Bill Amendment: IL HB0681 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIMINAL LAW-TECH

Status: 2024-06-29 - Rule 19(b) / Re-referred to Rules Committee [HB0681 Detail]

Download: Illinois-2023-HB0681-Senate_Amendment_005.html

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Sen. Don Harmon

Filed: 5/26/2024

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AMENDMENT TO HOUSE BILL 681
AMENDMENT NO. ______. Amend House Bill 681 by replacing
everything after the enacting clause with the following:
"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

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is closed.
(a-5) When law enforcement authorities reopen a closed
case to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
(a-6) The Prisoner Review Board shall publish on its
official public website and provide to registered victims
information regarding how to submit a victim impact statement.
The Prisoner Review Board shall consider victim impact
statements from any registered victims. Any registered victim,
including a person who has had a final, plenary, or
non-emergency protective order granted under Article 112A of
the Code of Criminal Procedure of 1963, the Illinois Domestic
Violence Act of 1986, the Stalking No Contact Order Act, or the
Civil No Contact Order Act may present victim statements that
the Prisoner Review Board shall consider in its deliberations.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be

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provided in sufficient time, wherever possible, for the
victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(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, whenever possible, a secure waiting
area during court proceedings that does not require
victims to be in close proximity to defendants or
juveniles accused of a violent crime, and their families
and friends;

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(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) (blank);
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;
(9.3) shall inform the victim of 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 statement at
the sentencing hearing; (B) the right of the victim's

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spouse, guardian, parent, grandparent, and other immediate
family and household members under Section 6 of this Act
to present a 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 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 or Department of Juvenile Justice information
concerning the release of the defendant;
(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests
restitution;
(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;
(13) shall provide notice within a reasonable time
after receipt of notice from the custodian, of the release

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of the defendant on pretrial release or personal
recognizance or the release from detention of a minor who
has been detained;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to 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 statement,
if prepared prior to entering into a plea agreement. The
right to consult with the prosecutor does not include the
right to veto a plea agreement or to insist the case go to
trial. If the State's Attorney has not consulted with the
victim prior to making an offer or entering into plea
negotiations with the defendant, the Office of the State's
Attorney shall notify the victim of the offer or the
negotiations within 2 business days and confer with the
victim;
(16) shall 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;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the

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appropriate agency handling the appeal, and how to request
notice of any hearing, oral argument, or decision of an
appellate court;
(18) shall provide timely 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 within 48 hours of the court's scheduling of the
hearing;
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered in making a
determination under Section 3-2.5-85 or subsection (b) of
Section 3-3-8 of the Unified Code of Corrections;
(20) shall, within a reasonable time, offer to meet
with the crime victim regarding the decision of the
State's Attorney not to charge an offense, and shall meet
with the victim, if the victim agrees. The victim has a
right to have an attorney, advocate, and other support
person of the victim's choice attend this meeting with the
victim; and
(21) shall give the crime victim timely notice of any
decision not to pursue charges and consider the safety of
the victim when deciding how to give such notice.
(c) The court shall ensure that the rights of the victim

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are afforded.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the
Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time
provide a revised written notice to the State's Attorney.
The State's Attorney shall file the written notice with
the court. At the beginning of any court proceeding in
which the right of a victim may be at issue, the court and
prosecutor shall review the written notice to determine
whether the victim has asserted the right that may be at
issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of
the victim's rights. Upon the filing of the entry of
appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising

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jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the
victim's attorney regarding the assertion or
enforcement of a right. If the prosecuting attorney
decides not to assert or enforce a victim's right, the
prosecuting attorney shall notify the victim or the
victim's attorney in sufficient time to allow the
victim or the victim's attorney to assert the right or
to seek enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right
by filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.

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(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, unless the
prosecuting attorney objects or the trial court does
not allow it, the victim or the victim's attorney may
be heard regarding the prosecuting attorney's motion
or may file a simultaneous motion to assert or request
enforcement of the victim's right. If the victim or
the victim's attorney was not allowed to be heard at
the hearing regarding the prosecuting attorney's
motion, and the court denies the prosecuting
attorney's assertion of the right or denies the
request for enforcement of a right, the victim or
victim's attorney may file a motion to assert the
victim's right or to request enforcement of the right
within 10 days of the court's ruling. The motion need
not demonstrate the grounds for a motion for
reconsideration. The court shall rule on the merits of
the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall
be clearly stated on the record.
(E) No later than January 1, 2023, the Office of
the Attorney General shall:

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(i) designate an administrative authority
within the Office of the Attorney General to
receive and investigate complaints relating to the
provision or violation of the rights of a crime
victim as described in Article I, Section 8.1 of
the Illinois Constitution and in this Act;
(ii) create and administer a course of
training for employees and offices of the State of
Illinois that fail to comply with provisions of
Illinois law pertaining to the treatment of crime
victims as described in Article I, Section 8.1 of
the Illinois Constitution and in this Act as
required by the court under Section 5 of this Act;
and
(iii) have the authority to make
recommendations to employees and offices of the
State of Illinois to respond more effectively to
the needs of crime victims, including regarding
the violation of the rights of a crime victim.
(F) Crime victims' rights may also be asserted by
filing a complaint for mandamus, injunctive, or
declaratory relief in the jurisdiction in which the
victim's right is being violated or where the crime is
being prosecuted. For complaints or motions filed by
or on behalf of the victim, the clerk of court shall
waive filing fees that would otherwise be owed by the

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victim for any court filing with the purpose of
enforcing crime victims' rights. If the court denies
the relief sought by the victim, the reasons for the
denial shall be clearly stated on the record in the
transcript of the proceedings, in a written opinion,
or in the docket entry, and the victim may appeal the
circuit court's decision to the appellate court. The
court shall issue prompt rulings regarding victims'
rights. Proceedings seeking to enforce victims' rights
shall not be stayed or subject to unreasonable delay
via continuances.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's right
has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and
then awarding appropriate relief to the victim.
(A-5) Consideration of an issue of a substantive
nature or an issue that implicates the constitutional
or statutory right of a victim at a court proceeding
labeled as a status hearing shall constitute a per se
violation of a victim's right.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled. Remedies may include,

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but are not limited to: injunctive relief requiring
the victim's right to be afforded; declaratory
judgment recognizing or clarifying the victim's
rights; a writ of mandamus; and may include reopening
previously held proceedings; however, in no event
shall the court vacate a conviction. Any remedy shall
be tailored to provide the victim an appropriate
remedy without violating any constitutional right of
the defendant. In no event shall the appropriate
remedy to the victim be a new trial or damages.
The court shall impose a mandatory training course
provided by the Attorney General for the employee under
item (ii) of subparagraph (E) of paragraph (4), which must
be successfully completed within 6 months of the entry of
the court order.
This paragraph (5) takes effect January 2, 2023.
(6) Right to be heard. Whenever a victim has the right
to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with
specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set

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forth on the record the facts that support its finding
that the victim's testimony will be materially affected if
the victim hears other testimony at trial.
(8) Right to have advocate and support person present
at court proceedings.
(A) A party who intends to call an advocate as a
witness at trial must seek permission of the court
before the subpoena is issued. The party must file a
written motion at least 90 days before trial that sets
forth specifically the issues on which the advocate's
testimony is sought and an offer of proof regarding
(i) the content of the anticipated testimony of the
advocate; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony. The court
shall consider the motion and make findings within 30
days of the filing of the motion. If the court finds by
a preponderance of the evidence that: (i) the
anticipated testimony is not protected by an absolute
privilege; and (ii) the anticipated testimony contains
relevant, admissible, and material evidence that is
not available through other witnesses or evidence, the
court shall issue a subpoena requiring the advocate to
appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera

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proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after
conducting the ex parte in camera hearing, the court
determines that due process requires any testimony
regarding confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be
issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte
in camera proceeding does not make the substance of
the advocate's testimony that the court has ruled
inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the
prosecuting attorney, within 60 days of trial. The
prosecuting attorney shall provide the name to the
defendant. If the defendant intends to call the
support person as a witness at trial, the defendant

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must seek permission of the court before a subpoena is
issued. The defendant must file a written motion at
least 45 days prior to trial that sets forth
specifically the issues on which the support person
will testify and an offer of proof regarding: (i) the
content of the anticipated testimony of the support
person; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony.
If the prosecuting attorney intends to call the
support person as a witness during the State's
case-in-chief, the prosecuting attorney shall inform
the court of this intent in the response to the
defendant's written motion. The victim may choose a
different person to be the victim's support person.
The court may allow the defendant to inquire about
matters outside the scope of the direct examination
during cross-examination. If the court allows the
defendant to do so, the support person shall be
allowed to remain in the courtroom after the support
person has testified. A defendant who fails to
question the support person about matters outside the
scope of direct examination during the State's
case-in-chief waives the right to challenge the
presence of the support person on appeal. The court
shall allow the support person to testify if called as
a witness in the defendant's case-in-chief or the

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State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to
call the support person in the State's case-in-chief,
the court shall verify with the support person whether
the support person, if called as a witness, would
testify as set forth in the offer of proof. If the
court finds that the support person would testify as
set forth in the offer of proof, the court shall rule
on the relevance, materiality, and admissibility of
the anticipated testimony. If the court rules the
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person
during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present
in court.
If the victim fails to designate a support person

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within 60 days of trial and the defendant has
subpoenaed the support person to testify at trial, the
court may exclude the support person from the trial
until the support person testifies. If the court
excludes the support person the victim may choose
another person as a support person.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records.
(A) A defendant who seeks to subpoena testimony or
records of or concerning the victim that are
confidential or privileged by law must seek permission
of the court before the subpoena is issued. The
defendant must file a written motion and an offer of
proof regarding the relevance, admissibility and
materiality of the testimony or records. If the court
finds by a preponderance of the evidence that:
(i) the testimony or records are not protected
by an absolute privilege and
(ii) the testimony or records contain
relevant, admissible, and material evidence that
is not available through other witnesses or
evidence, the court shall issue a subpoena
requiring the witness to appear in camera or a
sealed copy of the records be delivered to the
court to be reviewed in camera. If, after
conducting an in camera review of the witness

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statement or records, the court determines that
due process requires disclosure of any potential
testimony or any portion of the records, the court
shall provide copies of the records that it
intends to disclose to the prosecuting attorney
and the victim. The prosecuting attorney and the
victim shall have 30 days to seek appellate review
before the records are disclosed to the defendant,
used in any court proceeding, or disclosed to
anyone or in any way that would subject the
testimony or records to public review. The
disclosure of copies of any portion of the
testimony or records to the prosecuting attorney
under this Section does not make the records
subject to discovery or required to be provided to
the defendant.
(B) A prosecuting attorney who seeks to subpoena
information or records concerning the victim that are
confidential or privileged by law must first request
the written consent of the crime victim. If the victim
does not provide such written consent, including where
necessary the appropriate signed document required for
waiving privilege, the prosecuting attorney must serve
the subpoena at least 21 days prior to the date a
response or appearance is required to allow the
subject of the subpoena time to file a motion to quash

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or request a hearing. The prosecuting attorney must
also send a written notice to the victim at least 21
days prior to the response date to allow the victim to
file a motion or request a hearing. The notice to the
victim shall inform the victim (i) that a subpoena has
been issued for confidential information or records
concerning the victim, (ii) that the victim has the
right to request a hearing prior to the response date
of the subpoena, and (iii) how to request the hearing.
The notice to the victim shall also include a copy of
the subpoena. If requested, a hearing regarding the
subpoena shall occur before information or records are
provided to the prosecuting attorney.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a
right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of
the time, place, and purpose of the court proceeding and
that the victim had a right to be heard at the court
proceeding. If the court determines that timely notice was
not given or that the victim was not adequately informed
of the nature of the court proceeding, the court shall not
rule on any substantive issues, accept a plea, or impose a
sentence and shall continue the hearing for the time
necessary to notify the victim of the time, place and
nature of the court proceeding. The time between court

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proceedings shall not be attributable to the State under
Section 103-5 of the Code of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting
from the victim's involvement in the case. Before ruling
on a motion to continue trial or other court proceeding,
the court shall inquire into the circumstances for the
request for the delay and, if the victim has provided
written notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has
not conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to
confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,
the court shall consider the reasons for the requested
continuance, the number and length of continuances that
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures

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that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the
judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall,
within 5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days
after sentencing. Failure to timely provide
information and documentation related to restitution
shall be deemed a waiver of the right to restitution.
The prosecutor shall file and serve within 60 days
after sentencing a proposed judgment for restitution
and a notice that includes information concerning the
identity of any victims or other persons seeking
restitution, whether any victim or other person
expressly declines restitution, the nature and amount
of any damages together with any supporting
documentation, a restitution amount recommendation,
and the names of any co-defendants and their case
numbers. Within 30 days after receipt of the proposed

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judgment for restitution, the defendant shall file any
objection to the proposed judgment, a statement of
grounds for the objection, and a financial statement.
If the defendant does not file an objection, the court
may enter the judgment for restitution without further
proceedings. If the defendant files an objection and
either party requests a hearing, the court shall
schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before
providing a copy of the report:
(i) the defendant's mental history and
condition;
(ii) any evaluation prepared under subsection
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to
the victim any of the information that has been
redacted if there is a reasonable likelihood that the

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information will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a
court proceeding constitutes indirect criminal
contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney, or
the prosecuting attorney may file an appeal within 30 days
of the trial court's ruling. The trial or appellate court
may stay the court proceedings if the court finds that a
stay would not violate a constitutional right of the
defendant. If the appellate court denies the relief
sought, the reasons for the denial shall be clearly stated
in a written opinion. In any appeal in a criminal case, the
State may assert as error the court's denial of any crime
victim's right in the proceeding to which the appeal
relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the
right to have the safety of the victim and the victim's
family considered in determining whether to release the

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defendant, and setting conditions of release after arrest
and conviction. A victim of domestic violence, a sexual
offense, or stalking may request the entry of a protective
order under Article 112A of the Code of Criminal Procedure
of 1963.
(d) Procedures after the imposition of sentence.
(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, other than the
Department of Juvenile Justice, of the discharge of any
individual who was adjudicated a delinquent for a 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

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imprisonment. Notification shall be based on the most
recent information as to the victim's or other concerned
citizen's residence or other location available to the
notifying authority.
(1.5) Within 24 hours, the Prisoner Review Board shall
inform a victim of the early release of the prisoner from
State custody or of the prisoner's pardon, commutation,
furlough, or granting of sentence credit if the victim has
previously requested notification of that information. The
notification shall be sent to the most recent information
as to the victim's residence or other location address
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. This
notification requirement is in addition to any
notification requirements pursuant to any other statewide
victim notification systems. The Board must document
notification efforts if that victim alleges lack of
notification under this paragraph (1.5).
(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

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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 has the right to register with the Prisoner
Review Board's victim registry. Victims registered with
the Board shall receive reasonable written notice not less
than 30 days prior to the parole hearing or target

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aftercare release date. The victim has the right to submit
a victim statement for consideration by the Prisoner
Review Board or the Department of Juvenile Justice in
writing, on film, videotape, or other electronic means, or
in the form of a recording prior to the parole hearing or
target aftercare release date, or in person at the parole
hearing or aftercare release protest hearing, or by
calling the toll-free number established in subsection (f)
of this Section. The victim shall be notified within 7
days after the prisoner has been granted parole or
aftercare release 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. Victim statements
provided to the Board shall be confidential and
privileged, including any statements received prior to
January 1, 2020 (the effective date of Public Act
101-288), except if the statement was an oral statement
made by the victim at a hearing open to the public.
(4-1) The crime victim has the right to submit a
victim statement for consideration by the Prisoner Review
Board or the Department of Juvenile Justice prior to or at
a hearing to determine the conditions of mandatory
supervised release of a person sentenced to a determinate
sentence or at a hearing on revocation of mandatory

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supervised release of a person sentenced to a determinate
sentence. A victim statement may be submitted in writing,
on film, videotape, or other electronic means, or in the
form of a recording, or orally at a hearing, or by calling
the toll-free number established in subsection (f) of this
Section. Victim statements provided to the Board shall be
confidential and privileged, including any statements
received prior to January 1, 2020 (the effective date of
Public Act 101-288), except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(4-2) The crime victim has the right to submit a
victim statement to the Prisoner Review Board for
consideration at an executive clemency hearing as provided
in Section 3-3-13 of the Unified Code of Corrections. A
victim statement may be submitted in writing, on film,
videotape, or other electronic means, or in the form of a
recording prior to a hearing, or orally at a hearing, or by
calling the toll-free number established in subsection (f)
of this Section. Victim statements provided to the Board
shall be confidential and privileged, including any
statements received prior to January 1, 2020 (the
effective date of Public Act 101-288), except if the
statement was an oral statement made by the victim at a
hearing open to the public.
(5) If a statement is presented under Section 6, the

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Prisoner Review Board or Department of Juvenile Justice
shall inform the victim of any order of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of
Corrections.
(6) At the written or oral 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 or
aftercare release was prosecuted, the Prisoner Review
Board or Department of Juvenile Justice shall notify the
victim and the State's Attorney of the county where the
person seeking parole or aftercare release was prosecuted
of the death of the prisoner if the prisoner died while on
parole or aftercare release 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

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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 or the Department of Juvenile
Justice shall notify the victim of the sex offense of the
prisoner's eligibility for release on parole, aftercare
release, 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) The Prisoner Review Board shall establish a toll-free
number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.

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8-20-21; 102-813, eff. 5-13-22.)
Section 10. The Unified Code of Corrections is amended by
changing Sections 3-3-1, 3-3-8, and 3-3-9 and by adding
Sections 3-3-1.1, 3-3-16, and 3-14-1.1 as follows:
(730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
Sec. 3-3-1. Establishment and appointment of Prisoner
Review Board.
(a) There shall be a Prisoner Review Board independent of
the Department which shall be:
(1) the paroling authority for persons sentenced under
the law in effect prior to the effective date of this
amendatory Act of 1977;
(1.2) the paroling authority for persons eligible for
parole review under Section 5-4.5-115;
(1.5) (blank);
(2) the board of review for cases involving the
revocation of sentence credits or a suspension or
reduction in the rate of accumulating the credit;
(3) the board of review and recommendation for the
exercise of executive clemency by the Governor;
(4) the authority for establishing release dates for
certain prisoners sentenced under the law in existence
prior to the effective date of this amendatory Act of
1977, in accordance with Section 3-3-2.1 of this Code;

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(5) the authority for setting conditions for parole
and mandatory supervised release under Section 5-8-1(a) of
this Code, and determining whether a violation of those
conditions warrant revocation of parole or mandatory
supervised release or the imposition of other sanctions;
(6) the authority for determining whether a violation
of aftercare release conditions warrant revocation of
aftercare release; and
(7) the authority to release medically infirm or
disabled prisoners under Section 3-3-14.
(b) The Board shall consist of 15 persons appointed by the
Governor by and with the advice and consent of the Senate. One
member of the Board shall be designated by the Governor to be
Chairman and shall serve as Chairman at the pleasure of the
Governor. The members of the Board shall have had at least 5
years of actual experience in the fields of penology,
corrections work, law enforcement, sociology, law, education,
social work, medicine, psychology, other behavioral sciences,
or a combination thereof. At least 6 members so appointed must
have at least 3 years experience in the field of juvenile
matters. No more than 8 Board members may be members of the
same political party.
Each member of the Board shall serve on a full-time basis
and shall not hold any other salaried public office, whether
elective or appointive, nor any other office or position of
profit, nor engage in any other business, employment, or

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vocation. The Chairman of the Board shall receive $35,000 a
year, or an amount set by the Compensation Review Board,
whichever is greater, and each other member $30,000, or an
amount set by the Compensation Review Board, whichever is
greater.
(b-5) Prior to participating in his or her first vote as a
member of the Board, a member of the Board shall complete a
training developed and administered by the entity
administering the Illinois Domestic Violence Hotline, in
consultation with the Department of Corrections. This training
shall be tailored specifically to the members of the Board and
shall cover topics including, but not limited to:
(1) the nature, extent, and causes of domestic
violence and gender-based violence;
(2) the lethality of domestic violence and
gender-based violence;
(3) implicit and explicit biases toward parties
involved in domestic violence and gender-based violence;
(4) criminalization of survivors of domestic violence
and gender-based violence;
(5) behavioral patterns and relationship dynamics
within the cycle of violence;
(6) safety planning and procedures designed to promote
the safety of victims of domestic violence and
gender-based violence and their household members;
(7) resources available to victims of domestic

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violence and gender-based violence and their household
members;
(8) the Illinois Domestic Violence Act of 1986, the
Stalking No Contact Order Act, the Civil No Contact Order
Act, and the legal process regarding protective orders;
(9) the prison system, including a tour of a
correctional institution or facility and a meeting with
the facility administration;
(10) the nature of rehabilitative corrections; and
(11) rehabilitative programming provided by the
Department of Corrections and available to incarcerated
individuals.
The training shall be completed annually. Documentation
showing completion of the annual training shall be submitted
to and recorded by the Department of Corrections and shall be
made available to the public upon request.
(c) Notwithstanding any other provision of this Section,
the term of each member of the Board who was appointed by the
Governor and is in office on June 30, 2003 shall terminate at
the close of business on that date or when all of the successor
members to be appointed pursuant to this amendatory Act of the
93rd General Assembly have been appointed by the Governor,
whichever occurs later. As soon as possible, the Governor
shall appoint persons to fill the vacancies created by this
amendatory Act.
Of the initial members appointed under this amendatory Act

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of the 93rd General Assembly, the Governor shall appoint 5
members whose terms shall expire on the third Monday in
January 2005, 5 members whose terms shall expire on the third
Monday in January 2007, and 5 members whose terms shall expire
on the third Monday in January 2009. Their respective
successors shall be appointed for terms of 6 years from the
third Monday in January of the year of appointment. Each
member shall serve until his or her successor is appointed and
qualified.
Any member may be removed by the Governor for
incompetence, neglect of duty, malfeasance or inability to
serve.
(d) The Chairman of the Board shall be its chief executive
and administrative officer. The Board may have an Executive
Director; if so, the Executive Director shall be appointed by
the Governor with the advice and consent of the Senate. The
salary and duties of the Executive Director shall be fixed by
the Board.
(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
(730 ILCS 5/3-3-1.1 new)
Sec. 3-3-1.1. Mission of the Prisoner Review Board. The
mission of the Prisoner Review Board is to promote public
safety and strive for justice and fairness in the exercise of
its authority. As set forth in this Article, the Board has the
authority to impose release conditions for incarcerated

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individuals who are exiting penal facilities and conduct
hearings to determine whether parolees or releasees have
violated conditions of parole or mandatory supervised release.
The Board also has the authority to make recommendations to
the Governor relative to clemency petitions for those
convicted of violating Illinois laws. In exercising this
authority, the Board seeks to render just, fair, objective,
impartial, and informed decisions and recommendations. In
reaching those decisions and recommendations, the Prisoner
Review Board strives to consider public safety, the rights of
victims of crimes, and the goal of successful rehabilitation
and reintegration for all individuals who have been convicted
of crimes.
(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
Sec. 3-3-8. Length of parole and mandatory supervised
release; discharge.
(a) The length of parole for a person sentenced under the
law in effect prior to the effective date of this amendatory
Act of 1977 and the length of mandatory supervised release for
those sentenced under the law in effect on and after such
effective date shall be as set out in Section 5-8-1 unless
sooner terminated under paragraph (b) of this Section.
(b) The Prisoner Review Board may enter an order releasing
and discharging one from parole or mandatory supervised
release, and his or her commitment to the Department, when it

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

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need subject person from mandatory supervised release as
determined by an appropriate evidence-based risk and need
assessment.
(c) The order of discharge shall become effective upon
entry of the order of the Board. The Board shall notify the
clerk of the committing court of the order. Upon receipt of
such copy, the clerk shall make an entry on the record judgment
that the sentence or commitment has been satisfied pursuant to
the order.
(d) Rights of the person discharged under this Section
shall be restored under Section 5-5-5.
(e) Upon a denial of early discharge under this Section,
the Prisoner Review Board shall provide the person on parole
or mandatory supervised release a list of steps or
requirements that the person must complete or meet to be
granted an early discharge at a subsequent review and share
the process for seeking a subsequent early discharge review
under this subsection. Upon the completion of such steps or
requirements, the person on parole or mandatory supervised
release may petition the Prisoner Review Board to grant them
an early discharge review. Within no more than 30 days of a
petition under this subsection, the Prisoner Review Board
shall review the petition and make a determination.
(Source: P.A. 103-271, eff. 1-1-24.)
(730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)

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Sec. 3-3-9. Violations; changes of conditions; preliminary
hearing; revocation of parole or mandatory supervised release;
revocation hearing.
(a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of
parole or mandatory supervised release under Section 3-3-7 of
this Code to govern that term, the Board may:
(1) continue the existing term, with or without
modifying or enlarging the conditions; or
(1.5) for those released as a result of youthful
offender parole as set forth in Section 5-4.5-115 of this
Code, order that the inmate be subsequently rereleased to
serve a specified mandatory supervised release term not to
exceed the full term permitted under the provisions of
Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
this Code and may modify or enlarge the conditions of the
release as the Board deems proper; or
(2) parole or release the person to a half-way house;
or
(3) revoke the parole or mandatory supervised release
and reconfine the person for a term computed in the
following manner:
(i) (A) For those sentenced under the law in
effect prior to this amendatory Act of 1977, the
recommitment shall be for any portion of the imposed

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maximum term of imprisonment or confinement which had
not been served at the time of parole and the parole
term, less the time elapsed between the parole of the
person and the commission of the violation for which
parole was revoked;
(B) Except as set forth in paragraphs (C) and (D),
for those subject to mandatory supervised release
under paragraph (d) of Section 5-8-1 of this Code, the
recommitment shall be for the total mandatory
supervised release term, less the time elapsed between
the release of the person and the commission of the
violation for which mandatory supervised release is
revoked. The Board may also order that a prisoner
serve up to one year of the sentence imposed by the
court which was not served due to the accumulation of
sentence credit;
(C) For those subject to sex offender supervision
under clause (d)(4) of Section 5-8-1 of this Code, the
reconfinement period for violations of clauses (a)(3)
through (b-1)(15) of Section 3-3-7 shall not exceed 2
years from the date of reconfinement;
(D) For those released as a result of youthful
offender parole as set forth in Section 5-4.5-115 of
this Code, the reconfinement period shall be for the
total mandatory supervised release term, less the time
elapsed between the release of the person and the

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commission of the violation for which mandatory
supervised release is revoked. The Board may also
order that a prisoner serve up to one year of the
mandatory supervised release term previously earned.
The Board may also order that the inmate be
subsequently rereleased to serve a specified mandatory
supervised release term not to exceed the full term
permitted under the provisions of Section 5-4.5-115
and subsection (d) of Section 5-8-1 of this Code and
may modify or enlarge the conditions of the release as
the Board deems proper;
(ii) the person shall be given credit against the
term of reimprisonment or reconfinement for time spent
in custody since he or she was paroled or released
which has not been credited against another sentence
or period of confinement;
(iii) (blank);
(iv) this Section is subject to the release under
supervision and the reparole and rerelease provisions
of Section 3-3-10.
(b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its expiration.
The issuance of a warrant of arrest for an alleged violation of
the conditions of parole or mandatory supervised release shall

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

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revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release
charged against him or her. Before the Board makes a decision
on whether to revoke an offender's parole or mandatory
supervised release, the Prisoner Review Board must run a LEADS
report. The Board shall publish on the Board's publicly
accessible website the name and identification number of
offenders alleged to have violated terms of parole or
mandatory supervised release, the Board's decision whether to
revoke parole or mandatory supervised release, and the names
of the voting Board members. This information shall only be
accessible while the offender is in State custody.
(e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The Board may
meet and order its actions in panels of 3 or more members. The
action of a majority of the panel shall be the action of the
Board. A record of the hearing shall be made. At the hearing
the offender shall be permitted to:
(1) appear and answer the charge; and
(2) bring witnesses on his or her behalf.
The Board shall provide a victim with notice of a hearing
on revocation at least 72 hours prior to the hearing if the
victim had previously requested notification of that
information.
(f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with

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or without modification or enlargement of the conditions. The
Board shall immediately notify the victim of its decision if
the victim has previously requested that information.
(g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such
failure is due to the offender's willful refusal to pay.
(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
(730 ILCS 5/3-3-16 new)
Sec. 3-3-16. Prisoner Review Board Task Force.
(a) Creation. The Prisoner Review Board Task Force is
created under the Illinois Sentencing Policy Advisory Council
and hereinafter shall be referred to as the Task Force.
(b) Purposes and goals. The purpose of the Task Force is to
study the following subject areas:
(1) the notification process for when a committed
person is released or pending release;
(2) the process for a victim or other individual to
request notice of a committed person's status at all
points of incarceration;
(3) the possibility for victim involvement in parole
or mandatory supervised release revocation hearings,
including a notice to potential victims and the
opportunity for written comment;
(4) methods for committed persons who are survivors of

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gender-based violence to have their experiences fully
considered during Prisoner Review Board hearings;
(5) safety planning for survivors of gender-based
violence who may be impacted by an offender's release;
(6) safety planning for survivors of gender-based
violence who are being released from State custody;
(7) the creation and administration of a special fund
to support safety planning;
(8) specific areas of training for Board members,
including, but not limited to, juvenile justice, implicit
bias, and rehabilitation practices;
(9) qualifications for Board members, including, but
not limited to, professional experience, experience with
incarceration, experience as a victim advocate, or
experience as a social worker;
(10) judicial education regarding orders of protection
when a respondent is incarcerated;
(11) judicial education regarding orders of protection
when a petitioner is incarcerated;
(12) examining the current electronic monitoring
process for those on mandatory supervised release;
(13) expediting action by the Board on requests for
early discharge from mandatory supervised release;
(14)_reviewing the contents of this amendatory Act of
the 103rd and other relevant materials and, by no later
than June 1, 2025, presenting recommendations on actions

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that should be taken to improve the medical release
program; and
(15) any other subject areas related to the
responsibilities and duties of the Prisoner Review Board.
(c) Task Force composition. The Task Force shall consist
of the following members:
(1) the Director of Corrections, or his or her
designee;
(2) the Department of Corrections chief in charge of
earned discretionary sentence credit decisions, or his or
her designee;
(3) a Department of Corrections Parole representative;
(4) the Chair of the Prisoner Review Board, or his or
her designee;
(5) the Executive Director of the Prisoner Review
Board, or his or her designee;
(6) a member of the Illinois Department of Corrections
Reentry Team;
(7) a member from the Administrative Office of the
Illinois Courts;
(8) the Presiding Judge of Domestic Violence Division
of the Cook County Circuit Court, or his or her designee;
(9) a representative of a statewide sexual assault
coalition;
(10) a representative of a statewide domestic violence
coalition;

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(11) a representative of the agency administering the
State-designated domestic violence hotline;
(12) a representative of an organization that focuses
on women impacted by incarceration;
(13) a representative of an organization that provides
legal services for individuals seeking orders of
protection located within the courthouse hearing domestic
violence cases;
(14) two representatives from gender-based violence
organizations based outside of Cook County;
(15) a formerly incarcerated individual who was a
victim of gender-based violence;
(16) a member of the House of Representatives,
appointed by the Speaker of the House;
(17) a member of the House of Representatives,
appointed by the Minority Leader of the House;
(18) a member of the Senate, appointed by the
President of the Senate;
(19) a member of the Senate, appointed by the Minority
Leader of the Senate;
(20) a representative from the Illinois Criminal
Justice Information Authority;
(21) the Cook County State's Attorney, or his or her
designee;
(22) a representative from the Illinois State's
Attorneys' Association;

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(23) a representative from the Office of the Cook
County Public Defender;
(24) a representative from the Illinois Public
Defender Association;
(25) a member from a legal aid organization which
currently or formerly represented individuals in parole
revocation hearings;
(26) a member from an organization that examines
mandatory supervised release conditions; and
(27) a representative from an organization providing
services for survivors of human trafficking.
The members of the Task Force, other than the ex officio
members and members of the General Assembly, and the Chair of
the Task Force shall be appointed by the Executive Director of
the Illinois Sentencing Policy Advisory Council.
(d) Duties. The Task Force shall conduct studies of the
topics included in paragraph (b) and make a report
recommending legislative actions to address any issues found.
(e) Report. The Task Force shall provide an interim report
describing its work-to-date to the General Assembly and
Governor by no later than July 1, 2025. The Task Force shall
provide a full report, outlining issues and recommendations,
to the General Assembly and Governor by no later than July 1,
2026. Upon issuance of the final report, the Task Force shall
thereafter be dissolved.

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(730 ILCS 5/3-14-1.1 new)
Sec. 3-14-1.1. Notification of release. Prior to the
release of a person from its custody onto parole, mandatory
supervised release, or final discharge, the Department shall
run a LEADS report on the person to be released. The Department
shall provide notice of the person's release to any person who
has been granted a protective order under Article 112A of the
Code of Criminal Procedure of 1963, the Illinois Domestic
Violence Act of 1986, the Stalking No Contact Order Act, or the
Civil No Contact Order Act against the person to be released
that (1) is in effect at the time of the person's release and
(2) appears on LEADS. The Department shall provide the Office
of the Attorney General with the name of the person to be
released. Upon receipt of the name of the person to be
released, the Office of the Attorney General shall provide
notice of the person's release to all persons who are
registered with the VINE notification system regarding the
person to be released from Department custody.
Section 15. The Open Parole Hearings Act is amended by
changing Section 15 and by adding Section 15.1 as follows:
(730 ILCS 105/15) (from Ch. 38, par. 1665)
Sec. 15. Open hearings.
(a) The Board may restrict the number of individuals
allowed to attend parole, or parole or aftercare release

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revocation hearings in accordance with physical limitations,
security requirements of the hearing facilities or those
giving repetitive or cumulative testimony. The Board may also
restrict attendance at an aftercare release or aftercare
release revocation hearing in order to protect the
confidentiality of the youth.
(b) The Board may deny admission or continued attendance
at parole hearings, or parole or aftercare release revocation
hearings to individuals who:
(1) threaten or present danger to the security of the
institution in which the hearing is being held;
(2) threaten or present a danger to other attendees or
participants; or
(3) disrupt the hearing.
(c) Upon formal action of a majority of the Board members
present, the Board may close parole hearings and parole or
aftercare release revocation hearings in order to:
(1) deliberate upon the oral testimony and any other
relevant information received from applicants, parolees,
releasees, victims, or others; or
(2) provide applicants, releasees, and parolees the
opportunity to challenge information other than that which
if the person's identity were to be exposed would possibly
subject them to bodily harm or death, which they believe
detrimental to their parole determination hearing or
revocation proceedings.

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(d) The Board shall make all en banc open meetings and all
parole, aftercare release, and mandatory supervised release
revocation hearings available to the public for live broadcast
on the Board's website. The broadcast recording of those
meetings and hearings shall remain available for public
viewing on the Board's website for a minimum of 18 months. For
all other public hearings of the Board, the Board may make
meetings available to the public for live broadcast on the
Board's website. By July 1, 2025, the Prisoner Review Board
Task Force shall report to the Governor and the General
Assembly on whether additional open meetings of the Board
shall be available to the public for live broadcast along with
an implementation plan to accomplish this.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
(730 ILCS 105/15.1 new)
Sec. 15.1. Minutes.
(a) The Board shall keep written minutes of all its
meetings, whether open or closed, and a verbatim record of all
its closed meetings in the form of an audio or video recording.
Minutes shall include, but need not be limited to:
(1) the date, time, and place of the meeting;
(2) the members of the Board recorded as either
present or absent and whether the members were physically
present or present by means of video or audio conference;
(3) a summary of discussion on all matters proposed,

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deliberated, or decided; and
(4) a record of any votes taken.
(b) The Board shall approve the minutes of its meetings,
whether open or closed, within 5 days after that meeting or at
the Board's second subsequent regular meeting, whichever is
sooner. Upon approval, the minutes of all open meetings shall
be made available for public inspection within 24 hours on the
Board's website.
(b-5) Every 6 months the Board shall meet to review the
approved minutes of closed meetings. The Board shall determine
in an open session whether (1) the need for confidentiality
still exists as to all or part of those minutes or (2) the
minutes or portions thereof no longer require confidential
treatment and are available for public inspection. If the
Board determines that all or portions of the minutes of a
closed meeting no longer require confidential treatment, the
minutes shall be made available for public inspection within
24 hours of such determination on the Board's website.
Section 20. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 214 as follows:
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member or that

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petitioner is a high-risk adult who has been abused,
neglected, or exploited, as defined in this Act, an order of
protection prohibiting the abuse, neglect, or exploitation
shall issue; provided that petitioner must also satisfy the
requirements of one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim
orders, or Section 219 on plenary orders. Petitioner shall not
be denied an order of protection because petitioner or
respondent is a minor. The court, when determining whether or
not to issue an order of protection, shall not require
physical manifestations of abuse on the person of the victim.
Modification and extension of prior orders of protection shall
be in accordance with this Act.
(b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as
appropriate: Section 217 on emergency orders, Section 218 on
interim orders, and Section 219 on plenary orders. The
remedies listed in this subsection shall be in addition to
other civil or criminal remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as
defined in Section 12-7.3 of the Criminal Code of 2012, if

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such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or

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dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the order of protection, or prohibit

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respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing
and personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one
occasion as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing an
order of protection and providing relief shall
consider the severity of the act, any continuing
physical danger or emotional distress to the
petitioner, the educational rights guaranteed to the

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petitioner and respondent under federal and State law,
the availability of a transfer of the respondent to
another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or

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change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In
the event the court orders a transfer of the
respondent to another school, the parents, guardian,
or legal custodian of the respondent is responsible

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for transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers or any other guidance service
the court deems appropriate. The Court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor

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child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary allocation of parental responsibilities:
significant decision-making. Award temporary
decision-making responsibility to petitioner in accordance
with this Section, the Illinois Marriage and Dissolution
of Marriage Act, the Illinois Parentage Act of 2015, and
this State's Uniform Child-Custody Jurisdiction and
Enforcement Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding temporary significant decision-making
responsibility to respondent would not be in the child's
best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or allocates temporary significant
decision-making responsibility of a minor child to
petitioner. The court shall restrict or deny respondent's
parenting time with a minor child if the court finds that
respondent has done or is likely to do any of the
following: (i) abuse or endanger the minor child during
parenting time; (ii) use the parenting time as an
opportunity to abuse or harass petitioner or petitioner's

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family or household members; (iii) improperly conceal or
detain the minor child; or (iv) otherwise act in a manner
that is not in the best interests of the minor child. The
court shall not be limited by the standards set forth in
Section 603.10 of the Illinois Marriage and Dissolution of
Marriage Act. If the court grants parenting time, the
order shall specify dates and times for the parenting time
to take place or other specific parameters or conditions
that are appropriate. No order for parenting time shall
refer merely to the term "reasonable parenting time".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for parenting time, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit

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respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to

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property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the

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animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating the petitioner's
significant decision-making authority, unless otherwise
provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of
property damaged or taken, reasonable attorney's fees,

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court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and
restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(a) Prohibit a respondent against whom an order of

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protection was issued from possessing any firearms
during the duration of the order if the order:
(1) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;
(2) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(3)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subsection (b), shall be ordered by the court to be
turned over to the local law enforcement agency. The
local law enforcement agency shall immediately mail
the card to the Illinois State Police Firearm Owner's
Identification Card Office for safekeeping. The court
shall issue a warrant for seizure of any firearm in the

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possession of the respondent, to be kept by the local
law enforcement agency for safekeeping, except as
provided in subsection (b). The period of safekeeping
shall be for the duration of the order of protection.
The firearm or firearms and Firearm Owner's
Identification Card, if unexpired, shall at the
respondent's request, be returned to the respondent at
the end of the order of protection. It is the
respondent's responsibility to notify the Illinois
State Police Firearm Owner's Identification Card
Office.
(b) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the order of
protection.
(c) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law

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enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with
respondent.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 203, or if necessary to
prevent abuse or wrongful removal or concealment of a
minor child, the order shall deny respondent access to,
and prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or further abuse, neglect,

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or exploitation of a high-risk adult with disabilities or
to effectuate one of the granted remedies, if supported by
the balance of hardships. If the harm to be prevented by
the injunction is abuse or any other harm that one of the
remedies listed in paragraphs (1) through (16) of this
subsection is designed to prevent, no further evidence is
necessary that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph.
For purposes of this paragraph (18), the term
"wireless telephone service provider" means a provider
of commercial mobile service as defined in 47 U.S.C.
332. The petitioner may request the transfer of each
telephone number that the petitioner, or a minor child
in his or her custody, uses. The clerk of the court
shall serve the order on the wireless telephone
service provider's agent for service of process
provided to the Illinois Commerce Commission. The
order shall contain all of the following:

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(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational

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issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall

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maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member
of petitioner's or respondent's family or household;
and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the

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parties from loss of possession of the family home, the
court shall consider relevant factors, including but not
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency
order of protection, the court, as an alternative to or as

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a supplement to making the findings described in
paragraphs (c)(3)(i) through (c)(3)(iii) of this
subsection, may use the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
203 and 217 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency
order of protection shall be issued by the court if it
appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other Illinois statute, or by any foreign
nation establishing the father and child relationship, any

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other proceeding substantially in conformity with the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Pub. L. 104-193), or where
both parties appeared in open court or at an
administrative hearing acknowledging under oath or
admitting by affirmation the existence of a father and
child relationship. Absent such an adjudication, finding,
or acknowledgment, no putative father shall be granted
temporary allocation of parental responsibilities,
including parenting time with the minor child, or physical
care and possession of the minor child, nor shall an order
of payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;

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(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to
avoid further abuse, neglect, or exploitation by
respondent;
(6) Petitioner did not leave the residence or
household to avoid further abuse, neglect, or exploitation
by respondent;
(7) Conduct by any family or household member excused
the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
A petition for an order of protection may not be denied
upon the basis that the petitioner or the respondent is
incarcerated in a penal institution at the time of the filing
of the petition.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 99. Effective date. This Act takes effect upon
becoming law, except that the provisions changing Section 4.5

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