|
| Public Act 098-0717
|
| HB4266 Enrolled | LRB098 16014 RLC 51066 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 3. The Rights of Crime Victims and Witnesses Act is |
amended by changing Section 8.5 as follows:
|
(725 ILCS 120/8.5)
|
Sec. 8.5. Statewide victim and witness notification |
system.
|
(a) The Attorney General may establish a crime victim and |
witness
notification system to assist public officials in |
carrying out their
duties to notify and inform crime victims |
and witnesses under Section 4.5 of
this Act or under |
subsections (a), (a-2), and (a-3) of Section 120 of the Sex |
Offender Community Notification Law as the Attorney General |
specifies by rule. The system shall download
necessary
|
information from participating officials into its computers, |
where it shall be
maintained, updated, and automatically |
transmitted to victims and witnesses by
telephone, computer, or |
written notice.
|
(b) The Illinois Department of Corrections, the Department |
of Juvenile Justice, the Department of Human
Services, and the |
Prisoner Review Board shall cooperate with the Attorney
General |
in the implementation of this Section and shall provide |
|
information as
necessary to the effective operation of the |
system.
|
(c) State's attorneys, circuit court clerks, and local law |
enforcement
and correctional authorities
may enter into |
agreements with the Attorney General for participation in the
|
system. The Attorney General may provide those who elect to |
participate with
the equipment, software, or training |
necessary to bring their offices into the
system.
|
(d) The provision of information to crime victims and |
witnesses through the
Attorney General's notification system
|
satisfies a given State or local official's corresponding |
obligation to provide the information.
|
(e) The Attorney General may provide for telephonic, |
electronic, or other
public access to the database established |
under this Section.
|
(f) The Attorney General shall adopt rules as necessary to |
implement this
Section. The rules shall include, but not be |
limited to, provisions for the
scope and operation of any |
system the Attorney General may establish
and procedures, |
requirements,
and standards for entering into agreements to |
participate in the system and to
receive equipment, software, |
or training.
|
(g) There is established in the Office of the Attorney |
General a Crime
Victim and Witness Notification Advisory
|
Committee consisting of those victims advocates, sheriffs,
|
State's Attorneys, circuit court clerks, Illinois Department |
|
of
Corrections, the Department of Juvenile Justice, and |
Prisoner Review
Board
employees that the Attorney General
|
chooses to appoint. The Attorney General shall designate one |
member to chair
the Committee.
|
(1) The Committee shall consult with and advise the |
Attorney General as to
the exercise of the Attorney |
General's authority under this Section, including,
but not |
limited
to:
|
(i) the design, scope, and operation of the |
notification system;
|
(ii) the content of any rules adopted to implement |
this Section;
|
(iii) the procurement of hardware, software, and
|
support for the system, including choice of supplier or |
operator; and
|
(iv) the acceptance of agreements with and the |
award of equipment,
software, or training to officials |
that seek to participate in the system.
|
(2) The Committee shall review the status and operation |
of the system and
report any findings and recommendations |
for changes to the Attorney General and
the General |
Assembly by November 1 of each year.
|
(3) The members of the Committee shall receive no |
compensation for their
services as members of the |
Committee, but may be reimbursed for their actual
expenses |
incurred in serving on the Committee.
|
|
(h) The Attorney General shall not release the names, |
addresses,
phone numbers, personal identification numbers, or |
email addresses of
any person registered to receive |
notifications to any other person except
State or local |
officials using the notification system to satisfy the |
official's
obligation to provide the information. The Attorney |
General may
grant limited access to the Automated Victim |
Notification system (AVN) to law enforcement, prosecution,
and |
other agencies that provide service to victims of violent crime |
to assist
victims in enrolling and utilizing the AVN system. |
(Source: P.A. 96-1092, eff. 1-1-11.)
|
Section 5. The Unified Code of Corrections is amended by |
changing Section 3-3-4 as follows:
|
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
|
Sec. 3-3-4. Preparation for Parole Hearing.
|
(a) The Prisoner Review Board shall consider the parole
of |
each eligible person committed to the Department of Corrections |
at
least 30 days prior to the date he or she shall first become
|
eligible for parole, and shall consider the aftercare release |
of each
person committed to the Department of Juvenile Justice |
as a delinquent
at least 30 days prior to the expiration of the |
first year
of confinement.
|
(b) A person eligible for parole or aftercare release |
shall, no less than 15 days in advance of
his or her parole |
|
interview, prepare a parole or aftercare release plan in |
accordance
with the rules of the Prisoner Review Board. The |
person
shall be assisted in preparing his or her parole or |
aftercare release plan by personnel
of the Department of |
Corrections, or the Department of Juvenile Justice in the case |
of a person committed to that Department, and may, for this |
purpose, be released
on furlough under Article 11 or on |
authorized absence under
Section 3-9-4. The appropriate |
Department shall also provide
assistance in obtaining |
information and records helpful to
the individual for his or |
her parole hearing. If the person eligible for parole or |
aftercare release has a petition or any written submissions |
prepared on his or her behalf by an attorney or other |
representative, the attorney or representative for the person |
eligible for parole or aftercare release must serve by |
certified mail the State's Attorney of the county where he or |
she was prosecuted with the petition or any written submissions |
15 days after his or her parole interview. The State's Attorney |
shall provide the attorney for the person eligible for parole |
or aftercare release with a copy of his or her letter in |
opposition to parole or aftercare release via certified mail |
within 5 business days of the en banc hearing.
|
(c) Any member of the Board shall have access at all
|
reasonable times to any committed person and to his or her |
master
record file within the Department, and the Department |
shall
furnish such a report to the Board
concerning the conduct |
|
and character of any such person prior to his or her parole |
interview.
|
(d) In making its determination of parole or aftercare |
release, the Board
shall consider:
|
(1) material transmitted to the Department of Juvenile |
Justice by the
clerk of the committing court under Section |
5-4-1 or Section
5-10 of the Juvenile Court Act or Section |
5-750 of the Juvenile
Court Act of 1987;
|
(2) the report under Section 3-8-2 or 3-10-2;
|
(3) a report by the Department and any report by the
|
chief administrative officer of the institution or |
facility;
|
(4) a parole or aftercare release progress report;
|
(5) a medical and psychological report, if requested
by |
the Board;
|
(6) material in writing, or on film, video tape or |
other electronic
means in the form of a recording submitted |
by the person whose parole or aftercare release
is being |
considered;
|
(7) material in writing, or on film, video tape or |
other electronic
means in the form of a recording or |
testimony submitted by the State's
Attorney and the victim |
or a concerned citizen pursuant to the Rights of Crime |
Victims and Witnesses Act; and
|
(8) the person's eligibility for commitment under the |
Sexually Violent Persons Commitment Act. |
|
(e) The prosecuting State's Attorney's office shall |
receive from the Board reasonable
written notice not less than |
30 days prior to the parole or aftercare release interview and |
may
submit relevant information by oral argument or testimony |
of victims and concerned citizens, or both, in writing, or on |
film, video tape or other
electronic means or in the form of a |
recording to the Board for its
consideration. Upon written |
request of the State's Attorney's office, the Prisoner Review |
Board shall hear protests to parole, or aftercare release, |
except in counties of 1,500,000 or more inhabitants where there |
shall be standing objections to all such petitions. If a |
State's Attorney who represents a county of less than 1,500,000 |
inhabitants requests a protest hearing, the inmate's counsel or |
other representative shall also receive notice of such request.
|
This hearing shall take place the month following the inmate's |
parole or aftercare release interview. If the inmate's parole |
or aftercare release interview is rescheduled then the Prisoner |
Review Board shall promptly notify the State's Attorney of the |
new date. The person eligible for parole or aftercare release |
shall be heard at the next scheduled en banc hearing date. If |
the case is to be continued, the State's Attorney's office and |
the attorney or representative for the person eligible for |
parole or aftercare release will be notified of any continuance |
within 5 business days. The State's Attorney may waive the |
written notice.
|
(f) The victim of the violent crime for which the prisoner |
|
has been
sentenced shall receive notice of a parole or |
aftercare release hearing as provided in paragraph
(4) of |
subsection (d) of Section 4.5 of the Rights of Crime Victims |
and Witnesses
Act.
|
(g) Any recording considered under the provisions of |
subsection (d)(6),
(d)(7) or (e) of this Section shall be in |
the form designated by the Board.
Such recording shall be both |
visual and aural. Every voice on the
recording and person |
present shall be identified and the recording shall
contain |
either a visual or aural statement of the person submitting |
such
recording, the date of the recording and the name of the |
person whose
parole or aftercare release eligibility is being |
considered. Such recordings shall be retained by
the Board and |
shall be deemed to be submitted at any subsequent parole or |
aftercare release hearing
if the victim or State's Attorney |
submits in writing a declaration clearly
identifying such |
recording as representing the present position of the
victim or |
State's Attorney regarding the issues to be considered at the |
parole or aftercare release
hearing.
|
(h) The Board shall not release any material to the inmate, |
the inmate's attorney, any third party, or any other person |
containing any information from the victim or from a person |
related to the victim by blood, adoption, or marriage who has |
written objections, testified at any hearing, or submitted |
audio or visual objections to the inmate's parole, or aftercare |
release, unless provided with a waiver from that objecting |