Bill Text: IL HB4266 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0717 [HB4266 Detail]
Download: Illinois-2013-HB4266-Enrolled.html
Bill Title: Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2014-07-16 - Public Act . . . . . . . . . 98-0717 [HB4266 Detail]
Download: Illinois-2013-HB4266-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 3. The Rights of Crime Victims and Witnesses Act is | ||||||
5 | amended by changing Section 8.5 as follows:
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6 | (725 ILCS 120/8.5)
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7 | Sec. 8.5. Statewide victim and witness notification | ||||||
8 | system.
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9 | (a) The Attorney General may establish a crime victim and | ||||||
10 | witness
notification system to assist public officials in | ||||||
11 | carrying out their
duties to notify and inform crime victims | ||||||
12 | and witnesses under Section 4.5 of
this Act or under | ||||||
13 | subsections (a), (a-2), and (a-3) of Section 120 of the Sex | ||||||
14 | Offender Community Notification Law as the Attorney General | ||||||
15 | specifies by rule. The system shall download
necessary
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16 | information from participating officials into its computers, | ||||||
17 | where it shall be
maintained, updated, and automatically | ||||||
18 | transmitted to victims and witnesses by
telephone, computer, or | ||||||
19 | written notice.
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20 | (b) The Illinois Department of Corrections, the Department | ||||||
21 | of Juvenile Justice, the Department of Human
Services, and the | ||||||
22 | Prisoner Review Board shall cooperate with the Attorney
General | ||||||
23 | in the implementation of this Section and shall provide |
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1 | information as
necessary to the effective operation of the | ||||||
2 | system.
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3 | (c) State's attorneys, circuit court clerks, and local law | ||||||
4 | enforcement
and correctional authorities
may enter into | ||||||
5 | agreements with the Attorney General for participation in the
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6 | system. The Attorney General may provide those who elect to | ||||||
7 | participate with
the equipment, software, or training | ||||||
8 | necessary to bring their offices into the
system.
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9 | (d) The provision of information to crime victims and | ||||||
10 | witnesses through the
Attorney General's notification system
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11 | satisfies a given State or local official's corresponding | ||||||
12 | obligation to provide the information.
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13 | (e) The Attorney General may provide for telephonic, | ||||||
14 | electronic, or other
public access to the database established | ||||||
15 | under this Section.
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16 | (f) The Attorney General shall adopt rules as necessary to | ||||||
17 | implement this
Section. The rules shall include, but not be | ||||||
18 | limited to, provisions for the
scope and operation of any | ||||||
19 | system the Attorney General may establish
and procedures, | ||||||
20 | requirements,
and standards for entering into agreements to | ||||||
21 | participate in the system and to
receive equipment, software, | ||||||
22 | or training.
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23 | (g) There is established in the Office of the Attorney | ||||||
24 | General a Crime
Victim and Witness Notification Advisory
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25 | Committee consisting of those victims advocates, sheriffs,
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26 | State's Attorneys, circuit court clerks, Illinois Department |
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1 | of
Corrections, the Department of Juvenile Justice, and | ||||||
2 | Prisoner Review
Board
employees that the Attorney General
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3 | chooses to appoint. The Attorney General shall designate one | ||||||
4 | member to chair
the Committee.
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5 | (1) The Committee shall consult with and advise the | ||||||
6 | Attorney General as to
the exercise of the Attorney | ||||||
7 | General's authority under this Section, including,
but not | ||||||
8 | limited
to:
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9 | (i) the design, scope, and operation of the | ||||||
10 | notification system;
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11 | (ii) the content of any rules adopted to implement | ||||||
12 | this Section;
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13 | (iii) the procurement of hardware, software, and
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14 | support for the system, including choice of supplier or | ||||||
15 | operator; and
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16 | (iv) the acceptance of agreements with and the | ||||||
17 | award of equipment,
software, or training to officials | ||||||
18 | that seek to participate in the system.
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19 | (2) The Committee shall review the status and operation | ||||||
20 | of the system and
report any findings and recommendations | ||||||
21 | for changes to the Attorney General and
the General | ||||||
22 | Assembly by November 1 of each year.
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23 | (3) The members of the Committee shall receive no | ||||||
24 | compensation for their
services as members of the | ||||||
25 | Committee, but may be reimbursed for their actual
expenses | ||||||
26 | incurred in serving on the Committee.
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1 | (h) The Attorney General shall not release the names, | ||||||
2 | addresses,
phone numbers, personal identification numbers, or | ||||||
3 | email addresses of
any person registered to receive | ||||||
4 | notifications to any other person except
State or local | ||||||
5 | officials using the notification system to satisfy the | ||||||
6 | official's
obligation to provide the information. The Attorney | ||||||
7 | General may
grant limited access to the Automated Victim | ||||||
8 | Notification system (AVN) to law enforcement, prosecution,
and | ||||||
9 | other agencies that provide service to victims of violent crime | ||||||
10 | to assist
victims in enrolling and utilizing the AVN system. | ||||||
11 | (Source: P.A. 96-1092, eff. 1-1-11.)
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12 | Section 5. The Unified Code of Corrections is amended by | ||||||
13 | changing Section 3-3-4 as follows:
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14 | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
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15 | Sec. 3-3-4. Preparation for Parole Hearing.
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16 | (a) The Prisoner Review Board shall consider the parole
of | ||||||
17 | each eligible person committed to the Department of Corrections | ||||||
18 | at
least 30 days prior to the date he or she shall first become
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19 | eligible for parole, and shall consider the aftercare release | ||||||
20 | of each
person committed to the Department of Juvenile Justice | ||||||
21 | as a delinquent
at least 30 days prior to the expiration of the | ||||||
22 | first year
of confinement.
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23 | (b) A person eligible for parole or aftercare release | ||||||
24 | shall, no less than 15 days in advance of
his or her parole |
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1 | interview, prepare a parole or aftercare release plan in | ||||||
2 | accordance
with the rules of the Prisoner Review Board. The | ||||||
3 | person
shall be assisted in preparing his or her parole or | ||||||
4 | aftercare release plan by personnel
of the Department of | ||||||
5 | Corrections, or the Department of Juvenile Justice in the case | ||||||
6 | of a person committed to that Department, and may, for this | ||||||
7 | purpose, be released
on furlough under Article 11 or on | ||||||
8 | authorized absence under
Section 3-9-4. The appropriate | ||||||
9 | Department shall also provide
assistance in obtaining | ||||||
10 | information and records helpful to
the individual for his or | ||||||
11 | her parole hearing. If the person eligible for parole or | ||||||
12 | aftercare release has a petition or any written submissions | ||||||
13 | prepared on his or her behalf by an attorney or other | ||||||
14 | representative, the attorney or representative for the person | ||||||
15 | eligible for parole or aftercare release must serve by | ||||||
16 | certified mail the State's Attorney of the county where he or | ||||||
17 | she was prosecuted with the petition or any written submissions | ||||||
18 | 15 days after his or her parole interview. The State's Attorney | ||||||
19 | shall provide the attorney for the person eligible for parole | ||||||
20 | or aftercare release with a copy of his or her letter in | ||||||
21 | opposition to parole or aftercare release via certified mail | ||||||
22 | within 5 business days of the en banc hearing.
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23 | (c) Any member of the Board shall have access at all
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24 | reasonable times to any committed person and to his or her | ||||||
25 | master
record file within the Department, and the Department | ||||||
26 | shall
furnish such a report to the Board
concerning the conduct |
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1 | and character of any such person prior to his or her parole | ||||||
2 | interview.
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3 | (d) In making its determination of parole or aftercare | ||||||
4 | release, the Board
shall consider:
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5 | (1) material transmitted to the Department of Juvenile | ||||||
6 | Justice by the
clerk of the committing court under Section | ||||||
7 | 5-4-1 or Section
5-10 of the Juvenile Court Act or Section | ||||||
8 | 5-750 of the Juvenile
Court Act of 1987;
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9 | (2) the report under Section 3-8-2 or 3-10-2;
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10 | (3) a report by the Department and any report by the
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11 | chief administrative officer of the institution or | ||||||
12 | facility;
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13 | (4) a parole or aftercare release progress report;
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14 | (5) a medical and psychological report, if requested
by | ||||||
15 | the Board;
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16 | (6) material in writing, or on film, video tape or | ||||||
17 | other electronic
means in the form of a recording submitted | ||||||
18 | by the person whose parole or aftercare release
is being | ||||||
19 | considered;
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20 | (7) material in writing, or on film, video tape or | ||||||
21 | other electronic
means in the form of a recording or | ||||||
22 | testimony submitted by the State's
Attorney and the victim | ||||||
23 | or a concerned citizen pursuant to the Rights of Crime | ||||||
24 | Victims and Witnesses Act; and
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25 | (8) the person's eligibility for commitment under the | ||||||
26 | Sexually Violent Persons Commitment Act. |
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1 | (e) The prosecuting State's Attorney's office shall | ||||||
2 | receive from the Board reasonable
written notice not less than | ||||||
3 | 30 days prior to the parole or aftercare release interview and | ||||||
4 | may
submit relevant information by oral argument or testimony | ||||||
5 | of victims and concerned citizens, or both, in writing, or on | ||||||
6 | film, video tape or other
electronic means or in the form of a | ||||||
7 | recording to the Board for its
consideration. Upon written | ||||||
8 | request of the State's Attorney's office, the Prisoner Review | ||||||
9 | Board shall hear protests to parole, or aftercare release, | ||||||
10 | except in counties of 1,500,000 or more inhabitants where there | ||||||
11 | shall be standing objections to all such petitions. If a | ||||||
12 | State's Attorney who represents a county of less than 1,500,000 | ||||||
13 | inhabitants requests a protest hearing, the inmate's counsel or | ||||||
14 | other representative shall also receive notice of such request.
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15 | This hearing shall take place the month following the inmate's | ||||||
16 | parole or aftercare release interview. If the inmate's parole | ||||||
17 | or aftercare release interview is rescheduled then the Prisoner | ||||||
18 | Review Board shall promptly notify the State's Attorney of the | ||||||
19 | new date. The person eligible for parole or aftercare release | ||||||
20 | shall be heard at the next scheduled en banc hearing date. If | ||||||
21 | the case is to be continued, the State's Attorney's office and | ||||||
22 | the attorney or representative for the person eligible for | ||||||
23 | parole or aftercare release will be notified of any continuance | ||||||
24 | within 5 business days. The State's Attorney may waive the | ||||||
25 | written notice.
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26 | (f) The victim of the violent crime for which the prisoner |
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1 | has been
sentenced shall receive notice of a parole or | ||||||
2 | aftercare release hearing as provided in paragraph
(4) of | ||||||
3 | subsection (d) of Section 4.5 of the Rights of Crime Victims | ||||||
4 | and Witnesses
Act.
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5 | (g) Any recording considered under the provisions of | ||||||
6 | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | ||||||
7 | the form designated by the Board.
Such recording shall be both | ||||||
8 | visual and aural. Every voice on the
recording and person | ||||||
9 | present shall be identified and the recording shall
contain | ||||||
10 | either a visual or aural statement of the person submitting | ||||||
11 | such
recording, the date of the recording and the name of the | ||||||
12 | person whose
parole or aftercare release eligibility is being | ||||||
13 | considered. Such recordings shall be retained by
the Board and | ||||||
14 | shall be deemed to be submitted at any subsequent parole or | ||||||
15 | aftercare release hearing
if the victim or State's Attorney | ||||||
16 | submits in writing a declaration clearly
identifying such | ||||||
17 | recording as representing the present position of the
victim or | ||||||
18 | State's Attorney regarding the issues to be considered at the | ||||||
19 | parole or aftercare release
hearing.
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20 | (h) The Board shall not release any material to the inmate, | ||||||
21 | the inmate's attorney, any third party, or any other person | ||||||
22 | containing any information from the victim or from a person | ||||||
23 | related to the victim by blood, adoption, or marriage who has | ||||||
24 | written objections, testified at any hearing, or submitted | ||||||
25 | audio or visual objections to the inmate's parole, or aftercare | ||||||
26 | release, unless provided with a waiver from that objecting |
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1 | party. The Board shall not release the names or addresses of | ||||||
2 | any person on its victim registry to any other person except | ||||||
3 | the victim, a law enforcement agency, or other victim | ||||||
4 | notification system. | ||||||
5 | (Source: P.A. 97-523, eff. 1-1-12; 97-1075, eff. 8-24-12; | ||||||
6 | 97-1083, eff. 8-24-12; 98-463, eff. 8-16-13; 98-558, eff. | ||||||
7 | 1-1-14.)
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