HB3584 Engrossed LRB101 08458 SLF 53534 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Rights of Crime Victims and Witnesses Act is
5		amended by changing Sections 4.5 and 6 as follows:
6		(725 ILCS 120/4.5)
7		Sec. 4.5. Procedures to implement the rights of crime
8		victims. To afford crime victims their rights, law enforcement,
9		prosecutors, judges, and corrections will provide information,
10		as appropriate, of the following procedures:
11		(a) At the request of the crime victim, law enforcement
12		authorities investigating the case shall provide notice of the
13		status of the investigation, except where the State's Attorney
14		determines that disclosure of such information would
15		unreasonably interfere with the investigation, until such time
16		as the alleged assailant is apprehended or the investigation is
17		closed.
18		(a-5) When law enforcement authorities reopen re-open a
19		closed case to resume investigating, they shall provide notice
20		of the reopening re-opening of the case, except where the
21		State's Attorney determines that disclosure of such
22		information would unreasonably interfere with the
23		investigation.

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1		(b) The office of the State's Attorney:
2		(1) shall provide notice of the filing of an
3		information, the return of an indictment, or the filing of
4		a petition to adjudicate a minor as a delinquent for a
5		violent crime;
6		(2) shall provide timely notice of the date, time, and
7		place of court proceedings; of any change in the date,
8		time, and place of court proceedings; and of any
9		cancellation of court proceedings. Notice shall be
10		provided in sufficient time, wherever possible, for the
11		victim to make arrangements to attend or to prevent an
12		unnecessary appearance at court proceedings;
13		(3) or victim advocate personnel shall provide
14		information of social services and financial assistance
15		available for victims of crime, including information of
16		how to apply for these services and assistance;
17		(3.5) or victim advocate personnel shall provide
18		information about available victim services, including
19		referrals to programs, counselors, and agencies that
20		assist a victim to deal with trauma, loss, and grief;
21		(4) shall assist in having any stolen or other personal
22		property held by law enforcement authorities for
23		evidentiary or other purposes returned as expeditiously as
24		possible, pursuant to the procedures set out in Section
25		115-9 of the Code of Criminal Procedure of 1963;
26		(5) or victim advocate personnel shall provide

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1		appropriate employer intercession services to ensure that
2		employers of victims will cooperate with the criminal
3		justice system in order to minimize an employee's loss of
4		pay and other benefits resulting from court appearances;
5		(6) shall provide, whenever possible, a secure waiting
6		area during court proceedings that does not require victims
7		to be in close proximity to defendants or juveniles accused
8		of a violent crime, and their families and friends;
9		(7) shall provide notice to the crime victim of the
10		right to have a translator present at all court proceedings
11		and, in compliance with the federal Americans with
12		Disabilities Act of 1990, the right to communications
13		access through a sign language interpreter or by other
14		means;
15		(8) (blank);
16		(8.5) shall inform the victim of the right to be
17		present at all court proceedings, unless the victim is to
18		testify and the court determines that the victim's
19		testimony would be materially affected if the victim hears
20		other testimony at trial;
21		(9) shall inform the victim of the right to have
22		present at all court proceedings, subject to the rules of
23		evidence and confidentiality, an advocate and other
24		support person of the victim's choice;
25		(9.3) shall inform the victim of the right to retain an
26		attorney, at the victim's own expense, who, upon written

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1		notice filed with the clerk of the court and State's
2		Attorney, is to receive copies of all notices, motions, and
3		court orders filed thereafter in the case, in the same
4		manner as if the victim were a named party in the case;
5		(9.5) shall inform the victim of (A) the victim's right
6		under Section 6 of this Act to make a statement at the
7		sentencing hearing; (B) the right of the victim's spouse,
8		guardian, parent, grandparent, and other immediate family
9		and household members under Section 6 of this Act to
10		present a statement at sentencing; and (C) if a presentence
11		report is to be prepared, the right of the victim's spouse,
12		guardian, parent, grandparent, and other immediate family
13		and household members to submit information to the preparer
14		of the presentence report about the effect the offense has
15		had on the victim and the person;
16		(10) at the sentencing shall make a good faith attempt
17		to explain the minimum amount of time during which the
18		defendant may actually be physically imprisoned. The
19		Office of the State's Attorney shall further notify the
20		crime victim of the right to request from the Prisoner
21		Review Board or Department of Juvenile Justice information
22		concerning the release of the defendant;
23		(11) shall request restitution at sentencing and as
24		part of a plea agreement if the victim requests
25		restitution;
26		(12) shall, upon the court entering a verdict of not

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1		guilty by reason of insanity, inform the victim of the
2		notification services available from the Department of
3		Human Services, including the statewide telephone number,
4		under subparagraph (d)(2) of this Section;
5		(13) shall provide notice within a reasonable time
6		after receipt of notice from the custodian, of the release
7		of the defendant on bail or personal recognizance or the
8		release from detention of a minor who has been detained;
9		(14) shall explain in nontechnical language the
10		details of any plea or verdict of a defendant, or any
11		adjudication of a juvenile as a delinquent;
12		(15) shall make all reasonable efforts to consult with
13		the crime victim before the Office of the State's Attorney
14		makes an offer of a plea bargain to the defendant or enters
15		into negotiations with the defendant concerning a possible
16		plea agreement, and shall consider the written statement,
17		if prepared prior to entering into a plea agreement. The
18		right to consult with the prosecutor does not include the
19		right to veto a plea agreement or to insist the case go to
20		trial. If the State's Attorney has not consulted with the
21		victim prior to making an offer or entering into plea
22		negotiations with the defendant, the Office of the State's
23		Attorney shall notify the victim of the offer or the
24		negotiations within 2 business days and confer with the
25		victim;
26		(16) shall provide notice of the ultimate disposition

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1		of the cases arising from an indictment or an information,
2		or a petition to have a juvenile adjudicated as a
3		delinquent for a violent crime;
4		(17) shall provide notice of any appeal taken by the
5		defendant and information on how to contact the appropriate
6		agency handling the appeal, and how to request notice of
7		any hearing, oral argument, or decision of an appellate
8		court;
9		(18) shall provide timely notice of any request for
10		post-conviction review filed by the defendant under
11		Article 122 of the Code of Criminal Procedure of 1963, and
12		of the date, time and place of any hearing concerning the
13		petition. Whenever possible, notice of the hearing shall be
14		given within 48 hours of the court's scheduling of the
15		hearing; and
16		(19) shall forward a copy of any statement presented
17		under Section 6 to the Prisoner Review Board or Department
18		of Juvenile Justice to be considered in making a
19		determination under Section 3-2.5-85 or subsection (b) of
20		Section 3-3-8 of the Unified Code of Corrections.
21		(c) The court shall ensure that the rights of the victim
22		are afforded.
23		(c-5) The following procedures shall be followed to afford
24		victims the rights guaranteed by Article I, Section 8.1 of the
25		Illinois Constitution:
26		(1) Written notice. A victim may complete a written

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1		notice of intent to assert rights on a form prepared by the
2		Office of the Attorney General and provided to the victim
3		by the State's Attorney. The victim may at any time provide
4		a revised written notice to the State's Attorney. The
5		State's Attorney shall file the written notice with the
6		court. At the beginning of any court proceeding in which
7		the right of a victim may be at issue, the court and
8		prosecutor shall review the written notice to determine
9		whether the victim has asserted the right that may be at
10		issue.
11		(2) Victim's retained attorney. A victim's attorney
12		shall file an entry of appearance limited to assertion of
13		the victim's rights. Upon the filing of the entry of
14		appearance and service on the State's Attorney and the
15		defendant, the attorney is to receive copies of all
16		notices, motions and court orders filed thereafter in the
17		case.
18		(3) Standing. The victim has standing to assert the
19		rights enumerated in subsection (a) of Article I, Section
20		8.1 of the Illinois Constitution and the statutory rights
21		under Section 4 of this Act in any court exercising
22		jurisdiction over the criminal case. The prosecuting
23		attorney, a victim, or the victim's retained attorney may
24		assert the victim's rights. The defendant in the criminal
25		case has no standing to assert a right of the victim in any
26		court proceeding, including on appeal.

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1		(4) Assertion of and enforcement of rights.
2		(A) The prosecuting attorney shall assert a
3		victim's right or request enforcement of a right by
4		filing a motion or by orally asserting the right or
5		requesting enforcement in open court in the criminal
6		case outside the presence of the jury. The prosecuting
7		attorney shall consult with the victim and the victim's
8		attorney regarding the assertion or enforcement of a
9		right. If the prosecuting attorney decides not to
10		assert or enforce a victim's right, the prosecuting
11		attorney shall notify the victim or the victim's
12		attorney in sufficient time to allow the victim or the
13		victim's attorney to assert the right or to seek
14		enforcement of a right.
15		(B) If the prosecuting attorney elects not to
16		assert a victim's right or to seek enforcement of a
17		right, the victim or the victim's attorney may assert
18		the victim's right or request enforcement of a right by
19		filing a motion or by orally asserting the right or
20		requesting enforcement in open court in the criminal
21		case outside the presence of the jury.
22		(C) If the prosecuting attorney asserts a victim's
23		right or seeks enforcement of a right, and the court
24		denies the assertion of the right or denies the request
25		for enforcement of a right, the victim or victim's
26		attorney may file a motion to assert the victim's right

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1		or to request enforcement of the right within 10 days
2		of the court's ruling. The motion need not demonstrate
3		the grounds for a motion for reconsideration. The court
4		shall rule on the merits of the motion.
5		(D) The court shall take up and decide any motion
6		or request asserting or seeking enforcement of a
7		victim's right without delay, unless a specific time
8		period is specified by law or court rule. The reasons
9		for any decision denying the motion or request shall be
10		clearly stated on the record.
11		(5) Violation of rights and remedies.
12		(A) If the court determines that a victim's right
13		has been violated, the court shall determine the
14		appropriate remedy for the violation of the victim's
15		right by hearing from the victim and the parties,
16		considering all factors relevant to the issue, and then
17		awarding appropriate relief to the victim.
18		(A-5) Consideration of an issue of a substantive
19		nature or an issue that implicates the constitutional
20		or statutory right of a victim at a court proceeding
21		labeled as a status hearing shall constitute a per se
22		violation of a victim's right.
23		(B) The appropriate remedy shall include only
24		actions necessary to provide the victim the right to
25		which the victim was entitled and may include reopening
26		previously held proceedings; however, in no event

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1		shall the court vacate a conviction. Any remedy shall
2		be tailored to provide the victim an appropriate remedy
3		without violating any constitutional right of the
4		defendant. In no event shall the appropriate remedy be
5		a new trial, damages, or costs.
6		(6) Right to be heard. Whenever a victim has the right
7		to be heard, the court shall allow the victim to exercise
8		the right in any reasonable manner the victim chooses.
9		(7) Right to attend trial. A party must file a written
10		motion to exclude a victim from trial at least 60 days
11		prior to the date set for trial. The motion must state with
12		specificity the reason exclusion is necessary to protect a
13		constitutional right of the party, and must contain an
14		offer of proof. The court shall rule on the motion within
15		30 days. If the motion is granted, the court shall set
16		forth on the record the facts that support its finding that
17		the victim's testimony will be materially affected if the
18		victim hears other testimony at trial.
19		(8) Right to have advocate and support person present
20		at court proceedings.
21		(A) A party who intends to call an advocate as a
22		witness at trial must seek permission of the court
23		before the subpoena is issued. The party must file a
24		written motion at least 90 days before trial that sets
25		forth specifically the issues on which the advocate's
26		testimony is sought and an offer of proof regarding (i)

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1		the content of the anticipated testimony of the
2		advocate; and (ii) the relevance, admissibility, and
3		materiality of the anticipated testimony. The court
4		shall consider the motion and make findings within 30
5		days of the filing of the motion. If the court finds by
6		a preponderance of the evidence that: (i) the
7		anticipated testimony is not protected by an absolute
8		privilege; and (ii) the anticipated testimony contains
9		relevant, admissible, and material evidence that is
10		not available through other witnesses or evidence, the
11		court shall issue a subpoena requiring the advocate to
12		appear to testify at an in camera hearing. The
13		prosecuting attorney and the victim shall have 15 days
14		to seek appellate review before the advocate is
15		required to testify at an ex parte in camera
16		proceeding.
17		The prosecuting attorney, the victim, and the
18		advocate's attorney shall be allowed to be present at
19		the ex parte in camera proceeding. If, after conducting
20		the ex parte in camera hearing, the court determines
21		that due process requires any testimony regarding
22		confidential or privileged information or
23		communications, the court shall provide to the
24		prosecuting attorney, the victim, and the advocate's
25		attorney a written memorandum on the substance of the
26		advocate's testimony. The prosecuting attorney, the

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1		victim, and the advocate's attorney shall have 15 days
2		to seek appellate review before a subpoena may be
3		issued for the advocate to testify at trial. The
4		presence of the prosecuting attorney at the ex parte in
5		camera proceeding does not make the substance of the
6		advocate's testimony that the court has ruled
7		inadmissible subject to discovery.
8		(B) If a victim has asserted the right to have a
9		support person present at the court proceedings, the
10		victim shall provide the name of the person the victim
11		has chosen to be the victim's support person to the
12		prosecuting attorney, within 60 days of trial. The
13		prosecuting attorney shall provide the name to the
14		defendant. If the defendant intends to call the support
15		person as a witness at trial, the defendant must seek
16		permission of the court before a subpoena is issued.
17		The defendant must file a written motion at least 45
18		days prior to trial that sets forth specifically the
19		issues on which the support person will testify and an
20		offer of proof regarding: (i) the content of the
21		anticipated testimony of the support person; and (ii)
22		the relevance, admissibility, and materiality of the
23		anticipated testimony.
24		If the prosecuting attorney intends to call the
25		support person as a witness during the State's
26		case-in-chief, the prosecuting attorney shall inform

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1		the court of this intent in the response to the
2		defendant's written motion. The victim may choose a
3		different person to be the victim's support person. The
4		court may allow the defendant to inquire about matters
5		outside the scope of the direct examination during
6		cross-examination cross examination. If the court
7		allows the defendant to do so, the support person shall
8		be allowed to remain in the courtroom after the support
9		person has testified. A defendant who fails to question
10		the support person about matters outside the scope of
11		direct examination during the State's case-in-chief
12		waives the right to challenge the presence of the
13		support person on appeal. The court shall allow the
14		support person to testify if called as a witness in the
15		defendant's case-in-chief or the State's rebuttal.
16		If the court does not allow the defendant to
17		inquire about matters outside the scope of the direct
18		examination, the support person shall be allowed to
19		remain in the courtroom after the support person has
20		been called by the defendant or the defendant has
21		rested. The court shall allow the support person to
22		testify in the State's rebuttal.
23		If the prosecuting attorney does not intend to call
24		the support person in the State's case-in-chief, the
25		court shall verify with the support person whether the
26		support person, if called as a witness, would testify

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1		as set forth in the offer of proof. If the court finds
2		that the support person would testify as set forth in
3		the offer of proof, the court shall rule on the
4		relevance, materiality, and admissibility of the
5		anticipated testimony. If the court rules the
6		anticipated testimony is admissible, the court shall
7		issue the subpoena. The support person may remain in
8		the courtroom after the support person testifies and
9		shall be allowed to testify in rebuttal.
10		If the court excludes the victim's support person
11		during the State's case-in-chief, the victim shall be
12		allowed to choose another support person to be present
13		in court.
14		If the victim fails to designate a support person
15		within 60 days of trial and the defendant has
16		subpoenaed the support person to testify at trial, the
17		court may exclude the support person from the trial
18		until the support person testifies. If the court
19		excludes the support person the victim may choose
20		another person as a support person.
21		(9) Right to notice and hearing before disclosure of
22		confidential or privileged information or records. A
23		defendant who seeks to subpoena records of or concerning
24		the victim that are confidential or privileged by law must
25		seek permission of the court before the subpoena is issued.
26		The defendant must file a written motion and an offer of

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1		proof regarding the relevance, admissibility and
2		materiality of the records. If the court finds by a
3		preponderance of the evidence that: (A) the records are not
4		protected by an absolute privilege and (B) the records
5		contain relevant, admissible, and material evidence that
6		is not available through other witnesses or evidence, the
7		court shall issue a subpoena requiring a sealed copy of the
8		records be delivered to the court to be reviewed in camera.
9		If, after conducting an in camera review of the records,
10		the court determines that due process requires disclosure
11		of any portion of the records, the court shall provide
12		copies of what it intends to disclose to the prosecuting
13		attorney and the victim. The prosecuting attorney and the
14		victim shall have 30 days to seek appellate review before
15		the records are disclosed to the defendant. The disclosure
16		of copies of any portion of the records to the prosecuting
17		attorney does not make the records subject to discovery.
18		(10) Right to notice of court proceedings. If the
19		victim is not present at a court proceeding in which a
20		right of the victim is at issue, the court shall ask the
21		prosecuting attorney whether the victim was notified of the
22		time, place, and purpose of the court proceeding and that
23		the victim had a right to be heard at the court proceeding.
24		If the court determines that timely notice was not given or
25		that the victim was not adequately informed of the nature
26		of the court proceeding, the court shall not rule on any

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1		substantive issues, accept a plea, or impose a sentence and
2		shall continue the hearing for the time necessary to notify
3		the victim of the time, place and nature of the court
4		proceeding. The time between court proceedings shall not be
5		attributable to the State under Section 103-5 of the Code
6		of Criminal Procedure of 1963.
7		(11) Right to timely disposition of the case. A victim
8		has the right to timely disposition of the case so as to
9		minimize the stress, cost, and inconvenience resulting
10		from the victim's involvement in the case. Before ruling on
11		a motion to continue trial or other court proceeding, the
12		court shall inquire into the circumstances for the request
13		for the delay and, if the victim has provided written
14		notice of the assertion of the right to a timely
15		disposition, and whether the victim objects to the delay.
16		If the victim objects, the prosecutor shall inform the
17		court of the victim's objections. If the prosecutor has not
18		conferred with the victim about the continuance, the
19		prosecutor shall inform the court of the attempts to
20		confer. If the court finds the attempts of the prosecutor
21		to confer with the victim were inadequate to protect the
22		victim's right to be heard, the court shall give the
23		prosecutor at least 3 but not more than 5 business days to
24		confer with the victim. In ruling on a motion to continue,
25		the court shall consider the reasons for the requested
26		continuance, the number and length of continuances that

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1		have been granted, the victim's objections and procedures
2		to avoid further delays. If a continuance is granted over
3		the victim's objection, the court shall specify on the
4		record the reasons for the continuance and the procedures
5		that have been or will be taken to avoid further delays.
6		(12) Right to Restitution.
7		(A) If the victim has asserted the right to
8		restitution and the amount of restitution is known at
9		the time of sentencing, the court shall enter the
10		judgment of restitution at the time of sentencing.
11		(B) If the victim has asserted the right to
12		restitution and the amount of restitution is not known
13		at the time of sentencing, the prosecutor shall, within
14		5 days after sentencing, notify the victim what
15		information and documentation related to restitution
16		is needed and that the information and documentation
17		must be provided to the prosecutor within 45 days after
18		sentencing. Failure to timely provide information and
19		documentation related to restitution shall be deemed a
20		waiver of the right to restitution. The prosecutor
21		shall file and serve within 60 days after sentencing a
22		proposed judgment for restitution and a notice that
23		includes information concerning the identity of any
24		victims or other persons seeking restitution, whether
25		any victim or other person expressly declines
26		restitution, the nature and amount of any damages

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1		together with any supporting documentation, a
2		restitution amount recommendation, and the names of
3		any co-defendants and their case numbers. Within 30
4		days after receipt of the proposed judgment for
5		restitution, the defendant shall file any objection to
6		the proposed judgment, a statement of grounds for the
7		objection, and a financial statement. If the defendant
8		does not file an objection, the court may enter the
9		judgment for restitution without further proceedings.
10		If the defendant files an objection and either party
11		requests a hearing, the court shall schedule a hearing.
12		(13) Access to presentence reports.
13		(A) The victim may request a copy of the
14		presentence report prepared under the Unified Code of
15		Corrections from the State's Attorney. The State's
16		Attorney shall redact the following information before
17		providing a copy of the report:
18		(i) the defendant's mental history and
19		condition;
20		(ii) any evaluation prepared under subsection
21		(b) or (b-5) of Section 5-3-2; and
22		(iii) the name, address, phone number, and
23		other personal information about any other victim.
24		(B) The State's Attorney or the defendant may
25		request the court redact other information in the
26		report that may endanger the safety of any person.

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1		(C) The State's Attorney may orally disclose to the
2		victim any of the information that has been redacted if
3		there is a reasonable likelihood that the information
4		will be stated in court at the sentencing.
5		(D) The State's Attorney must advise the victim
6		that the victim must maintain the confidentiality of
7		the report and other information. Any dissemination of
8		the report or information that was not stated at a
9		court proceeding constitutes indirect criminal
10		contempt of court.
11		(14) Appellate relief. If the trial court denies the
12		relief requested, the victim, the victim's attorney, or the
13		prosecuting attorney may file an appeal within 30 days of
14		the trial court's ruling. The trial or appellate court may
15		stay the court proceedings if the court finds that a stay
16		would not violate a constitutional right of the defendant.
17		If the appellate court denies the relief sought, the
18		reasons for the denial shall be clearly stated in a written
19		opinion. In any appeal in a criminal case, the State may
20		assert as error the court's denial of any crime victim's
21		right in the proceeding to which the appeal relates.
22		(15) Limitation on appellate relief. In no case shall
23		an appellate court provide a new trial to remedy the
24		violation of a victim's right.
25		(16) The right to be reasonably protected from the
26		accused throughout the criminal justice process and the

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1		right to have the safety of the victim and the victim's
2		family considered in denying or fixing the amount of bail,
3		determining whether to release the defendant, and setting
4		conditions of release after arrest and conviction. A victim
5		of domestic violence, a sexual offense, or stalking may
6		request the entry of a protective order under Article 112A
7		of the Code of Criminal Procedure of 1963.
8		(d)(1) The Prisoner Review Board shall inform a victim or
9		any other concerned citizen, upon written request, of the
10		prisoner's release on parole, mandatory supervised release,
11		electronic detention, work release, international transfer or
12		exchange, or by the custodian, other than the Department of
13		Juvenile Justice, of the discharge of any individual who was
14		adjudicated a delinquent for a crime from State custody and by
15		the sheriff of the appropriate county of any such person's
16		final discharge from county custody. The Prisoner Review Board,
17		upon written request, shall provide to a victim or any other
18		concerned citizen a recent photograph of any person convicted
19		of a felony, upon his or her release from custody. The Prisoner
20		Review Board, upon written request, shall inform a victim or
21		any other concerned citizen when feasible at least 7 days prior
22		to the prisoner's release on furlough of the times and dates of
23		such furlough. Upon written request by the victim or any other
24		concerned citizen, the State's Attorney shall notify the person
25		once of the times and dates of release of a prisoner sentenced
26		to periodic imprisonment. Notification shall be based on the

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1		most recent information as to victim's or other concerned
2		citizen's residence or other location available to the
3		notifying authority.
4		(2) When the defendant has been committed to the Department
5		of Human Services pursuant to Section 5-2-4 or any other
6		provision of the Unified Code of Corrections, the victim may
7		request to be notified by the releasing authority of the
8		approval by the court of an on-grounds pass, a supervised
9		off-grounds pass, an unsupervised off-grounds pass, or
10		conditional release; the release on an off-grounds pass; the
11		return from an off-grounds pass; transfer to another facility;
12		conditional release; escape; death; or final discharge from
13		State custody. The Department of Human Services shall establish
14		and maintain a statewide telephone number to be used by victims
15		to make notification requests under these provisions and shall
16		publicize this telephone number on its website and to the
17		State's Attorney of each county.
18		(3) In the event of an escape from State custody, the
19		Department of Corrections or the Department of Juvenile Justice
20		immediately shall notify the Prisoner Review Board of the
21		escape and the Prisoner Review Board shall notify the victim.
22		The notification shall be based upon the most recent
23		information as to the victim's residence or other location
24		available to the Board. When no such information is available,
25		the Board shall make all reasonable efforts to obtain the
26		information and make the notification. When the escapee is

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1		apprehended, the Department of Corrections or the Department of
2		Juvenile Justice immediately shall notify the Prisoner Review
3		Board and the Board shall notify the victim.
4		(4) The victim of the crime for which the prisoner has been
5		sentenced shall receive reasonable written notice not less than
6		30 days prior to the parole hearing or target aftercare release
7		date and may submit, in writing, on film, videotape, or other
8		electronic means or in the form of a recording prior to the
9		parole hearing or target aftercare release date or in person at
10		the parole hearing or aftercare release protest hearing or if a
11		victim of a violent crime, by calling the toll-free number
12		established in subsection (f) of this Section, information for
13		consideration by the Prisoner Review Board or Department of
14		Juvenile Justice. The victim shall be notified within 7 days
15		after the prisoner has been granted parole or aftercare release
16		and shall be informed of the right to inspect the registry of
17		parole decisions, established under subsection (g) of Section
18		3-3-5 of the Unified Code of Corrections. The provisions of
19		this paragraph (4) are subject to the Open Parole Hearings Act.
20		Victim impact statements received by the Board shall be
21		confidential and privileged.
22		(5) If a statement is presented under Section 6, the
23		Prisoner Review Board or Department of Juvenile Justice shall
24		inform the victim of any order of discharge pursuant to Section
25		3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
26		(6) At the written or oral request of the victim of the

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1		crime for which the prisoner was sentenced or the State's
2		Attorney of the county where the person seeking parole or
3		aftercare release was prosecuted, the Prisoner Review Board or
4		Department of Juvenile Justice shall notify the victim and the
5		State's Attorney of the county where the person seeking parole
6		or aftercare release was prosecuted of the death of the
7		prisoner if the prisoner died while on parole or aftercare
8		release or mandatory supervised release.
9		(7) When a defendant who has been committed to the
10		Department of Corrections, the Department of Juvenile Justice,
11		or the Department of Human Services is released or discharged
12		and subsequently committed to the Department of Human Services
13		as a sexually violent person and the victim had requested to be
14		notified by the releasing authority of the defendant's
15		discharge, conditional release, death, or escape from State
16		custody, the releasing authority shall provide to the
17		Department of Human Services such information that would allow
18		the Department of Human Services to contact the victim.
19		(8) When a defendant has been convicted of a sex offense as
20		defined in Section 2 of the Sex Offender Registration Act and
21		has been sentenced to the Department of Corrections or the
22		Department of Juvenile Justice, the Prisoner Review Board or
23		the Department of Juvenile Justice shall notify the victim of
24		the sex offense of the prisoner's eligibility for release on
25		parole, aftercare release, mandatory supervised release,
26		electronic detention, work release, international transfer or

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1		exchange, or by the custodian of the discharge of any
2		individual who was adjudicated a delinquent for a sex offense
3		from State custody and by the sheriff of the appropriate county
4		of any such person's final discharge from county custody. The
5		notification shall be made to the victim at least 30 days,
6		whenever possible, before release of the sex offender.
7		(e) The officials named in this Section may satisfy some or
8		all of their obligations to provide notices and other
9		information through participation in a statewide victim and
10		witness notification system established by the Attorney
11		General under Section 8.5 of this Act.
12		(f) To permit a crime victim of a violent crime to provide
13		information to the Prisoner Review Board or the Department of
14		Juvenile Justice for consideration by the Board or Department
15		at a parole hearing or before an aftercare release decision of
16		a person who committed the crime against the victim in
17		accordance with clause (d)(4) of this Section or at a
18		proceeding to determine the conditions of mandatory supervised
19		release of a person sentenced to a determinate sentence or at a
20		hearing on revocation of mandatory supervised release of a
21		person sentenced to a determinate sentence, the Board shall
22		establish a toll-free number that may be accessed by the victim
23		of a violent crime to present that information to the Board.
24		(Source: P.A. 99-413, eff. 8-20-15; 99-628, eff. 1-1-17;
25		100-199, eff. 1-1-18; 100-961, eff. 1-1-19; revised 10-3-18.)

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1		(725 ILCS 120/6) (from Ch. 38, par. 1406)
2		Sec. 6. Right to be heard at sentencing.
3		(a) A crime victim shall be allowed to present an oral or
4		written statement in any case in which a defendant has been
5		convicted of a violent crime or a juvenile has been adjudicated
6		delinquent for a violent crime after a bench or jury trial, or
7		a defendant who was charged with a violent crime and has been
8		convicted under a plea agreement of a crime that is not a
9		violent crime as defined in subsection (c) of Section 3 of this
10		Act. The court shall allow a victim to make an oral statement
11		if the victim is present in the courtroom and requests to make
12		an oral statement. An oral statement includes the victim or a
13		representative of the victim reading the written statement. The
14		court may allow persons impacted by the crime who are not
15		victims under subsection (a) of Section 3 of this Act to
16		present an oral or written statement. A victim and any person
17		making an oral statement shall not be put under oath or subject
18		to cross-examination. The court shall consider any statement
19		presented along with all other appropriate factors in
20		determining the sentence of the defendant or disposition of
21		such juvenile.
22		(a-1) In any case where a defendant has been convicted of a
23		violation of any statute, ordinance, or regulation relating to
24		the operation or use of motor vehicles, the use of streets and
25		highways by pedestrians or the operation of any other wheeled
26		or tracked vehicle, except parking violations, if the violation

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1		resulted in great bodily harm or death, the person who suffered
2		great bodily harm, the injured person's representative, or the
3		representative of a deceased person shall be entitled to notice
4		of the sentencing hearing. "Representative" includes the
5		spouse, guardian, grandparent, or other immediate family or
6		household member of an injured or deceased person. The injured
7		person or his or her representative and a representative of the
8		deceased person shall have the right to address the court
9		regarding the impact that the defendant's criminal conduct has
10		had upon them. If more than one representative of an injured or
11		deceased person is present in the courtroom at the time of
12		sentencing, the court has discretion to permit one or more of
13		the representatives to present an oral impact statement. A
14		victim and any person making an oral statement shall not be put
15		under oath or subject to cross-examination. The court shall
16		consider any impact statement presented along with all other
17		appropriate factors in determining the sentence of the
18		defendant.
19		(a-5) A crime victim shall be allowed to present an oral
20		and written victim impact statement at a hearing ordered by the
21		court under the Mental Health and Developmental Disabilities
22		Code to determine if the defendant is: (1) in need of mental
23		health services on an inpatient basis; (2) in need of mental
24		health services on an outpatient basis; or (3) not in need of
25		mental health services, unless the defendant was under 18 years
26		of age at the time the offense was committed. The court shall

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1		allow a victim to make an oral impact statement if the victim
2		is present in the courtroom and requests to make an oral
3		statement. An oral statement includes the victim or a
4		representative of the victim reading the written impact
5		statement. The court may allow persons impacted by the crime
6		who are not victims under subsection (a) of Section 3 of this
7		Act, to present an oral or written statement. A victim and any
8		person making an oral statement shall not be put under oath or
9		subject to cross-examination. The court may only consider the
10		impact statement along with all other appropriate factors in
11		determining the: (1) threat of serious physical harm posed
12		poised by the respondent to himself or herself, or to another
13		person; (2) location of inpatient or outpatient mental health
14		services ordered by the court, but only after complying with
15		all other applicable administrative, rule, and statutory
16		requirements; (3) maximum period of commitment for inpatient
17		mental health services; and (4) conditions of release for
18		outpatient mental health services ordered by the court.
19		(b) The crime victim has the right to prepare a victim
20		impact statement and present it to the Office of the State's
21		Attorney at any time during the proceedings. Any written victim
22		impact statement submitted to the Office of the State's
23		Attorney shall be considered by the court during its
24		consideration of aggravation and mitigation in plea
25		proceedings under Supreme Court Rule 402.
26		(b-5) The crime victim has the right to register with the

HB3584 Engrossed - 28 - LRB101 08458 SLF 53534 b
1		Prisoner Review Board's victim registry. The crime victim has
2		the right to submit a victim impact statement to the Board for
3		consideration at hearings as provided in the Open Parole
4		Hearings Act or at an executive clemency hearing as provided in
5		Section 3-3-13 of the Unified Code of Corrections. Victim
6		impact statements received by the Board shall be confidential
7		and privileged.
8		(c) This Section shall apply to any victims during any
9		dispositional hearing under Section 5-705 of the Juvenile Court
10		Act of 1987 which takes place pursuant to an adjudication or
11		trial or plea of delinquency for any such offense.
12		(d) If any provision of this Section or its application to
13		any person or circumstance is held invalid, the invalidity of
14		that provision does not affect any other provision or
15		application of this Section that can be given effect without
16		the invalid provision or application.
17		(Source: P.A. 99-413, eff. 8-20-15; 100-961, eff. 1-1-19;
18		revised 10-3-18.)
19		Section 10. The Unified Code of Corrections is amended by
20		changing Sections 3-3-4 and 3-3-13 as follows:
21		(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
22		Sec. 3-3-4. Preparation for parole hearing.
23		(a) The Prisoner Review Board shall consider the parole of
24		each eligible person committed to the Department of Corrections

HB3584 Engrossed - 29 - LRB101 08458 SLF 53534 b
1		at least 30 days prior to the date he or she shall first become
2		eligible for parole.
3		(b) A person eligible for parole shall, no less than 15
4		days in advance of his or her parole interview, prepare a
5		parole plan in accordance with the rules of the Prisoner Review
6		Board. The person shall be assisted in preparing his or her
7		parole plan by personnel of the Department of Corrections, and
8		may, for this purpose, be released on furlough under Article
9		11. The Department shall also provide assistance in obtaining
10		information and records helpful to the individual for his or
11		her parole hearing. If the person eligible for parole has a
12		petition or any written submissions prepared on his or her
13		behalf by an attorney or other representative, the attorney or
14		representative for the person eligible for parole must serve by
15		certified mail the State's Attorney of the county where he or
16		she was prosecuted with the petition or any written submissions
17		15 days after his or her parole interview. The State's Attorney
18		shall provide the attorney for the person eligible for parole
19		with a copy of his or her letter in opposition to parole via
20		certified mail within 5 business days of the en banc hearing.
21		(c) Any member of the Board shall have access at all
22		reasonable times to any committed person and to his or her
23		master record file within the Department, and the Department
24		shall furnish such a report to the Board concerning the conduct
25		and character of any such person prior to his or her parole
26		interview.

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1		(d) In making its determination of parole, the Board shall
2		consider:
3		(1) (blank);
4		(2) the report under Section 3-8-2 or 3-10-2;
5		(3) a report by the Department and any report by the
6		chief administrative officer of the institution or
7		facility;
8		(4) a parole progress report;
9		(5) a medical and psychological report, if requested by
10		the Board;
11		(6) material in writing, or on film, video tape or
12		other electronic means in the form of a recording submitted
13		by the person whose parole is being considered;
14		(7) material in writing, or on film, video tape or
15		other electronic means in the form of a recording or
16		testimony submitted by the State's Attorney and the victim
17		or a concerned citizen pursuant to the Rights of Crime
18		Victims and Witnesses Act; and
19		(8) the person's eligibility for commitment under the
20		Sexually Violent Persons Commitment Act.
21		(e) The prosecuting State's Attorney's office shall
22		receive from the Board reasonable written notice not less than
23		30 days prior to the parole interview and may submit relevant
24		information by oral argument or testimony of victims and
25		concerned citizens, or both, in writing, or on film, video tape
26		or other electronic means or in the form of a recording to the

HB3584 Engrossed - 31 - LRB101 08458 SLF 53534 b
1		Board for its consideration. Upon written request of the
2		State's Attorney's office, the Prisoner Review Board shall hear
3		protests to parole, except in counties of 1,500,000 or more
4		inhabitants where there shall be standing objections to all
5		such petitions. If a State's Attorney who represents a county
6		of less than 1,500,000 inhabitants requests a protest hearing,
7		the inmate's counsel or other representative shall also receive
8		notice of such request. This hearing shall take place the month
9		following the inmate's parole interview. If the inmate's parole
10		interview is rescheduled then the Prisoner Review Board shall
11		promptly notify the State's Attorney of the new date. The
12		person eligible for parole shall be heard at the next scheduled
13		en banc hearing date. If the case is to be continued, the
14		State's Attorney's office and the attorney or representative
15		for the person eligible for parole will be notified of any
16		continuance within 5 business days. The State's Attorney may
17		waive the written notice.
18		(f) The victim of the violent crime for which the prisoner
19		has been sentenced shall receive notice of a parole hearing as
20		provided in paragraph (4) of subsection (d) of Section 4.5 of
21		the Rights of Crime Victims and Witnesses Act.
22		(g) Any recording considered under the provisions of
23		subsection (d)(6), (d)(7) or (e) of this Section shall be in
24		the form designated by the Board. Such recording shall be both
25		visual and aural. Every voice on the recording and person
26		present shall be identified and the recording shall contain

HB3584 Engrossed - 32 - LRB101 08458 SLF 53534 b
1		either a visual or aural statement of the person submitting
2		such recording, the date of the recording and the name of the
3		person whose parole eligibility is being considered. Such
4		recordings shall be retained by the Board and shall be deemed
5		to be submitted at any subsequent parole hearing if the victim
6		or State's Attorney submits in writing a declaration clearly
7		identifying such recording as representing the present
8		position of the victim or State's Attorney regarding the issues
9		to be considered at the parole hearing.
10		(h) The Board shall not release any material to the inmate,
11		the inmate's attorney, any third party, or any other person
12		containing any information from the victim or from a person
13		related to the victim by blood, adoption, or marriage who has
14		provided a victim impact statement to the Board written
15		objections, testified at any hearing, or submitted audio or
16		visual objections to the inmate's parole, unless provided with
17		a waiver from the victim that objecting party. The Board shall
18		not release the names or addresses of any person on its victim
19		registry to any other person except the victim, a law
20		enforcement agency, or other victim notification system.
21		Victim impact statements shall be confidential and privileged.
22		(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
23		98-717, eff. 1-1-15; 99-628, eff. 1-1-17.)
24		(730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
25		Sec. 3-3-13. Procedure for Executive Clemency.

HB3584 Engrossed - 33 - LRB101 08458 SLF 53534 b
1		(a) Petitions seeking pardon, commutation, or reprieve
2		shall be addressed to the Governor and filed with the Prisoner
3		Review Board. The petition shall be in writing and signed by
4		the person under conviction or by a person on his behalf. It
5		shall contain a brief history of the case, the reasons for
6		seeking executive clemency, and other relevant information the
7		Board may require.
8		(a-5) After a petition has been denied by the Governor, the
9		Board may not accept a repeat petition for executive clemency
10		for the same person until one full year has elapsed from the
11		date of the denial. The Chairman of the Board may waive the
12		one-year requirement if the petitioner offers in writing new
13		information that was unavailable to the petitioner at the time
14		of the filing of the prior petition and which the Chairman
15		determines to be significant. The Chairman also may waive the
16		one-year waiting period if the petitioner can show that a
17		change in circumstances of a compelling humanitarian nature has
18		arisen since the denial of the prior petition.
19		(b) Notice of the proposed application shall be given by
20		the Board to the committing court and the state's attorney of
21		the county where the conviction was had.
22		(c) The Board shall, if requested and upon due notice, give
23		a hearing to each application, allowing representation by
24		counsel, if desired, after which it shall confidentially advise
25		the Governor by a written report of its recommendations which
26		shall be determined by majority vote. The Board shall meet to

HB3584 Engrossed - 34 - LRB101 08458 SLF 53534 b
1		consider such petitions no less than 4 times each year.
2		Application for executive clemency under this Section may
3		not be commenced on behalf of a person who has been sentenced
4		to death without the written consent of the defendant, unless
5		the defendant, because of a mental or physical condition, is
6		incapable of asserting his or her own claim. The written report
7		of the Board's recommendations to the Governor shall be
8		privileged.
9		(d) The Governor shall decide each application and
10		communicate his decision to the Board which shall notify the
11		petitioner.
12		In the event a petitioner who has been convicted of a Class
13		X felony is granted a release, after the Governor has
14		communicated such decision to the Board, the Board shall give
15		written notice to the Sheriff of the county from which the
16		offender was sentenced if such sheriff has requested that such
17		notice be given on a continuing basis. In cases where arrest of
18		the offender or the commission of the offense took place in any
19		municipality with a population of more than 10,000 persons, the
20		Board shall also give written notice to the proper law
21		enforcement agency for said municipality which has requested
22		notice on a continuing basis.
23		(e) Nothing in this Section shall be construed to limit the
24		power of the Governor under the constitution to grant a
25		reprieve, commutation of sentence, or pardon.
26		(Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)

HB3584 Engrossed - 35 - LRB101 08458 SLF 53534 b
1		Section 15. The Open Parole Hearings Act is amended by
2		changing Section 35 as follows:
3		(730 ILCS 105/35) (from Ch. 38, par. 1685)
4		Sec. 35. Victim impact statements.
5		(a) The Board shall receive and consider victim impact
6		statements.
7		(b) Victim impact statements either oral, written,
8		video-taped, tape recorded or made by other electronic means
9		shall not be considered public documents under provisions of
10		the Freedom of Information Act.
11		(b-5) Other than as provided in subsection (c), the Board
12		shall not release any material to the inmate, the inmate's
13		attorney, any third party, or any other person that contains
14		any information from the victim who has provided a victim
15		impact statement to the Board, unless provided with a waiver
16		from the victim. The Board shall not release the names or
17		addresses of any person on its victim registry to any other
18		person except the victim, a law enforcement agency, or other
19		victim notification system. Victim impact statements received
20		by the Board shall be confidential and privileged.
21		(c) The inmate or his or her attorney shall be informed of
22		the existence of a victim impact statement and its contents
23		under provisions of Board rules. This shall not be construed to
24		permit disclosure to an inmate of any information which might

HB3584 Engrossed - 36 - LRB101 08458 SLF 53534 b
1		result in the risk of threats or physical harm to a victim or
2		complaining witness.
3		(d) The inmate shall be given the opportunity to answer a
4		victim impact statement, either orally or in writing.
5		(e) All written victim impact statements shall be part of
6		the applicant's, releasee's, or parolee's parole file.
7		(Source: P.A. 97-299, eff. 8-11-11; 98-558, eff. 1-1-14.)