas: | 16 | | (1) the notification process for when a committed | 17 | | person is released or pending release; | 18 | | (2) the process for a victim or other individual to | 19 | | request notice of a committed person's status at all | 20 | | points of incarceration; | 21 | | (3) the possibility for victim involvement in parole | 22 | | or mandatory supervised release revocation hearings, | 23 | | including a notice to potential victims and the | 24 | | opportunity for written comment; | 25 | | (4) methods for committed persons who are survivors of |
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| 1 | | gender-based violence to have their experiences fully | 2 | | considered during Prisoner Review Board hearings; | 3 | | (5) safety planning for survivors of gender-based | 4 | | violence who may be impacted by an offender's release; | 5 | | (6) safety planning for survivors of gender-based | 6 | | violence who are being released from State custody; | 7 | | (7) the creation and administration of a special fund | 8 | | to support safety planning; | 9 | | (8) specific areas of training for Board members, | 10 | | including, but not limited to, juvenile justice, implicit | 11 | | bias, and rehabilitation practices; | 12 | | (9) qualifications for Board members, including, but | 13 | | not limited to, professional experience, experience with | 14 | | incarceration, experience as a victim advocate, or | 15 | | experience as a social worker; | 16 | | (10) judicial education regarding orders of protection | 17 | | when a respondent is incarcerated; | 18 | | (11) judicial education regarding orders of protection | 19 | | when a petitioner is incarcerated; | 20 | | (12) examining the current electronic monitoring | 21 | | process for those on mandatory supervised release; | 22 | | (13) expediting action by the Board on requests for | 23 | | early discharge from mandatory supervised release; and | 24 | | (14) any other subject areas related to the | 25 | | responsibilities and duties of the Prisoner Review Board. | 26 | | (c) Task Force composition. The Task Force shall consist |
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| 1 | | of the following members: | 2 | | (1) the Director of Corrections, or his or her | 3 | | designee; | 4 | | (2) the Department of Corrections chief in charge of | 5 | | earned discretionary sentence credit decisions, or his or | 6 | | her designee; | 7 | | (3) a Department of Corrections Parole representative; | 8 | | (4) the Chair of the Prisoner Review Board, or his or | 9 | | her designee; | 10 | | (5) the Executive Director of the Prisoner Review | 11 | | Board, or his or her designee; | 12 | | (6) a member of the Illinois Department of Corrections | 13 | | Reentry Team; | 14 | | (7) a member from the Administrative Office of the | 15 | | Illinois Courts; | 16 | | (8) the Presiding Judge of Domestic Violence Division | 17 | | of the Cook County Circuit Court, or his or her designee; | 18 | | (9) a representative of a statewide sexual assault | 19 | | coalition; | 20 | | (10) a representative of a statewide domestic violence | 21 | | coalition; | 22 | | (11) a representative of the agency administering the | 23 | | State-designated domestic violence hotline; | 24 | | (12) a representative of an organization that focuses | 25 | | on women impacted by incarceration; | 26 | | (13) a representative of an organization that provides |
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| 1 | | legal services for individuals seeking orders of | 2 | | protection located within the courthouse hearing domestic | 3 | | violence cases; | 4 | | (14) two representatives from gender-based violence | 5 | | organizations based outside of Cook County; | 6 | | (15) a formerly incarcerated individual who was a | 7 | | victim of gender-based violence; | 8 | | (16) a member of the House of Representatives, | 9 | | appointed by the Speaker of the House; | 10 | | (17) a member of the House of Representatives, | 11 | | appointed by the Minority Leader of the House; | 12 | | (18) a member of the Senate, appointed by the | 13 | | President of the Senate; | 14 | | (19) a member of the Senate, appointed by the Minority | 15 | | Leader of the Senate; | 16 | | (20) a representative from the Illinois Criminal | 17 | | Justice Information Authority; | 18 | | (21) the Cook County State's Attorney, or his or her | 19 | | designee; | 20 | | (22) a representative from the Illinois State's | 21 | | Attorneys' Association; | 22 | | (23) a representative from the Office of the Cook | 23 | | County Public Defender; | 24 | | (24) a representative from the Illinois Public | 25 | | Defender Association; | 26 | | (25) a member from a legal aid organization which |
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| 1 | | currently or formerly represented individuals in parole | 2 | | revocation hearings; | 3 | | (26) a member from an organization that examines | 4 | | mandatory supervised release conditions; and | 5 | | (27) a representative from an organization providing | 6 | | services for survivors of human trafficking. | 7 | | The members of the Task Force, other than the ex officio | 8 | | members and members of the General Assembly, and the Chair of | 9 | | the Task Force shall be appointed by the Executive Director of | 10 | | the Illinois Sentencing Policy Advisory Council. | 11 | | (d) Duties. The Task Force shall conduct studies of the | 12 | | topics included in paragraph (b) and make a report | 13 | | recommending legislative actions to address any issues found. | 14 | | (e) Report. The Task Force shall provide an interim report | 15 | | describing its work-to-date to the General Assembly and | 16 | | Governor by no later than July 1, 2025. The Task Force shall | 17 | | provide a full report, outlining issues and recommendations, | 18 | | to the General Assembly and Governor by no later than July 1, | 19 | | 2026. Upon issuance of the final report, the Task Force shall | 20 | | thereafter be dissolved. | 21 | | (730 ILCS 5/3-14-1.1 new) | | | | 22 | | Sec. 3-14-1.1. Notification of release. Prior to the | 23 | | release of a person from its custody onto parole, mandatory | 24 | | supervised release, or final discharge, the Department shall | 25 | | run a LEADS report on the person to be released and shall |
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| 1 | | provide notice of the person's release to any person who has | 2 | | been granted a protective order under Article 112A of the Code | 3 | | of Criminal Procedure of 1963, the Illinois Domestic Violence | 4 | | Act of 1986, the Stalking No Contact Order Act, or the Civil No | 5 | | Contact Order Act against the person to be released that is in | 6 | | effect at the time of the person's release. The Department | 7 | | shall provide the Office of the Attorney General with the name | 8 | | of the person to be released. Upon receipt of the name of the | 9 | | person to be released, the Office of the Attorney General | 10 | | shall provide notice of the person's release to all persons | 11 | | who are registered with the VINE notification system regarding | 12 | | the person to be released from Department custody. | 13 | | Section 15. The Open Parole Hearings Act is amended by | 14 | | changing Section 15 and by adding Section 15.1 as follows: | 15 | | (730 ILCS 105/15) (from Ch. 38, par. 1665) | 16 | | Sec. 15. Open hearings. | 17 | | (a) The Board may restrict the number of individuals | 18 | | allowed to attend parole, or parole or aftercare release | 19 | | revocation hearings in accordance with physical limitations, | 20 | | security requirements of the hearing facilities or those | 21 | | giving repetitive or cumulative testimony. The Board may also | 22 | | restrict attendance at an aftercare release or aftercare | 23 | | release revocation hearing in order to protect the | 24 | | confidentiality of the youth. |
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| 1 | | (b) The Board may deny admission or continued attendance | 2 | | at parole hearings, or parole or aftercare release revocation | 3 | | hearings to individuals who: | 4 | | (1) threaten or present danger to the security of the | 5 | | institution in which the hearing is being held; | 6 | | (2) threaten or present a danger to other attendees or | 7 | | participants; or | 8 | | (3) disrupt the hearing. | 9 | | (c) Upon formal action of a majority of the Board members | 10 | | present, the Board may close parole hearings and parole or | 11 | | aftercare release revocation hearings in order to: | 12 | | (1) deliberate upon the oral testimony and any other | 13 | | relevant information received from applicants, parolees, | 14 | | releasees, victims, or others; or | 15 | | (2) provide applicants, releasees, and parolees the | 16 | | opportunity to challenge information other than that which | 17 | | if the person's identity were to be exposed would possibly | 18 | | subject them to bodily harm or death, which they believe | 19 | | detrimental to their parole determination hearing or | 20 | | revocation proceedings. | 21 | | (d) The Board shall make all open hearings available to | 22 | | the public for live broadcast on the Board's website. The | 23 | | broadcast recording shall remain available for public viewing | 24 | | on the website for a minimum of 18 months. | 25 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .) |
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| 1 | | (730 ILCS 105/15.1 new) | 2 | | Sec. 15.1. Minutes. | 3 | | (a) The Board shall keep written minutes of all its | 4 | | meetings, whether open or closed, and a verbatim record of all | 5 | | its closed meetings in the form of an audio or video recording. | 6 | | Minutes shall include, but need not be limited to: | 7 | | (1) the date, time, and place of the meeting; | 8 | | (2) the members of the Board recorded as either | 9 | | present or absent and whether the members were physically | 10 | | present or present by means of video or audio conference; | 11 | | (3) a summary of discussion on all matters proposed, | 12 | | deliberated, or decided; and | 13 | | (4) a record of any votes taken. | 14 | | (b) The Board shall approve the minutes of its meetings, | 15 | | whether open or closed, within 5 days after that meeting or at | 16 | | the Board's second subsequent regular meeting, whichever is | 17 | | sooner. Upon approval, the minutes of all open meetings shall | 18 | | be made available for public inspection within 24 hours on the | 19 | | Board's website. | 20 | | (b-5) Every 6 months the Board shall meet to review the | 21 | | approved minutes of closed meetings. The Board shall determine | 22 | | in an open session whether (1) the need for confidentiality | 23 | | still exists as to all or part of those minutes or (2) the | 24 | | minutes or portions thereof no longer require confidential | 25 | | treatment and are available for public inspection. If the | 26 | | Board determines that all or portions of the minutes of a |
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| 1 | | closed meeting no longer require confidential treatment, the | 2 | | minutes shall be made available for public inspection within | 3 | | 24 hours of such determination on the Board's website. | 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law, except that the provisions changing Section 4.5 | 6 | | of the Rights of Crime Victims and Witnesses Act and Sections | 7 | | 3-3-8 and 3-3-9 of the Unified Code of Corrections take effect | 8 | | on July 1, 2025.". |
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