Bill Text: IL HB0827 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning a committed person's grievances.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0372 [HB0827 Detail]
Download: Illinois-2013-HB0827-Amended.html
Bill Title: Amends the Unified Code of Corrections. Makes a technical change in a Section concerning a committed person's grievances.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0372 [HB0827 Detail]
Download: Illinois-2013-HB0827-Amended.html
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1 | AMENDMENT TO HOUSE BILL 827
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2 | AMENDMENT NO. ______. Amend House Bill 827 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Rights of Crime Victims and Witnesses Act | ||||||
5 | is amended by changing Section 4.5 as follows:
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6 | (725 ILCS 120/4.5)
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7 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
8 | victims. To afford
crime victims their rights, law enforcement, | ||||||
9 | prosecutors, judges and
corrections will provide information, | ||||||
10 | as appropriate of the following
procedures:
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11 | (a) At the request of the crime victim, law enforcement | ||||||
12 | authorities
investigating the case shall provide notice of the | ||||||
13 | status of the investigation,
except where the State's Attorney | ||||||
14 | determines that disclosure of such
information would | ||||||
15 | unreasonably interfere with the investigation, until such
time | ||||||
16 | as the alleged assailant is apprehended or the investigation is |
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1 | closed.
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2 | (a-5) When law enforcement authorities re-open a closed | ||||||
3 | case to resume investigating, they shall provide notice of the | ||||||
4 | re-opening of the case, except where the State's Attorney | ||||||
5 | determines that disclosure of such information would | ||||||
6 | unreasonably interfere with the investigation. | ||||||
7 | (b) The office of the State's Attorney:
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8 | (1) shall provide notice of the filing of information, | ||||||
9 | the return of an
indictment by which a prosecution for any | ||||||
10 | violent crime is commenced, or the
filing of a petition to | ||||||
11 | adjudicate a minor as a delinquent for a violent
crime;
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12 | (2) shall provide notice of the date, time, and place | ||||||
13 | of trial;
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14 | (3) or victim advocate personnel shall provide | ||||||
15 | information of social
services and financial assistance | ||||||
16 | available for victims of crime, including
information of | ||||||
17 | how to apply for these services and assistance;
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18 | (3.5) or victim advocate personnel shall provide | ||||||
19 | information about available victim services, including | ||||||
20 | referrals to programs, counselors, and agencies that | ||||||
21 | assist a victim to deal with trauma, loss, and grief;
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22 | (4) shall assist in having any stolen or other personal | ||||||
23 | property held by
law enforcement authorities for | ||||||
24 | evidentiary or other purposes returned as
expeditiously as | ||||||
25 | possible, pursuant to the procedures set out in Section | ||||||
26 | 115-9
of the Code of Criminal Procedure of 1963;
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1 | (5) or victim advocate personnel shall provide | ||||||
2 | appropriate employer
intercession services to ensure that | ||||||
3 | employers of victims will cooperate with
the criminal | ||||||
4 | justice system in order to minimize an employee's loss of | ||||||
5 | pay and
other benefits resulting from court appearances;
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6 | (6) shall provide information whenever possible, of a | ||||||
7 | secure waiting
area during court proceedings that does not | ||||||
8 | require victims to be in close
proximity to defendant or | ||||||
9 | juveniles accused of a violent crime, and their
families | ||||||
10 | and friends;
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11 | (7) shall provide notice to the crime victim of the | ||||||
12 | right to have a
translator present at all court proceedings | ||||||
13 | and, in compliance with the federal Americans
with | ||||||
14 | Disabilities Act of 1990, the right to communications | ||||||
15 | access through a
sign language interpreter or by other | ||||||
16 | means;
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17 | (8) in the case of the death of a person, which death | ||||||
18 | occurred in the same
transaction or occurrence in which | ||||||
19 | acts occurred for which a defendant is
charged with an | ||||||
20 | offense, shall notify the spouse, parent, child or sibling | ||||||
21 | of
the decedent of the date of the trial of the person or | ||||||
22 | persons allegedly
responsible for the death;
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23 | (9) shall inform the victim of the right to have | ||||||
24 | present at all court
proceedings, subject to the rules of | ||||||
25 | evidence, an advocate or other support
person of the | ||||||
26 | victim's choice, and the right to retain an attorney, at |
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1 | the
victim's own expense, who, upon written notice filed | ||||||
2 | with the clerk of the
court and State's Attorney, is to | ||||||
3 | receive copies of all notices, motions and
court orders | ||||||
4 | filed thereafter in the case, in the same manner as if the | ||||||
5 | victim
were a named party in the case;
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6 | (9.5) shall inform the victim's spouse, guardian, | ||||||
7 | parent, grandparent, and other immediate family and | ||||||
8 | household members of their rights under Section 6 of this | ||||||
9 | Act to present an impact statement at sentencing; and if a | ||||||
10 | presentence report is to be prepared, shall inform the | ||||||
11 | victim's spouse, guardian, parent, grandparent, and other | ||||||
12 | immediate family and household members of their right to | ||||||
13 | submit information to the preparer of the presentence | ||||||
14 | report about the effect the offense has had on the victim | ||||||
15 | and the person;
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16 | (10) at the sentencing hearing shall make a good faith | ||||||
17 | attempt to explain
the minimum amount of time during which | ||||||
18 | the defendant may actually be
physically imprisoned. The | ||||||
19 | Office of the State's Attorney shall further notify
the | ||||||
20 | crime victim of the right to request from the Prisoner | ||||||
21 | Review Board
information concerning the release of the | ||||||
22 | defendant under subparagraph (d)(1)
of this Section;
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23 | (11) shall request restitution at sentencing and shall | ||||||
24 | consider
restitution in any plea negotiation, as provided | ||||||
25 | by law; and
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26 | (12) shall, upon the court entering a verdict of not |
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1 | guilty by reason of insanity, inform the victim of the | ||||||
2 | notification services available from the Department of | ||||||
3 | Human Services, including the statewide telephone number, | ||||||
4 | under subparagraph (d)(2) of this Section. | ||||||
5 | (c) At the written request of the crime victim, the office | ||||||
6 | of the State's
Attorney shall:
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7 | (1) provide notice a reasonable time in advance of the | ||||||
8 | following court
proceedings: preliminary hearing, any | ||||||
9 | hearing the effect of which may be the
release of defendant | ||||||
10 | from custody, or to alter the conditions of bond and the
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11 | sentencing hearing. The crime victim shall also be notified | ||||||
12 | of the
cancellation of the court proceeding in sufficient | ||||||
13 | time, wherever possible, to
prevent an unnecessary | ||||||
14 | appearance in court;
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15 | (2) provide notice within a reasonable time after | ||||||
16 | receipt of notice from
the custodian, of the release of the | ||||||
17 | defendant on bail or personal recognizance
or the release | ||||||
18 | from detention of a minor who has been detained for a | ||||||
19 | violent
crime;
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20 | (3) explain in nontechnical language the details of any | ||||||
21 | plea or verdict of
a defendant, or any adjudication of a | ||||||
22 | juvenile as a delinquent for a violent
crime;
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23 | (4) where practical, consult with the crime victim | ||||||
24 | before the Office of
the State's Attorney makes an offer of | ||||||
25 | a plea bargain to the defendant or
enters into negotiations | ||||||
26 | with the defendant concerning a possible plea
agreement, |
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1 | and shall consider the written victim impact statement, if | ||||||
2 | prepared
prior to entering into a plea agreement;
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3 | (5) provide notice of the ultimate disposition of the | ||||||
4 | cases arising from
an indictment or an information, or a | ||||||
5 | petition to have a juvenile adjudicated
as a delinquent for | ||||||
6 | a violent crime;
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7 | (6) provide notice of any appeal taken by the defendant | ||||||
8 | and information
on how to contact the appropriate agency | ||||||
9 | handling the appeal;
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10 | (7) provide notice of any request for post-conviction | ||||||
11 | review filed by the
defendant under Article 122 of the Code | ||||||
12 | of Criminal Procedure of 1963, and of
the date, time and | ||||||
13 | place of any hearing concerning the petition. Whenever
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14 | possible, notice of the hearing shall be given in advance;
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15 | (8) forward a copy of any statement presented under | ||||||
16 | Section 6 to the
Prisoner Review Board to be considered by | ||||||
17 | the Board in making its determination
under subsection (b) | ||||||
18 | of Section 3-3-8 of the Unified Code of Corrections.
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19 | (d) (1) The Prisoner Review Board shall inform a victim or | ||||||
20 | any other
concerned citizen, upon written request, of the | ||||||
21 | prisoner's release on parole,
mandatory supervised release, | ||||||
22 | electronic detention, work release, international transfer or | ||||||
23 | exchange, or by the
custodian of the discharge of any | ||||||
24 | individual who was adjudicated a delinquent
for a violent crime | ||||||
25 | from State custody and by the sheriff of the appropriate
county | ||||||
26 | of any such person's final discharge from county custody.
The |
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1 | Prisoner Review Board, upon written request, shall provide to a | ||||||
2 | victim or
any other concerned citizen a recent photograph of | ||||||
3 | any person convicted of a
felony, upon his or her release from | ||||||
4 | custody.
The Prisoner
Review Board, upon written request, shall | ||||||
5 | inform a victim or any other
concerned citizen when feasible at | ||||||
6 | least 7 days prior to the prisoner's release
on furlough of the | ||||||
7 | times and dates of such furlough. Upon written request by
the | ||||||
8 | victim or any other concerned citizen, the State's Attorney | ||||||
9 | shall notify
the person once of the times and dates of release | ||||||
10 | of a prisoner sentenced to
periodic imprisonment. Notification | ||||||
11 | shall be based on the most recent
information as to victim's or | ||||||
12 | other concerned citizen's residence or other
location | ||||||
13 | available to the notifying authority.
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14 | (2) When the defendant has been committed to the Department | ||||||
15 | of
Human Services pursuant to Section 5-2-4 or any other
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16 | provision of the Unified Code of Corrections, the victim may | ||||||
17 | request to be
notified by the releasing authority of the | ||||||
18 | approval by the court of an on-grounds pass, a supervised | ||||||
19 | off-grounds pass, an unsupervised off-grounds pass, or | ||||||
20 | conditional release; the release on an off-grounds pass; the | ||||||
21 | return from an off-grounds pass; transfer to another facility; | ||||||
22 | conditional release; escape; death; or final discharge from | ||||||
23 | State
custody. The Department of Human Services shall establish | ||||||
24 | and maintain a statewide telephone number to be used by victims | ||||||
25 | to make notification requests under these provisions and shall | ||||||
26 | publicize this telephone number on its website and to the |
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1 | State's Attorney of each county.
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2 | (3) In the event of an escape from State custody, the | ||||||
3 | Department of
Corrections or the Department of Juvenile Justice | ||||||
4 | immediately shall notify the Prisoner Review Board of the | ||||||
5 | escape
and the Prisoner Review Board shall notify the victim. | ||||||
6 | The notification shall
be based upon the most recent | ||||||
7 | information as to the victim's residence or other
location | ||||||
8 | available to the Board. When no such information is available, | ||||||
9 | the
Board shall make all reasonable efforts to obtain the | ||||||
10 | information and make
the notification. When the escapee is | ||||||
11 | apprehended, the Department of
Corrections or the Department of | ||||||
12 | Juvenile Justice immediately shall notify the Prisoner Review | ||||||
13 | Board and the Board
shall notify the victim.
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14 | (4) The victim of the crime for which the prisoner has been | ||||||
15 | sentenced
shall receive reasonable written notice not less than | ||||||
16 | 30 days prior to the
parole interview and may submit, in | ||||||
17 | writing, on film, videotape or other
electronic means or in the | ||||||
18 | form of a recording or in person at the parole
interview
or if | ||||||
19 | a victim of a violent crime, by calling the
toll-free number | ||||||
20 | established in subsection (f) of this Section, information
for
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21 | consideration by the Prisoner Review Board. The
victim shall be | ||||||
22 | notified within 7 days after the prisoner has been granted
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23 | parole and shall be informed of the right to inspect the | ||||||
24 | registry of parole
decisions, established under subsection (g) | ||||||
25 | of Section 3-3-5 of the Unified
Code of Corrections. The | ||||||
26 | provisions of this paragraph (4) are subject to the
Open Parole |
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1 | Hearings Act.
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2 | (5) If a statement is presented under Section 6, the | ||||||
3 | Prisoner Review Board
shall inform the victim of any order of | ||||||
4 | discharge entered by the Board pursuant
to Section 3-3-8 of the | ||||||
5 | Unified Code of Corrections.
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6 | (6) At the written request of the victim of the crime for | ||||||
7 | which the
prisoner was sentenced or the State's Attorney of the | ||||||
8 | county where the person seeking parole was prosecuted, the | ||||||
9 | Prisoner Review Board shall notify the victim and the State's | ||||||
10 | Attorney of the county where the person seeking parole was | ||||||
11 | prosecuted of
the death of the prisoner if the prisoner died | ||||||
12 | while on parole or mandatory
supervised release.
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13 | (7) When a defendant who has been committed to the | ||||||
14 | Department of
Corrections, the Department of Juvenile Justice, | ||||||
15 | or the Department of Human Services is released or discharged | ||||||
16 | and
subsequently committed to the Department of Human Services | ||||||
17 | as a sexually
violent person and the victim had requested to be | ||||||
18 | notified by the releasing
authority of the defendant's | ||||||
19 | discharge, conditional release, death, or escape from State | ||||||
20 | custody, the releasing
authority shall provide to the | ||||||
21 | Department of Human Services such information
that would allow | ||||||
22 | the Department of Human Services to contact the victim.
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23 | (8) When a defendant has been convicted of a sex offense as | ||||||
24 | defined in Section 2 of the Sex Offender Registration Act and | ||||||
25 | has been sentenced to the Department of Corrections or the | ||||||
26 | Department of Juvenile Justice, the Prisoner Review Board shall |
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1 | notify the victim of the sex offense of the prisoner's | ||||||
2 | eligibility for release on parole,
mandatory supervised | ||||||
3 | release, electronic detention, work release, international | ||||||
4 | transfer or exchange, or by the
custodian of the discharge of | ||||||
5 | any individual who was adjudicated a delinquent
for a sex | ||||||
6 | offense from State custody and by the sheriff of the | ||||||
7 | appropriate
county of any such person's final discharge from | ||||||
8 | county custody. The notification shall be made to the victim at | ||||||
9 | least 30 days, whenever possible, before release of the sex | ||||||
10 | offender. | ||||||
11 | (e) The officials named in this Section may satisfy some or | ||||||
12 | all of their
obligations to provide notices and other | ||||||
13 | information through participation in a
statewide victim and | ||||||
14 | witness notification system established by the Attorney
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15 | General under Section 8.5 of this Act.
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16 | (f) To permit a victim of a violent crime to provide | ||||||
17 | information to the
Prisoner Review Board for consideration by | ||||||
18 | the
Board at a parole hearing of a person who committed the | ||||||
19 | crime against
the victim in accordance with clause (d)(4) of | ||||||
20 | this Section or at a proceeding
to determine the conditions of | ||||||
21 | mandatory supervised release of a person
sentenced to a | ||||||
22 | determinate sentence or at a hearing on revocation of mandatory
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23 | supervised release of a person sentenced to a determinate | ||||||
24 | sentence, the Board
shall establish a toll-free number that may | ||||||
25 | be accessed by the victim of
a violent crime to present that | ||||||
26 | information to the Board.
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1 | (Source: P.A. 96-328, eff. 8-11-09; 96-875, eff. 1-22-10; | ||||||
2 | 97-457, eff. 1-1-12; 97-572, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
3 | 97-815, eff. 1-1-13.)
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4 | Section 10. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-3-2 as follows:
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6 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
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7 | Sec. 5-3-2. Presentence Report.
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8 | (a) In felony cases, the presentence
report shall set | ||||||
9 | forth:
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10 | (1) the defendant's history of delinquency or | ||||||
11 | criminality,
physical and mental history and condition, | ||||||
12 | family situation and
background, economic status, | ||||||
13 | education, occupation and personal habits;
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14 | (2) information about special resources within the | ||||||
15 | community
which might be available to assist the | ||||||
16 | defendant's rehabilitation,
including treatment centers, | ||||||
17 | residential facilities, vocational
training services, | ||||||
18 | correctional manpower programs, employment
opportunities, | ||||||
19 | special educational programs, alcohol and drug
abuse | ||||||
20 | programming, psychiatric and marriage counseling, and | ||||||
21 | other
programs and facilities which could aid the | ||||||
22 | defendant's successful
reintegration into society;
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23 | (3) the effect the offense committed has had upon the | ||||||
24 | victim or
victims thereof, and any compensatory benefit |
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1 | that various
sentencing alternatives would confer on such | ||||||
2 | victim or victims;
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3 | (3.5) information provided by the victim's spouse, | ||||||
4 | guardian, parent, grandparent, and other immediate family | ||||||
5 | and household members about the effect the offense | ||||||
6 | committed has had on the victim and on the person providing | ||||||
7 | the information; if the victim's spouse, guardian, parent, | ||||||
8 | grandparent, or other immediate family or household member | ||||||
9 | has provided a written statement, the statement shall be | ||||||
10 | attached to the report; | ||||||
11 | (4) information concerning the defendant's status | ||||||
12 | since arrest,
including his record if released on his own | ||||||
13 | recognizance, or the
defendant's achievement record if | ||||||
14 | released on a conditional
pre-trial supervision program;
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15 | (5) when appropriate, a plan, based upon the personal, | ||||||
16 | economic
and social adjustment needs of the defendant, | ||||||
17 | utilizing public and
private community resources as an | ||||||
18 | alternative to institutional
sentencing;
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19 | (6) any other matters that the investigatory officer | ||||||
20 | deems
relevant or the court directs to be included; and
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21 | (7) information concerning defendant's eligibility for | ||||||
22 | a sentence to a
county impact incarceration program under | ||||||
23 | Section 5-8-1.2 of this Code.
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24 | (b) The investigation shall include a physical and mental
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25 | examination of the defendant when so ordered by the court. If
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26 | the court determines that such an examination should be made, |
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1 | it
shall issue an order that the defendant submit to | ||||||
2 | examination at
such time and place as designated by the court | ||||||
3 | and that such
examination be conducted by a physician, | ||||||
4 | psychologist or
psychiatrist designated by the court. Such an | ||||||
5 | examination may
be conducted in a court clinic if so ordered by | ||||||
6 | the court. The
cost of such examination shall be paid by the | ||||||
7 | county in which
the trial is held.
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8 | (b-5) In cases involving felony sex offenses in which the | ||||||
9 | offender is being considered for probation only or any felony | ||||||
10 | offense that is
sexually motivated as defined in the Sex | ||||||
11 | Offender Management Board Act in which the offender is being | ||||||
12 | considered for probation only, the
investigation shall include | ||||||
13 | a sex offender evaluation by an evaluator approved
by the Board | ||||||
14 | and conducted in conformance with the standards developed under
| ||||||
15 | the Sex Offender Management Board Act. In cases in which the | ||||||
16 | offender is being considered for any mandatory prison sentence, | ||||||
17 | the investigation shall not include a sex offender evaluation.
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18 | (c) In misdemeanor, business offense or petty offense | ||||||
19 | cases, except as
specified in subsection (d) of this Section, | ||||||
20 | when a presentence report has
been ordered by the court, such | ||||||
21 | presentence report shall contain
information on the | ||||||
22 | defendant's history of delinquency or criminality and
shall | ||||||
23 | further contain only those matters listed in any of paragraphs | ||||||
24 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
25 | Section as are
specified by the court in its order for the | ||||||
26 | report.
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1 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
2 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
3 | 2012, the presentence report shall set forth
information about | ||||||
4 | alcohol, drug abuse, psychiatric, and marriage counseling
or | ||||||
5 | other treatment programs and facilities, information on the | ||||||
6 | defendant's
history of delinquency or criminality, and shall | ||||||
7 | contain those additional
matters listed in any of paragraphs | ||||||
8 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
9 | Section as are specified by the court.
| ||||||
10 | (e) Nothing in this Section shall cause the defendant to be
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11 | held without bail or to have his bail revoked for the purpose
| ||||||
12 | of preparing the presentence report or making an examination.
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13 | (Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
14 | 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. | ||||||
15 | 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)".
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