Illinois General Assembly - Full Text of Public Act 097-0299

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Public Act 097-0299

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Public Act 0299 97TH GENERAL ASSEMBLY

Public Act 097-0299

HB1928 Enrolled LRB097 09096 RLC 49231 b

    AN ACT concerning criminal law.

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

    Section 5. The Open Parole Hearings Act is amended by
changing Sections 5 and 35 as follows:

    (730 ILCS 105/5)  (from Ch. 38, par. 1655)
    Sec. 5. Definitions. As used in this Act:
    (a) "Applicant" means an inmate who is being considered for
parole by the Prisoner Review Board.
    (b) "Board" means the Prisoner Review Board as established
in Section 3-3-1 of the Unified Code of Corrections.
    (c) "Parolee" means a person subject to parole revocation
proceedings.
    (d) "Parole hearing" means the formal hearing and
determination of an inmate being considered for release from
incarceration on community supervision.
    (e) "Parole or mandatory supervised release revocation
hearing" means the formal hearing and determination of
allegations that a parolee or mandatory supervised releasee has
violated the conditions of his or her release agreement.
    (f) "Victim" means a victim or witness of a violent crime
as defined in subsection (a) of Section 3 of the Bill of Rights
for Victims and Witnesses of Violent Crime Act, or any person
legally related to the victim by blood, marriage, adoption, or
guardianship, or any friend of the victim, or any concerned
citizen.
    (g) "Violent crime" means a crime defined in subsection (c)
of Section 3 of the Bill of Rights for Victims and Witnesses of
Violent Crime Act.
(Source: P.A. 87-224.)

    (730 ILCS 105/35)  (from Ch. 38, par. 1685)
    Sec. 35. Victim impact statements.
    (a) The Board shall receive and consider victim impact
statements.
    (b) Victim ~~Written victim~~ impact statements either oral,
written, video-taped, tape recorded or made by other electronic
meansshall not be considered public documents under provisions
of the Freedom of Information Act.
    (c) The inmate or his attorney shall be informed of the
existence of a victim impact statement and its contents under
provisions of Board rules. This shall not be construed to
permit disclosure to an inmate of any information which might
result in the risk of threats or physical harm to a victim or
complaining witness.
    (d) The inmate shall be given the opportunity to answer a
victim impact statement, either orally or in writing.
    (e) All written victim impact statements shall be part of
the applicant's or parolee's parole file.
(Source: P.A. 87-224.)

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

Effective Date: 8/11/2011

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