Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1217 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1217 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 725 ILCS 120/4.5 Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall immediately inform a victim of the early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, if the victim has previously requested notification of that information. Provides that when the defendant has been found guilty but mentally ill and is granted early release, pardon, commutation, or furlough, the Prisoner Review Board immediately shall notify the victim, if the victim has previously requested notification of that information. Provides that the notification shall be based upon the most recent information as to the victim's residence or other location available to the Board. Provides that when no such information is available, the Board shall make all reasonable efforts to obtain the information and make the notification. Provides that this notification requirement is in addition to any notification requirements pursuant to any other statewide victim notification systems. Provides that the Board must document notification efforts if the victim alleges lack of notification. LRB104 03910 RLC 13934 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1217 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 725 ILCS 120/4.5 725 ILCS 120/4.5 Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall immediately inform a victim of the early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, if the victim has previously requested notification of that information. Provides that when the defendant has been found guilty but mentally ill and is granted early release, pardon, commutation, or furlough, the Prisoner Review Board immediately shall notify the victim, if the victim has previously requested notification of that information. Provides that the notification shall be based upon the most recent information as to the victim's residence or other location available to the Board. Provides that when no such information is available, the Board shall make all reasonable efforts to obtain the information and make the notification. Provides that this notification requirement is in addition to any notification requirements pursuant to any other statewide victim notification systems. Provides that the Board must document notification efforts if the victim alleges lack of notification. LRB104 03910 RLC 13934 b LRB104 03910 RLC 13934 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1217 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
3	3	725 ILCS 120/4.5 725 ILCS 120/4.5
4	4	725 ILCS 120/4.5
5	5	Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall immediately inform a victim of the early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, if the victim has previously requested notification of that information. Provides that when the defendant has been found guilty but mentally ill and is granted early release, pardon, commutation, or furlough, the Prisoner Review Board immediately shall notify the victim, if the victim has previously requested notification of that information. Provides that the notification shall be based upon the most recent information as to the victim's residence or other location available to the Board. Provides that when no such information is available, the Board shall make all reasonable efforts to obtain the information and make the notification. Provides that this notification requirement is in addition to any notification requirements pursuant to any other statewide victim notification systems. Provides that the Board must document notification efforts if the victim alleges lack of notification.
6	6	LRB104 03910 RLC 13934 b LRB104 03910 RLC 13934 b
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8	8	A BILL FOR
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10	10	SB1217 LRB104 03910 RLC 13934 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Rights of Crime Victims and Witnesses Act
15	15	5 is amended by changing Section 4.5 as follows:
16	16	6 (725 ILCS 120/4.5)
17	17	7 Sec. 4.5. Procedures to implement the rights of crime
18	18	8 victims. To afford crime victims their rights, law
19	19	9 enforcement, prosecutors, judges, and corrections will provide
20	20	10 information, as appropriate, of the following procedures:
21	21	11 (a) At the request of the crime victim, law enforcement
22	22	12 authorities investigating the case shall provide notice of the
23	23	13 status of the investigation, except where the State's Attorney
24	24	14 determines that disclosure of such information would
25	25	15 unreasonably interfere with the investigation, until such time
26	26	16 as the alleged assailant is apprehended or the investigation
27	27	17 is closed.
28	28	18 (a-5) When law enforcement authorities reopen a closed
29	29	19 case to resume investigating, they shall provide notice of the
30	30	20 reopening of the case, except where the State's Attorney
31	31	21 determines that disclosure of such information would
32	32	22 unreasonably interfere with the investigation.
33	33	23 (b) The office of the State's Attorney:
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1217 Introduced 1/24/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
38	38	725 ILCS 120/4.5 725 ILCS 120/4.5
39	39	725 ILCS 120/4.5
40	40	Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall immediately inform a victim of the early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, if the victim has previously requested notification of that information. Provides that when the defendant has been found guilty but mentally ill and is granted early release, pardon, commutation, or furlough, the Prisoner Review Board immediately shall notify the victim, if the victim has previously requested notification of that information. Provides that the notification shall be based upon the most recent information as to the victim's residence or other location available to the Board. Provides that when no such information is available, the Board shall make all reasonable efforts to obtain the information and make the notification. Provides that this notification requirement is in addition to any notification requirements pursuant to any other statewide victim notification systems. Provides that the Board must document notification efforts if the victim alleges lack of notification.
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43	43	A BILL FOR
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68	68	1 (1) shall provide notice of the filing of an
69	69	2 information, the return of an indictment, or the filing of
70	70	3 a petition to adjudicate a minor as a delinquent for a
71	71	4 violent crime;
72	72	5 (2) shall provide timely notice of the date, time, and
73	73	6 place of court proceedings; of any change in the date,
74	74	7 time, and place of court proceedings; and of any
75	75	8 cancellation of court proceedings. Notice shall be
76	76	9 provided in sufficient time, wherever possible, for the
77	77	10 victim to make arrangements to attend or to prevent an
78	78	11 unnecessary appearance at court proceedings;
79	79	12 (3) or victim advocate personnel shall provide
80	80	13 information of social services and financial assistance
81	81	14 available for victims of crime, including information of
82	82	15 how to apply for these services and assistance;
83	83	16 (3.5) or victim advocate personnel shall provide
84	84	17 information about available victim services, including
85	85	18 referrals to programs, counselors, and agencies that
86	86	19 assist a victim to deal with trauma, loss, and grief;
87	87	20 (4) shall assist in having any stolen or other
88	88	21 personal property held by law enforcement authorities for
89	89	22 evidentiary or other purposes returned as expeditiously as
90	90	23 possible, pursuant to the procedures set out in Section
91	91	24 115-9 of the Code of Criminal Procedure of 1963;
92	92	25 (5) or victim advocate personnel shall provide
93	93	26 appropriate employer intercession services to ensure that
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104	104	1 employers of victims will cooperate with the criminal
105	105	2 justice system in order to minimize an employee's loss of
106	106	3 pay and other benefits resulting from court appearances;
107	107	4 (6) shall provide, whenever possible, a secure waiting
108	108	5 area during court proceedings that does not require
109	109	6 victims to be in close proximity to defendants or
110	110	7 juveniles accused of a violent crime, and their families
111	111	8 and friends;
112	112	9 (7) shall provide notice to the crime victim of the
113	113	10 right to have a translator present at all court
114	114	11 proceedings and, in compliance with the federal Americans
115	115	12 with Disabilities Act of 1990, the right to communications
116	116	13 access through a sign language interpreter or by other
117	117	14 means;
118	118	15 (8) (blank);
119	119	16 (8.5) shall inform the victim of the right to be
120	120	17 present at all court proceedings, unless the victim is to
121	121	18 testify and the court determines that the victim's
122	122	19 testimony would be materially affected if the victim hears
123	123	20 other testimony at trial;
124	124	21 (9) shall inform the victim of the right to have
125	125	22 present at all court proceedings, subject to the rules of
126	126	23 evidence and confidentiality, an advocate and other
127	127	24 support person of the victim's choice;
128	128	25 (9.3) shall inform the victim of the right to retain
129	129	26 an attorney, at the victim's own expense, who, upon
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140	140	1 written notice filed with the clerk of the court and
141	141	2 State's Attorney, is to receive copies of all notices,
142	142	3 motions, and court orders filed thereafter in the case, in
143	143	4 the same manner as if the victim were a named party in the
144	144	5 case;
145	145	6 (9.5) shall inform the victim of (A) the victim's
146	146	7 right under Section 6 of this Act to make a statement at
147	147	8 the sentencing hearing; (B) the right of the victim's
148	148	9 spouse, guardian, parent, grandparent, and other immediate
149	149	10 family and household members under Section 6 of this Act
150	150	11 to present a statement at sentencing; and (C) if a
151	151	12 presentence report is to be prepared, the right of the
152	152	13 victim's spouse, guardian, parent, grandparent, and other
153	153	14 immediate family and household members to submit
154	154	15 information to the preparer of the presentence report
155	155	16 about the effect the offense has had on the victim and the
156	156	17 person;
157	157	18 (10) at the sentencing shall make a good faith attempt
158	158	19 to explain the minimum amount of time during which the
159	159	20 defendant may actually be physically imprisoned. The
160	160	21 Office of the State's Attorney shall further notify the
161	161	22 crime victim of the right to request from the Prisoner
162	162	23 Review Board or Department of Juvenile Justice information
163	163	24 concerning the release of the defendant;
164	164	25 (11) shall request restitution at sentencing and as
165	165	26 part of a plea agreement if the victim requests
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176	176	1 restitution;
177	177	2 (12) shall, upon the court entering a verdict of not
178	178	3 guilty by reason of insanity, inform the victim of the
179	179	4 notification services available from the Department of
180	180	5 Human Services, including the statewide telephone number,
181	181	6 under subparagraph (d)(2) of this Section;
182	182	7 (13) shall provide notice within a reasonable time
183	183	8 after receipt of notice from the custodian, of the release
184	184	9 of the defendant on pretrial release or personal
185	185	10 recognizance or the release from detention of a minor who
186	186	11 has been detained;
187	187	12 (14) shall explain in nontechnical language the
188	188	13 details of any plea or verdict of a defendant, or any
189	189	14 adjudication of a juvenile as a delinquent;
190	190	15 (15) shall make all reasonable efforts to consult with
191	191	16 the crime victim before the Office of the State's Attorney
192	192	17 makes an offer of a plea bargain to the defendant or enters
193	193	18 into negotiations with the defendant concerning a possible
194	194	19 plea agreement, and shall consider the written statement,
195	195	20 if prepared prior to entering into a plea agreement. The
196	196	21 right to consult with the prosecutor does not include the
197	197	22 right to veto a plea agreement or to insist the case go to
198	198	23 trial. If the State's Attorney has not consulted with the
199	199	24 victim prior to making an offer or entering into plea
200	200	25 negotiations with the defendant, the Office of the State's
201	201	26 Attorney shall notify the victim of the offer or the
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212	212	1 negotiations within 2 business days and confer with the
213	213	2 victim;
214	214	3 (16) shall provide notice of the ultimate disposition
215	215	4 of the cases arising from an indictment or an information,
216	216	5 or a petition to have a juvenile adjudicated as a
217	217	6 delinquent for a violent crime;
218	218	7 (17) shall provide notice of any appeal taken by the
219	219	8 defendant and information on how to contact the
220	220	9 appropriate agency handling the appeal, and how to request
221	221	10 notice of any hearing, oral argument, or decision of an
222	222	11 appellate court;
223	223	12 (18) shall provide timely notice of any request for
224	224	13 post-conviction review filed by the defendant under
225	225	14 Article 122 of the Code of Criminal Procedure of 1963, and
226	226	15 of the date, time and place of any hearing concerning the
227	227	16 petition. Whenever possible, notice of the hearing shall
228	228	17 be given within 48 hours of the court's scheduling of the
229	229	18 hearing;
230	230	19 (19) shall forward a copy of any statement presented
231	231	20 under Section 6 to the Prisoner Review Board or Department
232	232	21 of Juvenile Justice to be considered in making a
233	233	22 determination under Section 3-2.5-85 or subsection (b) of
234	234	23 Section 3-3-8 of the Unified Code of Corrections;
235	235	24 (20) shall, within a reasonable time, offer to meet
236	236	25 with the crime victim regarding the decision of the
237	237	26 State's Attorney not to charge an offense, and shall meet
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248	248	1 with the victim, if the victim agrees. The victim has a
249	249	2 right to have an attorney, advocate, and other support
250	250	3 person of the victim's choice attend this meeting with the
251	251	4 victim; and
252	252	5 (21) shall give the crime victim timely notice of any
253	253	6 decision not to pursue charges and consider the safety of
254	254	7 the victim when deciding how to give such notice.
255	255	8 (c) The court shall ensure that the rights of the victim
256	256	9 are afforded.
257	257	10 (c-5) The following procedures shall be followed to afford
258	258	11 victims the rights guaranteed by Article I, Section 8.1 of the
259	259	12 Illinois Constitution:
260	260	13 (1) Written notice. A victim may complete a written
261	261	14 notice of intent to assert rights on a form prepared by the
262	262	15 Office of the Attorney General and provided to the victim
263	263	16 by the State's Attorney. The victim may at any time
264	264	17 provide a revised written notice to the State's Attorney.
265	265	18 The State's Attorney shall file the written notice with
266	266	19 the court. At the beginning of any court proceeding in
267	267	20 which the right of a victim may be at issue, the court and
268	268	21 prosecutor shall review the written notice to determine
269	269	22 whether the victim has asserted the right that may be at
270	270	23 issue.
271	271	24 (2) Victim's retained attorney. A victim's attorney
272	272	25 shall file an entry of appearance limited to assertion of
273	273	26 the victim's rights. Upon the filing of the entry of
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284	284	1 appearance and service on the State's Attorney and the
285	285	2 defendant, the attorney is to receive copies of all
286	286	3 notices, motions and court orders filed thereafter in the
287	287	4 case.
288	288	5 (3) Standing. The victim has standing to assert the
289	289	6 rights enumerated in subsection (a) of Article I, Section
290	290	7 8.1 of the Illinois Constitution and the statutory rights
291	291	8 under Section 4 of this Act in any court exercising
292	292	9 jurisdiction over the criminal case. The prosecuting
293	293	10 attorney, a victim, or the victim's retained attorney may
294	294	11 assert the victim's rights. The defendant in the criminal
295	295	12 case has no standing to assert a right of the victim in any
296	296	13 court proceeding, including on appeal.
297	297	14 (4) Assertion of and enforcement of rights.
298	298	15 (A) The prosecuting attorney shall assert a
299	299	16 victim's right or request enforcement of a right by
300	300	17 filing a motion or by orally asserting the right or
301	301	18 requesting enforcement in open court in the criminal
302	302	19 case outside the presence of the jury. The prosecuting
303	303	20 attorney shall consult with the victim and the
304	304	21 victim's attorney regarding the assertion or
305	305	22 enforcement of a right. If the prosecuting attorney
306	306	23 decides not to assert or enforce a victim's right, the
307	307	24 prosecuting attorney shall notify the victim or the
308	308	25 victim's attorney in sufficient time to allow the
309	309	26 victim or the victim's attorney to assert the right or
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320	320	1 to seek enforcement of a right.
321	321	2 (B) If the prosecuting attorney elects not to
322	322	3 assert a victim's right or to seek enforcement of a
323	323	4 right, the victim or the victim's attorney may assert
324	324	5 the victim's right or request enforcement of a right
325	325	6 by filing a motion or by orally asserting the right or
326	326	7 requesting enforcement in open court in the criminal
327	327	8 case outside the presence of the jury.
328	328	9 (C) If the prosecuting attorney asserts a victim's
329	329	10 right or seeks enforcement of a right, unless the
330	330	11 prosecuting attorney objects or the trial court does
331	331	12 not allow it, the victim or the victim's attorney may
332	332	13 be heard regarding the prosecuting attorney's motion
333	333	14 or may file a simultaneous motion to assert or request
334	334	15 enforcement of the victim's right. If the victim or
335	335	16 the victim's attorney was not allowed to be heard at
336	336	17 the hearing regarding the prosecuting attorney's
337	337	18 motion, and the court denies the prosecuting
338	338	19 attorney's assertion of the right or denies the
339	339	20 request for enforcement of a right, the victim or
340	340	21 victim's attorney may file a motion to assert the
341	341	22 victim's right or to request enforcement of the right
342	342	23 within 10 days of the court's ruling. The motion need
343	343	24 not demonstrate the grounds for a motion for
344	344	25 reconsideration. The court shall rule on the merits of
345	345	26 the motion.
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356	356	1 (D) The court shall take up and decide any motion
357	357	2 or request asserting or seeking enforcement of a
358	358	3 victim's right without delay, unless a specific time
359	359	4 period is specified by law or court rule. The reasons
360	360	5 for any decision denying the motion or request shall
361	361	6 be clearly stated on the record.
362	362	7 (E) No later than January 1, 2023, the Office of
363	363	8 the Attorney General shall:
364	364	9 (i) designate an administrative authority
365	365	10 within the Office of the Attorney General to
366	366	11 receive and investigate complaints relating to the
367	367	12 provision or violation of the rights of a crime
368	368	13 victim as described in Article I, Section 8.1 of
369	369	14 the Illinois Constitution and in this Act;
370	370	15 (ii) create and administer a course of
371	371	16 training for employees and offices of the State of
372	372	17 Illinois that fail to comply with provisions of
373	373	18 Illinois law pertaining to the treatment of crime
374	374	19 victims as described in Article I, Section 8.1 of
375	375	20 the Illinois Constitution and in this Act as
376	376	21 required by the court under Section 5 of this Act;
377	377	22 and
378	378	23 (iii) have the authority to make
379	379	24 recommendations to employees and offices of the
380	380	25 State of Illinois to respond more effectively to
381	381	26 the needs of crime victims, including regarding
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392	392	1 the violation of the rights of a crime victim.
393	393	2 (F) Crime victims' rights may also be asserted by
394	394	3 filing a complaint for mandamus, injunctive, or
395	395	4 declaratory relief in the jurisdiction in which the
396	396	5 victim's right is being violated or where the crime is
397	397	6 being prosecuted. For complaints or motions filed by
398	398	7 or on behalf of the victim, the clerk of court shall
399	399	8 waive filing fees that would otherwise be owed by the
400	400	9 victim for any court filing with the purpose of
401	401	10 enforcing crime victims' rights. If the court denies
402	402	11 the relief sought by the victim, the reasons for the
403	403	12 denial shall be clearly stated on the record in the
404	404	13 transcript of the proceedings, in a written opinion,
405	405	14 or in the docket entry, and the victim may appeal the
406	406	15 circuit court's decision to the appellate court. The
407	407	16 court shall issue prompt rulings regarding victims'
408	408	17 rights. Proceedings seeking to enforce victims' rights
409	409	18 shall not be stayed or subject to unreasonable delay
410	410	19 via continuances.
411	411	20 (5) Violation of rights and remedies.
412	412	21 (A) If the court determines that a victim's right
413	413	22 has been violated, the court shall determine the
414	414	23 appropriate remedy for the violation of the victim's
415	415	24 right by hearing from the victim and the parties,
416	416	25 considering all factors relevant to the issue, and
417	417	26 then awarding appropriate relief to the victim.
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428	428	1 (A-5) Consideration of an issue of a substantive
429	429	2 nature or an issue that implicates the constitutional
430	430	3 or statutory right of a victim at a court proceeding
431	431	4 labeled as a status hearing shall constitute a per se
432	432	5 violation of a victim's right.
433	433	6 (B) The appropriate remedy shall include only
434	434	7 actions necessary to provide the victim the right to
435	435	8 which the victim was entitled. Remedies may include,
436	436	9 but are not limited to: injunctive relief requiring
437	437	10 the victim's right to be afforded; declaratory
438	438	11 judgment recognizing or clarifying the victim's
439	439	12 rights; a writ of mandamus; and may include reopening
440	440	13 previously held proceedings; however, in no event
441	441	14 shall the court vacate a conviction. Any remedy shall
442	442	15 be tailored to provide the victim an appropriate
443	443	16 remedy without violating any constitutional right of
444	444	17 the defendant. In no event shall the appropriate
445	445	18 remedy to the victim be a new trial or damages.
446	446	19 The court shall impose a mandatory training course
447	447	20 provided by the Attorney General for the employee under
448	448	21 item (ii) of subparagraph (E) of paragraph (4), which must
449	449	22 be successfully completed within 6 months of the entry of
450	450	23 the court order.
451	451	24 This paragraph (5) takes effect January 2, 2023.
452	452	25 (6) Right to be heard. Whenever a victim has the right
453	453	26 to be heard, the court shall allow the victim to exercise
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464	464	1 the right in any reasonable manner the victim chooses.
465	465	2 (7) Right to attend trial. A party must file a written
466	466	3 motion to exclude a victim from trial at least 60 days
467	467	4 prior to the date set for trial. The motion must state with
468	468	5 specificity the reason exclusion is necessary to protect a
469	469	6 constitutional right of the party, and must contain an
470	470	7 offer of proof. The court shall rule on the motion within
471	471	8 30 days. If the motion is granted, the court shall set
472	472	9 forth on the record the facts that support its finding
473	473	10 that the victim's testimony will be materially affected if
474	474	11 the victim hears other testimony at trial.
475	475	12 (8) Right to have advocate and support person present
476	476	13 at court proceedings.
477	477	14 (A) A party who intends to call an advocate as a
478	478	15 witness at trial must seek permission of the court
479	479	16 before the subpoena is issued. The party must file a
480	480	17 written motion at least 90 days before trial that sets
481	481	18 forth specifically the issues on which the advocate's
482	482	19 testimony is sought and an offer of proof regarding
483	483	20 (i) the content of the anticipated testimony of the
484	484	21 advocate; and (ii) the relevance, admissibility, and
485	485	22 materiality of the anticipated testimony. The court
486	486	23 shall consider the motion and make findings within 30
487	487	24 days of the filing of the motion. If the court finds by
488	488	25 a preponderance of the evidence that: (i) the
489	489	26 anticipated testimony is not protected by an absolute
490	490
491	491
492	492
493	493
494	494
495	495	SB1217 - 13 - LRB104 03910 RLC 13934 b
496	496
497	497
498	498	SB1217- 14 -LRB104 03910 RLC 13934 b SB1217 - 14 - LRB104 03910 RLC 13934 b
499	499	SB1217 - 14 - LRB104 03910 RLC 13934 b
500	500	1 privilege; and (ii) the anticipated testimony contains
501	501	2 relevant, admissible, and material evidence that is
502	502	3 not available through other witnesses or evidence, the
503	503	4 court shall issue a subpoena requiring the advocate to
504	504	5 appear to testify at an in camera hearing. The
505	505	6 prosecuting attorney and the victim shall have 15 days
506	506	7 to seek appellate review before the advocate is
507	507	8 required to testify at an ex parte in camera
508	508	9 proceeding.
509	509	10 The prosecuting attorney, the victim, and the
510	510	11 advocate's attorney shall be allowed to be present at
511	511	12 the ex parte in camera proceeding. If, after
512	512	13 conducting the ex parte in camera hearing, the court
513	513	14 determines that due process requires any testimony
514	514	15 regarding confidential or privileged information or
515	515	16 communications, the court shall provide to the
516	516	17 prosecuting attorney, the victim, and the advocate's
517	517	18 attorney a written memorandum on the substance of the
518	518	19 advocate's testimony. The prosecuting attorney, the
519	519	20 victim, and the advocate's attorney shall have 15 days
520	520	21 to seek appellate review before a subpoena may be
521	521	22 issued for the advocate to testify at trial. The
522	522	23 presence of the prosecuting attorney at the ex parte
523	523	24 in camera proceeding does not make the substance of
524	524	25 the advocate's testimony that the court has ruled
525	525	26 inadmissible subject to discovery.
526	526
527	527
528	528
529	529
530	530
531	531	SB1217 - 14 - LRB104 03910 RLC 13934 b
532	532
533	533
534	534	SB1217- 15 -LRB104 03910 RLC 13934 b SB1217 - 15 - LRB104 03910 RLC 13934 b
535	535	SB1217 - 15 - LRB104 03910 RLC 13934 b
536	536	1 (B) If a victim has asserted the right to have a
537	537	2 support person present at the court proceedings, the
538	538	3 victim shall provide the name of the person the victim
539	539	4 has chosen to be the victim's support person to the
540	540	5 prosecuting attorney, within 60 days of trial. The
541	541	6 prosecuting attorney shall provide the name to the
542	542	7 defendant. If the defendant intends to call the
543	543	8 support person as a witness at trial, the defendant
544	544	9 must seek permission of the court before a subpoena is
545	545	10 issued. The defendant must file a written motion at
546	546	11 least 45 days prior to trial that sets forth
547	547	12 specifically the issues on which the support person
548	548	13 will testify and an offer of proof regarding: (i) the
549	549	14 content of the anticipated testimony of the support
550	550	15 person; and (ii) the relevance, admissibility, and
551	551	16 materiality of the anticipated testimony.
552	552	17 If the prosecuting attorney intends to call the
553	553	18 support person as a witness during the State's
554	554	19 case-in-chief, the prosecuting attorney shall inform
555	555	20 the court of this intent in the response to the
556	556	21 defendant's written motion. The victim may choose a
557	557	22 different person to be the victim's support person.
558	558	23 The court may allow the defendant to inquire about
559	559	24 matters outside the scope of the direct examination
560	560	25 during cross-examination. If the court allows the
561	561	26 defendant to do so, the support person shall be
562	562
563	563
564	564
565	565
566	566
567	567	SB1217 - 15 - LRB104 03910 RLC 13934 b
568	568
569	569
570	570	SB1217- 16 -LRB104 03910 RLC 13934 b SB1217 - 16 - LRB104 03910 RLC 13934 b
571	571	SB1217 - 16 - LRB104 03910 RLC 13934 b
572	572	1 allowed to remain in the courtroom after the support
573	573	2 person has testified. A defendant who fails to
574	574	3 question the support person about matters outside the
575	575	4 scope of direct examination during the State's
576	576	5 case-in-chief waives the right to challenge the
577	577	6 presence of the support person on appeal. The court
578	578	7 shall allow the support person to testify if called as
579	579	8 a witness in the defendant's case-in-chief or the
580	580	9 State's rebuttal.
581	581	10 If the court does not allow the defendant to
582	582	11 inquire about matters outside the scope of the direct
583	583	12 examination, the support person shall be allowed to
584	584	13 remain in the courtroom after the support person has
585	585	14 been called by the defendant or the defendant has
586	586	15 rested. The court shall allow the support person to
587	587	16 testify in the State's rebuttal.
588	588	17 If the prosecuting attorney does not intend to
589	589	18 call the support person in the State's case-in-chief,
590	590	19 the court shall verify with the support person whether
591	591	20 the support person, if called as a witness, would
592	592	21 testify as set forth in the offer of proof. If the
593	593	22 court finds that the support person would testify as
594	594	23 set forth in the offer of proof, the court shall rule
595	595	24 on the relevance, materiality, and admissibility of
596	596	25 the anticipated testimony. If the court rules the
597	597	26 anticipated testimony is admissible, the court shall
598	598
599	599
600	600
601	601
602	602
603	603	SB1217 - 16 - LRB104 03910 RLC 13934 b
604	604
605	605
606	606	SB1217- 17 -LRB104 03910 RLC 13934 b SB1217 - 17 - LRB104 03910 RLC 13934 b
607	607	SB1217 - 17 - LRB104 03910 RLC 13934 b
608	608	1 issue the subpoena. The support person may remain in
609	609	2 the courtroom after the support person testifies and
610	610	3 shall be allowed to testify in rebuttal.
611	611	4 If the court excludes the victim's support person
612	612	5 during the State's case-in-chief, the victim shall be
613	613	6 allowed to choose another support person to be present
614	614	7 in court.
615	615	8 If the victim fails to designate a support person
616	616	9 within 60 days of trial and the defendant has
617	617	10 subpoenaed the support person to testify at trial, the
618	618	11 court may exclude the support person from the trial
619	619	12 until the support person testifies. If the court
620	620	13 excludes the support person the victim may choose
621	621	14 another person as a support person.
622	622	15 (9) Right to notice and hearing before disclosure of
623	623	16 confidential or privileged information or records.
624	624	17 (A) A defendant who seeks to subpoena testimony or
625	625	18 records of or concerning the victim that are
626	626	19 confidential or privileged by law must seek permission
627	627	20 of the court before the subpoena is issued. The
628	628	21 defendant must file a written motion and an offer of
629	629	22 proof regarding the relevance, admissibility and
630	630	23 materiality of the testimony or records. If the court
631	631	24 finds by a preponderance of the evidence that:
632	632	25 (i) the testimony or records are not protected
633	633	26 by an absolute privilege and
634	634
635	635
636	636
637	637
638	638
639	639	SB1217 - 17 - LRB104 03910 RLC 13934 b
640	640
641	641
642	642	SB1217- 18 -LRB104 03910 RLC 13934 b SB1217 - 18 - LRB104 03910 RLC 13934 b
643	643	SB1217 - 18 - LRB104 03910 RLC 13934 b
644	644	1 (ii) the testimony or records contain
645	645	2 relevant, admissible, and material evidence that
646	646	3 is not available through other witnesses or
647	647	4 evidence, the court shall issue a subpoena
648	648	5 requiring the witness to appear in camera or a
649	649	6 sealed copy of the records be delivered to the
650	650	7 court to be reviewed in camera. If, after
651	651	8 conducting an in camera review of the witness
652	652	9 statement or records, the court determines that
653	653	10 due process requires disclosure of any potential
654	654	11 testimony or any portion of the records, the court
655	655	12 shall provide copies of the records that it
656	656	13 intends to disclose to the prosecuting attorney
657	657	14 and the victim. The prosecuting attorney and the
658	658	15 victim shall have 30 days to seek appellate review
659	659	16 before the records are disclosed to the defendant,
660	660	17 used in any court proceeding, or disclosed to
661	661	18 anyone or in any way that would subject the
662	662	19 testimony or records to public review. The
663	663	20 disclosure of copies of any portion of the
664	664	21 testimony or records to the prosecuting attorney
665	665	22 under this Section does not make the records
666	666	23 subject to discovery or required to be provided to
667	667	24 the defendant.
668	668	25 (B) A prosecuting attorney who seeks to subpoena
669	669	26 information or records concerning the victim that are
670	670
671	671
672	672
673	673
674	674
675	675	SB1217 - 18 - LRB104 03910 RLC 13934 b
676	676
677	677
678	678	SB1217- 19 -LRB104 03910 RLC 13934 b SB1217 - 19 - LRB104 03910 RLC 13934 b
679	679	SB1217 - 19 - LRB104 03910 RLC 13934 b
680	680	1 confidential or privileged by law must first request
681	681	2 the written consent of the crime victim. If the victim
682	682	3 does not provide such written consent, including where
683	683	4 necessary the appropriate signed document required for
684	684	5 waiving privilege, the prosecuting attorney must serve
685	685	6 the subpoena at least 21 days prior to the date a
686	686	7 response or appearance is required to allow the
687	687	8 subject of the subpoena time to file a motion to quash
688	688	9 or request a hearing. The prosecuting attorney must
689	689	10 also send a written notice to the victim at least 21
690	690	11 days prior to the response date to allow the victim to
691	691	12 file a motion or request a hearing. The notice to the
692	692	13 victim shall inform the victim (i) that a subpoena has
693	693	14 been issued for confidential information or records
694	694	15 concerning the victim, (ii) that the victim has the
695	695	16 right to request a hearing prior to the response date
696	696	17 of the subpoena, and (iii) how to request the hearing.
697	697	18 The notice to the victim shall also include a copy of
698	698	19 the subpoena. If requested, a hearing regarding the
699	699	20 subpoena shall occur before information or records are
700	700	21 provided to the prosecuting attorney.
701	701	22 (10) Right to notice of court proceedings. If the
702	702	23 victim is not present at a court proceeding in which a
703	703	24 right of the victim is at issue, the court shall ask the
704	704	25 prosecuting attorney whether the victim was notified of
705	705	26 the time, place, and purpose of the court proceeding and
706	706
707	707
708	708
709	709
710	710
711	711	SB1217 - 19 - LRB104 03910 RLC 13934 b
712	712
713	713
714	714	SB1217- 20 -LRB104 03910 RLC 13934 b SB1217 - 20 - LRB104 03910 RLC 13934 b
715	715	SB1217 - 20 - LRB104 03910 RLC 13934 b
716	716	1 that the victim had a right to be heard at the court
717	717	2 proceeding. If the court determines that timely notice was
718	718	3 not given or that the victim was not adequately informed
719	719	4 of the nature of the court proceeding, the court shall not
720	720	5 rule on any substantive issues, accept a plea, or impose a
721	721	6 sentence and shall continue the hearing for the time
722	722	7 necessary to notify the victim of the time, place and
723	723	8 nature of the court proceeding. The time between court
724	724	9 proceedings shall not be attributable to the State under
725	725	10 Section 103-5 of the Code of Criminal Procedure of 1963.
726	726	11 (11) Right to timely disposition of the case. A victim
727	727	12 has the right to timely disposition of the case so as to
728	728	13 minimize the stress, cost, and inconvenience resulting
729	729	14 from the victim's involvement in the case. Before ruling
730	730	15 on a motion to continue trial or other court proceeding,
731	731	16 the court shall inquire into the circumstances for the
732	732	17 request for the delay and, if the victim has provided
733	733	18 written notice of the assertion of the right to a timely
734	734	19 disposition, and whether the victim objects to the delay.
735	735	20 If the victim objects, the prosecutor shall inform the
736	736	21 court of the victim's objections. If the prosecutor has
737	737	22 not conferred with the victim about the continuance, the
738	738	23 prosecutor shall inform the court of the attempts to
739	739	24 confer. If the court finds the attempts of the prosecutor
740	740	25 to confer with the victim were inadequate to protect the
741	741	26 victim's right to be heard, the court shall give the
742	742
743	743
744	744
745	745
746	746
747	747	SB1217 - 20 - LRB104 03910 RLC 13934 b
748	748
749	749
750	750	SB1217- 21 -LRB104 03910 RLC 13934 b SB1217 - 21 - LRB104 03910 RLC 13934 b
751	751	SB1217 - 21 - LRB104 03910 RLC 13934 b
752	752	1 prosecutor at least 3 but not more than 5 business days to
753	753	2 confer with the victim. In ruling on a motion to continue,
754	754	3 the court shall consider the reasons for the requested
755	755	4 continuance, the number and length of continuances that
756	756	5 have been granted, the victim's objections and procedures
757	757	6 to avoid further delays. If a continuance is granted over
758	758	7 the victim's objection, the court shall specify on the
759	759	8 record the reasons for the continuance and the procedures
760	760	9 that have been or will be taken to avoid further delays.
761	761	10 (12) Right to Restitution.
762	762	11 (A) If the victim has asserted the right to
763	763	12 restitution and the amount of restitution is known at
764	764	13 the time of sentencing, the court shall enter the
765	765	14 judgment of restitution at the time of sentencing.
766	766	15 (B) If the victim has asserted the right to
767	767	16 restitution and the amount of restitution is not known
768	768	17 at the time of sentencing, the prosecutor shall,
769	769	18 within 5 days after sentencing, notify the victim what
770	770	19 information and documentation related to restitution
771	771	20 is needed and that the information and documentation
772	772	21 must be provided to the prosecutor within 45 days
773	773	22 after sentencing. Failure to timely provide
774	774	23 information and documentation related to restitution
775	775	24 shall be deemed a waiver of the right to restitution.
776	776	25 The prosecutor shall file and serve within 60 days
777	777	26 after sentencing a proposed judgment for restitution
778	778
779	779
780	780
781	781
782	782
783	783	SB1217 - 21 - LRB104 03910 RLC 13934 b
784	784
785	785
786	786	SB1217- 22 -LRB104 03910 RLC 13934 b SB1217 - 22 - LRB104 03910 RLC 13934 b
787	787	SB1217 - 22 - LRB104 03910 RLC 13934 b
788	788	1 and a notice that includes information concerning the
789	789	2 identity of any victims or other persons seeking
790	790	3 restitution, whether any victim or other person
791	791	4 expressly declines restitution, the nature and amount
792	792	5 of any damages together with any supporting
793	793	6 documentation, a restitution amount recommendation,
794	794	7 and the names of any co-defendants and their case
795	795	8 numbers. Within 30 days after receipt of the proposed
796	796	9 judgment for restitution, the defendant shall file any
797	797	10 objection to the proposed judgment, a statement of
798	798	11 grounds for the objection, and a financial statement.
799	799	12 If the defendant does not file an objection, the court
800	800	13 may enter the judgment for restitution without further
801	801	14 proceedings. If the defendant files an objection and
802	802	15 either party requests a hearing, the court shall
803	803	16 schedule a hearing.
804	804	17 (13) Access to presentence reports.
805	805	18 (A) The victim may request a copy of the
806	806	19 presentence report prepared under the Unified Code of
807	807	20 Corrections from the State's Attorney. The State's
808	808	21 Attorney shall redact the following information before
809	809	22 providing a copy of the report:
810	810	23 (i) the defendant's mental history and
811	811	24 condition;
812	812	25 (ii) any evaluation prepared under subsection
813	813	26 (b) or (b-5) of Section 5-3-2; and
814	814
815	815
816	816
817	817
818	818
819	819	SB1217 - 22 - LRB104 03910 RLC 13934 b
820	820
821	821
822	822	SB1217- 23 -LRB104 03910 RLC 13934 b SB1217 - 23 - LRB104 03910 RLC 13934 b
823	823	SB1217 - 23 - LRB104 03910 RLC 13934 b
824	824	1 (iii) the name, address, phone number, and
825	825	2 other personal information about any other victim.
826	826	3 (B) The State's Attorney or the defendant may
827	827	4 request the court redact other information in the
828	828	5 report that may endanger the safety of any person.
829	829	6 (C) The State's Attorney may orally disclose to
830	830	7 the victim any of the information that has been
831	831	8 redacted if there is a reasonable likelihood that the
832	832	9 information will be stated in court at the sentencing.
833	833	10 (D) The State's Attorney must advise the victim
834	834	11 that the victim must maintain the confidentiality of
835	835	12 the report and other information. Any dissemination of
836	836	13 the report or information that was not stated at a
837	837	14 court proceeding constitutes indirect criminal
838	838	15 contempt of court.
839	839	16 (14) Appellate relief. If the trial court denies the
840	840	17 relief requested, the victim, the victim's attorney, or
841	841	18 the prosecuting attorney may file an appeal within 30 days
842	842	19 of the trial court's ruling. The trial or appellate court
843	843	20 may stay the court proceedings if the court finds that a
844	844	21 stay would not violate a constitutional right of the
845	845	22 defendant. If the appellate court denies the relief
846	846	23 sought, the reasons for the denial shall be clearly stated
847	847	24 in a written opinion. In any appeal in a criminal case, the
848	848	25 State may assert as error the court's denial of any crime
849	849	26 victim's right in the proceeding to which the appeal
850	850
851	851
852	852
853	853
854	854
855	855	SB1217 - 23 - LRB104 03910 RLC 13934 b
856	856
857	857
858	858	SB1217- 24 -LRB104 03910 RLC 13934 b SB1217 - 24 - LRB104 03910 RLC 13934 b
859	859	SB1217 - 24 - LRB104 03910 RLC 13934 b
860	860	1 relates.
861	861	2 (15) Limitation on appellate relief. In no case shall
862	862	3 an appellate court provide a new trial to remedy the
863	863	4 violation of a victim's right.
864	864	5 (16) The right to be reasonably protected from the
865	865	6 accused throughout the criminal justice process and the
866	866	7 right to have the safety of the victim and the victim's
867	867	8 family considered in determining whether to release the
868	868	9 defendant, and setting conditions of release after arrest
869	869	10 and conviction. A victim of domestic violence, a sexual
870	870	11 offense, or stalking may request the entry of a protective
871	871	12 order under Article 112A of the Code of Criminal Procedure
872	872	13 of 1963.
873	873	14 (d) Procedures after the imposition of sentence.
874	874	15 (1) The Prisoner Review Board shall inform a victim or
875	875	16 any other concerned citizen, upon written request, of the
876	876	17 prisoner's release on parole, mandatory supervised
877	877	18 release, electronic detention, work release, international
878	878	19 transfer or exchange, or by the custodian, other than the
879	879	20 Department of Juvenile Justice, of the discharge of any
880	880	21 individual who was adjudicated a delinquent for a crime
881	881	22 from State custody and by the sheriff of the appropriate
882	882	23 county of any such person's final discharge from county
883	883	24 custody. The Prisoner Review Board, upon written request,
884	884	25 shall provide to a victim or any other concerned citizen a
885	885	26 recent photograph of any person convicted of a felony,
886	886
887	887
888	888
889	889
890	890
891	891	SB1217 - 24 - LRB104 03910 RLC 13934 b
892	892
893	893
894	894	SB1217- 25 -LRB104 03910 RLC 13934 b SB1217 - 25 - LRB104 03910 RLC 13934 b
895	895	SB1217 - 25 - LRB104 03910 RLC 13934 b
896	896	1 upon his or her release from custody. The Prisoner Review
897	897	2 Board, upon written request, shall inform a victim or any
898	898	3 other concerned citizen when feasible at least 7 days
899	899	4 prior to the prisoner's release on furlough of the times
900	900	5 and dates of such furlough. Upon written request by the
901	901	6 victim or any other concerned citizen, the State's
902	902	7 Attorney shall notify the person once of the times and
903	903	8 dates of release of a prisoner sentenced to periodic
904	904	9 imprisonment. Notification shall be based on the most
905	905	10 recent information as to the victim's or other concerned
906	906	11 citizen's residence or other location available to the
907	907	12 notifying authority.
908	908	13 (1.5) The Prisoner Review Board shall immediately
909	909	14 inform a victim of the early release of the prisoner from
910	910	15 State custody or of the prisoner's pardon, commutation,
911	911	16 furlough, or granting of sentence credit, if the victim
912	912	17 has previously requested notification of that information.
913	913	18 The notification shall be based upon the most recent
914	914	19 information as to the victim's residence or other location
915	915	20 available to the Board. When no such information is
916	916	21 available, the Board shall make all reasonable efforts to
917	917	22 obtain the information and make the notification. This
918	918	23 notification requirement is in addition to any
919	919	24 notification requirements pursuant to any other statewide
920	920	25 victim notification systems. The Board must document
921	921	26 notification efforts if that victim alleges lack of
922	922
923	923
924	924
925	925
926	926
927	927	SB1217 - 25 - LRB104 03910 RLC 13934 b
928	928
929	929
930	930	SB1217- 26 -LRB104 03910 RLC 13934 b SB1217 - 26 - LRB104 03910 RLC 13934 b
931	931	SB1217 - 26 - LRB104 03910 RLC 13934 b
932	932	1 notification under this paragraph (1.5).
933	933	2 (2) When the defendant has been committed to the
934	934	3 Department of Human Services pursuant to Section 5-2-4 of
935	935	4 the Unified Code of Corrections or transferred to the
936	936	5 Department of Human Services under Section 3-8-5 and has
937	937	6 not been returned to the Department of Corrections under
938	938	7 Section 3-8-6 or any other provision of the Unified Code
939	939	8 of Corrections, the victim may request to be notified by
940	940	9 the releasing authority of the approval by the court of an
941	941	10 on-grounds pass, a supervised off-grounds pass, an
942	942	11 unsupervised off-grounds pass, or conditional release; the
943	943	12 release on an off-grounds pass; the return from an
944	944	13 off-grounds pass; transfer to another facility;
945	945	14 conditional release; escape; death; or final discharge
946	946	15 from State custody. The Department of Human Services shall
947	947	16 establish and maintain a statewide telephone number to be
948	948	17 used by victims to make notification requests under these
949	949	18 provisions and shall publicize this telephone number on
950	950	19 its website and to the State's Attorney of each county.
951	951	20 (2.5) When the defendant has been found guilty but
952	952	21 mentally ill pursuant to Section 5-2-6 of the Unified Code
953	953	22 of Corrections and is granted early release, pardon,
954	954	23 commutation, or furlough, the Prisoner Review Board
955	955	24 immediately shall notify the victim, if the victim has
956	956	25 previously requested notification of that information. The
957	957	26 notification shall be based upon the most recent
958	958
959	959
960	960
961	961
962	962
963	963	SB1217 - 26 - LRB104 03910 RLC 13934 b
964	964
965	965
966	966	SB1217- 27 -LRB104 03910 RLC 13934 b SB1217 - 27 - LRB104 03910 RLC 13934 b
967	967	SB1217 - 27 - LRB104 03910 RLC 13934 b
968	968	1 information as to the victim's residence or other location
969	969	2 available to the Board. When no such information is
970	970	3 available, the Board shall make all reasonable efforts to
971	971	4 obtain the information and make the notification. This
972	972	5 notification requirement is in addition to any
973	973	6 notification requirements pursuant to any other statewide
974	974	7 victim notification systems. The Board must document
975	975	8 notification efforts if the victim alleges lack of
976	976	9 notification under this paragraph (2.5).
977	977	10 (3) In the event of an escape from State custody, the
978	978	11 Department of Corrections or the Department of Juvenile
979	979	12 Justice immediately shall notify the Prisoner Review Board
980	980	13 of the escape and the Prisoner Review Board shall notify
981	981	14 the victim. The notification shall be based upon the most
982	982	15 recent information as to the victim's residence or other
983	983	16 location available to the Board. When no such information
984	984	17 is available, the Board shall make all reasonable efforts
985	985	18 to obtain the information and make the notification. When
986	986	19 the escapee is apprehended, the Department of Corrections
987	987	20 or the Department of Juvenile Justice immediately shall
988	988	21 notify the Prisoner Review Board and the Board shall
989	989	22 notify the victim. This notification requirement is in
990	990	23 addition to any notification requirements pursuant to any
991	991	24 other statewide victim notification systems. The Board
992	992	25 must document notification efforts if that victim alleges
993	993	26 lack of notification under this paragraph (3).
994	994
995	995
996	996
997	997
998	998
999	999	SB1217 - 27 - LRB104 03910 RLC 13934 b
1000	1000
1001	1001
1002	1002	SB1217- 28 -LRB104 03910 RLC 13934 b SB1217 - 28 - LRB104 03910 RLC 13934 b
1003	1003	SB1217 - 28 - LRB104 03910 RLC 13934 b
1004	1004	1 (4) The victim of the crime for which the prisoner has
1005	1005	2 been sentenced has the right to register with the Prisoner
1006	1006	3 Review Board's victim registry. Victims registered with
1007	1007	4 the Board shall receive reasonable written notice not less
1008	1008	5 than 30 days prior to the parole hearing or target
1009	1009	6 aftercare release date. The victim has the right to submit
1010	1010	7 a victim statement for consideration by the Prisoner
1011	1011	8 Review Board or the Department of Juvenile Justice in
1012	1012	9 writing, on film, videotape, or other electronic means, or
1013	1013	10 in the form of a recording prior to the parole hearing or
1014	1014	11 target aftercare release date, or in person at the parole
1015	1015	12 hearing or aftercare release protest hearing, or by
1016	1016	13 calling the toll-free number established in subsection (f)
1017	1017	14 of this Section. The victim shall be notified within 7
1018	1018	15 days after the prisoner has been granted parole or
1019	1019	16 aftercare release and shall be informed of the right to
1020	1020	17 inspect the registry of parole decisions, established
1021	1021	18 under subsection (g) of Section 3-3-5 of the Unified Code
1022	1022	19 of Corrections. The provisions of this paragraph (4) are
1023	1023	20 subject to the Open Parole Hearings Act. Victim statements
1024	1024	21 provided to the Board shall be confidential and
1025	1025	22 privileged, including any statements received prior to
1026	1026	23 January 1, 2020 (the effective date of Public Act
1027	1027	24 101-288), except if the statement was an oral statement
1028	1028	25 made by the victim at a hearing open to the public.
1029	1029	26 (4-1) The crime victim has the right to submit a
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035	SB1217 - 28 - LRB104 03910 RLC 13934 b
1036	1036
1037	1037
1038	1038	SB1217- 29 -LRB104 03910 RLC 13934 b SB1217 - 29 - LRB104 03910 RLC 13934 b
1039	1039	SB1217 - 29 - LRB104 03910 RLC 13934 b
1040	1040	1 victim statement for consideration by the Prisoner Review
1041	1041	2 Board or the Department of Juvenile Justice prior to or at
1042	1042	3 a hearing to determine the conditions of mandatory
1043	1043	4 supervised release of a person sentenced to a determinate
1044	1044	5 sentence or at a hearing on revocation of mandatory
1045	1045	6 supervised release of a person sentenced to a determinate
1046	1046	7 sentence. A victim statement may be submitted in writing,
1047	1047	8 on film, videotape, or other electronic means, or in the
1048	1048	9 form of a recording, or orally at a hearing, or by calling
1049	1049	10 the toll-free number established in subsection (f) of this
1050	1050	11 Section. Victim statements provided to the Board shall be
1051	1051	12 confidential and privileged, including any statements
1052	1052	13 received prior to January 1, 2020 (the effective date of
1053	1053	14 Public Act 101-288), except if the statement was an oral
1054	1054	15 statement made by the victim at a hearing open to the
1055	1055	16 public.
1056	1056	17 (4-2) The crime victim has the right to submit a
1057	1057	18 victim statement to the Prisoner Review Board for
1058	1058	19 consideration at an executive clemency hearing as provided
1059	1059	20 in Section 3-3-13 of the Unified Code of Corrections. A
1060	1060	21 victim statement may be submitted in writing, on film,
1061	1061	22 videotape, or other electronic means, or in the form of a
1062	1062	23 recording prior to a hearing, or orally at a hearing, or by
1063	1063	24 calling the toll-free number established in subsection (f)
1064	1064	25 of this Section. Victim statements provided to the Board
1065	1065	26 shall be confidential and privileged, including any
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071	SB1217 - 29 - LRB104 03910 RLC 13934 b
1072	1072
1073	1073
1074	1074	SB1217- 30 -LRB104 03910 RLC 13934 b SB1217 - 30 - LRB104 03910 RLC 13934 b
1075	1075	SB1217 - 30 - LRB104 03910 RLC 13934 b
1076	1076	1 statements received prior to January 1, 2020 (the
1077	1077	2 effective date of Public Act 101-288), except if the
1078	1078	3 statement was an oral statement made by the victim at a
1079	1079	4 hearing open to the public.
1080	1080	5 (5) If a statement is presented under Section 6, the
1081	1081	6 Prisoner Review Board or Department of Juvenile Justice
1082	1082	7 shall inform the victim of any order of discharge pursuant
1083	1083	8 to Section 3-2.5-85 or 3-3-8 of the Unified Code of
1084	1084	9 Corrections.
1085	1085	10 (6) At the written or oral request of the victim of the
1086	1086	11 crime for which the prisoner was sentenced or the State's
1087	1087	12 Attorney of the county where the person seeking parole or
1088	1088	13 aftercare release was prosecuted, the Prisoner Review
1089	1089	14 Board or Department of Juvenile Justice shall notify the
1090	1090	15 victim and the State's Attorney of the county where the
1091	1091	16 person seeking parole or aftercare release was prosecuted
1092	1092	17 of the death of the prisoner if the prisoner died while on
1093	1093	18 parole or aftercare release or mandatory supervised
1094	1094	19 release.
1095	1095	20 (7) When a defendant who has been committed to the
1096	1096	21 Department of Corrections, the Department of Juvenile
1097	1097	22 Justice, or the Department of Human Services is released
1098	1098	23 or discharged and subsequently committed to the Department
1099	1099	24 of Human Services as a sexually violent person and the
1100	1100	25 victim had requested to be notified by the releasing
1101	1101	26 authority of the defendant's discharge, conditional
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
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1108	1108
1109	1109
1110	1110	SB1217- 31 -LRB104 03910 RLC 13934 b SB1217 - 31 - LRB104 03910 RLC 13934 b
1111	1111	SB1217 - 31 - LRB104 03910 RLC 13934 b
1112	1112	1 release, death, or escape from State custody, the
1113	1113	2 releasing authority shall provide to the Department of
1114	1114	3 Human Services such information that would allow the
1115	1115	4 Department of Human Services to contact the victim.
1116	1116	5 (8) When a defendant has been convicted of a sex
1117	1117	6 offense as defined in Section 2 of the Sex Offender
1118	1118	7 Registration Act and has been sentenced to the Department
1119	1119	8 of Corrections or the Department of Juvenile Justice, the
1120	1120	9 Prisoner Review Board or the Department of Juvenile
1121	1121	10 Justice shall notify the victim of the sex offense of the
1122	1122	11 prisoner's eligibility for release on parole, aftercare
1123	1123	12 release, mandatory supervised release, electronic
1124	1124	13 detention, work release, international transfer or
1125	1125	14 exchange, or by the custodian of the discharge of any
1126	1126	15 individual who was adjudicated a delinquent for a sex
1127	1127	16 offense from State custody and by the sheriff of the
1128	1128	17 appropriate county of any such person's final discharge
1129	1129	18 from county custody. The notification shall be made to the
1130	1130	19 victim at least 30 days, whenever possible, before release
1131	1131	20 of the sex offender.
1132	1132	21 (e) The officials named in this Section may satisfy some
1133	1133	22 or all of their obligations to provide notices and other
1134	1134	23 information through participation in a statewide victim and
1135	1135	24 witness notification system established by the Attorney
1136	1136	25 General under Section 8.5 of this Act.
1137	1137	26 (f) The Prisoner Review Board shall establish a toll-free
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142
1143	1143	SB1217 - 31 - LRB104 03910 RLC 13934 b
1144	1144
1145	1145
1146	1146	SB1217- 32 -LRB104 03910 RLC 13934 b SB1217 - 32 - LRB104 03910 RLC 13934 b
1147	1147	SB1217 - 32 - LRB104 03910 RLC 13934 b
1148	1148
1149	1149
1150	1150
1151	1151
1152	1152
1153	1153	SB1217 - 32 - LRB104 03910 RLC 13934 b