Public Act 098-0372
 
HB0827 EnrolledLRB098 03662 RLC 33678 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 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.

    (a-5) When law enforcement authorities re-open a closed 
case to resume investigating, they shall provide notice of the 
re-opening of the case, except where the State's Attorney 
determines that disclosure of such information would 
unreasonably interfere with the investigation. 
    (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;

        (3.5) or victim advocate personnel shall provide 
    information about available victim services, including 
    referrals to programs, counselors, and agencies that 
    assist a victim  to deal with trauma, loss, and grief; 

        (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 
    and, in  compliance with the federal Americans
with 
    Disabilities Act of 1990, the right to communications 
    access through a
sign language interpreter or by other 
    means;


        (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;

        (9.5)  shall inform the victim of (A)  the victim's right 
    under Section 6 of this Act to make a victim impact 
    statement at the sentencing hearing; (B)  the right of the 
    victim's spouse, guardian, parent, grandparent and other 
    immediate family and household members under Section 6 of 
    this Act to present an impact statement at sentencing; and 
    (C) if a presentence report is to be prepared, the right of 
    the victim's spouse, guardian, parent, grandparent and 
    other immediate family and household members to submit 
    information to the preparer of the presentence report about 
    the effect the offense has had on the victim and the 
    person; 

        (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;


        (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.



    (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 
approval by the court of an on-grounds pass, a supervised 
off-grounds pass, an unsupervised off-grounds pass, or 
conditional release; the release on an off-grounds pass; the 
return from an off-grounds pass; transfer to another facility; 
conditional release; escape; death; 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 
30 days prior to the
parole interview 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
interview
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 or the State's Attorney of the 
county where the person seeking parole was prosecuted, the 
Prisoner Review Board shall notify the victim and the State's 
Attorney of the county where the person seeking parole was 
prosecuted 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, conditional release, death, or escape 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.

    (8) When a defendant has been convicted of a sex offense as 
defined in Section 2 of the Sex Offender Registration Act and 
has been sentenced to the Department of Corrections or the 
Department of Juvenile Justice, the Prisoner Review Board shall 
notify the victim of the sex offense of the prisoner's 
eligibility for 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 sex 
offense from State custody and by the sheriff of the 
appropriate
county of any such person's final discharge from 
county custody.  The notification shall be made to the victim at 
least 30 days, whenever possible, before release of the sex 
offender. 
    (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. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10; 
97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, eff. 7-13-12; 
97-815, eff. 1-1-13.)

 
    Section 10. The Unified Code of Corrections is amended  by 
changing Section 5-3-2 as follows:
 
    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)


    Sec. 5-3-2. Presentence Report.

    (a) In felony cases, the presentence
report shall set 
forth:


        (1) the defendant's history of delinquency or 
    criminality,
physical and mental history and condition, 
    family situation and
background, economic status, 
    education, occupation and personal habits;


        (2) information about special resources within the 
    community
which might be available to assist the 
    defendant's rehabilitation,
including treatment centers, 
    residential facilities, vocational
training services, 
    correctional manpower programs, employment
opportunities, 
    special educational programs, alcohol and drug
abuse 
    programming, psychiatric and marriage counseling, and 
    other
programs and facilities which could aid the 
    defendant's successful
reintegration into society;


        (3) the effect the offense committed has had upon the 
    victim or
victims thereof, and any compensatory benefit 
    that various
sentencing alternatives would confer on such 
    victim or victims;


        (3.5) information provided by the victim's spouse, 
    guardian, parent, grandparent, and other immediate family 
    and household members about the effect the offense 
    committed has had on the victim and on the person providing 
    the information;  if the victim's spouse, guardian, parent, 
    grandparent, or other immediate family or household member 
    has provided a written statement, the statement shall be 
    attached to the report; 
        (4) information concerning the defendant's status 
    since arrest,
including his record if released on his own 
    recognizance, or the
defendant's achievement record if 
    released on a conditional
pre-trial supervision program;


        (5) when appropriate, a plan, based upon the personal, 
    economic
and social adjustment needs of the defendant, 
    utilizing public and
private community resources as an 
    alternative to institutional
sentencing;


        (6) any other matters that the investigatory officer 
    deems
relevant or the court directs to be included; and


        (7) information concerning defendant's eligibility for 
    a sentence to a
county impact incarceration program under 
    Section 5-8-1.2 of this Code.


    (b) The investigation shall include a physical and mental

examination of the defendant when so ordered by the court.  If

the court determines that such an examination should be made, 
it
shall issue an order that the defendant submit to 
examination at
such time and place as designated by the court 
and that such
examination be conducted by a physician, 
psychologist or
psychiatrist designated by the court.  Such an 
examination may
be conducted in a court clinic if so ordered by 
the court.  The
cost of such examination shall be paid by the 
county in which
the trial is held.


    (b-5) In cases involving felony sex offenses in which the 
offender is being considered for probation only or any felony 
offense that is
sexually motivated as defined in the Sex 
Offender Management Board Act in which the offender is being 
considered for probation only, the
investigation shall include 
a sex offender evaluation by an evaluator approved
by the Board 
and conducted in conformance with the standards developed under

the Sex Offender Management Board Act. In cases in which the 
offender is being considered for any mandatory prison sentence, 
the investigation shall not include a sex offender evaluation.


    (c) In misdemeanor, business offense or petty offense 
cases, except as
specified in subsection (d) of this Section, 
when a presentence report has
been ordered by the court, such 
presentence report shall contain
information on the 
defendant's history of delinquency or criminality and
shall 
further contain only those matters listed in any of paragraphs 
(1)
through (6) of subsection (a) or in subsection (b) of this 
Section  as are
specified by the court in its order for the 
report.


    (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or 
12-30 of the Criminal
Code of 1961 or the Criminal Code of 
2012, the presentence report shall set forth
information about 
alcohol, drug abuse, psychiatric, and marriage counseling
or 
other treatment programs and facilities, information on the 
defendant's
history of delinquency or criminality, and shall 
contain those additional
matters listed in any of paragraphs 
(1) through (6) of subsection (a) or in
subsection (b) of this 
Section as are specified by the court.


    (e) Nothing in this Section shall cause the defendant to be

held without bail or to have his bail revoked for the purpose

of preparing the presentence report or making an examination.


(Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section 
970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. 
7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)