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Full Text of HB0681  103rd General Assembly

HB0681sam003 103RD GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/23/2024

 

 


 

 


 
10300HB0681sam003LRB103 04272 RLC 74051 a

1
AMENDMENT TO HOUSE BILL 681

2    AMENDMENT NO. ______. Amend House Bill 681 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rights of Crime Victims and Witnesses Act
5is 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
8victims. To afford crime victims their rights, law
9enforcement, prosecutors, judges, and corrections will provide
10information, as appropriate, of the following procedures:
11    (a) At the request of the crime victim, law enforcement
12authorities investigating the case shall provide notice of the
13status of the investigation, except where the State's Attorney
14determines that disclosure of such information would
15unreasonably interfere with the investigation, until such time
16as the alleged assailant is apprehended or the investigation

 

 

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1is closed.
2    (a-5) When law enforcement authorities reopen a closed
3case to resume investigating, they shall provide notice of the
4reopening of the case, except where the State's Attorney
5determines that disclosure of such information would
6unreasonably interfere with the investigation.
7    (a-6) The Prisoner Review Board shall publish on its
8official public website and provide to registered victims
9information regarding how to submit a victim impact statement.
10The Prisoner Review Board shall consider victim impact
11statements from any registered victims. Any registered victim,
12including a person who has had a final, plenary, or
13non-emergency protective order granted under Article 112A of
14the Code of Criminal Procedure of 1963, the Illinois Domestic
15Violence Act of 1986, the Stalking No Contact Order Act, or the
16Civil No Contact Order Act may present victim statements that
17the 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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1are afforded.
2    (c-5) The following procedures shall be followed to afford
3victims the rights guaranteed by Article I, Section 8.1 of the
4Illinois 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
17or all of their obligations to provide notices and other
18information through participation in a statewide victim and
19witness notification system established by the Attorney
20General under Section 8.5 of this Act.
21    (f) The Prisoner Review Board shall establish a toll-free
22number that may be accessed by the crime victim to present a
23victim 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;
26101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.

 

 

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18-20-21; 102-813, eff. 5-13-22.)
 
2    Section 10. The Unified Code of Corrections is amended by
3changing Sections 3-3-1, 3-3-8, and 3-3-9 and by adding
4Sections 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
7Review Board.
8    (a) There shall be a Prisoner Review Board independent of
9the 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
12Governor by and with the advice and consent of the Senate. One
13member of the Board shall be designated by the Governor to be
14Chairman and shall serve as Chairman at the pleasure of the
15Governor. The members of the Board shall have had at least 5
16years of actual experience in the fields of penology,
17corrections work, law enforcement, sociology, law, education,
18social work, medicine, psychology, other behavioral sciences,
19or a combination thereof. At least 6 members so appointed must
20have at least 3 years experience in the field of juvenile
21matters. No more than 8 Board members may be members of the
22same political party.
23    Each member of the Board shall serve on a full-time basis
24and shall not hold any other salaried public office, whether
25elective or appointive, nor any other office or position of
26profit, nor engage in any other business, employment, or

 

 

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1vocation. The Chairman of the Board shall receive $35,000 a
2year, or an amount set by the Compensation Review Board,
3whichever is greater, and each other member $30,000, or an
4amount set by the Compensation Review Board, whichever is
5greater.
6    (b-5) Prior to participating in his or her first vote as a
7member of the Board, a member of the Board shall complete a
8training developed and administered by the entity
9administering the Illinois Domestic Violence Hotline, in
10consultation with the Department of Corrections. This training
11shall be tailored specifically to the members of the Board and
12shall 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
14showing completion of the annual training shall be submitted
15to and recorded by the Department of Corrections and shall be
16made available to the public upon request.
17    (c) Notwithstanding any other provision of this Section,
18the term of each member of the Board who was appointed by the
19Governor and is in office on June 30, 2003 shall terminate at
20the close of business on that date or when all of the successor
21members to be appointed pursuant to this amendatory Act of the
2293rd General Assembly have been appointed by the Governor,
23whichever occurs later. As soon as possible, the Governor
24shall appoint persons to fill the vacancies created by this
25amendatory Act.
26    Of the initial members appointed under this amendatory Act

 

 

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1of the 93rd General Assembly, the Governor shall appoint 5
2members whose terms shall expire on the third Monday in
3January 2005, 5 members whose terms shall expire on the third
4Monday in January 2007, and 5 members whose terms shall expire
5on the third Monday in January 2009. Their respective
6successors shall be appointed for terms of 6 years from the
7third Monday in January of the year of appointment. Each
8member shall serve until his or her successor is appointed and
9qualified.
10    Any member may be removed by the Governor for
11incompetence, neglect of duty, malfeasance or inability to
12serve.
13    (d) The Chairman of the Board shall be its chief executive
14and administrative officer. The Board may have an Executive
15Director; if so, the Executive Director shall be appointed by
16the Governor with the advice and consent of the Senate. The
17salary and duties of the Executive Director shall be fixed by
18the 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
22mission of the Prisoner Review Board is to promote public
23safety and strive for justice and fairness in the exercise of
24its authority. As set forth in this Article, the Board has the
25authority to impose release conditions for incarcerated

 

 

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1individuals who are exiting penal facilities and conduct
2hearings to determine whether parolees or releasees have
3violated conditions of parole or mandatory supervised release.
4The Board also has the authority to make recommendations to
5the Governor relative to clemency petitions for those
6convicted of violating Illinois laws. In exercising this
7authority, the Board seeks to render just, fair, objective,
8impartial, and informed decisions and recommendations. In
9reaching those decisions and recommendations, the Prisoner
10Review Board strives to consider public safety, the rights of
11victims of crimes, and the goal of successful rehabilitation
12and reintegration for all individuals who have been convicted
13of 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
16release; discharge.
17    (a) The length of parole for a person sentenced under the
18law in effect prior to the effective date of this amendatory
19Act of 1977 and the length of mandatory supervised release for
20those sentenced under the law in effect on and after such
21effective date shall be as set out in Section 5-8-1 unless
22sooner terminated under paragraph (b) of this Section.
23    (b) The Prisoner Review Board may enter an order releasing
24and discharging one from parole or mandatory supervised
25release, and his or her commitment to the Department, when it

 

 

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1determines that he or she is likely to remain at liberty
2without committing another offense. Prior to entering such an
3order, the Prisoner Review Board shall provide notice and a
430-day opportunity to comment to any registered victim.
5    (b-1) Provided that the subject is in compliance with the
6terms and conditions of his or her parole or mandatory
7supervised release, the Prisoner Review Board shall reduce the
8period of a parolee or releasee's parole or mandatory
9supervised release by 90 days upon the parolee or releasee
10receiving a high school diploma, associate's degree,
11bachelor's degree, career certificate, or vocational technical
12certification or upon passage of high school equivalency
13testing during the period of his or her parole or mandatory
14supervised release. A parolee or releasee shall provide
15documentation from the educational institution or the source
16of the qualifying educational or vocational credential to
17their supervising officer for verification. Each reduction in
18the period of a subject's term of parole or mandatory
19supervised release shall be available only to subjects who
20have not previously earned the relevant credential for which
21they are receiving the reduction. As used in this Section,
22"career certificate" means a certificate awarded by an
23institution for satisfactory completion of a prescribed
24curriculum that is intended to prepare an individual for
25employment in a specific field.
26    (b-2) The Prisoner Review Board may release a low-risk and

 

 

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1need subject person from mandatory supervised release as
2determined by an appropriate evidence-based risk and need
3assessment.
4    (c) The order of discharge shall become effective upon
5entry of the order of the Board. The Board shall notify the
6clerk of the committing court of the order. Upon receipt of
7such copy, the clerk shall make an entry on the record judgment
8that the sentence or commitment has been satisfied pursuant to
9the order.
10    (d) Rights of the person discharged under this Section
11shall be restored under Section 5-5-5.
12    (e) Upon a denial of early discharge under this Section,
13the Prisoner Review Board shall provide the person on parole
14or mandatory supervised release a list of steps or
15requirements that the person must complete or meet to be
16granted an early discharge at a subsequent review and share
17the process for seeking a subsequent early discharge review
18under this subsection. Upon the completion of such steps or
19requirements, the person on parole or mandatory supervised
20release may petition the Prisoner Review Board to grant them
21an early discharge review. Within no more than 30 days of a
22petition under this subsection, the Prisoner Review Board
23shall 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
2hearing; revocation of parole or mandatory supervised release;
3revocation hearing.
4    (a) If prior to expiration or termination of the term of
5parole or mandatory supervised release, a person violates a
6condition set by the Prisoner Review Board or a condition of
7parole or mandatory supervised release under Section 3-3-7 of
8this 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
22release for violation of a condition for the duration of the
23term and for any further period which is reasonably necessary
24for the adjudication of matters arising before its expiration.
25The issuance of a warrant of arrest for an alleged violation of
26the conditions of parole or mandatory supervised release shall

 

 

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1toll the running of the term until the final determination of
2the charge. When parole or mandatory supervised release is not
3revoked that period shall be credited to the term, unless a
4community-based sanction is imposed as an alternative to
5revocation and reincarceration, including a diversion
6established by the Illinois Department of Corrections Parole
7Services Unit prior to the holding of a preliminary parole
8revocation hearing. Parolees who are diverted to a
9community-based sanction shall serve the entire term of parole
10or mandatory supervised release, if otherwise appropriate.
11    (b-5) The Board shall revoke parole or mandatory
12supervised release for violation of the conditions prescribed
13in paragraph (7.6) of subsection (a) of Section 3-3-7.
14    (c) A person charged with violating a condition of parole
15or mandatory supervised release shall have a preliminary
16hearing before a hearing officer designated by the Board to
17determine if there is cause to hold the person for a revocation
18hearing. However, no preliminary hearing need be held when
19revocation is based upon new criminal charges and a court
20finds probable cause on the new criminal charges or when the
21revocation is based upon a new criminal conviction and a
22certified copy of that conviction is available. The Board
23shall provide a victim with notice of a preliminary hearing at
24least 72 hours prior to such hearing if the victim has
25previously requested notification of that information.
26    (d) Parole or mandatory supervised release shall not be

 

 

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1revoked without written notice to the offender setting forth
2the violation of parole or mandatory supervised release
3charged against him or her. Before the Board makes a decision
4on whether to revoke an offender's parole or mandatory
5supervised release, the Prisoner Review Board must run a LEADS
6report. The Board shall publish on the Board's publicly
7accessible website the name and identification number of
8offenders alleged to have violated terms of parole or
9mandatory supervised release, the Board's decision whether to
10revoke parole or mandatory supervised release, and the names
11of the voting Board members. This information shall only be
12accessible while the offender is in State custody.
13    (e) A hearing on revocation shall be conducted before at
14least one member of the Prisoner Review Board. The Board may
15meet and order its actions in panels of 3 or more members. The
16action of a majority of the panel shall be the action of the
17Board. A record of the hearing shall be made. At the hearing
18the 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
22on revocation at least 72 hours prior to the hearing if the
23victim had previously requested notification of that
24information.
25    (f) The Board shall either revoke parole or mandatory
26supervised release or order the person's term continued with

 

 

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1or without modification or enlargement of the conditions. The
2Board shall immediately notify the victim of its decision if
3the victim has previously requested that information.
4    (g) Parole or mandatory supervised release shall not be
5revoked for failure to make payments under the conditions of
6parole or release unless the Board determines that such
7failure 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
12created under the Illinois Sentencing Policy Advisory Council
13and hereinafter shall be referred to as the Task Force.
14    (b) Purposes and goals. The purpose of the Task Force is to
15study 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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1of 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
8members and members of the General Assembly, and the Chair of
9the Task Force shall be appointed by the Executive Director of
10the Illinois Sentencing Policy Advisory Council.
11    (d) Duties. The Task Force shall conduct studies of the
12topics included in paragraph (b) and make a report
13recommending legislative actions to address any issues found.
14    (e) Report. The Task Force shall provide an interim report
15describing its work-to-date to the General Assembly and
16Governor by no later than July 1, 2025. The Task Force shall
17provide a full report, outlining issues and recommendations,
18to the General Assembly and Governor by no later than July 1,
192026. Upon issuance of the final report, the Task Force shall
20thereafter be dissolved.
 
21    (730 ILCS 5/3-14-1.1 new)
22    Sec. 3-14-1.1. Notification of release. Prior to the
23release of a person from its custody onto parole, mandatory
24supervised release, or final discharge, the Department shall
25run a LEADS report on the person to be released and shall

 

 

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1provide notice of the person's release to any person who has
2been granted a protective order under Article 112A of the Code
3of Criminal Procedure of 1963, the Illinois Domestic Violence
4Act of 1986, the Stalking No Contact Order Act, or the Civil No
5Contact Order Act against the person to be released that is in
6effect at the time of the person's release. The Department
7shall provide the Office of the Attorney General with the name
8of the person to be released. Upon receipt of the name of the
9person to be released, the Office of the Attorney General
10shall provide notice of the person's release to all persons
11who are registered with the VINE notification system regarding
12the person to be released from Department custody.
 
13    Section 15. The Open Parole Hearings Act is amended by
14changing 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
18allowed to attend parole, or parole or aftercare release
19revocation hearings in accordance with physical limitations,
20security requirements of the hearing facilities or those
21giving repetitive or cumulative testimony. The Board may also
22restrict attendance at an aftercare release or aftercare
23release revocation hearing in order to protect the
24confidentiality of the youth.

 

 

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1    (b) The Board may deny admission or continued attendance
2at parole hearings, or parole or aftercare release revocation
3hearings 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
10present, the Board may close parole hearings and parole or
11aftercare 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
22the public for live broadcast on the Board's website. The
23broadcast recording shall remain available for public viewing
24on 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
4meetings, whether open or closed, and a verbatim record of all
5its closed meetings in the form of an audio or video recording.
6Minutes 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,
15whether open or closed, within 5 days after that meeting or at
16the Board's second subsequent regular meeting, whichever is
17sooner. Upon approval, the minutes of all open meetings shall
18be made available for public inspection within 24 hours on the
19Board's website.
20    (b-5) Every 6 months the Board shall meet to review the
21approved minutes of closed meetings. The Board shall determine
22in an open session whether (1) the need for confidentiality
23still exists as to all or part of those minutes or (2) the
24minutes or portions thereof no longer require confidential
25treatment and are available for public inspection. If the
26Board determines that all or portions of the minutes of a

 

 

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1closed meeting no longer require confidential treatment, the
2minutes shall be made available for public inspection within
324 hours of such determination on the Board's website.
 
4    Section 20. The Illinois Domestic Violence Act of 1986 is
5amended by changing Section 201 as follows:
 
6    (750 ILCS 60/201)  (from Ch. 40, par. 2312-1)
7    Sec. 201. Persons protected by this Act.
8    (a) The following persons are protected by this Act:
9        (i) any person abused by a family or household member;
10        (ii) any high-risk adult with disabilities who is
11    abused, neglected, or exploited by a family or household
12    member;
13        (iii) any minor child or dependent adult in the care
14    of such person;
15        (iv) any person residing or employed at a private home
16    or public shelter which is housing an abused family or
17    household member; and
18        (v) any of the following persons if the person is
19    abused by a family or household member of a child:
20            (A) a foster parent of that child if the child has
21        been placed in the foster parent's home by the
22        Department of Children and Family Services or by
23        another state's public child welfare agency;
24            (B) a legally appointed guardian or legally

 

 

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1        appointed custodian of that child;
2            (C) an adoptive parent of that child; or
3            (D) a prospective adoptive parent of that child if
4        the child has been placed in the prospective adoptive
5        parent's home pursuant to the Adoption Act or pursuant
6        to another state's law.
7        For purposes of this paragraph (a)(v), individuals who
8    would have been considered "family or household members"
9    of the child under subsection (6) of Section 103 of this
10    Act before a termination of the parental rights with
11    respect to the child continue to meet the definition of
12    "family or household members" of the child.
13    (b) A petition for an order of protection may be filed
14only:
15        (i) by a person who has been abused by a family or
16    household member or by any person on behalf of a minor
17    child or an adult who has been abused by a family or
18    household member and who, because of age, health,
19    disability, or inaccessibility, cannot file the petition;
20        (ii) by any person on behalf of a high-risk adult with
21    disabilities who has been abused, neglected, or exploited
22    by a family or household member; or
23        (iii) any of the following persons if the person is
24    abused by a family or household member of a child:
25            (A) a foster parent of that child if the child has
26        been placed in the foster parent's home by the

 

 

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1        Department of Children and Family Services or by
2        another state's public child welfare agency;
3            (B) a legally appointed guardian or legally
4        appointed custodian of that child;
5            (C) an adoptive parent of that child;
6            (D) a prospective adoptive parent of that child if
7        the child has been placed in the prospective adoptive
8        parent's home pursuant to the Adoption Act or pursuant
9        to another state's law.
10        For purposes of this paragraph (b)(iii), individuals
11    who would have been considered "family or household
12    members" of the child under subsection (6) of Section 103
13    of this Act before a termination of the parental rights
14    with respect to the child continue to meet the definition
15    of "family or household members" of the child; .
16        (iv) by a crime victim who was abused by an offender
17    prior to the incarceration of the offender in a penal
18    institution and which offender is incarcerated in a penal
19    institution at the time of the filing of the petition; or
20        (v) by any person who has previously suffered abuse by
21    a person convicted of domestic battery, aggravated
22    domestic battery, aggravated battery, or other offense
23    that would constitute domestic violence or for a violent
24    crime, as defined in Section 3 of the Rights of Crime
25    Victims and Witnesses Act, committed against another
26    person.

 

 

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1    (b-1) A petition for an order of protection issued under
2paragraph (b)(i), (b)(ii), (b)(iii), (b)(iv), or (b)(v) may
3not be denied solely upon the basis that the respondent is
4incarcerated in a penal institution at the time of the filing
5of the petition.
6    (c) Any petition properly filed under this Act may seek
7protection for any additional persons protected by this Act.
8    (d) Any existing order of protection against a person is
9automatically tolled while the offender is incarcerated in a
10penal institution and automatically resumes upon the
11offender's release from incarceration.
12(Source: P.A. 100-639, eff. 1-1-19.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law, except that the provisions changing Section 4.5
15of the Rights of Crime Victims and Witnesses Act and Sections
163-3-8 and 3-3-9 of the Unified Code of Corrections take effect
17on July 1, 2025.".