|
|
||||
| Public Act 095-0904 |
||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Rights of Crime Victims and Witnesses Act is | ||||
amended by changing Section 4.5 as follows:
| ||||
(725 ILCS 120/4.5)
| ||||
Sec. 4.5. Procedures to implement the rights of crime | ||||
victims. To afford
crime victims their rights, law enforcement, | ||||
prosecutors, judges and
corrections will provide information, | ||||
as appropriate of the following
procedures:
| ||||
(a) At the request of the crime victim, law enforcement | ||||
authorities
investigating the case shall provide notice of the | ||||
status of the investigation,
except where the State's Attorney | ||||
determines that disclosure of such
information would | ||||
unreasonably interfere with the investigation, until such
time | ||||
as the alleged assailant is apprehended or the investigation is | ||||
closed.
| ||||
(b) The office of the State's Attorney:
| ||||
(1) shall provide notice of the filing of information, | ||||
the return of an
indictment by which a prosecution for any | ||||
violent crime is commenced, or the
filing of a petition to | ||||
adjudicate a minor as a delinquent for a violent
crime;
| ||||
(2) shall provide notice of the date, time, and place | ||||
of trial;
| ||
(3) or victim advocate personnel shall provide | ||
information of social
services and financial assistance | ||
available for victims of crime, including
information of | ||
how to apply for these services and assistance;
| ||
(4) shall assist in having any stolen or other personal | ||
property held by
law enforcement authorities for | ||
evidentiary or other purposes returned as
expeditiously as | ||
possible, pursuant to the procedures set out in Section | ||
115-9
of the Code of Criminal Procedure of 1963;
| ||
(5) or victim advocate personnel shall provide | ||
appropriate employer
intercession services to ensure that | ||
employers of victims will cooperate with
the criminal | ||
justice system in order to minimize an employee's loss of | ||
pay and
other benefits resulting from court appearances;
| ||
(6) shall provide information whenever possible, of a | ||
secure waiting
area during court proceedings that does not | ||
require victims to be in close
proximity to defendant or | ||
juveniles accused of a violent crime, and their
families | ||
and friends;
| ||
(7) shall provide notice to the crime victim of the | ||
right to have a
translator present at all court | ||
proceedings;
| ||
(8) in the case of the death of a person, which death | ||
occurred in the same
transaction or occurrence in which | ||
acts occurred for which a defendant is
charged with an | ||
offense, shall notify the spouse, parent, child or sibling | ||
of
the decedent of the date of the trial of the person or | ||
persons allegedly
responsible for the death;
| ||
(9) shall inform the victim of the right to have | ||
present at all court
proceedings, subject to the rules of | ||
evidence, an advocate or other support
person of the | ||
victim's choice, and the right to retain an attorney, at | ||
the
victim's own expense, who, upon written notice filed | ||
with the clerk of the
court and State's Attorney, is to | ||
receive copies of all notices, motions and
court orders | ||
filed thereafter in the case, in the same manner as if the | ||
victim
were a named party in the case; and
| ||
(10) at the sentencing hearing shall make a good faith | ||
attempt to explain
the minimum amount of time during which | ||
the defendant may actually be
physically imprisoned. The | ||
Office of the State's Attorney shall further notify
the | ||
crime victim of the right to request from the Prisoner | ||
Review Board
information concerning the release of the | ||
defendant under subparagraph (d)(1)
of this Section; and
| ||
(11) shall request restitution at sentencing and shall | ||
consider
restitution in any plea negotiation, as provided | ||
by law; and .
| ||
(12) shall, upon the court entering a verdict of not | ||
guilty by reason of insanity, inform the victim of the | ||
notification services available from the Department of | ||
Human Services, including the statewide telephone number, | ||
under subparagraph (d)(2) of this Section. | ||
(c) At the written request of the crime victim, the office | ||
of the State's
Attorney shall:
| ||
(1) provide notice a reasonable time in advance of the | ||
following court
proceedings: preliminary hearing, any | ||
hearing the effect of which may be the
release of defendant | ||
from custody, or to alter the conditions of bond and the
| ||
sentencing hearing. The crime victim shall also be notified | ||
of the
cancellation of the court proceeding in sufficient | ||
time, wherever possible, to
prevent an unnecessary | ||
appearance in court;
| ||
(2) provide notice within a reasonable time after | ||
receipt of notice from
the custodian, of the release of the | ||
defendant on bail or personal recognizance
or the release | ||
from detention of a minor who has been detained for a | ||
violent
crime;
| ||
(3) explain in nontechnical language the details of any | ||
plea or verdict of
a defendant, or any adjudication of a | ||
juvenile as a delinquent for a violent
crime;
| ||
(4) where practical, consult with the crime victim | ||
before the Office of
the State's Attorney makes an offer of | ||
a plea bargain to the defendant or
enters into negotiations | ||
with the defendant concerning a possible plea
agreement, | ||
and shall consider the written victim impact statement, if | ||
prepared
prior to entering into a plea agreement;
| ||
(5) provide notice of the ultimate disposition of the | ||
cases arising from
an indictment or an information, or a | ||
petition to have a juvenile adjudicated
as a delinquent for | ||
a violent crime;
| ||
(6) provide notice of any appeal taken by the defendant | ||
and information
on how to contact the appropriate agency | ||
handling the appeal;
| ||
(7) provide notice of any request for post-conviction | ||
review filed by the
defendant under Article 122 of the Code | ||
of Criminal Procedure of 1963, and of
the date, time and | ||
place of any hearing concerning the petition. Whenever
| ||
possible, notice of the hearing shall be given in advance;
| ||
(8) forward a copy of any statement presented under | ||
Section 6 to the
Prisoner Review Board to be considered by | ||
the Board in making its determination
under subsection (b) | ||
of Section 3-3-8 of the Unified Code of Corrections.
| ||
(d) (1) The Prisoner Review Board shall inform a victim or | ||
any other
concerned citizen, upon written request, of the | ||
prisoner's release on parole,
mandatory supervised release, | ||
electronic detention, work release, international transfer or | ||
exchange, or by the
custodian of the discharge of any | ||
individual who was adjudicated a delinquent
for a violent crime | ||
from State custody and by the sheriff of the appropriate
county | ||
of any such person's final discharge from county custody.
The | ||
Prisoner Review Board, upon written request, shall provide to a | ||
victim or
any other concerned citizen a recent photograph of | ||
any person convicted of a
felony, upon his or her release from | ||
custody.
The Prisoner
Review Board, upon written request, shall | ||
inform a victim or any other
concerned citizen when feasible at | ||
least 7 days prior to the prisoner's release
on furlough of the | ||
times and dates of such furlough. Upon written request by
the | ||
victim or any other concerned citizen, the State's Attorney | ||
shall notify
the person once of the times and dates of release | ||
of a prisoner sentenced to
periodic imprisonment. Notification | ||
shall be based on the most recent
information as to victim's or | ||
other concerned citizen's residence or other
location | ||
available to the notifying authority.
For purposes of this | ||
paragraph (1) of subsection (d), "concerned citizen"
includes | ||
relatives of the victim, friends of the victim, witnesses to | ||
the
crime, or any other person associated with the victim or | ||
prisoner.
| ||
(2) When the defendant has been committed to the | ||
Department of
Human Services pursuant to Section 5-2-4 or | ||
any other
provision of the Unified Code of Corrections, the | ||
victim may request to be
notified by the releasing | ||
authority of the defendant's furloughs, temporary release, | ||
or final discharge from State
custody. The Department of | ||
Human Services shall establish and maintain a statewide | ||
telephone number to be used by victims to make notification | ||
requests under these provisions, and shall publicize this | ||
telephone number on its website and to the State's Attorney | ||
of each county.
| ||
(3) In the event of an escape from State custody, the | ||
Department of
Corrections or the Department of Juvenile | ||
Justice immediately shall notify the Prisoner Review Board | ||
of the escape
and the Prisoner Review Board shall notify | ||
the victim. The notification shall
be based upon the most | ||
recent information as to the victim's residence or other
| ||
location available to the Board. When no such information | ||
is available, the
Board shall make all reasonable efforts | ||
to obtain the information and make
the notification. When | ||
the escapee is apprehended, the Department of
Corrections | ||
or the Department of Juvenile Justice immediately shall | ||
notify the Prisoner Review Board and the Board
shall notify | ||
the victim.
| ||
(4) The victim of the crime for which the prisoner has | ||
been sentenced
shall receive reasonable written notice not | ||
less than 15 days prior to the
parole hearing and may | ||
submit, in writing, on film, videotape or other
electronic | ||
means or in the form of a recording or in person at the | ||
parole
hearing
or if a victim of a violent crime, by | ||
calling the
toll-free number established in subsection (f) | ||
of this Section, information
for
consideration by the | ||
Prisoner Review Board. The
victim shall be notified within | ||
7 days after the prisoner has been granted
parole and shall | ||
be informed of the right to inspect the registry of parole
| ||
decisions, established under subsection (g) of Section | ||
3-3-5 of the Unified
Code of Corrections. The provisions of | ||
this paragraph (4) are subject to the
Open Parole Hearings | ||
Act.
| ||
(5) If a statement is presented under Section 6, the | ||
Prisoner Review Board
shall inform the victim of any order | ||
of discharge entered by the Board pursuant
to Section 3-3-8 | ||
of the Unified Code of Corrections.
| ||
(6) At the written request of the victim of the crime | ||
for which the
prisoner was sentenced, the Prisoner Review | ||
Board shall notify the victim of
the death of the prisoner | ||
if the prisoner died while on parole or mandatory
| ||
supervised release.
| ||
(7) When a defendant who has been committed to the | ||
Department of
Corrections, the Department of Juvenile | ||
Justice, or the Department of Human Services is released or | ||
discharged and
subsequently committed to the Department of | ||
Human Services as a sexually
violent person and the victim | ||
had requested to be notified by the releasing
authority of | ||
the defendant's discharge from State custody, the | ||
releasing
authority shall provide to the Department of | ||
Human Services such information
that would allow the | ||
Department of Human Services to contact the victim.
| ||
(e) The officials named in this Section may satisfy some or | ||
all of their
obligations to provide notices and other | ||
information through participation in a
statewide victim and | ||
witness notification system established by the Attorney
| ||
General under Section 8.5 of this Act.
| ||
(f) To permit a victim of a violent crime to provide | ||
information to the
Prisoner Review Board for consideration by | ||
the
Board at a parole hearing of a person who committed the | ||
crime against
the victim in accordance with clause (d)(4) of | ||
this Section or at a proceeding
to determine the conditions of | ||
mandatory supervised release of a person
sentenced to a | ||
determinate sentence or at a hearing on revocation of mandatory
| ||
supervised release of a person sentenced to a determinate | ||
sentence, the Board
shall establish a toll-free number that may | ||
be accessed by the victim of
a violent crime to present that | ||
information to the Board.
| ||
(Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07.)
| ||