Bill Text: IL HB5573 | 2017-2018 | 100th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Juvenile Court Act of 1987. Provides that a crime victim shall be allowed to present an oral or written statement in any case in which: (1) a juvenile has been adjudicated delinquent for a violent crime after a bench or jury trial; or (2) the petition alleged the commission of a violent crime and the juvenile has been adjudicated delinquent under a plea agreement of a crime that is not a violent crime. Amends the Rights of Crime Victims and Witnesses Act. Makes changes to the definitions of "sentence", "sentencing", and "court proceeding". Defines "status hearing" and "support person". Provides that a party who intends to call an advocate as a witness at trial must seek permission of the court before the subpoena is issued. Provides that 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: (1) the content of the anticipated testimony of the advocate; and (2) the relevance, admissibility, and materiality of the anticipated testimony in sufficient time to allow the court to rule and the victim to seek appellate review. Provides that 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, who shall provide the name to defendant. Provides that if the defendant intends to call the support person as a witness at trial, the defendant must seek permission of the court before a subpoena is issued. Amends the Unified Code of Corrections. Provides that the court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. Provides that an oral statement includes the victim or a representative of the victim reading the written statement. Provides that victim and any person making an oral statement shall not be put under oath or subject to cross-examination. Makes other changes.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-08-19 - Public Act . . . . . . . . . 100-0961 [HB5573 Detail]
Download: Illinois-2017-HB5573-Introduced.html
Bill Title: Amends the Juvenile Court Act of 1987. Provides that a crime victim shall be allowed to present an oral or written statement in any case in which: (1) a juvenile has been adjudicated delinquent for a violent crime after a bench or jury trial; or (2) the petition alleged the commission of a violent crime and the juvenile has been adjudicated delinquent under a plea agreement of a crime that is not a violent crime. Amends the Rights of Crime Victims and Witnesses Act. Makes changes to the definitions of "sentence", "sentencing", and "court proceeding". Defines "status hearing" and "support person". Provides that a party who intends to call an advocate as a witness at trial must seek permission of the court before the subpoena is issued. Provides that 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: (1) the content of the anticipated testimony of the advocate; and (2) the relevance, admissibility, and materiality of the anticipated testimony in sufficient time to allow the court to rule and the victim to seek appellate review. Provides that 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, who shall provide the name to defendant. Provides that if the defendant intends to call the support person as a witness at trial, the defendant must seek permission of the court before a subpoena is issued. Amends the Unified Code of Corrections. Provides that the court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. Provides that an oral statement includes the victim or a representative of the victim reading the written statement. Provides that victim and any person making an oral statement shall not be put under oath or subject to cross-examination. Makes other changes.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-08-19 - Public Act . . . . . . . . . 100-0961 [HB5573 Detail]
Download: Illinois-2017-HB5573-Introduced.html
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | AN ACT concerning crime victims.
| |||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||
4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||||||||||
5 | changing Section 5-705 as follows:
| |||||||||||||||||||||||||||||
6 | (705 ILCS 405/5-705)
| |||||||||||||||||||||||||||||
7 | Sec. 5-705. Sentencing hearing; evidence; continuance.
| |||||||||||||||||||||||||||||
8 | (1) In this subsection (1), "violent crime" has the same | |||||||||||||||||||||||||||||
9 | meaning ascribed to the term in subsection (c) of Section 3 of | |||||||||||||||||||||||||||||
10 | the Rights of Crime Victims and Witnesses Act. At the | |||||||||||||||||||||||||||||
11 | sentencing hearing, the court shall determine whether it is in
| |||||||||||||||||||||||||||||
12 | the best interests of the minor or the public that he or she be | |||||||||||||||||||||||||||||
13 | made a ward of
the
court, and, if he or she is to be made a ward | |||||||||||||||||||||||||||||
14 | of the court, the court shall
determine
the proper disposition | |||||||||||||||||||||||||||||
15 | best serving the interests of the minor and the public.
All | |||||||||||||||||||||||||||||
16 | evidence helpful in determining these questions,
including | |||||||||||||||||||||||||||||
17 | oral and written reports, may be admitted and may be relied | |||||||||||||||||||||||||||||
18 | upon to
the extent of its probative value, even though not | |||||||||||||||||||||||||||||
19 | competent for the purposes
of the trial. A crime victim shall | |||||||||||||||||||||||||||||
20 | be allowed to present an oral or written statement, as | |||||||||||||||||||||||||||||
21 | guaranteed by Article I, Section 8.1 of the Illinois | |||||||||||||||||||||||||||||
22 | Constitution and as provided in Section 6 of the Rights of | |||||||||||||||||||||||||||||
23 | Crime Victims and Witnesses Act, in any case in which: (a) a |
| |||||||
| |||||||
1 | juvenile has been adjudicated delinquent for a violent crime | ||||||
2 | after a bench or jury trial; or (b) the petition alleged the | ||||||
3 | commission of a violent crime and the juvenile has been | ||||||
4 | adjudicated delinquent under a plea agreement of a crime that | ||||||
5 | is not a violent crime. The court shall allow a victim to make | ||||||
6 | an oral statement if the victim is present in the courtroom and | ||||||
7 | requests to make an oral statement. An oral statement includes | ||||||
8 | the victim or a representative of the victim reading the | ||||||
9 | written statement. The court may allow persons impacted by the | ||||||
10 | crime who are not victims under subsection (a) of Section 3 of | ||||||
11 | the Rights of Crime Victims and Witnesses Act to present an | ||||||
12 | oral or written statement. A victim and any person making an | ||||||
13 | oral statement shall not be put under oath or subject to | ||||||
14 | cross-examination. A record of a prior continuance under | ||||||
15 | supervision
under Section 5-615, whether successfully | ||||||
16 | completed or not, is admissible at
the
sentencing hearing. No | ||||||
17 | order of commitment to the Department of Juvenile Justice shall | ||||||
18 | be entered against a minor before a written report of
social | ||||||
19 | investigation, which has been completed within the previous 60 | ||||||
20 | days, is
presented to and considered by the court.
| ||||||
21 | (2) Once a party has been served in compliance with Section | ||||||
22 | 5-525, no
further service or notice must be given to that party | ||||||
23 | prior to proceeding to a
sentencing hearing. Before
imposing | ||||||
24 | sentence the court shall advise the State's Attorney and
the | ||||||
25 | parties who are present or their counsel of the factual | ||||||
26 | contents and the
conclusions of the reports prepared for the |
| |||||||
| |||||||
1 | use of the court and considered by
it, and afford fair | ||||||
2 | opportunity, if requested, to controvert them. Factual
| ||||||
3 | contents, conclusions, documents and sources disclosed by the | ||||||
4 | court under this
paragraph shall not be further disclosed | ||||||
5 | without the express approval of the
court.
| ||||||
6 | (3) On its own motion or that of the State's Attorney, a | ||||||
7 | parent, guardian,
legal custodian, or counsel, the court may | ||||||
8 | adjourn the hearing for a reasonable
period to receive reports | ||||||
9 | or other evidence and, in such event, shall make an
appropriate | ||||||
10 | order for detention of
the minor or his or her release from | ||||||
11 | detention subject to supervision by the
court
during the period | ||||||
12 | of the continuance. In the event the court shall order
| ||||||
13 | detention hereunder, the period of the continuance shall not | ||||||
14 | exceed 30 court
days. At the end of such time, the court shall | ||||||
15 | release the minor from
detention unless notice is served at | ||||||
16 | least 3 days prior to the hearing on the
continued date that | ||||||
17 | the State will be seeking an extension of the period of
| ||||||
18 | detention, which notice shall state the reason for the request | ||||||
19 | for the
extension. The extension of detention may be for a | ||||||
20 | maximum period of an
additional 15 court days or a lesser | ||||||
21 | number of days at the discretion of the
court. However, at the | ||||||
22 | expiration of the period of extension, the court shall
release | ||||||
23 | the minor from detention if a further continuance is granted. | ||||||
24 | In
scheduling
investigations and hearings, the court shall give | ||||||
25 | priority to proceedings in
which a minor is in detention or has | ||||||
26 | otherwise been removed from his or her
home
before a sentencing |
| |||||||
| |||||||
1 | order has been made.
| ||||||
2 | (4) When commitment to the Department of Juvenile Justice | ||||||
3 | is
ordered, the court shall state the basis for selecting the | ||||||
4 | particular
disposition, and the court shall prepare such a | ||||||
5 | statement for inclusion in the
record.
| ||||||
6 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
7 | Section 10. The Rights of Crime Victims and Witnesses Act | ||||||
8 | is amended by changing Sections 3, 4.5, and 6 as follows:
| ||||||
9 | (725 ILCS 120/3) (from Ch. 38, par. 1403)
| ||||||
10 | Sec. 3. The terms used in this Act shall have the following | ||||||
11 | meanings:
| ||||||
12 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
13 | person determined by the prosecutor or the court to have | ||||||
14 | suffered direct physical or psychological harm as a result of a | ||||||
15 | violent crime perpetrated or attempted against that person or | ||||||
16 | direct physical or psychological harm as a result of (i) a | ||||||
17 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
18 | similar provision of a local ordinance or (ii) a violation of | ||||||
19 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012; (2) in the case of a crime victim who is under 18 years | ||||||
21 | of age or an adult victim who is incompetent or incapacitated, | ||||||
22 | both parents, legal guardians, foster parents, or a single | ||||||
23 | adult representative; (3) in the case of an adult deceased | ||||||
24 | victim, 2 representatives who may be the spouse, parent, child |
| |||||||
| |||||||
1 | or sibling of the victim, or the representative of the victim's | ||||||
2 | estate; and (4) an immediate family member of a victim under | ||||||
3 | clause (1) of this paragraph (a) chosen by the victim. If the | ||||||
4 | victim is 18 years of age or over, the victim may choose any | ||||||
5 | person to be the victim's representative. In no event shall the | ||||||
6 | defendant or any person who aided and abetted in the commission | ||||||
7 | of the crime be considered a victim, a crime victim, or a | ||||||
8 | representative of the victim. | ||||||
9 | A board, agency, or other governmental entity making | ||||||
10 | decisions regarding an offender's release, sentence reduction, | ||||||
11 | or clemency can determine additional persons are victims for | ||||||
12 | the purpose of its proceedings.
| ||||||
13 | (a-3) "Advocate" means a person whose communications with | ||||||
14 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
15 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
16 | Domestic Violence Act of 1986. | ||||||
17 | (a-5) "Confer" means to consult together, share | ||||||
18 | information, compare opinions and carry on a discussion or | ||||||
19 | deliberation. | ||||||
20 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
21 | imposition of sentence, a request for a reduction in sentence, | ||||||
22 | parole, mandatory supervised release, aftercare release, early | ||||||
23 | release, inpatient treatment, outpatient treatment, | ||||||
24 | conditional release after a finding that the defendant is not | ||||||
25 | guilty by reason of insanity, clemency, or a proposal that | ||||||
26 | would reduce the defendant's sentence or result in the |
| |||||||
| |||||||
1 | defendant's release. "Early release" refers to a discretionary | ||||||
2 | release. | ||||||
3 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
4 | imposition of sentence and a request for a reduction in | ||||||
5 | sentence, parole, mandatory supervised release, aftercare | ||||||
6 | release, or early release , consideration of inpatient | ||||||
7 | treatment or outpatient treatment, or conditional release | ||||||
8 | after a finding that the defendant is not guilty by reason of | ||||||
9 | insanity . | ||||||
10 | (a-10) "Status hearing" means a hearing designed to provide | ||||||
11 | information to the court, at which no motion of a substantive | ||||||
12 | nature and no constitutional or statutory right of a crime | ||||||
13 | victim is implicated or at issue. | ||||||
14 | (b) "Witness" means: any person who personally observed the | ||||||
15 | commission of
a crime and who will testify on behalf of the | ||||||
16 | State of Illinois; or a person who will be called by the | ||||||
17 | prosecution to give testimony establishing a necessary nexus | ||||||
18 | between the offender and the violent crime.
| ||||||
19 | (c) "Violent crime" means: (1) any felony in which force or | ||||||
20 | threat of force was
used against the victim; (2) any offense | ||||||
21 | involving sexual exploitation, sexual
conduct, or sexual | ||||||
22 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
23 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
25 | violation of an order of
protection, a civil no contact order, | ||||||
26 | or a stalking no contact order; (6) any misdemeanor which |
| |||||||
| |||||||
1 | results in death or great bodily
harm to the victim; or (7) any | ||||||
2 | violation of Section 9-3 of the Criminal Code of
1961 or the | ||||||
3 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
4 | Vehicle
Code, or a similar provision of a local ordinance, if | ||||||
5 | the violation resulted
in personal injury or death. "Violent | ||||||
6 | crime" includes any action committed by a juvenile
that would | ||||||
7 | be a violent crime if committed by an adult. For the purposes | ||||||
8 | of
this paragraph, "personal injury" shall include any Type A | ||||||
9 | injury as indicated
on the traffic accident report completed by | ||||||
10 | a law enforcement officer that
requires immediate professional | ||||||
11 | attention in either a doctor's office or
medical facility. A | ||||||
12 | type A injury shall include severely bleeding wounds,
distorted | ||||||
13 | extremities, and injuries that require the injured party to be
| ||||||
14 | carried from the scene.
| ||||||
15 | (d) (Blank).
| ||||||
16 | (e) "Court proceedings" includes, but is not limited to, | ||||||
17 | the preliminary hearing, any post-arraignment hearing the
| ||||||
18 | effect of which may be the release of the defendant from | ||||||
19 | custody or to alter
the conditions of bond, change of plea | ||||||
20 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
21 | sentencing, any oral argument or hearing before an Illinois | ||||||
22 | appellate court, any hearing under the Mental Health and | ||||||
23 | Developmental Disabilities Code or Section 5-2-4 of the Unified | ||||||
24 | Code of Corrections after a finding that the defendant is not | ||||||
25 | guilty by reason of insanity, including a hearing for | ||||||
26 | conditional release, any
hearing related to a modification of |
| |||||||
| |||||||
1 | sentence, probation revocation hearing, aftercare release or | ||||||
2 | parole hearings, post-conviction relief proceedings, habeas | ||||||
3 | corpus proceedings and clemency proceedings related to the | ||||||
4 | defendant's conviction or sentence. For purposes of the | ||||||
5 | victim's right to be present, "court proceedings" does not | ||||||
6 | include (1) hearings under Section 109-1 of the Code of | ||||||
7 | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | ||||||
8 | status hearings, or (4) the issuance of an order or decision of | ||||||
9 | an Illinois court that dismisses a charge, reverses a | ||||||
10 | conviction, reduces a sentence, or releases an offender under a | ||||||
11 | court rule.
| ||||||
12 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
13 | friends of the victim, witnesses to the
crime, or any other | ||||||
14 | person associated with the victim or prisoner. | ||||||
15 | (g) "Victim's attorney" means an attorney retained by the | ||||||
16 | victim for the purposes of asserting the victim's | ||||||
17 | constitutional and statutory rights. An attorney retained by | ||||||
18 | the victim means an attorney who is hired to represent the | ||||||
19 | victim at the victim's expense or an attorney who has agreed to | ||||||
20 | provide pro bono representation. Nothing in this statute | ||||||
21 | creates a right to counsel at public expense for a victim. | ||||||
22 | (h) "Support person" means a person chosen by a victim to | ||||||
23 | be present at court proceedings. | ||||||
24 | (Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15; | ||||||
25 | 99-413, eff. 8-20-15; 99-642, eff. 7-28-16; 99-671, eff. | ||||||
26 | 1-1-17 .)
|
| |||||||
| |||||||
1 | (725 ILCS 120/4.5)
| ||||||
2 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
3 | victims. To afford
crime victims their rights, law enforcement, | ||||||
4 | prosecutors, judges and
corrections will provide information, | ||||||
5 | as appropriate of the following
procedures:
| ||||||
6 | (a) At the request of the crime victim, law enforcement | ||||||
7 | authorities
investigating the case shall provide notice of the | ||||||
8 | status of the investigation,
except where the State's Attorney | ||||||
9 | determines that disclosure of such
information would | ||||||
10 | unreasonably interfere with the investigation, until such
time | ||||||
11 | as the alleged assailant is apprehended or the investigation is | ||||||
12 | closed.
| ||||||
13 | (a-5) When law enforcement authorities re-open a closed | ||||||
14 | case to resume investigating, they shall provide notice of the | ||||||
15 | re-opening of the case, except where the State's Attorney | ||||||
16 | determines that disclosure of such information would | ||||||
17 | unreasonably interfere with the investigation. | ||||||
18 | (b) The office of the State's Attorney:
| ||||||
19 | (1) shall provide notice of the filing of an | ||||||
20 | information, the return of an
indictment, or the
filing of | ||||||
21 | a petition to adjudicate a minor as a delinquent for a | ||||||
22 | violent
crime;
| ||||||
23 | (2) shall provide timely notice of the date, time, and | ||||||
24 | place of court proceedings; of any change in the date, | ||||||
25 | time, and place of court proceedings; and of any |
| |||||||
| |||||||
1 | cancellation of court proceedings. Notice shall be | ||||||
2 | provided in sufficient time, wherever possible, for the | ||||||
3 | victim to
make arrangements to attend or to prevent an | ||||||
4 | unnecessary appearance at court proceedings;
| ||||||
5 | (3) or victim advocate personnel shall provide | ||||||
6 | information of social
services and financial assistance | ||||||
7 | available for victims of crime, including
information of | ||||||
8 | how to apply for these services and assistance;
| ||||||
9 | (3.5) or victim advocate personnel shall provide | ||||||
10 | information about available victim services, including | ||||||
11 | referrals to programs, counselors, and agencies that | ||||||
12 | assist a victim to deal with trauma, loss, and grief; | ||||||
13 | (4) shall assist in having any stolen or other personal | ||||||
14 | property held by
law enforcement authorities for | ||||||
15 | evidentiary or other purposes returned as
expeditiously as | ||||||
16 | possible, pursuant to the procedures set out in Section | ||||||
17 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
18 | (5) or victim advocate personnel shall provide | ||||||
19 | appropriate employer
intercession services to ensure that | ||||||
20 | employers of victims will cooperate with
the criminal | ||||||
21 | justice system in order to minimize an employee's loss of | ||||||
22 | pay and
other benefits resulting from court appearances;
| ||||||
23 | (6) shall provide, whenever possible, a secure waiting
| ||||||
24 | area during court proceedings that does not require victims | ||||||
25 | to be in close
proximity to defendants or juveniles accused | ||||||
26 | of a violent crime, and their
families and friends;
|
| |||||||
| |||||||
1 | (7) shall provide notice to the crime victim of the | ||||||
2 | right to have a
translator present at all court proceedings | ||||||
3 | and, in compliance with the federal Americans
with | ||||||
4 | Disabilities Act of 1990, the right to communications | ||||||
5 | access through a
sign language interpreter or by other | ||||||
6 | means;
| ||||||
7 | (8) (blank);
| ||||||
8 | (8.5) shall inform the victim of the right to be | ||||||
9 | present at all court proceedings, unless the victim is to | ||||||
10 | testify and the court determines that the victim's | ||||||
11 | testimony would be materially affected if the victim hears | ||||||
12 | other testimony at trial; | ||||||
13 | (9) shall inform the victim of the right to have | ||||||
14 | present at all court
proceedings, subject to the rules of | ||||||
15 | evidence and confidentiality, an advocate and other | ||||||
16 | support
person of the victim's choice; | ||||||
17 | (9.3) shall inform the victim of the right to retain an | ||||||
18 | attorney, at the
victim's own expense, who, upon written | ||||||
19 | notice filed with the clerk of the
court and State's | ||||||
20 | Attorney, is to receive copies of all notices, motions and
| ||||||
21 | court orders filed thereafter in the case, in the same | ||||||
22 | manner as if the victim
were a named party in the case;
| ||||||
23 | (9.5) shall inform the victim of (A) the victim's right | ||||||
24 | under Section 6 of this Act to make a victim impact | ||||||
25 | statement at the sentencing hearing; (B) the right of the | ||||||
26 | victim's spouse, guardian, parent, grandparent and other |
| |||||||
| |||||||
1 | immediate family and household members under Section 6 of | ||||||
2 | this Act to present a an impact statement at sentencing; | ||||||
3 | and (C) if a presentence report is to be prepared, the | ||||||
4 | right of the victim's spouse, guardian, parent, | ||||||
5 | grandparent and other immediate family and household | ||||||
6 | members to submit information to the preparer of the | ||||||
7 | presentence report about the effect the offense has had on | ||||||
8 | the victim and the person; | ||||||
9 | (10) at the sentencing shall make a good faith attempt | ||||||
10 | to explain
the minimum amount of time during which the | ||||||
11 | defendant may actually be
physically imprisoned. The | ||||||
12 | Office of the State's Attorney shall further notify
the | ||||||
13 | crime victim of the right to request from the Prisoner | ||||||
14 | Review Board
or Department of Juvenile Justice information | ||||||
15 | concerning the release of the defendant;
| ||||||
16 | (11) shall request restitution at sentencing and as | ||||||
17 | part of a plea agreement if the victim requests | ||||||
18 | restitution;
| ||||||
19 | (12) shall, upon the court entering a verdict of not | ||||||
20 | guilty by reason of insanity, inform the victim of the | ||||||
21 | notification services available from the Department of | ||||||
22 | Human Services, including the statewide telephone number, | ||||||
23 | under subparagraph (d)(2) of this Section;
| ||||||
24 | (13) shall provide notice within a reasonable time | ||||||
25 | after receipt of notice from
the custodian, of the release | ||||||
26 | of the defendant on bail or personal recognizance
or the |
| |||||||
| |||||||
1 | release from detention of a minor who has been detained;
| ||||||
2 | (14) shall explain in nontechnical language the | ||||||
3 | details of any plea or verdict of
a defendant, or any | ||||||
4 | adjudication of a juvenile as a delinquent;
| ||||||
5 | (15) shall make all reasonable efforts to consult with | ||||||
6 | the crime victim before the Office of
the State's Attorney | ||||||
7 | makes an offer of a plea bargain to the defendant or
enters | ||||||
8 | into negotiations with the defendant concerning a possible | ||||||
9 | plea
agreement, and shall consider the written victim | ||||||
10 | impact statement, if prepared
prior to entering into a plea | ||||||
11 | agreement. The right to consult with the prosecutor does | ||||||
12 | not include the right to veto a plea agreement or to insist | ||||||
13 | the case go to trial. If the State's Attorney has not | ||||||
14 | consulted with the victim prior to making an offer or | ||||||
15 | entering into plea negotiations with the defendant, the | ||||||
16 | Office of the State's Attorney shall notify the victim of | ||||||
17 | the offer or the negotiations within 2 business days and | ||||||
18 | confer with the victim;
| ||||||
19 | (16) shall provide notice of the ultimate disposition | ||||||
20 | of the cases arising from
an indictment or an information, | ||||||
21 | or a petition to have a juvenile adjudicated
as a | ||||||
22 | delinquent for a violent crime;
| ||||||
23 | (17) shall provide notice of any appeal taken by the | ||||||
24 | defendant and information
on how to contact the appropriate | ||||||
25 | agency handling the appeal, and how to request notice of | ||||||
26 | any hearing, oral argument, or decision of an appellate |
| |||||||
| |||||||
1 | court;
| ||||||
2 | (18) shall provide timely notice of any request for | ||||||
3 | post-conviction review filed by the
defendant under | ||||||
4 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
5 | of
the date, time and place of any hearing concerning the | ||||||
6 | petition. Whenever
possible, notice of the hearing shall be | ||||||
7 | given within 48 hours of the court's scheduling of the | ||||||
8 | hearing; and
| ||||||
9 | (19) shall forward a copy of any statement presented | ||||||
10 | under Section 6 to the
Prisoner Review Board or Department | ||||||
11 | of Juvenile Justice to be considered in making a | ||||||
12 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
13 | Section 3-3-8 of the Unified Code of Corrections.
| ||||||
14 | (c) The court shall ensure that the rights of the victim | ||||||
15 | are afforded. | ||||||
16 | (c-5) The following procedures shall be followed to afford | ||||||
17 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
18 | Illinois Constitution: | ||||||
19 | (1) Written notice. A victim may complete a written | ||||||
20 | notice of intent to assert rights on a form prepared by the | ||||||
21 | Office of the Attorney General and provided to the victim | ||||||
22 | by the State's Attorney. The victim may at any time provide | ||||||
23 | a revised written notice to the State's Attorney. The | ||||||
24 | State's Attorney shall file the written notice with the | ||||||
25 | court. At the beginning of any court proceeding in which | ||||||
26 | the right of a victim may be at issue, the court and |
| |||||||
| |||||||
1 | prosecutor shall review the written notice to determine | ||||||
2 | whether the victim has asserted the right that may be at | ||||||
3 | issue. | ||||||
4 | (2) Victim's retained attorney. A victim's attorney | ||||||
5 | shall file an entry of appearance limited to assertion of | ||||||
6 | the victim's rights. Upon the filing of the entry of | ||||||
7 | appearance and service on the State's Attorney and the | ||||||
8 | defendant, the attorney is to receive copies of all | ||||||
9 | notices, motions and court orders filed thereafter in the | ||||||
10 | case. | ||||||
11 | (3) Standing. The victim has standing to assert the | ||||||
12 | rights enumerated in subsection (a) of Article I, Section | ||||||
13 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
14 | under Section 4 of this Act in any court exercising | ||||||
15 | jurisdiction over the criminal case. The prosecuting | ||||||
16 | attorney, a victim, or the victim's retained attorney may | ||||||
17 | assert the victim's rights. The defendant in the criminal | ||||||
18 | case has no standing to assert a right of the victim in any | ||||||
19 | court proceeding, including on appeal. | ||||||
20 | (4) Assertion of and enforcement of rights. | ||||||
21 | (A) The prosecuting attorney shall assert a | ||||||
22 | victim's right or request enforcement of a right by | ||||||
23 | filing a motion or by orally asserting the right or | ||||||
24 | requesting enforcement in open court in the criminal | ||||||
25 | case outside the presence of the jury. The prosecuting | ||||||
26 | attorney shall consult with the victim and the victim's |
| |||||||
| |||||||
1 | attorney regarding the assertion or enforcement of a | ||||||
2 | right. If the prosecuting attorney decides not to | ||||||
3 | assert or enforce a victim's right, the prosecuting | ||||||
4 | attorney shall notify the victim or the victim's | ||||||
5 | attorney in sufficient time to allow the victim or the | ||||||
6 | victim's attorney to assert the right or to seek | ||||||
7 | enforcement of a right. | ||||||
8 | (B) If the prosecuting attorney elects not to | ||||||
9 | assert a victim's right or to seek enforcement of a | ||||||
10 | right, the victim or the victim's attorney may assert | ||||||
11 | the victim's right or request enforcement of a right by | ||||||
12 | filing a motion or by orally asserting the right or | ||||||
13 | requesting enforcement in open court in the criminal | ||||||
14 | case outside the presence of the jury. | ||||||
15 | (C) If the prosecuting attorney asserts a victim's | ||||||
16 | right or seeks enforcement of a right, and the court | ||||||
17 | denies the assertion of the right or denies the request | ||||||
18 | for enforcement of a right, the victim or victim's | ||||||
19 | attorney may file a motion to assert the victim's right | ||||||
20 | or to request enforcement of the right within 10 days | ||||||
21 | of the court's ruling. The motion need not demonstrate | ||||||
22 | the grounds for a motion for reconsideration. The court | ||||||
23 | shall rule on the merits of the motion. | ||||||
24 | (D) The court shall take up and decide any motion | ||||||
25 | or request asserting or seeking enforcement of a | ||||||
26 | victim's right without delay, unless a specific time |
| |||||||
| |||||||
1 | period is specified by law or court rule. The reasons | ||||||
2 | for any decision denying the motion or request shall be | ||||||
3 | clearly stated on the record. | ||||||
4 | (5) Violation of rights and remedies. | ||||||
5 | (A) If the court determines that a victim's right | ||||||
6 | has been violated, the court shall determine the | ||||||
7 | appropriate remedy for the violation of the victim's | ||||||
8 | right by hearing from the victim and the parties, | ||||||
9 | considering all factors relevant to the issue, and then | ||||||
10 | awarding appropriate relief to the victim. | ||||||
11 | (A-5) Consideration of an issue of a substantive | ||||||
12 | nature or an issue that implicates the constitutional | ||||||
13 | or statutory right of a victim at a court proceeding | ||||||
14 | labeled as a status hearing shall constitute a per se | ||||||
15 | violation of a victim's right. | ||||||
16 | (B) The appropriate remedy shall include only | ||||||
17 | actions necessary to provide the victim the right to | ||||||
18 | which the victim was entitled and may include reopening | ||||||
19 | previously held proceedings; however, in no event | ||||||
20 | shall the court vacate a conviction. Any remedy shall | ||||||
21 | be tailored to provide the victim an appropriate remedy | ||||||
22 | without violating any constitutional right of the | ||||||
23 | defendant. In no event shall the appropriate remedy be | ||||||
24 | a new trial, damages, or costs. | ||||||
25 | (6) Right to be heard. Whenever a victim has the right | ||||||
26 | to be heard, the court shall allow the victim to exercise |
| |||||||
| |||||||
1 | the right in any reasonable manner the victim chooses. | ||||||
2 | (7) Right to attend trial. A party must file a written | ||||||
3 | motion to exclude a victim from trial at least 60 days | ||||||
4 | prior to the date set for trial. The motion must state with | ||||||
5 | specificity the reason exclusion is necessary to protect a | ||||||
6 | constitutional right of the party, and must contain an | ||||||
7 | offer of proof. The court shall rule on the motion within | ||||||
8 | 30 days. If the motion is granted, the court shall set | ||||||
9 | forth on the record the facts that support its finding that | ||||||
10 | the victim's testimony will be materially affected if the | ||||||
11 | victim hears other testimony at trial. | ||||||
12 | (8) Right to have advocate and support person present | ||||||
13 | at court proceedings . | ||||||
14 | (A) A party who intends to call an advocate as a | ||||||
15 | witness at trial must seek permission of the court | ||||||
16 | before the subpoena is issued. The party must file a | ||||||
17 | written motion at least 90 days before trial that sets | ||||||
18 | forth specifically the issues on which the advocate's | ||||||
19 | testimony is sought and an offer of proof regarding (i) | ||||||
20 | the content of the anticipated testimony of the | ||||||
21 | advocate ; and (ii) the relevance, admissibility, and | ||||||
22 | materiality of the anticipated testimony in sufficient | ||||||
23 | time to allow the court to rule and the victim to seek | ||||||
24 | appellate review . The court shall consider the motion | ||||||
25 | and make findings within 30 days of the filing of the | ||||||
26 | motion rule on the motion without delay . If the court |
| |||||||
| |||||||
1 | finds by a preponderance of the evidence that: (i) the | ||||||
2 | anticipated testimony is not protected by an absolute | ||||||
3 | privilege; and (ii) the anticipated testimony contains | ||||||
4 | relevant, admissible, and material evidence that is | ||||||
5 | not available through other witnesses or evidence, the | ||||||
6 | court shall issue a subpoena requiring the advocate to | ||||||
7 | appear to testify at an in camera hearing. The | ||||||
8 | prosecuting attorney and the victim shall have 15 days | ||||||
9 | to seek appellate review before the advocate is | ||||||
10 | required to testify at an ex parte in camera | ||||||
11 | proceeding. | ||||||
12 | The prosecuting attorney, the victim, and the | ||||||
13 | advocate's attorney shall be allowed to be present at | ||||||
14 | the ex parte in camera proceeding. If, after conducting | ||||||
15 | the ex parte in camera hearing, the court determines | ||||||
16 | that due process requires any testimony regarding | ||||||
17 | confidential or privileged information or | ||||||
18 | communications, the court shall provide to the | ||||||
19 | prosecuting attorney, the victim, and the advocate's | ||||||
20 | attorney a written memorandum on the substance of the | ||||||
21 | advocate's testimony. The prosecuting attorney, the | ||||||
22 | victim, and the advocate's attorney shall have 15 days | ||||||
23 | to seek appellate review before a subpoena may be | ||||||
24 | issued for the advocate to testify at trial. The | ||||||
25 | presence of the prosecuting attorney at the ex parte in | ||||||
26 | camera proceeding does not make the substance of the |
| |||||||
| |||||||
1 | advocate's testimony that the court has ruled | ||||||
2 | inadmissible subject to discovery. | ||||||
3 | (B) If a victim has asserted the right to have a | ||||||
4 | support person present at the court proceedings, the | ||||||
5 | victim shall provide the name of the person the victim | ||||||
6 | has chosen to be the victim's support person to the | ||||||
7 | prosecuting attorney, within 60 days of trial. The | ||||||
8 | prosecuting attorney shall provide the name to the | ||||||
9 | defendant. If the defendant intends to call the support | ||||||
10 | person as a witness at trial, the defendant must seek | ||||||
11 | permission of the court before a subpoena is issued. | ||||||
12 | The defendant must file a written motion at least 45 | ||||||
13 | days prior to trial that sets forth specifically the | ||||||
14 | issues on which the support person will testify and an | ||||||
15 | offer of proof regarding: (i) the content of the | ||||||
16 | anticipated testimony of the support person; and (ii) | ||||||
17 | the relevance, admissibility, and materiality of the | ||||||
18 | anticipated testimony. | ||||||
19 | If the prosecuting attorney intends to call the | ||||||
20 | support person as a witness during the State's | ||||||
21 | case-in-chief, the prosecuting attorney shall inform | ||||||
22 | the court of this intent in the response to the | ||||||
23 | defendant's written motion. The prosecutor shall call | ||||||
24 | the support person as the first or second witness | ||||||
25 | during the State's case-in-chief. A defendant who | ||||||
26 | intends to call the support person to testify to |
| |||||||
| |||||||
1 | matters outside the scope of the prosecutor's direct | ||||||
2 | examination shall be allowed to inquire into these | ||||||
3 | matters during cross-examination of the support | ||||||
4 | person. The support person shall be allowed to remain | ||||||
5 | in the courtroom after the support person has | ||||||
6 | testified. A defendant who fails to question the | ||||||
7 | support person about matters outside the scope of | ||||||
8 | direct examination during the State's case-in-chief | ||||||
9 | waives the right to challenge the presence of the | ||||||
10 | support person on appeal. The court shall allow the | ||||||
11 | support person to testify if called as a witness in the | ||||||
12 | defendant's case-in-chief or the State's rebuttal. | ||||||
13 | If the prosecuting attorney does not intend to call | ||||||
14 | the support person in the State's case-in-chief, the | ||||||
15 | court shall verify with the support person whether the | ||||||
16 | support person, if called as a witness, would testify | ||||||
17 | as set forth in the offer of proof. If the court finds | ||||||
18 | that the support person would testify as set forth in | ||||||
19 | the offer of proof, the court shall rule on the | ||||||
20 | relevance, materiality, and admissibility of the | ||||||
21 | anticipated testimony. If the court rules the | ||||||
22 | anticipated testimony is admissible, the court shall | ||||||
23 | issue the subpoena. The support person may remain in | ||||||
24 | the courtroom after the support person testifies and | ||||||
25 | shall be allowed to testify in rebuttal. | ||||||
26 | If the court excludes the victim's support person |
| |||||||
| |||||||
1 | during the State's case-in-chief, the victim shall be | ||||||
2 | allowed to choose another support person to be present | ||||||
3 | in court. | ||||||
4 | If the victim fails to designate a support person | ||||||
5 | within 60 days of trial and the defendant has | ||||||
6 | subpoenaed the support person to testify at trial, the | ||||||
7 | court may exclude the support person from the trial | ||||||
8 | until the support person testifies. If the court | ||||||
9 | excludes the support person the victim may choose | ||||||
10 | another person s a support person. | ||||||
11 | (9) Right to notice and hearing before disclosure of | ||||||
12 | confidential or privileged information or records. A | ||||||
13 | defendant who seeks to subpoena records of or concerning | ||||||
14 | the victim that are confidential or privileged by law must | ||||||
15 | seek permission of the court before the subpoena is issued. | ||||||
16 | The defendant must file a written motion and an offer of | ||||||
17 | proof regarding the relevance, admissibility and | ||||||
18 | materiality of the records. If the court finds by a | ||||||
19 | preponderance of the evidence that: (A) the records are not | ||||||
20 | protected by an absolute privilege and (B) the records | ||||||
21 | contain relevant, admissible, and material evidence that | ||||||
22 | is not available through other witnesses or evidence, the | ||||||
23 | court shall issue a subpoena requiring a sealed copy of the | ||||||
24 | records be delivered to the court to be reviewed in camera. | ||||||
25 | If, after conducting an in camera review of the records, | ||||||
26 | the court determines that due process requires disclosure |
| |||||||
| |||||||
1 | of any portion of the records, the court shall provide | ||||||
2 | copies of what it intends to disclose to the prosecuting | ||||||
3 | attorney and the victim. The prosecuting attorney and the | ||||||
4 | victim shall have 30 days to seek appellate review before | ||||||
5 | the records are disclosed to the defendant. The disclosure | ||||||
6 | of copies of any portion of the records to the prosecuting | ||||||
7 | attorney does not make the records subject to discovery. | ||||||
8 | (10) Right to notice of court proceedings. If the | ||||||
9 | victim is not present at a court proceeding in which a | ||||||
10 | right of the victim is at issue, the court shall ask the | ||||||
11 | prosecuting attorney whether the victim was notified of the | ||||||
12 | time, place, and purpose of the court proceeding and that | ||||||
13 | the victim had a right to be heard at the court proceeding. | ||||||
14 | If the court determines that timely notice was not given or | ||||||
15 | that the victim was not adequately informed of the nature | ||||||
16 | of the court proceeding, the court shall not rule on any | ||||||
17 | substantive issues, accept a plea, or impose a sentence and | ||||||
18 | shall continue the hearing for the time necessary to notify | ||||||
19 | the victim of the time, place and nature of the court | ||||||
20 | proceeding. The time between court proceedings shall not be | ||||||
21 | attributable to the State under Section 103-5 of the Code | ||||||
22 | of Criminal Procedure of 1963. | ||||||
23 | (11) Right to timely disposition of the case. A victim | ||||||
24 | has the right to timely disposition of the case so as to | ||||||
25 | minimize the stress, cost, and inconvenience resulting | ||||||
26 | from the victim's involvement in the case. Before ruling on |
| |||||||
| |||||||
1 | a motion to continue trial or other court proceeding, the | ||||||
2 | court shall inquire into the circumstances for the request | ||||||
3 | for the delay and, if the victim has provided written | ||||||
4 | notice of the assertion of the right to a timely | ||||||
5 | disposition, and whether the victim objects to the delay. | ||||||
6 | If the victim objects, the prosecutor shall inform the | ||||||
7 | court of the victim's objections. If the prosecutor has not | ||||||
8 | conferred with the victim about the continuance, the | ||||||
9 | prosecutor shall inform the court of the attempts to | ||||||
10 | confer. If the court finds the attempts of the prosecutor | ||||||
11 | to confer with the victim were inadequate to protect the | ||||||
12 | victim's right to be heard, the court shall give the | ||||||
13 | prosecutor at least 3 but not more than 5 business days to | ||||||
14 | confer with the victim. In ruling on a motion to continue, | ||||||
15 | the court shall consider the reasons for the requested | ||||||
16 | continuance, the number and length of continuances that | ||||||
17 | have been granted, the victim's objections and procedures | ||||||
18 | to avoid further delays. If a continuance is granted over | ||||||
19 | the victim's objection, the court shall specify on the | ||||||
20 | record the reasons for the continuance and the procedures | ||||||
21 | that have been or will be taken to avoid further delays. | ||||||
22 | (12) Right to Restitution. | ||||||
23 | (A) If the victim has asserted the right to | ||||||
24 | restitution and the amount of restitution is known at | ||||||
25 | the time of sentencing, the court shall enter the | ||||||
26 | judgment of restitution at the time of sentencing. |
| |||||||
| |||||||
1 | (B) If the victim has asserted the right to | ||||||
2 | restitution and the amount of restitution is not known | ||||||
3 | at the time of sentencing, the prosecutor shall, within | ||||||
4 | 5 days after sentencing, notify the victim what | ||||||
5 | information and documentation related to restitution | ||||||
6 | is needed and that the information and documentation | ||||||
7 | must be provided to the prosecutor within 45 days after | ||||||
8 | sentencing. Failure to timely provide information and | ||||||
9 | documentation related to restitution shall be deemed a | ||||||
10 | waiver of the right to restitution. The prosecutor | ||||||
11 | shall file and serve within 60 days after sentencing a | ||||||
12 | proposed judgment for restitution and a notice that | ||||||
13 | includes information concerning the identity of any | ||||||
14 | victims or other persons seeking restitution, whether | ||||||
15 | any victim or other person expressly declines | ||||||
16 | restitution, the nature and amount of any damages | ||||||
17 | together with any supporting documentation, a | ||||||
18 | restitution amount recommendation, and the names of | ||||||
19 | any co-defendants and their case numbers. Within 30 | ||||||
20 | days after receipt of the proposed judgment for | ||||||
21 | restitution, the defendant shall file any objection to | ||||||
22 | the proposed judgment, a statement of grounds for the | ||||||
23 | objection, and a financial statement. If the defendant | ||||||
24 | does not file an objection, the court may enter the | ||||||
25 | judgment for restitution without further proceedings. | ||||||
26 | If the defendant files an objection and either party |
| |||||||
| |||||||
1 | requests a hearing, the court shall schedule a hearing. | ||||||
2 | (13) Access to presentence reports. | ||||||
3 | (A) The victim may request a copy of the | ||||||
4 | presentence report prepared under the Unified Code of | ||||||
5 | Corrections from the State's Attorney. The State's | ||||||
6 | Attorney shall redact the following information before | ||||||
7 | providing a copy of the report: | ||||||
8 | (i) the defendant's mental history and | ||||||
9 | condition; | ||||||
10 | (ii) any evaluation prepared under subsection | ||||||
11 | (b) or (b-5) of Section 5-3-2; and | ||||||
12 | (iii) the name, address, phone number, and | ||||||
13 | other personal information about any other victim. | ||||||
14 | (B) The State's Attorney or the defendant may | ||||||
15 | request the court redact other information in the | ||||||
16 | report that may endanger the safety of any person. | ||||||
17 | (C) The State's Attorney may orally disclose to the | ||||||
18 | victim any of the information that has been redacted if | ||||||
19 | there is a reasonable likelihood that the information | ||||||
20 | will be stated in court at the sentencing. | ||||||
21 | (D) The State's Attorney must advise the victim | ||||||
22 | that the victim must maintain the confidentiality of | ||||||
23 | the report and other information. Any dissemination of | ||||||
24 | the report or information that was not stated at a | ||||||
25 | court proceeding constitutes indirect criminal | ||||||
26 | contempt of court. |
| |||||||
| |||||||
1 | (14) Appellate relief. If the trial court denies the | ||||||
2 | relief requested, the victim, the victim's attorney or the | ||||||
3 | prosecuting attorney may file an appeal within 30 days of | ||||||
4 | the trial court's ruling. The trial or appellate court may | ||||||
5 | stay the court proceedings if the court finds that a stay | ||||||
6 | would not violate a constitutional right of the defendant. | ||||||
7 | If the appellate court denies the relief sought, the | ||||||
8 | reasons for the denial shall be clearly stated in a written | ||||||
9 | opinion. In any appeal in a criminal case, the State may | ||||||
10 | assert as error the court's denial of any crime victim's | ||||||
11 | right in the proceeding to which the appeal relates. | ||||||
12 | (15) Limitation on appellate relief. In no case shall | ||||||
13 | an appellate court provide a new trial to remedy the | ||||||
14 | violation of a victim's right. | ||||||
15 | (16) The right to be reasonably protected from the | ||||||
16 | accused throughout the criminal justice process and the | ||||||
17 | right to have the safety of the victim and the victim's | ||||||
18 | family considered in denying or fixing the amount of bail, | ||||||
19 | determining whether to release the defendant, and setting | ||||||
20 | conditions of release after arrest and conviction. A victim | ||||||
21 | of domestic violence, a sexual offense, or stalking may | ||||||
22 | request the entry of a protective order under Article 112A | ||||||
23 | of the Code of Criminal Procedure of 1963. | ||||||
24 | (d)(1) The Prisoner Review Board shall inform a victim or | ||||||
25 | any other
concerned citizen, upon written request, of the | ||||||
26 | prisoner's release on parole,
mandatory supervised release, |
| |||||||
| |||||||
1 | electronic detention, work release, international transfer or | ||||||
2 | exchange, or by the
custodian, other than the Department of | ||||||
3 | Juvenile Justice, of the discharge of any individual who was | ||||||
4 | adjudicated a delinquent
for a crime from State custody and by | ||||||
5 | the sheriff of the appropriate
county of any such person's | ||||||
6 | final discharge from county custody.
The Prisoner Review Board, | ||||||
7 | upon written request, shall provide to a victim or
any other | ||||||
8 | concerned citizen a recent photograph of any person convicted | ||||||
9 | of a
felony, upon his or her release from custody.
The Prisoner
| ||||||
10 | Review Board, upon written request, shall inform a victim or | ||||||
11 | any other
concerned citizen when feasible at least 7 days prior | ||||||
12 | to the prisoner's release
on furlough of the times and dates of | ||||||
13 | such furlough. Upon written request by
the victim or any other | ||||||
14 | concerned citizen, the State's Attorney shall notify
the person | ||||||
15 | once of the times and dates of release of a prisoner sentenced | ||||||
16 | to
periodic imprisonment. Notification shall be based on the | ||||||
17 | most recent
information as to victim's or other concerned | ||||||
18 | citizen's residence or other
location available to the | ||||||
19 | notifying authority.
| ||||||
20 | (2) When the defendant has been committed to the Department | ||||||
21 | of
Human Services pursuant to Section 5-2-4 or any other
| ||||||
22 | provision of the Unified Code of Corrections, the victim may | ||||||
23 | request to be
notified by the releasing authority of the | ||||||
24 | approval by the court of an on-grounds pass, a supervised | ||||||
25 | off-grounds pass, an unsupervised off-grounds pass, or | ||||||
26 | conditional release; the release on an off-grounds pass; the |
| |||||||
| |||||||
1 | return from an off-grounds pass; transfer to another facility; | ||||||
2 | conditional release; escape; death; or final discharge from | ||||||
3 | State
custody. The Department of Human Services shall establish | ||||||
4 | and maintain a statewide telephone number to be used by victims | ||||||
5 | to make notification requests under these provisions and shall | ||||||
6 | publicize this telephone number on its website and to the | ||||||
7 | State's Attorney of each county.
| ||||||
8 | (3) In the event of an escape from State custody, the | ||||||
9 | Department of
Corrections or the Department of Juvenile Justice | ||||||
10 | immediately shall notify the Prisoner Review Board of the | ||||||
11 | escape
and the Prisoner Review Board shall notify the victim. | ||||||
12 | The notification shall
be based upon the most recent | ||||||
13 | information as to the victim's residence or other
location | ||||||
14 | available to the Board. When no such information is available, | ||||||
15 | the
Board shall make all reasonable efforts to obtain the | ||||||
16 | information and make
the notification. When the escapee is | ||||||
17 | apprehended, the Department of
Corrections or the Department of | ||||||
18 | Juvenile Justice immediately shall notify the Prisoner Review | ||||||
19 | Board and the Board
shall notify the victim.
| ||||||
20 | (4) The victim of the crime for which the prisoner has been | ||||||
21 | sentenced
shall receive reasonable written notice not less than | ||||||
22 | 30 days prior to the
parole hearing or target aftercare release | ||||||
23 | date and may submit, in writing, on film, videotape or other
| ||||||
24 | electronic means or in the form of a recording prior to the | ||||||
25 | parole hearing or target aftercare release date or in person at | ||||||
26 | the parole hearing or aftercare release protest hearing
or if a |
| |||||||
| |||||||
1 | victim of a violent crime, by calling the
toll-free number | ||||||
2 | established in subsection (f) of this Section, information
for
| ||||||
3 | consideration by the Prisoner Review Board or Department of | ||||||
4 | Juvenile Justice. The
victim shall be notified within 7 days | ||||||
5 | after the prisoner has been granted
parole or aftercare release | ||||||
6 | and shall be informed of the right to inspect the registry of | ||||||
7 | parole
decisions, established under subsection (g) of Section | ||||||
8 | 3-3-5 of the Unified
Code of Corrections. The provisions of | ||||||
9 | this paragraph (4) are subject to the
Open Parole Hearings Act.
| ||||||
10 | (5) If a statement is presented under Section 6, the | ||||||
11 | Prisoner Review Board or Department of Juvenile Justice
shall | ||||||
12 | inform the victim of any order of discharge pursuant
to Section | ||||||
13 | 3-2.5-85 or 3-3-8 of the Unified Code of Corrections.
| ||||||
14 | (6) At the written or oral request of the victim of the | ||||||
15 | crime for which the
prisoner was sentenced or the State's | ||||||
16 | Attorney of the county where the person seeking parole or | ||||||
17 | aftercare release was prosecuted, the Prisoner Review Board or | ||||||
18 | Department of Juvenile Justice shall notify the victim and the | ||||||
19 | State's Attorney of the county where the person seeking parole | ||||||
20 | or aftercare release was prosecuted of
the death of the | ||||||
21 | prisoner if the prisoner died while on parole or aftercare | ||||||
22 | release or mandatory
supervised release.
| ||||||
23 | (7) When a defendant who has been committed to the | ||||||
24 | Department of
Corrections, the Department of Juvenile Justice, | ||||||
25 | or the Department of Human Services is released or discharged | ||||||
26 | and
subsequently committed to the Department of Human Services |
| |||||||
| |||||||
1 | as a sexually
violent person and the victim had requested to be | ||||||
2 | notified by the releasing
authority of the defendant's | ||||||
3 | discharge, conditional release, death, or escape from State | ||||||
4 | custody, the releasing
authority shall provide to the | ||||||
5 | Department of Human Services such information
that would allow | ||||||
6 | the Department of Human Services to contact the victim.
| ||||||
7 | (8) When a defendant has been convicted of a sex offense as | ||||||
8 | defined in Section 2 of the Sex Offender Registration Act and | ||||||
9 | has been sentenced to the Department of Corrections or the | ||||||
10 | Department of Juvenile Justice, the Prisoner Review Board or | ||||||
11 | the Department of Juvenile Justice shall notify the victim of | ||||||
12 | the sex offense of the prisoner's eligibility for release on | ||||||
13 | parole, aftercare release,
mandatory supervised release, | ||||||
14 | electronic detention, work release, international transfer or | ||||||
15 | exchange, or by the
custodian of the discharge of any | ||||||
16 | individual who was adjudicated a delinquent
for a sex offense | ||||||
17 | from State custody and by the sheriff of the appropriate
county | ||||||
18 | of any such person's final discharge from county custody. The | ||||||
19 | notification shall be made to the victim at least 30 days, | ||||||
20 | whenever possible, before release of the sex offender. | ||||||
21 | (e) The officials named in this Section may satisfy some or | ||||||
22 | all of their
obligations to provide notices and other | ||||||
23 | information through participation in a
statewide victim and | ||||||
24 | witness notification system established by the Attorney
| ||||||
25 | General under Section 8.5 of this Act.
| ||||||
26 | (f) To permit a crime victim of a violent crime to provide |
| |||||||
| |||||||
1 | information to the
Prisoner Review Board or the Department of | ||||||
2 | Juvenile Justice for consideration by the
Board or Department | ||||||
3 | at a parole hearing or before an aftercare release decision of | ||||||
4 | a person who committed the crime against
the victim in | ||||||
5 | accordance with clause (d)(4) of this Section or at a | ||||||
6 | proceeding
to determine the conditions of mandatory supervised | ||||||
7 | release of a person
sentenced to a determinate sentence or at a | ||||||
8 | hearing on revocation of mandatory
supervised release of a | ||||||
9 | person sentenced to a determinate sentence, the Board
shall | ||||||
10 | establish a toll-free number that may be accessed by the victim | ||||||
11 | of
a violent crime to present that information to the Board.
| ||||||
12 | (Source: P.A. 99-413, eff. 8-20-15; 99-628, eff. 1-1-17; | ||||||
13 | 100-199, eff. 1-1-18 .)
| ||||||
14 | (725 ILCS 120/6) (from Ch. 38, par. 1406)
| ||||||
15 | Sec. 6. Right to be heard at sentencing.
| ||||||
16 | (a) A crime victim shall be allowed to present an oral or | ||||||
17 | written victim impact statement in any case in which a | ||||||
18 | defendant has been convicted of a violent crime or a juvenile | ||||||
19 | has been adjudicated delinquent for a violent crime after a | ||||||
20 | bench or jury trial, or a defendant who was charged with a | ||||||
21 | violent crime and has been convicted under a plea agreement of | ||||||
22 | a crime that is not a violent crime as defined in subsection | ||||||
23 | (c) of Section 3 of this Act . The court shall allow a victim to | ||||||
24 | make an oral impact statement if the victim is present in the | ||||||
25 | courtroom and requests to make an oral statement. An oral |
| |||||||
| |||||||
1 | statement includes the victim or a representative of the victim | ||||||
2 | reading the written impact statement. The court may allow | ||||||
3 | persons impacted by the crime who are not victims under | ||||||
4 | subsection (a) of Section 3 of this Act to present an oral or | ||||||
5 | written statement. A victim and any person making an oral | ||||||
6 | statement shall not be put under oath or subject to | ||||||
7 | cross-examination. The court shall
consider any impact | ||||||
8 | statement presented
along with
all
other appropriate factors in | ||||||
9 | determining the sentence of the defendant or
disposition of | ||||||
10 | such juvenile.
| ||||||
11 | (a-1) In any case where a defendant has been convicted of a | ||||||
12 | violation of any statute, ordinance, or regulation relating to | ||||||
13 | the operation or use of motor vehicles, the use of streets and | ||||||
14 | highways by pedestrians or the operation of any other wheeled | ||||||
15 | or tracked vehicle, except parking violations, if the violation | ||||||
16 | resulted in great bodily harm or death, the person who suffered | ||||||
17 | great bodily harm, the injured person's representative, or the | ||||||
18 | representative of a deceased person shall be entitled to notice | ||||||
19 | of the sentencing hearing. "Representative" includes the | ||||||
20 | spouse, guardian, grandparent, or other immediate family or | ||||||
21 | household member of an injured or deceased person. The injured | ||||||
22 | person or his or her representative and a representative of the | ||||||
23 | deceased person shall have the right to address the court | ||||||
24 | regarding the impact that the defendant's criminal conduct has | ||||||
25 | had upon them. If more than one representative of an injured or | ||||||
26 | deceased person is present in the courtroom at the time of |
| |||||||
| |||||||
1 | sentencing, the court has discretion to permit one or more of | ||||||
2 | the representatives to present an oral impact statement. A | ||||||
3 | victim and any person making an oral statement shall not be put | ||||||
4 | under oath or subject to cross-examination. The court shall | ||||||
5 | consider any impact statement presented along with all other | ||||||
6 | appropriate factors in determining the sentence of the | ||||||
7 | defendant. | ||||||
8 | (a-5) A crime victim shall be allowed to present an oral | ||||||
9 | and written victim impact statement at a hearing ordered by the | ||||||
10 | court under the Mental Health and Developmental Disabilities | ||||||
11 | Code to determine if the defendant is: (1) in need of mental | ||||||
12 | health services on an inpatient basis; (2) in need of mental | ||||||
13 | health services on an outpatient basis; or (3) not in need of | ||||||
14 | mental health services. The court shall allow a victim to make | ||||||
15 | an oral impact statement if the victim is present in the | ||||||
16 | courtroom and requests to make an oral statement. An oral | ||||||
17 | statement includes the victim or a representative of the victim | ||||||
18 | reading the written impact statement. The court may allow | ||||||
19 | persons impacted by the crime who are not victims under | ||||||
20 | subsection (a) of Section 3 of this Act, to present an oral or | ||||||
21 | written statement. A victim and any person making an oral | ||||||
22 | statement shall not be put under oath or subject to | ||||||
23 | cross-examination. The court may only consider the impact | ||||||
24 | statement along with all other appropriate factors in | ||||||
25 | determining the: (1) threat of serious physical harm poised by | ||||||
26 | the respondent to himself or herself, or to another person; (2) |
| |||||||
| |||||||
1 | location of inpatient or outpatient mental health services | ||||||
2 | ordered by the court, but only after complying with all other | ||||||
3 | applicable administrative, rule, and statutory requirements; | ||||||
4 | (3) maximum period of commitment for inpatient mental health | ||||||
5 | services; and (4) conditions of release for outpatient mental | ||||||
6 | health services ordered by the court. | ||||||
7 | (b) The crime victim has the right to prepare a victim | ||||||
8 | impact statement
and present it to the Office of the State's | ||||||
9 | Attorney at any time during the
proceedings. Any written victim | ||||||
10 | impact statement submitted to the Office of the State's | ||||||
11 | Attorney shall be considered by the court during its | ||||||
12 | consideration of aggravation and mitigation in plea | ||||||
13 | proceedings under Supreme Court Rule 402.
| ||||||
14 | (c) This Section shall apply to any victims during any
| ||||||
15 | dispositional hearing under Section 5-705 of the Juvenile Court
| ||||||
16 | Act of 1987 which takes place pursuant to an adjudication or | ||||||
17 | trial or plea of
delinquency for any such offense.
| ||||||
18 | (Source: P.A. 99-413, eff. 8-20-15.)
| ||||||
19 | Section 15. The Unified Code of Corrections is amended by | ||||||
20 | changing Sections 5-2-4 and 5-4-1 as follows:
| ||||||
21 | (730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
| ||||||
22 | Sec. 5-2-4. Proceedings after acquittal by reason of | ||||||
23 | insanity.
| ||||||
24 | (a) After a finding or verdict of not guilty by reason of |
| |||||||
| |||||||
1 | insanity
under Sections 104-25, 115-3 , or 115-4 of the Code of | ||||||
2 | Criminal Procedure
of 1963, the defendant shall be ordered to | ||||||
3 | the Department of Human Services for
an evaluation as to
| ||||||
4 | whether he is in need of mental health
services. The order
| ||||||
5 | shall specify whether the evaluation shall be conducted on an | ||||||
6 | inpatient or
outpatient basis. If the evaluation is to be | ||||||
7 | conducted on an inpatient
basis, the defendant shall be placed | ||||||
8 | in a secure setting. With the court order for evaluation shall | ||||||
9 | be sent a copy of the arrest report, criminal charges, arrest | ||||||
10 | record, jail record, any report prepared under Section 115-6 of | ||||||
11 | the Code of Criminal Procedure of 1963, and any victim impact | ||||||
12 | statement prepared under Section 6 of the Rights of Crime | ||||||
13 | Victims and Witnesses Act. The clerk of the circuit court shall | ||||||
14 | transmit this information to the Department within 5 days. If | ||||||
15 | the court orders that the evaluation be done on an inpatient | ||||||
16 | basis, the Department shall evaluate the defendant to determine | ||||||
17 | to which secure facility the defendant shall be transported | ||||||
18 | and, within 20 days of the transmittal by the clerk of the | ||||||
19 | circuit court of the placement court order, notify the sheriff | ||||||
20 | of the designated facility. Upon receipt of that notice, the | ||||||
21 | sheriff shall promptly transport the defendant to the | ||||||
22 | designated facility. During
the period of time required to
| ||||||
23 | determine the appropriate placement, the defendant shall
| ||||||
24 | remain in jail. If, within 20 days of the transmittal by the | ||||||
25 | clerk of the circuit court of the placement court order, the | ||||||
26 | Department fails to notify the sheriff of the identity of the |
| |||||||
| |||||||
1 | facility to which the defendant shall be transported, the | ||||||
2 | sheriff shall contact a designated person within the Department | ||||||
3 | to inquire about when a placement will become available at the | ||||||
4 | designated facility and bed availability at other facilities. | ||||||
5 | If, within
20 days of the transmittal by the clerk of the | ||||||
6 | circuit court of the placement court order, the Department
| ||||||
7 | fails to notify the sheriff of the identity of the facility to
| ||||||
8 | which the defendant shall be transported, the sheriff shall
| ||||||
9 | notify the Department of its intent to transfer the defendant | ||||||
10 | to the nearest secure mental health facility operated by the | ||||||
11 | Department and inquire as to the status of the placement | ||||||
12 | evaluation and availability for admission to the such facility | ||||||
13 | operated by the Department by contacting a designated person | ||||||
14 | within the Department. The Department shall respond to the | ||||||
15 | sheriff within 2 business days of the notice and inquiry by the | ||||||
16 | sheriff seeking the transfer and the Department shall provide | ||||||
17 | the sheriff with the status of the placement evaluation, | ||||||
18 | information on bed and placement availability, and an estimated | ||||||
19 | date of admission for the defendant and any changes to that | ||||||
20 | estimated date of admission. If the Department notifies the | ||||||
21 | sheriff during the 2 business day period of a facility operated | ||||||
22 | by the Department with placement availability, the sheriff | ||||||
23 | shall promptly transport the defendant to that facility.
| ||||||
24 | Individualized placement evaluations by the Department of | ||||||
25 | Human Services determine the most appropriate setting for | ||||||
26 | forensic treatment based upon a number of factors including |
| |||||||
| |||||||
1 | mental health diagnosis, proximity to surviving victims, | ||||||
2 | security need, age, gender, and proximity to family.
| ||||||
3 | The Department shall provide the Court with a report of its | ||||||
4 | evaluation
within 30 days of the date of this order. The Court | ||||||
5 | shall hold a hearing
as provided under the Mental Health and | ||||||
6 | Developmental Disabilities Code to
determine if the individual | ||||||
7 | is:
(a)
in need of mental health services on an inpatient | ||||||
8 | basis; (b) in
need of
mental health services on an outpatient | ||||||
9 | basis; (c) a person not in
need of
mental health services. The | ||||||
10 | court shall afford the victim the opportunity to make a written | ||||||
11 | or oral statement as guaranteed by Article I, Section 8.1 of | ||||||
12 | the Illinois Constitution and Section 6 of the Rights of Crime | ||||||
13 | Victims and Witnesses Act. The court shall allow a victim to | ||||||
14 | make an oral statement if the victim is present in the | ||||||
15 | courtroom and requests to make an oral statement. An oral | ||||||
16 | statement includes the victim or a representative of the victim | ||||||
17 | reading the written statement. The court may allow persons | ||||||
18 | impacted by the crime who are not victims under subsection (a) | ||||||
19 | of Section 3 of this Rights of Crime Victims and Witnesses Act | ||||||
20 | to present an oral or written statement. A victim and any | ||||||
21 | person making an oral statement shall not be put under oath or | ||||||
22 | subject to cross-examination. The court shall consider any | ||||||
23 | statement presented along with all other appropriate factors in | ||||||
24 | determining the sentence of the defendant or disposition of the | ||||||
25 | juvenile. All statements shall become part of the record of the | ||||||
26 | court. The Court shall enter its findings.
|
| |||||||
| |||||||
1 | If the defendant is found to be in
need
of mental health | ||||||
2 | services on an inpatient care basis, the Court shall order the
| ||||||
3 | defendant to the Department of Human Services.
The defendant | ||||||
4 | shall be placed in a secure setting. Such
defendants placed in | ||||||
5 | a secure setting shall not be permitted outside the
facility's | ||||||
6 | housing unit unless escorted or accompanied by personnel of the
| ||||||
7 | Department of Human Services or with the prior approval of the | ||||||
8 | Court for
unsupervised
on-grounds privileges as provided
| ||||||
9 | herein.
Any defendant placed in a secure setting pursuant to | ||||||
10 | this Section,
transported to court hearings or other necessary | ||||||
11 | appointments
off facility grounds
by personnel of
the | ||||||
12 | Department of Human Services, shall be
placed in security | ||||||
13 | devices
or otherwise secured during the period of | ||||||
14 | transportation to assure
secure transport of the defendant and | ||||||
15 | the safety of Department
of Human Services personnel and | ||||||
16 | others. These security measures
shall not constitute restraint | ||||||
17 | as defined in the Mental Health and
Developmental Disabilities | ||||||
18 | Code.
If the defendant is found to be in need of mental health | ||||||
19 | services,
but not on an inpatient care basis, the Court shall | ||||||
20 | conditionally release
the defendant, under such conditions as | ||||||
21 | set forth in this Section as will
reasonably assure the | ||||||
22 | defendant's satisfactory progress and participation
in | ||||||
23 | treatment or
rehabilitation and the safety of the defendant , | ||||||
24 | the victim, the victim's family members, and others. If the
| ||||||
25 | Court
finds the person not in need of mental health services, | ||||||
26 | then the Court
shall order the defendant discharged from |
| |||||||
| |||||||
1 | custody.
| ||||||
2 | (a-1) Definitions. For the purposes of this Section:
| ||||||
3 | (A) (Blank).
| ||||||
4 | (B) "In need of mental health services on an inpatient | ||||||
5 | basis" means: a
defendant who has been found not guilty by | ||||||
6 | reason of insanity but who , due to mental illness , is
| ||||||
7 | reasonably expected to inflict
serious physical harm upon | ||||||
8 | himself or another and who would benefit from
inpatient | ||||||
9 | care or is in need of inpatient care.
| ||||||
10 | (C) "In need of mental health services on an outpatient | ||||||
11 | basis" means:
a defendant who has been found not guilty by | ||||||
12 | reason of insanity who is not in need of mental health | ||||||
13 | services on
an inpatient basis, but is in need of | ||||||
14 | outpatient care, drug and/or alcohol
rehabilitation | ||||||
15 | programs, community adjustment programs, individual, | ||||||
16 | group,
or family therapy, or chemotherapy.
| ||||||
17 | (D) "Conditional Release" means: the release from | ||||||
18 | either the custody
of the Department of Human Services
or | ||||||
19 | the custody of the Court of a person who has been found not | ||||||
20 | guilty by
reason of insanity under such conditions as the | ||||||
21 | Court may impose which
reasonably assure the defendant's | ||||||
22 | satisfactory progress in
treatment or habilitation and the | ||||||
23 | safety of the defendant , the victim, the victim's family, | ||||||
24 | and others. The
Court shall consider such terms and | ||||||
25 | conditions which may include, but need
not be limited to, | ||||||
26 | outpatient care, alcoholic and drug rehabilitation |
| |||||||
| |||||||
1 | programs,
community adjustment programs, individual, | ||||||
2 | group, family, and chemotherapy,
random testing to ensure | ||||||
3 | the defendant's timely and continuous taking of any
| ||||||
4 | medicines prescribed
to control or manage his or her | ||||||
5 | conduct or mental state, and
periodic checks with the legal | ||||||
6 | authorities and/or the Department of Human
Services.
The | ||||||
7 | Court may order as a condition of conditional release that | ||||||
8 | the
defendant not contact the victim of the offense that
| ||||||
9 | resulted in the finding or
verdict of not guilty by reason | ||||||
10 | of insanity or any other person. The Court may
order the
| ||||||
11 | Department of
Human Services to provide care to any
person | ||||||
12 | conditionally released under this Section. The Department | ||||||
13 | may contract
with any public or private agency in order to | ||||||
14 | discharge any responsibilities
imposed under this Section. | ||||||
15 | The Department shall monitor the provision of
services to | ||||||
16 | persons conditionally released under this Section and | ||||||
17 | provide
periodic reports to the Court concerning the | ||||||
18 | services and the condition of the
defendant.
Whenever a | ||||||
19 | person is conditionally released pursuant to this Section, | ||||||
20 | the
State's Attorney for the county in which the hearing is | ||||||
21 | held shall designate in
writing the name, telephone number, | ||||||
22 | and address of a person employed by him or
her who
shall be | ||||||
23 | notified in the event that either the reporting agency or | ||||||
24 | the
Department decides that the conditional release of the | ||||||
25 | defendant should be
revoked or modified pursuant to | ||||||
26 | subsection (i) of this Section. Such
conditional release |
| |||||||
| |||||||
1 | shall be for
a period of five years. However, the | ||||||
2 | defendant, the person or
facility
rendering the treatment, | ||||||
3 | therapy, program or outpatient care, the
Department, or the
| ||||||
4 | State's Attorney may petition the Court for an extension of
| ||||||
5 | the conditional
release period for an additional 5 years. | ||||||
6 | Upon receipt of such a
petition, the Court shall hold a | ||||||
7 | hearing consistent with the provisions of
paragraph (a), | ||||||
8 | this paragraph (a-1),
and paragraph (f) of this Section, | ||||||
9 | shall determine
whether the defendant should continue to be | ||||||
10 | subject to the terms of
conditional release, and shall | ||||||
11 | enter an order either extending the
defendant's period of | ||||||
12 | conditional release for an additional 5-year
5
year period | ||||||
13 | or discharging the defendant.
Additional 5-year periods of | ||||||
14 | conditional release may be ordered following a
hearing as | ||||||
15 | provided in this Section. However,
in no event shall the | ||||||
16 | defendant's
period of conditional release continue beyond | ||||||
17 | the maximum period of
commitment ordered by the Court | ||||||
18 | pursuant to paragraph (b) of this Section. These provisions | ||||||
19 | for
extension of conditional release shall only apply to | ||||||
20 | defendants
conditionally released on or after August 8, | ||||||
21 | 2003. However , the extension
provisions of Public Act | ||||||
22 | 83-1449 apply only to defendants charged
with a forcible | ||||||
23 | felony.
| ||||||
24 | (E) "Facility director" means the chief officer of a | ||||||
25 | mental health or
developmental disabilities facility or | ||||||
26 | his or her designee or the supervisor of
a program of |
| |||||||
| |||||||
1 | treatment or habilitation or his or her designee. | ||||||
2 | "Designee" may
include a physician, clinical psychologist, | ||||||
3 | social worker, nurse, or clinical
professional counselor.
| ||||||
4 | (b) If the Court finds the defendant in need of mental | ||||||
5 | health services on an
inpatient basis, the
admission, | ||||||
6 | detention, care, treatment or habilitation, treatment plans,
| ||||||
7 | review proceedings, including review of treatment and | ||||||
8 | treatment plans, and
discharge of the defendant after such | ||||||
9 | order shall be under the
Mental Health and Developmental | ||||||
10 | Disabilities Code, except that the
initial order for admission | ||||||
11 | of a defendant acquitted of a felony by
reason of insanity | ||||||
12 | shall be for an indefinite period of time. Such period
of | ||||||
13 | commitment shall not exceed the maximum
length of time that the | ||||||
14 | defendant would have been required to serve,
less credit for | ||||||
15 | good behavior as provided in Section 5-4-1 of the Unified
Code | ||||||
16 | of Corrections, before becoming eligible for
release had
he | ||||||
17 | been convicted of and received the maximum sentence for the | ||||||
18 | most
serious crime for which he has been acquitted by reason of | ||||||
19 | insanity. The
Court shall determine the maximum period of | ||||||
20 | commitment by an appropriate
order. During this period of time, | ||||||
21 | the defendant shall not be permitted
to be in the community in | ||||||
22 | any manner, including , but not limited to , off-grounds
| ||||||
23 | privileges, with or without escort by personnel of the | ||||||
24 | Department of Human
Services, unsupervised on-grounds | ||||||
25 | privileges,
discharge or conditional or temporary release, | ||||||
26 | except by a plan as provided in
this Section. In no event shall |
| |||||||
| |||||||
1 | a defendant's continued unauthorized
absence be a basis for | ||||||
2 | discharge. Not more than 30 days after admission
and every 90 | ||||||
3 | days thereafter so long as the initial order
remains in effect, | ||||||
4 | the facility director shall file a treatment plan report
in | ||||||
5 | writing with the court
and forward a copy of the treatment plan | ||||||
6 | report to the clerk of the
court, the State's Attorney, and the | ||||||
7 | defendant's attorney, if the defendant is
represented by | ||||||
8 | counsel,
or to a person authorized by
the defendant under the
| ||||||
9 | Mental Health and Developmental Disabilities Confidentiality | ||||||
10 | Act to be sent a
copy of the report. The report shall include | ||||||
11 | an opinion
as to whether the
defendant is currently in need of | ||||||
12 | mental
health services on an inpatient basis or in need of | ||||||
13 | mental health services
on
an outpatient basis. The report shall | ||||||
14 | also summarize the basis for those
findings and provide a | ||||||
15 | current summary of the following items from the
treatment plan: | ||||||
16 | (1) an assessment of the defendant's treatment needs, (2) a
| ||||||
17 | description of the services recommended for treatment, (3) the | ||||||
18 | goals of each
type of element of service, (4) an anticipated | ||||||
19 | timetable for the accomplishment
of the goals, and (5) a | ||||||
20 | designation of the qualified professional responsible
for the | ||||||
21 | implementation of the plan.
The report may also include | ||||||
22 | unsupervised on-grounds
privileges, off-grounds privileges | ||||||
23 | (with or without escort by personnel of the
Department of Human | ||||||
24 | Services), home visits and
participation in work
programs, but | ||||||
25 | only where such privileges have been approved by specific court
| ||||||
26 | order, which order may include such conditions on the defendant |
| |||||||
| |||||||
1 | as the
Court may deem appropriate and necessary to reasonably | ||||||
2 | assure the defendant's
satisfactory progress in treatment and | ||||||
3 | the safety of the defendant and others.
| ||||||
4 | (c) Every defendant acquitted of a felony by reason of | ||||||
5 | insanity and
subsequently found to be in need of
mental health | ||||||
6 | services shall be represented by counsel in all proceedings | ||||||
7 | under
this Section and under the Mental Health and | ||||||
8 | Developmental Disabilities Code.
| ||||||
9 | (1) The Court shall appoint as counsel the public | ||||||
10 | defender or an
attorney licensed by this State.
| ||||||
11 | (2) Upon filing with the Court of a verified statement | ||||||
12 | of legal
services rendered by the private attorney | ||||||
13 | appointed pursuant to
paragraph (1) of this subsection, the | ||||||
14 | Court shall determine a reasonable
fee for such services. | ||||||
15 | If the defendant is unable to pay the fee, the
Court shall | ||||||
16 | enter an order upon the State to pay the entire fee or such
| ||||||
17 | amount as the defendant is unable to pay from funds | ||||||
18 | appropriated by the
General Assembly for that purpose.
| ||||||
19 | (d) When the facility director determines that:
| ||||||
20 | (1) the defendant is no longer
in need of mental health | ||||||
21 | services on an inpatient basis; and
| ||||||
22 | (2) the defendant may be conditionally released | ||||||
23 | because he
or she is still in need of mental health | ||||||
24 | services or that the defendant
may be discharged as not in | ||||||
25 | need of any mental health services; or
| ||||||
26 | (3) (blank);
|
| |||||||
| |||||||
1 | the facility director shall give written notice
to the Court, | ||||||
2 | State's Attorney and defense attorney.
Such notice shall set | ||||||
3 | forth in detail the basis for the recommendation of
the | ||||||
4 | facility director, and specify clearly the recommendations, if | ||||||
5 | any,
of the facility director, concerning conditional release.
| ||||||
6 | Any recommendation for conditional release shall include an | ||||||
7 | evaluation of
the defendant's need for psychotropic | ||||||
8 | medication, what provisions should be
made, if any, to ensure | ||||||
9 | that the defendant will continue to receive
psychotropic | ||||||
10 | medication following discharge, and what provisions should be | ||||||
11 | made
to assure the safety of the defendant and others in the | ||||||
12 | event the defendant is
no longer receiving psychotropic | ||||||
13 | medication.
Within 30 days of
the notification by the facility | ||||||
14 | director, the Court shall set a hearing and
make a finding as | ||||||
15 | to whether the defendant is:
| ||||||
16 | (i) (blank); or
| ||||||
17 | (ii) in need of mental health services in the form of | ||||||
18 | inpatient care; or
| ||||||
19 | (iii) in need of mental health services but not subject | ||||||
20 | to inpatient care;
or
| ||||||
21 | (iv) no longer in need of mental health services; or
| ||||||
22 | (v) (blank).
| ||||||
23 | A crime victim shall be allowed to present an oral and | ||||||
24 | written statement. The court shall allow a victim to make an | ||||||
25 | oral statement if the victim is present in the courtroom and | ||||||
26 | requests to make an oral statement. An oral statement includes |
| |||||||
| |||||||
1 | the victim or a representative of the victim reading the | ||||||
2 | written statement. A victim and any person making an oral | ||||||
3 | statement shall not be put under oath or subject to | ||||||
4 | cross-examination. All statements shall become part of the | ||||||
5 | record of the court. | ||||||
6 | Upon finding by the Court, the Court shall enter its | ||||||
7 | findings and such
appropriate order as provided in subsections | ||||||
8 | (a) and (a-1) of this Section.
| ||||||
9 | (e) A defendant admitted pursuant to this Section, or any | ||||||
10 | person on
his behalf, may file a petition for treatment plan | ||||||
11 | review
or discharge or conditional release under the
standards | ||||||
12 | of this Section in the Court which rendered the verdict. Upon
| ||||||
13 | receipt of a petition for treatment plan review or discharge or | ||||||
14 | conditional release, the Court shall set a hearing to
be held | ||||||
15 | within 120 days. Thereafter, no new petition
may be filed for | ||||||
16 | 180 days
without leave of the Court.
| ||||||
17 | (f) The Court shall direct that notice of the time and | ||||||
18 | place of the
hearing be served upon the defendant, the facility | ||||||
19 | director, the State's
Attorney, and the defendant's attorney. | ||||||
20 | If requested by either the State or the
defense or if the Court | ||||||
21 | feels it is appropriate, an impartial examination
of the | ||||||
22 | defendant by a psychiatrist or clinical psychologist as defined | ||||||
23 | in
Section 1-103 of the Mental Health and Developmental | ||||||
24 | Disabilities Code who
is not in the employ of the Department of | ||||||
25 | Human Services shall be ordered, and
the report considered at
| ||||||
26 | the time of the hearing.
|
| |||||||
| |||||||
1 | (g) The findings of the Court shall be established by clear | ||||||
2 | and
convincing evidence. The burden of proof and the burden of | ||||||
3 | going forth
with the evidence rest with the defendant or any | ||||||
4 | person on the defendant's
behalf when a hearing is held to | ||||||
5 | review
a petition filed by or on
behalf of the defendant. The | ||||||
6 | evidence shall be presented in open
Court
with the right of | ||||||
7 | confrontation and cross-examination.
Such evidence may | ||||||
8 | include, but is not limited to:
| ||||||
9 | (1) whether the defendant appreciates the harm caused | ||||||
10 | by the defendant to
others and the community by his or her | ||||||
11 | prior
conduct
that resulted in the finding of not guilty by | ||||||
12 | reason of insanity;
| ||||||
13 | (2) Whether the person appreciates the criminality of | ||||||
14 | conduct similar to
the conduct for which he or she was | ||||||
15 | originally charged in this matter;
| ||||||
16 | (3) the current state of
the defendant's illness;
| ||||||
17 | (4) what, if any, medications the defendant is taking | ||||||
18 | to
control his or her mental illness;
| ||||||
19 | (5) what, if any, adverse physical side effects
the | ||||||
20 | medication has on the defendant;
| ||||||
21 | (6) the length of time it would take for the | ||||||
22 | defendant's mental health to
deteriorate
if
the
defendant | ||||||
23 | stopped taking prescribed medication;
| ||||||
24 | (7) the defendant's history or potential for alcohol | ||||||
25 | and drug abuse;
| ||||||
26 | (8) the defendant's past criminal history;
|
| |||||||
| |||||||
1 | (9) any specialized physical or medical needs of the | ||||||
2 | defendant;
| ||||||
3 | (10) any family participation or involvement expected | ||||||
4 | upon release and
what is the willingness and ability of the | ||||||
5 | family to participate or be
involved;
| ||||||
6 | (11) the defendant's potential to be a danger to | ||||||
7 | himself, herself, or
others; and
| ||||||
8 | (11.5) a written or oral statement made by the victim; | ||||||
9 | and | ||||||
10 | (12) any other factor or factors the Court deems | ||||||
11 | appropriate.
| ||||||
12 | (h) Before the court orders that the defendant be | ||||||
13 | discharged or
conditionally released, it shall order the | ||||||
14 | facility director to establish a
discharge plan that includes a | ||||||
15 | plan for the defendant's shelter, support, and
medication. If | ||||||
16 | appropriate, the court shall order that the facility director
| ||||||
17 | establish a program to train the defendant in self-medication | ||||||
18 | under standards
established by the Department of Human | ||||||
19 | Services.
If the Court finds, consistent with the provisions of | ||||||
20 | this Section,
that the defendant is no longer in need of mental
| ||||||
21 | health services it shall order the facility director to | ||||||
22 | discharge the
defendant. If the Court finds, consistent with | ||||||
23 | the provisions of this
Section, that the defendant is in need | ||||||
24 | of mental
health services, and no longer in need of inpatient | ||||||
25 | care, it shall order
the facility director to release the | ||||||
26 | defendant under such conditions as the
Court deems appropriate |
| |||||||
| |||||||
1 | and as provided by this Section. Such conditional
release shall | ||||||
2 | be imposed for a period of 5 years as provided in
paragraph
(D) | ||||||
3 | of subsection (a-1) and shall be
subject
to later modification | ||||||
4 | by the Court as provided by this Section. If the
Court finds | ||||||
5 | consistent with the provisions in this Section that the
| ||||||
6 | defendant is in
need of mental health services on an inpatient | ||||||
7 | basis, it shall order the
facility director not to discharge or | ||||||
8 | release the defendant in accordance
with paragraph (b) of this | ||||||
9 | Section.
| ||||||
10 | (i) If within the period of the defendant's conditional | ||||||
11 | release
the State's Attorney determines that the defendant has | ||||||
12 | not fulfilled the
conditions of his or her release, the State's | ||||||
13 | Attorney may petition the
Court
to
revoke or modify the | ||||||
14 | conditional release of the defendant. Upon the filing of
such | ||||||
15 | petition the defendant may be remanded to the custody of the | ||||||
16 | Department,
or to any other mental health facility designated | ||||||
17 | by the Department, pending
the resolution of the petition. | ||||||
18 | Nothing in this Section shall prevent the
emergency admission | ||||||
19 | of a defendant pursuant to Article VI of Chapter III of the
| ||||||
20 | Mental Health
and Developmental Disabilities Code or the | ||||||
21 | voluntary admission of the defendant
pursuant to Article IV of | ||||||
22 | Chapter III of the Mental Health and Developmental
Disabilities
| ||||||
23 | Code. If
the Court determines, after hearing evidence, that the | ||||||
24 | defendant has
not fulfilled the conditions of release, the | ||||||
25 | Court shall order a hearing
to be held consistent with the | ||||||
26 | provisions of paragraph (f) and (g) of this
Section. At such |
| |||||||
| |||||||
1 | hearing, if the Court finds that the defendant is in need of | ||||||
2 | mental health services on an inpatient
basis, it shall enter an | ||||||
3 | order remanding him or her to the Department of
Human Services | ||||||
4 | or other
facility. If the defendant is remanded to the | ||||||
5 | Department of Human Services, he
or she shall be placed in
a | ||||||
6 | secure setting unless the Court
determines that there are | ||||||
7 | compelling reasons that such placement is not
necessary. If the
| ||||||
8 | Court finds that the defendant continues to be in need of | ||||||
9 | mental health
services but not on an inpatient basis, it may | ||||||
10 | modify the conditions of
the original release in order to | ||||||
11 | reasonably assure the defendant's satisfactory
progress in | ||||||
12 | treatment and his or her safety and the safety of others in
| ||||||
13 | accordance with the standards established in paragraph (D) of | ||||||
14 | subsection (a-1). Nothing in
this Section shall limit a Court's | ||||||
15 | contempt powers or any other powers of a
Court.
| ||||||
16 | (j) An order of admission under this Section does not | ||||||
17 | affect the
remedy of habeas corpus.
| ||||||
18 | (k) In the event of a conflict between this Section and the | ||||||
19 | Mental Health
and Developmental Disabilities Code or the Mental | ||||||
20 | Health and Developmental
Disabilities Confidentiality Act, the | ||||||
21 | provisions of this Section shall govern.
| ||||||
22 | (l) Public Act 90-593 This amendatory Act shall apply to | ||||||
23 | all persons who have been found
not guilty by reason of | ||||||
24 | insanity and who are presently committed to the
Department of | ||||||
25 | Mental Health and Developmental Disabilities (now the
| ||||||
26 | Department of Human Services).
|
| |||||||
| |||||||
1 | (m)
The Clerk of the Court shall transmit a certified copy | ||||||
2 | of the order of
discharge or conditional release to the | ||||||
3 | Department of Human Services, to the sheriff of the county from | ||||||
4 | which the defendant was admitted, to the Illinois Department of | ||||||
5 | State Police, to
the proper law enforcement agency for the | ||||||
6 | municipality
where the offense took
place, and to the sheriff | ||||||
7 | of the county into which the defendant is
conditionally | ||||||
8 | discharged. The Illinois Department of State Police shall
| ||||||
9 | maintain a
centralized record of discharged or conditionally | ||||||
10 | released defendants while
they are under court supervision for | ||||||
11 | access and use of appropriate law
enforcement agencies.
| ||||||
12 | (Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18; | ||||||
13 | revised 10-10-17.)
| ||||||
14 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
15 | Sec. 5-4-1. Sentencing hearing.
| ||||||
16 | (a) Except when the death penalty is
sought under hearing | ||||||
17 | procedures otherwise specified, after a
determination of | ||||||
18 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
19 | prior to the imposition of sentence on an individual being
| ||||||
20 | sentenced for an offense based upon a charge for a violation of | ||||||
21 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
22 | provision of a local
ordinance, the individual must undergo a | ||||||
23 | professional evaluation to
determine if an alcohol or other | ||||||
24 | drug abuse problem exists and the extent
of such a problem. | ||||||
25 | Programs conducting these evaluations shall be
licensed by the |
| |||||||
| |||||||
1 | Department of Human Services. However, if the individual is
not | ||||||
2 | a resident of Illinois, the court
may, in its discretion, | ||||||
3 | accept an evaluation from a program in the state of
such | ||||||
4 | individual's residence. The court may in its sentencing order | ||||||
5 | approve an
eligible defendant for placement in a Department of | ||||||
6 | Corrections impact
incarceration program as provided in | ||||||
7 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
8 | order recommend a defendant for placement in a Department of | ||||||
9 | Corrections substance abuse treatment program as provided in | ||||||
10 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
11 | upon the defendant being accepted in a program by the | ||||||
12 | Department of Corrections. At the
hearing the court
shall:
| ||||||
13 | (1) consider the evidence, if any, received upon the | ||||||
14 | trial;
| ||||||
15 | (2) consider any presentence reports;
| ||||||
16 | (3) consider the financial impact of incarceration | ||||||
17 | based on the
financial impact statement filed with the | ||||||
18 | clerk of the court by the
Department of Corrections;
| ||||||
19 | (4) consider evidence and information offered by the | ||||||
20 | parties in
aggravation and mitigation; | ||||||
21 | (4.5) consider substance abuse treatment, eligibility | ||||||
22 | screening, and an assessment, if any, of the defendant by | ||||||
23 | an agent designated by the State of Illinois to provide | ||||||
24 | assessment services for the Illinois courts;
| ||||||
25 | (5) hear arguments as to sentencing alternatives;
| ||||||
26 | (6) afford the defendant the opportunity to make a |
| |||||||
| |||||||
1 | statement in his
own behalf;
| ||||||
2 | (7) afford the victim of a violent crime or a violation | ||||||
3 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
4 | similar provision of a local
ordinance , the opportunity to | ||||||
5 | present an oral or written statement, as guaranteed by | ||||||
6 | Article I, Section 8.1 of the Illinois Constitution and | ||||||
7 | provided in Section 6 of the Rights of Crime Victims and | ||||||
8 | Witnesses Act. The court shall allow a victim to make an | ||||||
9 | oral statement if the victim is present in the courtroom | ||||||
10 | and requests to make an oral or written statement. An oral | ||||||
11 | or written statement includes the victim or a | ||||||
12 | representative of the victim reading the written | ||||||
13 | statement. The court may allow persons impacted by the | ||||||
14 | crime who are not victims under subsection (a) of Section 3 | ||||||
15 | of the Rights of Crime Victims and Witnesses Act to present | ||||||
16 | an oral or written statement. A victim and any person | ||||||
17 | making an oral statement shall not be put under oath or | ||||||
18 | subject to cross-examination. , or a qualified individual | ||||||
19 | affected by: (i) a violation of Section
405, 405.1, 405.2, | ||||||
20 | or 407 of the Illinois Controlled Substances Act or a | ||||||
21 | violation of Section 55 or Section 65 of the | ||||||
22 | Methamphetamine Control and Community Protection Act,
or | ||||||
23 | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | ||||||
24 | except as described in subdivisions (a)(2)(A) and | ||||||
25 | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012,
|
| |||||||
| |||||||
1 | committed by the defendant the opportunity to make a | ||||||
2 | statement
concerning the impact on the victim and to offer | ||||||
3 | evidence in aggravation or
mitigation; provided that the | ||||||
4 | statement and evidence offered in aggravation
or | ||||||
5 | mitigation must first be prepared in writing in conjunction | ||||||
6 | with the
State's Attorney before it may be presented orally | ||||||
7 | at the hearing. Any
sworn testimony offered by the victim | ||||||
8 | is subject to the defendant's right
to cross-examine. All | ||||||
9 | statements and evidence offered under this paragraph
(7) | ||||||
10 | shall become part of the record of the court. In For the | ||||||
11 | purpose of this
paragraph (7), "victim of a violent crime" | ||||||
12 | means a person who is a victim of a violent crime for which | ||||||
13 | the defendant has been convicted after a bench or jury | ||||||
14 | trial or a person who is the victim of a violent crime with | ||||||
15 | which the defendant was charged and the defendant has been | ||||||
16 | convicted under a plea agreement of a crime that is not a | ||||||
17 | violent crime as defined in subsection (c) of 3 of the | ||||||
18 | Rights of Crime Victims and Witnesses Act; "qualified | ||||||
19 | individual" means any person who (i) lived or worked
within | ||||||
20 | the territorial jurisdiction where the offense took place | ||||||
21 | when the
offense took place;
and (ii) is familiar with | ||||||
22 | various public places within the territorial
jurisdiction | ||||||
23 | where
the offense took place when the offense took place. | ||||||
24 | For the purposes of
this paragraph (7), "qualified | ||||||
25 | individual" includes any peace officer,
or any member of | ||||||
26 | any duly organized State, county, or municipal peace unit
|
| |||||||
| |||||||
1 | assigned to the territorial jurisdiction where the offense | ||||||
2 | took place when the
offense took
place | ||||||
3 | (7.5) afford a qualified person affected by: (i) a | ||||||
4 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
5 | Illinois Controlled Substances Act or a violation of | ||||||
6 | Section 55 or Section 65 of the Methamphetamine Control and | ||||||
7 | Community Protection Act; or (ii) a Class 4 felony | ||||||
8 | violation of Section 11-14, 11-14.3 except as described in | ||||||
9 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||||||
10 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, committed by the defendant the | ||||||
12 | opportunity to make a statement concerning the impact on | ||||||
13 | the qualified person and to offer evidence in aggravation | ||||||
14 | or mitigation; provided that the statement and evidence | ||||||
15 | offered in aggravation or mitigation shall first be | ||||||
16 | prepared in writing in conjunction with the State's | ||||||
17 | Attorney before it may be presented orally at the hearing. | ||||||
18 | Sworn testimony offered by the qualified person is subject | ||||||
19 | to the defendant's right to cross-examine. All statements | ||||||
20 | and evidence offered under this paragraph (7.5) shall | ||||||
21 | become part of the record of the court. In this paragraph | ||||||
22 | (7.5), "qualified person" means any person who: (i) lived | ||||||
23 | or worked within the territorial jurisdiction where the | ||||||
24 | offense took place when the offense took place; or (ii) is | ||||||
25 | familiar with various public places within the territorial | ||||||
26 | jurisdiction where the offense took place when the offense |
| |||||||
| |||||||
1 | took place. "Qualified person includes any peace officer or | ||||||
2 | any member of any duly organized State, county, or | ||||||
3 | municipal peace officer unit assigned to the territorial | ||||||
4 | jurisdiction where the offense took place when the offense | ||||||
5 | took place ;
| ||||||
6 | (8) in cases of reckless homicide afford the victim's | ||||||
7 | spouse,
guardians, parents or other immediate family | ||||||
8 | members an opportunity to make
oral statements;
| ||||||
9 | (9) in cases involving a felony sex offense as defined | ||||||
10 | under the Sex
Offender
Management Board Act, consider the | ||||||
11 | results of the sex offender evaluation
conducted pursuant | ||||||
12 | to Section 5-3-2 of this Act; and
| ||||||
13 | (10) make a finding of whether a motor vehicle was used | ||||||
14 | in the commission of the offense for which the defendant is | ||||||
15 | being sentenced. | ||||||
16 | (b) All sentences shall be imposed by the judge based upon | ||||||
17 | his
independent assessment of the elements specified above and | ||||||
18 | any agreement
as to sentence reached by the parties. The judge | ||||||
19 | who presided at the
trial or the judge who accepted the plea of | ||||||
20 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
21 | as a judge in that court. Where
the judge does not impose | ||||||
22 | sentence at the same time on all defendants
who are convicted | ||||||
23 | as a result of being involved in the same offense, the
| ||||||
24 | defendant or the State's Attorney may advise the sentencing | ||||||
25 | court of the
disposition of any other defendants who have been | ||||||
26 | sentenced.
|
| |||||||
| |||||||
1 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
2 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
3 | sentence of probation or conditional discharge is an available | ||||||
4 | sentence, if the defendant has no prior sentence of probation | ||||||
5 | or conditional discharge and no prior conviction for a violent | ||||||
6 | crime, the defendant shall not be sentenced to imprisonment | ||||||
7 | before review and consideration of a presentence report and | ||||||
8 | determination and explanation of why the particular evidence, | ||||||
9 | information, factor in aggravation, factual finding, or other | ||||||
10 | reasons support a sentencing determination that one or more of | ||||||
11 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
12 | apply and that probation or conditional discharge is not an | ||||||
13 | appropriate sentence. | ||||||
14 | (c) In imposing a sentence for a violent crime or for an | ||||||
15 | offense of
operating or being in physical control of a vehicle | ||||||
16 | while under the
influence of alcohol, any other drug or any | ||||||
17 | combination thereof, or a
similar provision of a local | ||||||
18 | ordinance, when such offense resulted in the
personal injury to | ||||||
19 | someone other than the defendant, the trial judge shall
specify | ||||||
20 | on the record the particular evidence, information, factors in
| ||||||
21 | mitigation and aggravation or other reasons that led to his | ||||||
22 | sentencing
determination. The full verbatim record of the | ||||||
23 | sentencing hearing shall be
filed with the clerk of the court | ||||||
24 | and shall be a public record.
| ||||||
25 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
26 | kidnapping for
ransom, home invasion, armed robbery, |
| |||||||
| |||||||
1 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
2 | firearm, or armed violence with a category I weapon
or category | ||||||
3 | II weapon,
the trial judge shall make a finding as to whether | ||||||
4 | the conduct leading to
conviction for the offense resulted in | ||||||
5 | great bodily harm to a victim, and
shall enter that finding and | ||||||
6 | the basis for that finding in the record.
| ||||||
7 | (c-2) If the defendant is sentenced to prison, other than | ||||||
8 | when a sentence of
natural life imprisonment or a sentence of | ||||||
9 | death is imposed, at the time
the sentence is imposed the judge | ||||||
10 | shall
state on the record in open court the approximate period | ||||||
11 | of time the defendant
will serve in custody according to the | ||||||
12 | then current statutory rules and
regulations for sentence | ||||||
13 | credit found in Section 3-6-3 and other related
provisions of | ||||||
14 | this Code. This statement is intended solely to inform the
| ||||||
15 | public, has no legal effect on the defendant's actual release, | ||||||
16 | and may not be
relied on by the defendant on appeal.
| ||||||
17 | The judge's statement, to be given after pronouncing the | ||||||
18 | sentence, other than
when the sentence is imposed for one of | ||||||
19 | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||||||
20 | shall include the following:
| ||||||
21 | "The purpose of this statement is to inform the public of | ||||||
22 | the actual period
of time this defendant is likely to spend in | ||||||
23 | prison as a result of this
sentence. The actual period of | ||||||
24 | prison time served is determined by the
statutes of Illinois as | ||||||
25 | applied to this sentence by the Illinois Department of
| ||||||
26 | Corrections and
the Illinois Prisoner Review Board. In this |
| |||||||
| |||||||
1 | case, assuming the defendant
receives all of his or her | ||||||
2 | sentence credit, the period of estimated actual
custody is ... | ||||||
3 | years and ... months, less up to 180 days additional earned | ||||||
4 | sentence credit. If the defendant, because of his or
her own | ||||||
5 | misconduct or failure to comply with the institutional | ||||||
6 | regulations,
does not receive those credits, the actual time | ||||||
7 | served in prison will be
longer. The defendant may also receive | ||||||
8 | an additional one-half day sentence
credit for each day of | ||||||
9 | participation in vocational, industry, substance abuse,
and | ||||||
10 | educational programs as provided for by Illinois statute."
| ||||||
11 | When the sentence is imposed for one of the offenses | ||||||
12 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
13 | first degree murder, and the offense was
committed on or after | ||||||
14 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
15 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
16 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
17 | offense was committed on or after January 1, 1999,
and when the | ||||||
18 | sentence is imposed for aggravated driving under the influence
| ||||||
19 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
20 | compounds, or
any combination thereof as defined in | ||||||
21 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
22 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
23 | imposed for aggravated arson if the offense was committed
on or | ||||||
24 | after July 27, 2001 (the effective date of Public Act 92-176), | ||||||
25 | and when
the sentence is imposed for aggravated driving under | ||||||
26 | the influence of alcohol,
other drug or drugs, or intoxicating |
| |||||||
| |||||||
1 | compound or compounds, or any combination
thereof as defined in | ||||||
2 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
3 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
4 | January 1, 2011 (the effective date of Public Act 96-1230), the | ||||||
5 | judge's
statement, to be given after pronouncing the sentence, | ||||||
6 | shall include the
following:
| ||||||
7 | "The purpose of this statement is to inform the public of | ||||||
8 | the actual period
of time this defendant is likely to spend in | ||||||
9 | prison as a result of this
sentence. The actual period of | ||||||
10 | prison time served is determined by the
statutes of Illinois as | ||||||
11 | applied to this sentence by the Illinois Department of
| ||||||
12 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
13 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
14 | sentence credit for
each month of his or her sentence of | ||||||
15 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
16 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
17 | days credit for each month of his or her sentence, the period
| ||||||
18 | of estimated actual custody is ... years and ... months. If the | ||||||
19 | defendant,
because of his or her own misconduct or failure to | ||||||
20 | comply with the
institutional regulations receives lesser | ||||||
21 | credit, the actual time served in
prison will be longer."
| ||||||
22 | When a sentence of imprisonment is imposed for first degree | ||||||
23 | murder and
the offense was committed on or after June 19, 1998, | ||||||
24 | the judge's statement,
to be given after pronouncing the | ||||||
25 | sentence, shall include the following:
| ||||||
26 | "The purpose of this statement is to inform the public of |
| |||||||
| |||||||
1 | the actual period
of time this defendant is likely to spend in | ||||||
2 | prison as a result of this
sentence. The actual period of | ||||||
3 | prison time served is determined by the
statutes of Illinois as | ||||||
4 | applied to this sentence by the Illinois Department
of | ||||||
5 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
6 | case, the
defendant is not entitled to sentence credit. | ||||||
7 | Therefore, this defendant
will serve 100% of his or her | ||||||
8 | sentence."
| ||||||
9 | When the sentencing order recommends placement in a | ||||||
10 | substance abuse program for any offense that results in | ||||||
11 | incarceration
in a Department of Corrections facility and the | ||||||
12 | crime was
committed on or after September 1, 2003 (the | ||||||
13 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
14 | addition to any other judge's statement required under this
| ||||||
15 | Section, to be given after pronouncing the sentence, shall | ||||||
16 | include the
following:
| ||||||
17 | "The purpose of this statement is to inform the public of
| ||||||
18 | the actual period of time this defendant is likely to spend in
| ||||||
19 | prison as a result of this sentence. The actual period of
| ||||||
20 | prison time served is determined by the statutes of Illinois as
| ||||||
21 | applied to this sentence by the Illinois Department of
| ||||||
22 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
23 | case, the defendant shall receive no earned sentence credit | ||||||
24 | under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||||||
25 | she participates in and completes a substance abuse treatment | ||||||
26 | program or receives a waiver from the Director of Corrections |
| |||||||
| |||||||
1 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
2 | (c-4) Before the sentencing hearing and as part of the | ||||||
3 | presentence investigation under Section 5-3-1, the court shall | ||||||
4 | inquire of the defendant whether the defendant is currently | ||||||
5 | serving in or is a veteran of the Armed Forces of the United | ||||||
6 | States.
If the defendant is currently serving in the Armed | ||||||
7 | Forces of the United States or is a veteran of the Armed Forces | ||||||
8 | of the United States and has been diagnosed as having a mental | ||||||
9 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
10 | physician, the court may: | ||||||
11 | (1) order that the officer preparing the presentence | ||||||
12 | report consult with the United States Department of | ||||||
13 | Veterans Affairs, Illinois Department of Veterans' | ||||||
14 | Affairs, or another agency or person with suitable | ||||||
15 | knowledge or experience for the purpose of providing the | ||||||
16 | court with information regarding treatment options | ||||||
17 | available to the defendant, including federal, State, and | ||||||
18 | local programming; and | ||||||
19 | (2) consider the treatment recommendations of any | ||||||
20 | diagnosing or treating mental health professionals | ||||||
21 | together with the treatment options available to the | ||||||
22 | defendant in imposing sentence. | ||||||
23 | For the purposes of this subsection (c-4), "qualified | ||||||
24 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
25 | to practice medicine in all its branches, who has specialized | ||||||
26 | in the diagnosis and treatment of mental and nervous disorders |
| |||||||
| |||||||
1 | for a period of not less than 5 years. | ||||||
2 | (c-6) In imposing a sentence, the trial judge shall | ||||||
3 | specify, on the record, the particular evidence and other | ||||||
4 | reasons which led to his or her determination that a motor | ||||||
5 | vehicle was used in the commission of the offense. | ||||||
6 | (d) When the defendant is committed to the Department of
| ||||||
7 | Corrections, the State's Attorney shall and counsel for the | ||||||
8 | defendant
may file a statement with the clerk of the court to | ||||||
9 | be transmitted to
the department, agency or institution to | ||||||
10 | which the defendant is
committed to furnish such department, | ||||||
11 | agency or institution with the
facts and circumstances of the | ||||||
12 | offense for which the person was
committed together with all | ||||||
13 | other factual information accessible to them
in regard to the | ||||||
14 | person prior to his commitment relative to his habits,
| ||||||
15 | associates, disposition and reputation and any other facts and
| ||||||
16 | circumstances which may aid such department, agency or | ||||||
17 | institution
during its custody of such person. The clerk shall | ||||||
18 | within 10 days after
receiving any such statements transmit a | ||||||
19 | copy to such department, agency
or institution and a copy to | ||||||
20 | the other party, provided, however, that
this shall not be | ||||||
21 | cause for delay in conveying the person to the
department, | ||||||
22 | agency or institution to which he has been committed.
| ||||||
23 | (e) The clerk of the court shall transmit to the | ||||||
24 | department,
agency or institution, if any, to which the | ||||||
25 | defendant is committed, the
following:
| ||||||
26 | (1) the sentence imposed;
|
| |||||||
| |||||||
1 | (2) any statement by the court of the basis for | ||||||
2 | imposing the sentence;
| ||||||
3 | (3) any presentence reports;
| ||||||
4 | (3.5) any sex offender evaluations;
| ||||||
5 | (3.6) any substance abuse treatment eligibility | ||||||
6 | screening and assessment of the defendant by an agent | ||||||
7 | designated by the State of Illinois to provide assessment | ||||||
8 | services for the Illinois courts;
| ||||||
9 | (4) the number of days, if any, which the defendant has | ||||||
10 | been in
custody and for which he is entitled to credit | ||||||
11 | against the sentence,
which information shall be provided | ||||||
12 | to the clerk by the sheriff;
| ||||||
13 | (4.1) any finding of great bodily harm made by the | ||||||
14 | court with respect
to an offense enumerated in subsection | ||||||
15 | (c-1);
| ||||||
16 | (5) all statements filed under subsection (d) of this | ||||||
17 | Section;
| ||||||
18 | (6) any medical or mental health records or summaries | ||||||
19 | of the defendant;
| ||||||
20 | (7) the municipality where the arrest of the offender | ||||||
21 | or the commission
of the offense has occurred, where such | ||||||
22 | municipality has a population of
more than 25,000 persons;
| ||||||
23 | (8) all statements made and evidence offered under | ||||||
24 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
25 | (9) all additional matters which the court directs the | ||||||
26 | clerk to
transmit.
|
| |||||||
| |||||||
1 | (f) In cases in which the court finds that a motor vehicle | ||||||
2 | was used in the commission of the offense for which the | ||||||
3 | defendant is being sentenced, the clerk of the court shall, | ||||||
4 | within 5 days thereafter, forward a report of such conviction | ||||||
5 | to the Secretary of State. | ||||||
6 | (Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18 .)
|