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Illinois General Assembly· SB 19Governor Approved

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SB0019 Enrolled                     LRB104 08032 JDS 18078 b

1   AN ACT concerning criminal law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 3. The Illinois Pension Code is amended by

5 changing Section 18-127 as follows:

6   (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)

7   Sec. 18-127. Retirement annuity - suspension on

8 reemployment.

9   (a) A participant receiving a retirement annuity who is

10 regularly employed for compensation by an employer other than

11 a county, in any capacity, shall have his or her retirement

12 annuity payments suspended during such employment. Upon

13 termination of such employment, retirement annuity payments at

14 the previous rate shall be resumed.

15  If such a participant resumes service as a judge, he or she

16 shall receive credit for any additional service. Upon

17 subsequent retirement, his or her retirement annuity shall be

18 the amount previously granted, plus the amount earned by the

19 additional judicial service under the provisions in effect

20 during the period of such additional service. However, if the

21 participant was receiving the maximum rate of annuity at the

22 time of re-employment, he or she may elect, in a written

23 direction filed with the board, not to receive any additional
    SB0019 Enrolled          -2-  LRB104 08032 JDS 18078 b

1 service credit during the period of re-employment. In such

2 case, contributions shall not be required during the period of

3 re-employment. Any such election shall be irrevocable.

4   (b) Beginning January 1, 1991, any participant receiving a

5 retirement annuity who accepts temporary employment from an

6 employer other than a county for a period not exceeding 75

7 working days in any calendar year shall not be deemed to be

8 regularly employed for compensation or to have resumed service

9 as a judge for the purposes of this Article. A day shall be

10 considered a working day if the annuitant performs on it any of

11 his duties under the temporary employment agreement.

12  (c) Except as provided in subsection (a), beginning

13 January 1, 1993, retirement annuities shall not be subject to

14 suspension upon resumption of employment for an employer, and

15 any retirement annuity that is then so suspended shall be

16 reinstated on that date.

17  (d) The changes made in this Section by this amendatory

18 Act of 1993 shall apply to judges no longer in service on its

19 effective date, as well as to judges serving on or after that

20 date.

21  (e) A participant receiving a retirement annuity under

22 this Article who serves as a part-time employee in any of the

23 following positions: Legislative Inspector General, Special

24 Legislative Inspector General, employee of the Office of the

25 Legislative Inspector General, Executive Director of the

26 Legislative Ethics Commission, or staff of the Legislative
    SB0019 Enrolled  -3-  LRB104 08032 JDS 18078 b

1 Ethics Commission, or as a full-time member of the Prisoner

2 Review Board, but has not elected to participate in the

3 Article 14 System with respect to that service, shall not be

4 deemed to be regularly employed for compensation by an

5 employer other than a county, nor to have resumed service as a

6 judge, on the basis of that service, and the retirement

7 annuity payments and other benefits of that person under this

8 Code shall not be suspended, diminished, or otherwise impaired

9 solely as a consequence of that service. This subsection (e)

10 applies without regard to whether the person is in service as a

11 judge under this Article on or after the effective date of this

12 amendatory Act of the 93rd General Assembly. In this

13 subsection, a "part-time employee" is a person who is not

14 required to work at least 35 hours per week.

15  (f) A participant receiving a retirement annuity under

16 this Article who has made an election under Section 1-123 and

17 who is serving either as legal counsel in the Office of the

18 Governor or as Chief Deputy Attorney General shall not be

19 deemed to be regularly employed for compensation by an

20 employer other than a county, nor to have resumed service as a

21 judge, on the basis of that service, and the retirement

22 annuity payments and other benefits of that person under this

23 Code shall not be suspended, diminished, or otherwise impaired

24 solely as a consequence of that service. This subsection (f)

25 applies without regard to whether the person is in service as a

26 judge under this Article on or after the effective date of this
    SB0019 Enrolled     -4-  LRB104 08032 JDS 18078 b

1 amendatory Act of the 93rd General Assembly.

2   (g) Notwithstanding any other provision of this Article,

3 if a person who first becomes a participant under this System

4 on or after January 1, 2011 (the effective date of this

5 amendatory Act of the 96th General Assembly) is receiving a

6 retirement annuity under this Article and becomes a member or

7 participant under this Article or any other Article of this

8 Code and is employed on a full-time basis, then the person's

9 retirement annuity under this System shall be suspended during

10 that employment. Upon termination of that employment, the

11 person's retirement annuity shall resume and, if appropriate,

12 be recalculated under the applicable provisions of this

13 Article.

14 (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)

15  Section 5. The Rights of Crime Victims and Witnesses Act

16 is amended by changing Sections 4.5, 5, and 8.5 as follows:

17  (725 ILCS 120/4.5)

18  Sec. 4.5. Procedures to implement the rights of crime

19 victims. To afford crime victims their rights, law

20 enforcement, prosecutors, judges, and corrections will provide

21 information, as appropriate, of the following procedures:

22  (a) At the request of the crime victim, law enforcement

23 authorities investigating the case shall provide notice of the

24 status of the investigation, except where the State's Attorney
    SB0019 Enrolled  -5-  LRB104 08032 JDS 18078 b

1 determines that disclosure of such information would

2 unreasonably interfere with the investigation, until such time

3 as the alleged assailant is apprehended or the investigation

4 is closed.

5   (a-5) When law enforcement authorities reopen a closed

6 case to resume investigating, they shall provide notice of the

7 reopening of the case, except where the State's Attorney

8 determines that disclosure of such information would

9 unreasonably interfere with the investigation.

10  (a-6) The Prisoner Review Board shall publish on its

11 official public website and provide to registered victims

12 information regarding how to submit a victim impact statement.

13 The Prisoner Review Board shall consider victim impact

14 statements from any registered victims. Any registered victim,

15 including a person who has had a final, plenary,

16 non-emergency, or emergency protective order granted against

17 the petitioner or parole candidate under Article 112A of the

18 Code of Criminal Procedure of 1963, the Illinois Domestic

19 Violence Act of 1986, the Stalking No Contact Order Act, or the

20 Civil No Contact Order Act, may present victim statements that

21 the Prisoner Review Board shall consider in its deliberations.

22  (b) The office of the State's Attorney:

23  (1) shall provide notice of the filing of an

24  information, the return of an indictment, or the filing of

25  a petition to adjudicate a minor as a delinquent for a

26  violent crime;
    SB0019 Enrolled  -6-  LRB104 08032 JDS 18078 b

1   (2) shall provide timely notice of the date, time, and

2   place of court proceedings; of any change in the date,

3   time, and place of court proceedings; and of any

4   cancellation of court proceedings. Notice shall be

5   provided in sufficient time, wherever possible, for the

6   victim to make arrangements to attend or to prevent an

7   unnecessary appearance at court proceedings;

8   (3) or victim advocate personnel shall provide

9   information of social services and financial assistance

10  available for victims of crime, including information of

11  how to apply for these services and assistance;

12  (3.5) or victim advocate personnel shall provide

13  information about available victim services, including

14  referrals to programs, counselors, and agencies that

15  assist a victim to deal with trauma, loss, and grief;

16  (4) shall assist in having any stolen or other

17  personal property held by law enforcement authorities for

18  evidentiary or other purposes returned as expeditiously as

19  possible, pursuant to the procedures set out in Section

20  115-9 of the Code of Criminal Procedure of 1963;

21  (5) or victim advocate personnel shall provide

22  appropriate employer intercession services to ensure that

23  employers of victims will cooperate with the criminal

24  justice system in order to minimize an employee's loss of

25  pay and other benefits resulting from court appearances;

26  (6) shall provide, whenever possible, a secure waiting
    SB0019 Enrolled  -7-       LRB104 08032 JDS 18078 b

1   area during court proceedings that does not require

2   victims to be in close proximity to defendants or

3   juveniles accused of a violent crime, and their families

4   and friends;

5   (7) shall provide notice to the crime victim of the

6   right to have a translator present at all court

7   proceedings and, in compliance with the federal Americans

8   with Disabilities Act of 1990, the right to communications

9   access through a sign language interpreter or by other

10  means;

11  (8) (blank);

12  (8.5) shall inform the victim of the right to be

13  present at all court proceedings, unless the victim is to

14  testify and the court determines that the victim's

15  testimony would be materially affected if the victim hears

16  other testimony at trial;

17  (9) shall inform the victim of the right to have

18  present at all court proceedings, subject to the rules of

19  evidence and confidentiality, an advocate and other

20  support person of the victim's choice;

21  (9.3) shall inform the victim of the right to retain

22  an attorney, at the victim's own expense, who, upon

23  written notice filed with the clerk of the court and

24  State's Attorney, is to receive copies of all notices,

25  motions, and court orders filed thereafter in the case, in

26  the same manner as if the victim were a named party in the
    SB0019 Enrolled  -8-  LRB104 08032 JDS 18078 b

1   case;

2   (9.5) shall inform the victim of (A) the victim's

3   right under Section 6 of this Act to make a statement at

4   the sentencing hearing; (B) the right of the victim's

5   spouse, guardian, parent, grandparent, and other immediate

6   family and household members under Section 6 of this Act

7   to present a statement at sentencing; and (C) if a

8   presentence report is to be prepared, the right of the

9   victim's spouse, guardian, parent, grandparent, and other

10  immediate family and household members to submit

11  information to the preparer of the presentence report

12  about the effect the offense has had on the victim and the

13  person;

14  (10) at the sentencing shall make a good faith attempt

15  to explain the minimum amount of time during which the

16  defendant may actually be physically imprisoned. The

17  Office of the State's Attorney shall further notify the

18  crime victim of the right to request from the Prisoner

19  Review Board or Department of Juvenile Justice information

20  concerning the release of the defendant;

21  (11) shall request restitution at sentencing and as

22  part of a plea agreement if the victim requests

23  restitution;

24  (12) shall, upon the court entering a verdict of not

25  guilty by reason of insanity, inform the victim of the

26  notification services available from the Department of
    SB0019 Enrolled     -9-  LRB104 08032 JDS 18078 b

1   Human Services, including the statewide telephone number,

2   under subparagraph (d)(2) of this Section;

3   (13) shall provide notice within a reasonable time

4   after receipt of notice from the custodian, of the release

5   of the defendant on pretrial release or personal

6   recognizance or the release from detention of a minor who

7   has been detained;

8   (14) shall explain in nontechnical language the

9   details of any plea or verdict of a defendant, or any

10  adjudication of a juvenile as a delinquent;

11  (15) shall make all reasonable efforts to consult with

12  the crime victim before the Office of the State's Attorney

13  makes an offer of a plea bargain to the defendant or enters

14  into negotiations with the defendant concerning a possible

15  plea agreement, and shall consider the written statement,

16  if prepared prior to entering into a plea agreement. The

17  right to consult with the prosecutor does not include the

18  right to veto a plea agreement or to insist the case go to

19  trial. If the State's Attorney has not consulted with the

20  victim prior to making an offer or entering into plea

21  negotiations with the defendant, the Office of the State's

22  Attorney shall notify the victim of the offer or the

23  negotiations within 2 business days and confer with the

24  victim;

25  (16) shall provide notice of the ultimate disposition

26  of the cases arising from an indictment or an information,
    SB0019 Enrolled   - 10 - LRB104 08032 JDS 18078 b

1   or a petition to have a juvenile adjudicated as a

2   delinquent for a violent crime;

3   (17) shall provide notice of any appeal taken by the

4   defendant and information on how to contact the

5   appropriate agency handling the appeal, and how to request

6   notice of any hearing, oral argument, or decision of an

7   appellate court;

8   (18) shall provide timely notice of any request for

9   post-conviction review filed by the defendant under

10  Article 122 of the Code of Criminal Procedure of 1963, and

11  of the date, time and place of any hearing concerning the

12  petition. Whenever possible, notice of the hearing shall

13  be given within 48 hours of the court's scheduling of the

14  hearing;

15  (19) shall forward a copy of any statement presented

16  under Section 6 to the Prisoner Review Board or Department

17  of Juvenile Justice to be considered in making a

18  determination under Section 3-2.5-85 or subsection (b) of

19  Section 3-3-8 of the Unified Code of Corrections;

20  (20) shall, within a reasonable time, offer to meet

21  with the crime victim regarding the decision of the

22  State's Attorney not to charge an offense, and shall meet

23  with the victim, if the victim agrees. The victim has a

24  right to have an attorney, advocate, and other support

25  person of the victim's choice attend this meeting with the

26  victim; and
    SB0019 Enrolled       - 11 - LRB104 08032 JDS 18078 b

1   (21) shall give the crime victim timely notice of any

2   decision not to pursue charges and consider the safety of

3   the victim when deciding how to give such notice.

4   (c) The court shall ensure that the rights of the victim

5 are afforded.

6   (c-5) The following procedures shall be followed to afford

7 victims the rights guaranteed by Article I, Section 8.1 of the

8 Illinois Constitution:

9   (1) Written notice. A victim may complete a written

10  notice of intent to assert rights on a form prepared by the

11  Office of the Attorney General and provided to the victim

12  by the State's Attorney. The victim may at any time

13  provide a revised written notice to the State's Attorney.

14  The State's Attorney shall file the written notice with

15  the court. At the beginning of any court proceeding in

16  which the right of a victim may be at issue, the court and

17  prosecutor shall review the written notice to determine

18  whether the victim has asserted the right that may be at

19  issue.

20  (2) Victim's retained attorney. A victim's attorney

21  shall file an entry of appearance limited to assertion of

22  the victim's rights. Upon the filing of the entry of

23  appearance and service on the State's Attorney and the

24  defendant, the attorney is to receive copies of all

25  notices, motions and court orders filed thereafter in the

26  case.
    SB0019 Enrolled  - 12 - LRB104 08032 JDS 18078 b

1   (3) Standing. The victim has standing to assert the

2   rights enumerated in subsection (a) of Article I, Section

3   8.1 of the Illinois Constitution and the statutory rights

4   under Section 4 of this Act in any court exercising

5   jurisdiction over the criminal case. The prosecuting

6   attorney, a victim, or the victim's retained attorney may

7   assert the victim's rights. The defendant in the criminal

8   case has no standing to assert a right of the victim in any

9   court proceeding, including on appeal.

10  (4) Assertion of and enforcement of rights.

11  (A) The prosecuting attorney shall assert a

12  victim's right or request enforcement of a right by

13  filing a motion or by orally asserting the right or

14  requesting enforcement in open court in the criminal

15  case outside the presence of the jury. The prosecuting

16  attorney shall consult with the victim and the

17  victim's attorney regarding the assertion or

18  enforcement of a right. If the prosecuting attorney

19  decides not to assert or enforce a victim's right, the

20  prosecuting attorney shall notify the victim or the

21  victim's attorney in sufficient time to allow the

22  victim or the victim's attorney to assert the right or

23  to seek enforcement of a right.

24  (B) If the prosecuting attorney elects not to

25  assert a victim's right or to seek enforcement of a

26  right, the victim or the victim's attorney may assert
    SB0019 Enrolled  - 13 - LRB104 08032 JDS 18078 b

1   the victim's right or request enforcement of a right

2   by filing a motion or by orally asserting the right or

3   requesting enforcement in open court in the criminal

4   case outside the presence of the jury.

5   (C) If the prosecuting attorney asserts a victim's

6   right or seeks enforcement of a right, unless the

7   prosecuting attorney objects or the trial court does

8   not allow it, the victim or the victim's attorney may

9   be heard regarding the prosecuting attorney's motion

10  or may file a simultaneous motion to assert or request

11  enforcement of the victim's right. If the victim or

12  the victim's attorney was not allowed to be heard at

13  the hearing regarding the prosecuting attorney's

14  motion, and the court denies the prosecuting

15  attorney's assertion of the right or denies the

16  request for enforcement of a right, the victim or

17  victim's attorney may file a motion to assert the

18  victim's right or to request enforcement of the right

19  within 10 days of the court's ruling. The motion need

20  not demonstrate the grounds for a motion for

21  reconsideration. The court shall rule on the merits of

22  the motion.

23  (D) The court shall take up and decide any motion

24  or request asserting or seeking enforcement of a

25  victim's right without delay, unless a specific time

26  period is specified by law or court rule. The reasons
    SB0019 Enrolled  - 14 - LRB104 08032 JDS 18078 b

1   for any decision denying the motion or request shall

2   be clearly stated on the record.

3   (E) No later than January 1, 2023, the Office of

4   the Attorney General shall:

5                    (i) designate an administrative authority

6   within the Office of the Attorney General to

7   receive and investigate complaints relating to the

8   provision or violation of the rights of a crime

9   victim as described in Article I, Section 8.1 of

10  the Illinois Constitution and in this Act;

11                   (ii) create and administer a course of

12  training for employees and offices of the State of

13  Illinois that fail to comply with provisions of

14  Illinois law pertaining to the treatment of crime

15  victims as described in Article I, Section 8.1 of

16  the Illinois Constitution and in this Act as

17  required by the court under Section 5 of this Act;

18  and

19                   (iii) have the authority to make

20  recommendations to employees and offices of the

21  State of Illinois to respond more effectively to

22  the needs of crime victims, including regarding

23  the violation of the rights of a crime victim.

24  (F) Crime victims' rights may also be asserted by

25  filing a complaint for mandamus, injunctive, or

26  declaratory relief in the jurisdiction in which the
    SB0019 Enrolled    - 15 - LRB104 08032 JDS 18078 b

1   victim's right is being violated or where the crime is

2   being prosecuted. For complaints or motions filed by

3   or on behalf of the victim, the clerk of court shall

4   waive filing fees that would otherwise be owed by the

5   victim for any court filing with the purpose of

6   enforcing crime victims' rights. If the court denies

7   the relief sought by the victim, the reasons for the

8   denial shall be clearly stated on the record in the

9   transcript of the proceedings, in a written opinion,

10  or in the docket entry, and the victim may appeal the

11  circuit court's decision to the appellate court. The

12  court shall issue prompt rulings regarding victims'

13  rights. Proceedings seeking to enforce victims' rights

14  shall not be stayed or subject to unreasonable delay

15  via continuances.

16  (5) Violation of rights and remedies.

17  (A) If the court determines that a victim's right

18  has been violated, the court shall determine the

19  appropriate remedy for the violation of the victim's

20  right by hearing from the victim and the parties,

21  considering all factors relevant to the issue, and

22  then awarding appropriate relief to the victim.

23  (A-5) Consideration of an issue of a substantive

24  nature or an issue that implicates the constitutional

25  or statutory right of a victim at a court proceeding

26  labeled as a status hearing shall constitute a per se
    SB0019 Enrolled   - 16 - LRB104 08032 JDS 18078 b

1   violation of a victim's right.

2   (B) The appropriate remedy shall include only

3   actions necessary to provide the victim the right to

4   which the victim was entitled. Remedies may include,

5   but are not limited to: injunctive relief requiring

6   the victim's right to be afforded; declaratory

7   judgment recognizing or clarifying the victim's

8   rights; a writ of mandamus; and may include reopening

9   previously held proceedings; however, in no event

10  shall the court vacate a conviction. Any remedy shall

11  be tailored to provide the victim an appropriate

12  remedy without violating any constitutional right of

13  the defendant. In no event shall the appropriate

14  remedy to the victim be a new trial or damages.

15  The court shall impose a mandatory training course

16  provided by the Attorney General for the employee under

17  item (ii) of subparagraph (E) of paragraph (4), which must

18  be successfully completed within 6 months of the entry of

19  the court order.

20  This paragraph (5) takes effect January 2, 2023.

21  (6) Right to be heard. Whenever a victim has the right

22  to be heard, the court shall allow the victim to exercise

23  the right in any reasonable manner the victim chooses.

24  (7) Right to attend trial. A party must file a written

25  motion to exclude a victim from trial at least 60 days

26  prior to the date set for trial. The motion must state with
    SB0019 Enrolled        - 17 - LRB104 08032 JDS 18078 b

1   specificity the reason exclusion is necessary to protect a

2   constitutional right of the party, and must contain an

3   offer of proof. The court shall rule on the motion within

4   30 days. If the motion is granted, the court shall set

5   forth on the record the facts that support its finding

6   that the victim's testimony will be materially affected if

7   the victim hears other testimony at trial.

8   (8) Right to have advocate and support person present

9   at court proceedings.

10  (A) A party who intends to call an advocate as a

11  witness at trial must seek permission of the court

12  before the subpoena is issued. The party must file a

13  written motion at least 90 days before trial that sets

14  forth specifically the issues on which the advocate's

15  testimony is sought and an offer of proof regarding

16  (i) the content of the anticipated testimony of the

17  advocate; and (ii) the relevance, admissibility, and

18  materiality of the anticipated testimony. The court

19  shall consider the motion and make findings within 30

20  days of the filing of the motion. If the court finds by

21  a preponderance of the evidence that: (i) the

22  anticipated testimony is not protected by an absolute

23  privilege; and (ii) the anticipated testimony contains

24  relevant, admissible, and material evidence that is

25  not available through other witnesses or evidence, the

26  court shall issue a subpoena requiring the advocate to
    SB0019 Enrolled  - 18 - LRB104 08032 JDS 18078 b

1   appear to testify at an in camera hearing. The

2   prosecuting attorney and the victim shall have 15 days

3   to seek appellate review before the advocate is

4   required to testify at an ex parte in camera

5   proceeding.

6   The prosecuting attorney, the victim, and the

7   advocate's attorney shall be allowed to be present at

8   the ex parte in camera proceeding. If, after

9   conducting the ex parte in camera hearing, the court

10  determines that due process requires any testimony

11  regarding confidential or privileged information or

12  communications, the court shall provide to the

13  prosecuting attorney, the victim, and the advocate's

14  attorney a written memorandum on the substance of the

15  advocate's testimony. The prosecuting attorney, the

16  victim, and the advocate's attorney shall have 15 days

17  to seek appellate review before a subpoena may be

18  issued for the advocate to testify at trial. The

19  presence of the prosecuting attorney at the ex parte

20  in camera proceeding does not make the substance of

21  the advocate's testimony that the court has ruled

22  inadmissible subject to discovery.

23  (B) If a victim has asserted the right to have a

24  support person present at the court proceedings, the

25  victim shall provide the name of the person the victim

26  has chosen to be the victim's support person to the
    SB0019 Enrolled  - 19 - LRB104 08032 JDS 18078 b

1   prosecuting attorney, within 60 days of trial. The

2   prosecuting attorney shall provide the name to the

3   defendant. If the defendant intends to call the

4   support person as a witness at trial, the defendant

5   must seek permission of the court before a subpoena is

6   issued. The defendant must file a written motion at

7   least 45 days prior to trial that sets forth

8   specifically the issues on which the support person

9   will testify and an offer of proof regarding: (i) the

10  content of the anticipated testimony of the support

11  person; and (ii) the relevance, admissibility, and

12  materiality of the anticipated testimony.

13  If the prosecuting attorney intends to call the

14  support person as a witness during the State's

15  case-in-chief, the prosecuting attorney shall inform

16  the court of this intent in the response to the

17  defendant's written motion. The victim may choose a

18  different person to be the victim's support person.

19  The court may allow the defendant to inquire about

20  matters outside the scope of the direct examination

21  during cross-examination. If the court allows the

22  defendant to do so, the support person shall be

23  allowed to remain in the courtroom after the support

24  person has testified. A defendant who fails to

25  question the support person about matters outside the

26  scope of direct examination during the State's
    SB0019 Enrolled    - 20 - LRB104 08032 JDS 18078 b

1   case-in-chief waives the right to challenge the

2   presence of the support person on appeal. The court

3   shall allow the support person to testify if called as

4   a witness in the defendant's case-in-chief or the

5   State's rebuttal.

6   If the court does not allow the defendant to

7   inquire about matters outside the scope of the direct

8   examination, the support person shall be allowed to

9   remain in the courtroom after the support person has

10  been called by the defendant or the defendant has

11  rested. The court shall allow the support person to

12  testify in the State's rebuttal.

13  If the prosecuting attorney does not intend to

14  call the support person in the State's case-in-chief,

15  the court shall verify with the support person whether

16  the support person, if called as a witness, would

17  testify as set forth in the offer of proof. If the

18  court finds that the support person would testify as

19  set forth in the offer of proof, the court shall rule

20  on the relevance, materiality, and admissibility of

21  the 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
    SB0019 Enrolled  - 21 - LRB104 08032 JDS 18078 b

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 as a support person.

11  (9) Right to notice and hearing before disclosure of

12  confidential or privileged information or records.

13  (A) A defendant who seeks to subpoena testimony or

14  records of or concerning the victim that are

15  confidential or privileged by law must seek permission

16  of the court before the subpoena is issued. The

17  defendant must file a written motion and an offer of

18  proof regarding the relevance, admissibility and

19  materiality of the testimony or records. If the court

20  finds by a preponderance of the evidence that:

21                   (i) the testimony or records are not protected

22  by an absolute privilege and

23                   (ii) the testimony or records contain

24  relevant, admissible, and material evidence that

25  is not available through other witnesses or

26  evidence, the court shall issue a subpoena
    SB0019 Enrolled  - 22 - LRB104 08032 JDS 18078 b

1   requiring the witness to appear in camera or a

2   sealed copy of the records be delivered to the

3   court to be reviewed in camera. If, after

4   conducting an in camera review of the witness

5   statement or records, the court determines that

6   due process requires disclosure of any potential

7   testimony or any portion of the records, the court

8   shall provide copies of the records that it

9   intends to disclose to the prosecuting attorney

10  and the victim. The prosecuting attorney and the

11  victim shall have 30 days to seek appellate review

12  before the records are disclosed to the defendant,

13  used in any court proceeding, or disclosed to

14  anyone or in any way that would subject the

15  testimony or records to public review. The

16  disclosure of copies of any portion of the

17  testimony or records to the prosecuting attorney

18  under this Section does not make the records

19  subject to discovery or required to be provided to

20  the defendant.

21  (B) A prosecuting attorney who seeks to subpoena

22  information or records concerning the victim that are

23  confidential or privileged by law must first request

24  the written consent of the crime victim. If the victim

25  does not provide such written consent, including where

26  necessary the appropriate signed document required for
    SB0019 Enrolled  - 23 - LRB104 08032 JDS 18078 b

1   waiving privilege, the prosecuting attorney must serve

2   the subpoena at least 21 days prior to the date a

3   response or appearance is required to allow the

4   subject of the subpoena time to file a motion to quash

5   or request a hearing. The prosecuting attorney must

6   also send a written notice to the victim at least 21

7   days prior to the response date to allow the victim to

8   file a motion or request a hearing. The notice to the

9   victim shall inform the victim (i) that a subpoena has

10  been issued for confidential information or records

11  concerning the victim, (ii) that the victim has the

12  right to request a hearing prior to the response date

13  of the subpoena, and (iii) how to request the hearing.

14  The notice to the victim shall also include a copy of

15  the subpoena. If requested, a hearing regarding the

16  subpoena shall occur before information or records are

17  provided to the prosecuting attorney.

18  (10) Right to notice of court proceedings. If the

19  victim is not present at a court proceeding in which a

20  right of the victim is at issue, the court shall ask the

21  prosecuting attorney whether the victim was notified of

22  the time, place, and purpose of the court proceeding and

23  that the victim had a right to be heard at the court

24  proceeding. If the court determines that timely notice was

25  not given or that the victim was not adequately informed

26  of the nature of the court proceeding, the court shall not
    SB0019 Enrolled  - 24 - LRB104 08032 JDS 18078 b

1   rule on any substantive issues, accept a plea, or impose a

2   sentence and shall continue the hearing for the time

3   necessary to notify the victim of the time, place and

4   nature of the court proceeding. The time between court

5   proceedings shall not be attributable to the State under

6   Section 103-5 of the Code of Criminal Procedure of 1963.

7   (11) Right to timely disposition of the case. A victim

8   has the right to timely disposition of the case so as to

9   minimize the stress, cost, and inconvenience resulting

10  from the victim's involvement in the case. Before ruling

11  on a motion to continue trial or other court proceeding,

12  the court shall inquire into the circumstances for the

13  request for the delay and, if the victim has provided

14  written notice of the assertion of the right to a timely

15  disposition, and whether the victim objects to the delay.

16  If the victim objects, the prosecutor shall inform the

17  court of the victim's objections. If the prosecutor has

18  not conferred with the victim about the continuance, the

19  prosecutor shall inform the court of the attempts to

20  confer. If the court finds the attempts of the prosecutor

21  to confer with the victim were inadequate to protect the

22  victim's right to be heard, the court shall give the

23  prosecutor at least 3 but not more than 5 business days to

24  confer with the victim. In ruling on a motion to continue,

25  the court shall consider the reasons for the requested

26  continuance, the number and length of continuances that
    SB0019 Enrolled  - 25 - LRB104 08032 JDS 18078 b

1   have been granted, the victim's objections and procedures

2   to avoid further delays. If a continuance is granted over

3   the victim's objection, the court shall specify on the

4   record the reasons for the continuance and the procedures

5   that have been or will be taken to avoid further delays.

6   (12) Right to Restitution.

7   (A) If the victim has asserted the right to

8   restitution and the amount of restitution is known at

9   the time of sentencing, the court shall enter the

10  judgment of restitution at the time of sentencing.

11  (B) If the victim has asserted the right to

12  restitution and the amount of restitution is not known

13  at the time of sentencing, the prosecutor shall,

14  within 5 days after sentencing, notify the victim what

15  information and documentation related to restitution

16  is needed and that the information and documentation

17  must be provided to the prosecutor within 45 days

18  after sentencing. Failure to timely provide

19  information and documentation related to restitution

20  shall be deemed a waiver of the right to restitution.

21  The prosecutor shall file and serve within 60 days

22  after sentencing a proposed judgment for restitution

23  and a notice that includes information concerning the

24  identity of any victims or other persons seeking

25  restitution, whether any victim or other person

26  expressly declines restitution, the nature and amount
    SB0019 Enrolled      - 26 - LRB104 08032 JDS 18078 b

1   of any damages together with any supporting

2   documentation, a restitution amount recommendation,

3   and the names of any co-defendants and their case

4   numbers. Within 30 days after receipt of the proposed

5   judgment for restitution, the defendant shall file any

6   objection to the proposed judgment, a statement of

7   grounds for the objection, and a financial statement.

8   If the defendant does not file an objection, the court

9   may enter the judgment for restitution without further

10  proceedings. If the defendant files an objection and

11  either party requests a hearing, the court shall

12  schedule a hearing.

13  (13) Access to presentence reports.

14  (A) The victim may request a copy of the

15  presentence report prepared under the Unified Code of

16  Corrections from the State's Attorney. The State's

17  Attorney shall redact the following information before

18  providing a copy of the report:

19                   (i) the defendant's mental history and

20  condition;

21                   (ii) any evaluation prepared under subsection

22  (b) or (b-5) of Section 5-3-2; and

23                   (iii) the name, address, phone number, and

24  other personal information about any other victim.

25  (B) The State's Attorney or the defendant may

26  request the court redact other information in the
    SB0019 Enrolled     - 27 - LRB104 08032 JDS 18078 b

1   report that may endanger the safety of any person.

2   (C) The State's Attorney may orally disclose to

3   the victim any of the information that has been

4   redacted if there is a reasonable likelihood that the

5   information will be stated in court at the sentencing.

6   (D) The State's Attorney must advise the victim

7   that the victim must maintain the confidentiality of

8   the report and other information. Any dissemination of

9   the report or information that was not stated at a

10  court proceeding constitutes indirect criminal

11  contempt of court.

12  (14) Appellate relief. If the trial court denies the

13  relief requested, the victim, the victim's attorney, or

14  the prosecuting attorney may file an appeal within 30 days

15  of the trial court's ruling. The trial or appellate court

16  may stay the court proceedings if the court finds that a

17  stay would not violate a constitutional right of the

18  defendant. If the appellate court denies the relief

19  sought, the reasons for the denial shall be clearly stated

20  in a written opinion. In any appeal in a criminal case, the

21  State may assert as error the court's denial of any crime

22  victim's right in the proceeding to which the appeal

23  relates.

24  (15) Limitation on appellate relief. In no case shall

25  an appellate court provide a new trial to remedy the

26  violation of a victim's right.
    SB0019 Enrolled  - 28 - LRB104 08032 JDS 18078 b

1   (16) The right to be reasonably protected from the

2   accused throughout the criminal justice process and the

3   right to have the safety of the victim and the victim's

4   family considered in determining whether to release the

5   defendant, and setting conditions of release after arrest

6   and conviction. A victim of domestic violence, a sexual

7   offense, or stalking may request the entry of a protective

8   order under Article 112A of the Code of Criminal Procedure

9   of 1963.

10  (d) Procedures after the imposition of sentence.

11  (1) The Prisoner Review Board shall inform a victim or

12  any other concerned citizen, upon written request, of the

13  prisoner's release on parole, mandatory supervised

14  release, electronic detention, work release, international

15  transfer or exchange, or by the custodian, other than the

16  Department of Juvenile Justice, of the discharge of any

17  individual who was adjudicated a delinquent for a crime

18  from State custody and by the sheriff of the appropriate

19  county of any such person's final discharge from county

20  custody. The Prisoner Review Board, upon written request,

21  shall provide to a victim or any other concerned citizen a

22  recent photograph of any person convicted of a felony,

23  upon his or her release from custody. The Prisoner Review

24  Board, upon written request, shall inform a victim or any

25  other concerned citizen when feasible at least 7 days

26  prior to the prisoner's release on furlough of the times
    SB0019 Enrolled       - 29 - LRB104 08032 JDS 18078 b

1   and dates of such furlough. Upon written request by the

2   victim or any other concerned citizen, the State's

3   Attorney shall notify the person once of the times and

4   dates of release of a prisoner sentenced to periodic

5   imprisonment. Notification shall be based on the most

6   recent information as to the victim's or other concerned

7   citizen's residence or other location available to the

8   notifying authority.

9   (1.5) The Prisoner Review Board shall notify a victim

10  of a prisoner's pardon, commutation of sentence, release

11  on furlough, or early release from State custody, if the

12  victim has previously requested that notification. The

13  notification shall be based upon the most recent

14  information available to the Board as to the victim's

15  residence or other location. The notification requirement

16  under this paragraph (1.5) is in addition to any

17  notification requirements under any other statewide victim

18  notification systems. The Board shall document its efforts

19  to provide the required notification if a victim alleges

20  lack of notification under this paragraph (1.5).

21  (2) When the defendant has been committed to the

22  Department of Human Services pursuant to Section 5-2-4 or

23  any other provision of the Unified Code of Corrections,

24  the victim may request to be notified by the releasing

25  authority of the approval by the court of an on-grounds

26  pass, a supervised off-grounds pass, an unsupervised
    SB0019 Enrolled  - 30 - LRB104 08032 JDS 18078 b

1   off-grounds pass, or conditional release; the release on

2   an off-grounds pass; the return from an off-grounds pass;

3   transfer to another facility; conditional release; escape;

4   death; or final discharge from State custody. The

5   Department of Human Services shall establish and maintain

6   a statewide telephone number to be used by victims to make

7   notification requests under these provisions and shall

8   publicize this telephone number on its website and to the

9   State's Attorney of each county.

10  (3) In the event of an escape from State custody, the

11  Department of Corrections or the Department of Juvenile

12  Justice immediately shall notify the Prisoner Review Board

13  of the escape and the Prisoner Review Board shall notify

14  the victim. The notification shall be based upon the most

15  recent information as to the victim's residence or other

16  location available to the Board. When no such information

17  is available, the Board shall make all reasonable efforts

18  to obtain the information and make the notification. When

19  the escapee is apprehended, the Department of Corrections

20  or the Department of Juvenile Justice immediately shall

21  notify the Prisoner Review Board and the Board shall

22  notify the victim. The notification requirement under this

23  paragraph (3) is in addition to any notification

24  requirements under any other statewide victim notification

25  systems. The Board shall document its efforts to provide

26  the required notification if a victim alleges lack of
    SB0019 Enrolled  - 31 - LRB104 08032 JDS 18078 b

1   notification under this paragraph (3).

2   (4) The victim of the crime for which the prisoner has

3   been sentenced has the right to register with the Prisoner

4   Review Board's victim registry. Victims registered with

5   the Board shall receive reasonable written notice not less

6   than 30 days prior to the parole hearing or target

7   aftercare release date. The victim has the right to submit

8   a victim statement for consideration by the Prisoner

9   Review Board or the Department of Juvenile Justice in

10  writing, on film, videotape, or other electronic means, or

11  in the form of a recording prior to the parole hearing or

12  target aftercare release date, or in person at the parole

13  hearing or aftercare release protest hearing, or by

14  calling the toll-free number established in subsection (f)

15  of this Section. The victim shall be notified within 7

16  days after the prisoner has been granted parole or

17  aftercare release and shall be informed of the right to

18  inspect the registry of parole decisions, established

19  under subsection (g) of Section 3-3-5 of the Unified Code

20  of Corrections. The provisions of this paragraph (4) are

21  subject to the Open Parole Hearings Act. Victim statements

22  provided to the Board shall be confidential and

23  privileged, including any statements received prior to

24  January 1, 2020 (the effective date of Public Act

25  101-288), except if the statement was an oral statement

26  made by the victim at a hearing open to the public.
    SB0019 Enrolled  - 32 - LRB104 08032 JDS 18078 b

1   (4-1) The crime victim, including any person who has

2   had a final, plenary, non-emergency, or emergency

3   protective order granted against the petitioner or parole

4   candidate under Article 112A of the Code of Criminal

5   Procedure of 1963, the Illinois Domestic Violence Act of

6   1986, the Stalking No Contact Order Act, or the Civil No

7   Contact Order Act, has the right to submit a victim

8   statement, in support or opposition, for consideration by

9   the Prisoner Review Board or the Department of Juvenile

10  Justice prior to or at a hearing to determine the

11  conditions of mandatory supervised release of a person

12  sentenced to a determinate sentence or at a hearing on

13  revocation of mandatory supervised release of a person

14  sentenced to a determinate sentence. A victim statement

15  may be submitted in writing, on film, videotape, or other

16  electronic means, or in the form of a recording, or orally

17  at a hearing, or by calling the toll-free number

18  established in subsection (f) of this Section. Victim

19  statements provided to the Board shall be confidential and

20  privileged, including any statements received prior to

21  January 1, 2020 (the effective date of Public Act

22  101-288), except if the statement was an oral statement

23  made by the victim at a hearing open to the public.

24  (4-2) The crime victim, including any person who has

25  had a final, plenary, non-emergency, or emergency

26  protective order granted against the petitioner or parole
    SB0019 Enrolled  - 33 - LRB104 08032 JDS 18078 b

1   candidate under Article 112A of the Code of Criminal

2   Procedure of 1963, the Illinois Domestic Violence Act of

3   1986, the Stalking No Contact Order Act, or the Civil No

4   Contact Order Act, has the right to submit a victim

5   statement, in support or opposition, to the Prisoner

6   Review Board for consideration at an executive clemency

7   hearing as provided in Section 3-3-13 of the Unified Code

8   of Corrections. A victim statement may be submitted in

9   writing, on film, videotape, or other electronic means, or

10  in the form of a recording prior to a hearing, or orally at

11  a hearing, or by calling the toll-free number established

12  in subsection (f) of this Section. Victim statements

13  provided to the Board shall be confidential and

14  privileged, including any statements received prior to

15  January 1, 2020 (the effective date of Public Act

16  101-288), except if the statement was an oral statement

17  made by the victim at a hearing open to the public.

18  (5) If a statement is presented under Section 6, the

19  Prisoner Review Board or Department of Juvenile Justice

20  shall inform the victim of any order of discharge pursuant

21  to Section 3-2.5-85 or 3-3-8 of the Unified Code of

22  Corrections.

23  (6) At the written or oral request of the victim of the

24  crime for which the prisoner was sentenced or the State's

25  Attorney of the county where the person seeking parole or

26  aftercare release was prosecuted, the Prisoner Review
    SB0019 Enrolled  - 34 - LRB104 08032 JDS 18078 b

1   Board or Department of Juvenile Justice shall notify the

2   victim and the State's Attorney of the county where the

3   person seeking parole or aftercare release was prosecuted

4   of the death of the prisoner if the prisoner died while on

5   parole or aftercare release or mandatory supervised

6   release.

7   (7) When a defendant who has been committed to the

8   Department of Corrections, the Department of Juvenile

9   Justice, or the Department of Human Services is released

10  or discharged and subsequently committed to the Department

11  of Human Services as a sexually violent person and the

12  victim had requested to be notified by the releasing

13  authority of the defendant's discharge, conditional

14  release, death, or escape from State custody, the

15  releasing authority shall provide to the Department of

16  Human Services such information that would allow the

17  Department of Human Services to contact the victim.

18  (8) When a defendant has been convicted of a sex

19  offense as defined in Section 2 of the Sex Offender

20  Registration Act and has been sentenced to the Department

21  of Corrections or the Department of Juvenile Justice, the

22  Prisoner Review Board or the Department of Juvenile

23  Justice shall notify the victim of the sex offense of the

24  prisoner's eligibility for release on parole, aftercare

25  release, mandatory supervised release, electronic

26  detention, work release, international transfer or
    SB0019 Enrolled           - 35 - LRB104 08032 JDS 18078 b

1   exchange, or by the custodian of the discharge of any

2   individual who was adjudicated a delinquent for a sex

3   offense from State custody and by the sheriff of the

4   appropriate county of any such person's final discharge

5   from county custody. The notification shall be made to the

6   victim at least 30 days, whenever possible, before release

7   of the sex offender.

8   (e) The officials named in this Section may satisfy some

9 or all of their obligations to provide notices and other

10 information through participation in a statewide victim and

11 witness notification system established by the Attorney

12 General under Section 8.5 of this Act.

13  (f) The Prisoner Review Board shall establish a toll-free

14 number that may be accessed by the crime victim to present a

15 victim statement to the Board in accordance with paragraphs

16 (4), (4-1), and (4-2) of subsection (d). The Prisoner Review

17 Board shall provide registered and identified victims with the

18 contact information for the State victim assistance hotline as

19 part of its process to obtain a victim witness statement and as

20 part of its notification.

21  (g) The Prisoner Review Board shall publish on its

22 official website, and provide to registered victims,

23 procedural information on how to submit victim statements.

24 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;

25 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.

26 8-20-21; 102-813, eff. 5-13-22.)
    SB0019 Enrolled  - 36 - LRB104 08032 JDS 18078 b

1   (725 ILCS 120/5) (from Ch. 38, par. 1405)

2   Sec. 5. Rights of witnesses.

3   (a) Witnesses as defined in subsection (b) of Section 3 of

4 this Act shall have the following rights:

5   (1) to be notified by the Office of the State's

6   Attorney of all court proceedings at which the witness'

7   presence is required in a reasonable amount of time prior

8   to the proceeding, and to be notified of the cancellation

9   of any scheduled court proceeding in sufficient time to

10  prevent an unnecessary appearance in court, where

11  possible;

12  (2) to be provided with appropriate employer

13  intercession services by the Office of the State's

14  Attorney or the victim advocate personnel to ensure that

15  employers of witnesses will cooperate with the criminal

16  justice system in order to minimize an employee's loss of

17  pay and other benefits resulting from court appearances;

18  (3) to be provided, whenever possible, a secure

19  waiting area during court proceedings that does not

20  require witnesses to be in close proximity to defendants

21  and their families and friends;

22  (4) to be provided with notice by the Office of the

23  State's Attorney, where necessary, of the right to have a

24  translator present whenever the witness' presence is

25  required and, in compliance with the federal Americans
    SB0019 Enrolled      - 37 - LRB104 08032 JDS 18078 b

1   with Disabilities Act of 1990, to be provided with notice

2   of the right to communications access through a sign

3   language interpreter or by other means.

4   (b) At the written request of the witness, the witness

5 shall:

6         (1) receive notice from the office of the State's

7   Attorney of any request for post-conviction review filed

8   by the defendant under Article 122 of the Code of Criminal

9   Procedure of 1963, and of the date, time, and place of any

10  hearing concerning the petition for post-conviction

11  review; whenever possible, notice of the hearing on the

12  petition shall be given in advance;

13        (2) receive notice by the releasing authority of the

14  defendant's discharge from State custody if the defendant

15  was committed to the Department of Human Services under

16  Section 5-2-4 or any other provision of the Unified Code

17  of Corrections;

18        (3) receive notice from the Prisoner Review Board of

19  the prisoner's escape from State custody, after the Board

20  has been notified of the escape by the Department of

21  Corrections or the Department of Juvenile Justice; when

22  the escapee is apprehended, the Department of Corrections

23  or the Department of Juvenile Justice shall immediately

24  notify the Prisoner Review Board and the Board shall

25  notify the witness;

26        (4) receive notice from the Prisoner Review Board or
   SB0019 Enrolled      - 38 - LRB104 08032 JDS 18078 b

1  the Department of Juvenile Justice of the prisoner's

2  release on parole, aftercare release, electronic

3  detention, work release or mandatory supervised release

4  and of the prisoner's final discharge from parole,

5  aftercare release, electronic detention, work release, or

6  mandatory supervised release.

7  (c) The crime victim, including any person who has had a

8 final, plenary, non-emergency, or emergency protective order

9 granted against the petitioner or parole candidate under

10 Article 112A of the Code of Criminal Procedure of 1963, the

11 Illinois Domestic Violence Act of 1986, the Stalking No

12 Contact Order Act, or the Civil No Contact Order Act, has the

13 right to submit a victim statement, in support or opposition,

14 to the Prisoner Review Board for consideration at a medical

15 release hearing as provided in Section 3-3-14 of the Unified

16 Code of Corrections. A victim statement may be submitted in

17 writing, on film, videotape, or other electronic means, or in

18 the form of a recording prior to a hearing, or orally at a

19 hearing, or by calling the toll-free number established in

20 subsection (f) of Section 4.5. Victim statements provided to

21 the Board shall be confidential and privileged, including any

22 statements received prior to the effective date of this

23 amendatory Act of the 102nd General Assembly, except if the

24 statement was an oral statement made by the victim at a hearing

25 open to the public.

26 (Source: P.A. 102-494, eff. 1-1-22.)
    SB0019 Enrolled         - 39 - LRB104 08032 JDS 18078 b

1   (725 ILCS 120/8.5)

2   Sec. 8.5. Statewide victim and witness notification

3 system.

4   (a) The Attorney General may establish a crime victim and

5 witness notification system to assist public officials in

6 carrying out their duties to notify and inform crime victims

7 and witnesses under Section 4.5 of this Act or under

8 subsections (a), (a-2), and (a-3) of Section 120 of the Sex

9 Offender Community Notification Law. The system shall download

10 necessary information from participating officials into its

11 computers, where it shall be maintained, updated, and

12 automatically transmitted to victims and witnesses by

13 telephone, computer, written notice, SMS text message, or

14 other electronic means.

15  (b) The Illinois Department of Corrections, the Department

16 of Juvenile Justice, the Department of Human Services, and the

17 Prisoner Review Board shall cooperate with the Attorney

18 General in the implementation of this Section and shall

19 provide information as necessary to the effective operation of

20 the system.

21  (c) State's attorneys, circuit court clerks, and local law

22 enforcement and correctional authorities may enter into

23 agreements with the Attorney General for participation in the

24 system. The Attorney General may provide those who elect to

25 participate with the equipment, software, or training
    SB0019 Enrolled       - 40 - LRB104 08032 JDS 18078 b

1 necessary to bring their offices into the system.

2   (d) The provision of information to crime victims and

3 witnesses through the Attorney General's notification system

4 satisfies a given State or local official's corresponding

5 obligation to provide the information.

6   (e) The Attorney General may provide for telephonic,

7 electronic, or other public access to the database established

8 under this Section.

9   (f) (Blank).

10  (g) There is established in the Office of the Attorney

11 General a Crime Victim and Witness Notification Advisory

12 Committee consisting of those victims advocates, sheriffs,

13 State's Attorneys, circuit court clerks, Illinois Department

14 of Corrections, the Department of Juvenile Justice, and

15 Prisoner Review Board employees that the Attorney General

16 chooses to appoint. The Attorney General shall designate one

17 member to chair the Committee.

18  (1) The Committee shall consult with and advise the

19  Attorney General as to the exercise of the Attorney

20  General's authority under this Section, including, but not

21  limited to:

22  (i) the design, scope, and operation of the

23  notification system;

24  (ii) the content of any rules adopted to implement

25  this Section;

26  (iii) the procurement of hardware, software, and
    SB0019 Enrolled           - 41 - LRB104 08032 JDS 18078 b

1           support for the system, including choice of supplier

2           or operator; and

3           (iv) the acceptance of agreements with and the

4           award of equipment, software, or training to officials

5           that seek to participate in the system.

6           (2) The Committee shall review the status and

7   operation of the system and report any findings and

8   recommendations for changes to the Attorney General and

9   the General Assembly by November 1 of each year.

10          (3) The members of the Committee shall receive no

11  compensation for their services as members of the

12  Committee, but may be reimbursed for their actual expenses

13  incurred in serving on the Committee.

14  (h) The Attorney General shall not release the names,

15 addresses, phone numbers, personal identification numbers, or

16 email addresses of any person registered to receive

17 notifications to any other person except State or local

18 officials using the notification system to satisfy the

19 official's obligation to provide the information. The Attorney

20 General may grant limited access to the Automated Victim

21 Notification system (AVN) to law enforcement, prosecution, and

22 other agencies that provide service to victims of violent

23 crime to assist victims in enrolling and utilizing the AVN

24 system.

25  (i) The Attorney General shall conduct an internal review

26 of the witness notification system to review timely notice to
    SB0019 Enrolled          - 42 - LRB104 08032 JDS 18078 b

1 victims and witnesses throughout the State and shall make
2 recommendations to the General Assembly for improvements in
3 the procedures and technologies used in the system. The
4 Attorney General shall submit the recommendations to the
5 General Assembly on or before July 1, 2026.
6 (Source: P.A. 98-717, eff. 1-1-15; 99-413, eff. 8-20-15.)

7   Section 10. The Unified Code of Corrections is amended by

8 changing Sections 3-3-1, 3-3-2, 3-3-5, 3-3-8, 3-3-9, 3-3-13,

9 3-3-14, 3-5-1, 3-14-1, 5-4.5-115 and by adding Section 3-3-1.5

10 as follows:

11  (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)

12  Sec. 3-3-1. Establishment and appointment of Prisoner

13 Review Board.

14  (a) There shall be a Prisoner Review Board independent of

15 the Department which shall be:

16  (1) the paroling authority for persons sentenced under

17  the law in effect prior to the effective date of this

18  amendatory Act of 1977;

19  (1.2) the paroling authority for persons eligible for

20  parole review under Section 5-4.5-115;

21  (1.5) (blank);

22  (2) the board of review for cases involving the

23  revocation of sentence credits or a suspension or

24  reduction in the rate of accumulating the credit;
    SB0019 Enrolled         - 43 - LRB104 08032 JDS 18078 b

1   (3) the board of review and recommendation for the

2   exercise of executive clemency by the Governor;

3   (4) the authority for establishing release dates for

4   certain prisoners sentenced under the law in existence

5   prior to the effective date of this amendatory Act of

6   1977, in accordance with Section 3-3-2.1 of this Code;

7   (5) the authority for setting conditions for parole

8   and mandatory supervised release under Section 5-8-1(a) of

9   this Code, and determining whether a violation of those

10  conditions warrant revocation of parole or mandatory

11  supervised release or the imposition of other sanctions;

12  (6) the authority for determining whether a violation

13  of aftercare release conditions warrant revocation of

14  aftercare release; and

15  (7) the authority to release medically infirm or

16  disabled prisoners under Section 3-3-14.

17  (b) The Board shall consist of 15 persons appointed by the

18 Governor by and with the advice and consent of the Senate. One

19 member of the Board shall be designated by the Governor to be

20 Chairman and shall serve as Chairman at the pleasure of the

21 Governor. The members of the Board shall have had at least 5

22 years of actual experience in the fields of penology,

23 corrections work, advocacy for victims of crime and their

24 families, advocacy for survivors of domestic violence, sexual

25 violence, or intimate partner violence, law enforcement,

26 sociology, law, education, social work, medicine, psychology,
    SB0019 Enrolled             - 44 - LRB104 08032 JDS 18078 b

1 other behavioral sciences, or a combination thereof. At least

2 3 6 members so appointed must have at least 3 years experience

3 in the field of juvenile matters. A total of 7 members must

4 have at least 5 years' experience as a law enforcement

5 officer, parole officer, prosecutor, criminal defense

6 attorney, or judge. No more than 8 Board members may be members

7 of the same political party.

8   Each member of the Board shall serve on a full-time basis

9 and shall not hold any other salaried public office, whether

10 elective or appointive, nor any other office or position of

11 profit, nor engage in any other business, employment, or

12 vocation. The Chairman of the Board shall receive the same

13 salary as the Chairperson of the Illinois Human Rights

14 Commission $35,000 a year, or an amount set by the

15 Compensation Review Board, whichever is greater, and each

16 other member shall receive the same salary as members of the

17 Illinois Human Rights Commission $30,000, or an amount set by

18 the Compensation Review Board, whichever is greater. The

19 changes made to the salary of the Chairman of the Board and to

20 the salaries of other members of the Board by this amendatory

21 Act of the 104th General Assembly apply only to persons who are

22 appointed or reappointed to those positions on or after the

23 effective date of this amendatory Act of the 104th General

24 Assembly.

25  (c) Notwithstanding any other provision of this Section,

26 the term of each member of the Board who was appointed by the
    SB0019 Enrolled  - 45 - LRB104 08032 JDS 18078 b

1 Governor and is in office on June 30, 2003 shall terminate at

2 the close of business on that date or when all of the successor

3 members to be appointed pursuant to this amendatory Act of the

4 93rd General Assembly have been appointed by the Governor,

5 whichever occurs later. As soon as possible, the Governor

6 shall appoint persons to fill the vacancies created by this

7 amendatory Act.

8   Of the initial members appointed under this amendatory Act

9 of the 93rd General Assembly, the Governor shall appoint 5

10 members whose terms shall expire on the third Monday in

11 January 2005, 5 members whose terms shall expire on the third

12 Monday in January 2007, and 5 members whose terms shall expire

13 on the third Monday in January 2009. Their respective

14 successors shall be appointed for terms of 6 years from the

15 third Monday in January of the year of appointment. Each

16 member shall serve until his or her successor is appointed and

17 qualified.

18  Notwithstanding any other provision of this Section, any

19 member appointed after January 1, 2026 shall be appointed for

20 an 8-year term that begins upon the date of appointment or

21 reappointment. Each member shall serve until the member's

22 successor is appointed and qualified.

23  Any member may be removed by the Governor for

24 incompetence, neglect of duty, malfeasance or inability to

25 serve.

26  (d) The Chairman of the Board shall be its chief executive
    SB0019 Enrolled   - 46 - LRB104 08032 JDS 18078 b

1 and administrative officer. The Board may have an Executive

2 Director; if so, the Executive Director shall be appointed by

3 the Governor with the advice and consent of the Senate. The

4 salary and duties of the Executive Director shall be fixed by

5 the Board.

6   (e) Each member and commissioner of the Prisoner Review

7 Board shall be required to complete a training course

8 developed and administered in consultation with the Department

9 of Corrections. The training shall be provided to new members

10 and commissioners of the Prisoner Review Board within 30 days

11 of the start of their service and before they take part in any

12 hearings. The training shall cover topics, including, but not

13 limited to:

14  (1) the prison and incarceration system, including a

15  tour of a correctional institution or facility and a

16  meeting with the facility administration;

17  (2) the nature and benefits of rehabilitative

18  corrections;

19  (3) rehabilitative programming provided by the

20  Department of Corrections available to incarcerated

21  individuals; and

22  (4) the impact of rehabilitative corrections and

23  programming on rates of recidivism.

24  In addition to the training course, each member and

25 commissioner of the Board shall also be required to

26 participate in 20 hours of continuing education or training
    SB0019 Enrolled  - 47 - LRB104 08032 JDS 18078 b

1 per year. Training shall cover, but shall not be limited to,

2 the following topics: domestic violence, restorative justice,

3 racial bias, risk assessment bias, law enforcement bias,

4 prevalence of wrongful convictions, prosecutorial misconduct,

5 police misconduct, mental health, cognitive behavioral

6 therapy, trauma, the age-crime curve, recidivism, and the

7 benefits of rehabilitative, educational, vocational, and

8 health, programming in correctional facilities. Documentation

9 of completion shall be submitted to and recorded by the

10 Department of Corrections and made available to the public

11 upon request.

12  The 20 hours of continuing education or training per year

13 required in this subsection shall include a training course

14 developed and administered by the entity administering the

15 Illinois Domestic Violence Hotline. The training shall be

16 provided to new members and commissioners of the Prisoner

17 Review Board within 30 days of the start of their service and

18 before they take part in any hearings.

19  This training shall be tailored specifically to the

20 members of the Board and shall cover topics, including, but

21 not limited to:

22  (1) the nature, extent, causes, and lethality of

23  domestic violence and gender-based violence;

24  (2) implicit and explicit biases toward parties

25  involved in domestic violence and gender-based violence;

26  (3) criminalization of survivors of domestic violence
    SB0019 Enrolled            - 48 - LRB104 08032 JDS 18078 b

1   and gender-based violence;

2   (4) behavioral patterns and relationship dynamics

3   within the cycle of violence;

4   (5) safety planning and procedures designed to promote

5   the safety of victims of domestic violence and

6   gender-based violence and their household members;

7   (6) resources available to victims of domestic

8   violence and gender-based violence and their household

9   members; and

10  (7) the Illinois Domestic Violence Act of 1986, the

11  Stalking No Contact Order Act, the Civil No Contact Order

12  Act, and the legal process regarding protective orders.

13  (f) The Board may appoint commissioners to assist it in

14 such manner as it directs and may discharge them at will.

15 Commissioners shall not be subject to the Personnel Code. Any

16 commissioner appointed shall be an attorney licensed to

17 practice law in the State of Illinois. The Board in its

18 discretion may assign any hearing to a commissioner, except

19 that, in hearings requiring a quorum of the Board, only

20 members shall participate, and in hearings requiring at least

21 3 members, at least 2 members shall participate. No

22 commissioner may act as the lead member or point of contact for

23 any institutional hearing.

24 (Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)

25  (730 ILCS 5/3-3-1.5 new)
    SB0019 Enrolled  - 49 - LRB104 08032 JDS 18078 b

1   Sec. 3-3-1.5. Director of Victim and Witness Services.

2   (a) There is established a Director of Victim and Witness

3 Services under the jurisdiction of the Prisoner Review Board.

4 The Victim and Witness Services Director shall be hired by the

5 Prisoner Review Board. The Victim and Witness Services

6 Director shall be responsible for ensuring that victims

7 receive appropriate notice and the opportunity to provide a

8 victim impact statement in accordance with this Act. The

9 Victim and Witness Services Director shall also be responsible

10 for coordinating with other agencies to improve victim

11 notification processes, and identifying ways to better serve

12 victims.

13  (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)

14  Sec. 3-3-2. Powers and duties.

15  (a) The Parole and Pardon Board is abolished and the term

16 "Parole and Pardon Board" as used in any law of Illinois, shall

17 read "Prisoner Review Board." After February 1, 1978 (the

18 effective date of Public Act 81-1099), the Prisoner Review

19 Board shall provide by rule for the orderly transition of all

20 files, records, and documents of the Parole and Pardon Board

21 and for such other steps as may be necessary to effect an

22 orderly transition and shall:

23  (1) hear by at least one member and through a panel of

24  at least 3 members decide, cases of prisoners who were

25  sentenced under the law in effect prior to February 1,
    SB0019 Enrolled           - 50 - LRB104 08032 JDS 18078 b

1   1978 (the effective date of Public Act 81-1099), and who

2   are eligible for parole;

3   (2) hear by at least one member and through a panel of

4   at least 3 members decide, the conditions of parole and

5   the time of discharge from parole, impose sanctions for

6   violations of parole, and revoke parole for those

7   sentenced under the law in effect prior to February 1,

8   1978 (the effective date of Public Act 81-1099); provided

9   that the decision to parole and the conditions of parole

10  for all prisoners who were sentenced for first degree

11  murder or who received a minimum sentence of 20 years or

12  more under the law in effect prior to February 1, 1978

13  shall be determined by a majority vote of the Prisoner

14  Review Board. One representative supporting parole and one

15  representative opposing parole will be allowed to speak.

16  Their comments shall be limited to making corrections and

17  filling in omissions to the Board's presentation and

18  discussion;

19  (3) hear by at least one member and through a panel of

20  at least 3 members decide, the conditions of mandatory

21  supervised release and the time of discharge from

22  mandatory supervised release, impose sanctions for

23  violations of mandatory supervised release, and revoke

24  mandatory supervised release for those sentenced under the

25  law in effect after February 1, 1978 (the effective date

26  of Public Act 81-1099);
    SB0019 Enrolled  - 51 - LRB104 08032 JDS 18078 b

1   (3.5) hear by at least one member and through a panel

2   of at least 3 members decide, the conditions of mandatory

3   supervised release and the time of discharge from

4   mandatory supervised release, to impose sanctions for

5   violations of mandatory supervised release and revoke

6   mandatory supervised release for those serving extended

7   supervised release terms pursuant to paragraph (4) of

8   subsection (d) of Section 5-8-1;

9   (3.6) hear by at least one member and through a panel

10  of at least 3 members decide whether to revoke aftercare

11  release for those committed to the Department of Juvenile

12  Justice under the Juvenile Court Act of 1987;

13  (4) hear by at least one member and through a panel of

14  at least 3 members, decide cases brought by the Department

15  of Corrections against a prisoner in the custody of the

16  Department for alleged violation of Department rules with

17  respect to sentence credits under Section 3-6-3 of this

18  Code in which the Department seeks to revoke sentence

19  credits, if the amount of time at issue exceeds 30 days or

20  when, during any 12-month period, the cumulative amount of

21  credit revoked exceeds 30 days except where the infraction

22  is committed or discovered within 60 days of scheduled

23  release. In such cases, the Department of Corrections may

24  revoke up to 30 days of sentence credit. The Board may

25  subsequently approve the revocation of additional sentence

26  credit, if the Department seeks to revoke sentence credit
    SB0019 Enrolled  - 52 - LRB104 08032 JDS 18078 b

1   in excess of 30 days. However, the Board shall not be

2   empowered to review the Department's decision with respect

3   to the loss of 30 days of sentence credit for any prisoner

4   or to increase any penalty beyond the length requested by

5   the Department;

6   (5) hear by at least one member and through a panel of

7   at least 3 members decide, the release dates for certain

8   prisoners sentenced under the law in existence prior to

9   February 1, 1978 (the effective date of Public Act

10  81-1099), in accordance with Section 3-3-2.1 of this Code;

11  (6) hear by at least one member and through a panel of

12  at least 3 members decide, all requests for pardon,

13  reprieve or commutation, and make confidential

14  recommendations to the Governor;

15  (6.5) hear by at least one member who is qualified in

16  the field of juvenile matters and through a panel of at

17  least 3 members, 2 of whom are qualified in the field of

18  juvenile matters, decide parole review cases in accordance

19  with Section 5-4.5-115 of this Code and make release

20  determinations of persons under the age of 21 at the time

21  of the commission of an offense or offenses, other than

22  those persons serving sentences for first degree murder or

23  aggravated criminal sexual assault;

24  (6.6) hear by at least a quorum of the Prisoner Review

25  Board and decide by a majority of members present at the

26  hearing, in accordance with Section 5-4.5-115 of this
    SB0019 Enrolled  - 53 - LRB104 08032 JDS 18078 b

1   Code, release determinations of persons under the age of

2   21 at the time of the commission of an offense or offenses

3   of those persons serving sentences for first degree murder

4   or aggravated criminal sexual assault;

5   (7) comply with the requirements of the Open Parole

6   Hearings Act;

7   (8) hear by at least one member and, through a panel of

8   at least 3 members, decide cases brought by the Department

9   of Corrections against a prisoner in the custody of the

10  Department for court dismissal of a frivolous lawsuit

11  pursuant to Section 3-6-3(d) of this Code in which the

12  Department seeks to revoke up to 180 days of sentence

13  credit, and if the prisoner has not accumulated 180 days

14  of sentence credit at the time of the dismissal, then all

15  sentence credit accumulated by the prisoner shall be

16  revoked;

17  (9) hear by at least 3 members, and, through a panel of

18  at least 3 members, decide whether to grant certificates

19  of relief from disabilities or certificates of good

20  conduct as provided in Article 5.5 of Chapter V;

21  (10) upon a petition by a person who has been

22  convicted of a Class 3 or Class 4 felony and who meets the

23  requirements of this paragraph, hear by at least 3 members

24  and, with the unanimous vote of a panel of 3 members, issue

25  a certificate of eligibility for sealing recommending that

26  the court order the sealing of all official records of the
    SB0019 Enrolled     - 54 - LRB104 08032 JDS 18078 b

1   arresting authority, the circuit court clerk, and the

2   Illinois State Police concerning the arrest and conviction

3   for the Class 3 or 4 felony. A person may not apply to the

4   Board for a certificate of eligibility for sealing:

5   (A) until 5 years have elapsed since the

6   expiration of his or her sentence;

7   (B) until 5 years have elapsed since any arrests

8   or detentions by a law enforcement officer for an

9   alleged violation of law, other than a petty offense,

10  traffic offense, conservation offense, or local

11  ordinance offense;

12  (C) if convicted of a violation of the Cannabis

13  Control Act, Illinois Controlled Substances Act, the

14  Methamphetamine Control and Community Protection Act,

15  the Methamphetamine Precursor Control Act, or the

16  Methamphetamine Precursor Tracking Act unless the

17  petitioner has completed a drug abuse program for the

18  offense on which sealing is sought and provides proof

19  that he or she has completed the program successfully;

20  (D) if convicted of:

21                   (i) a sex offense described in Article 11 or

22  Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

23  the Criminal Code of 1961 or the Criminal Code of

24  2012;

25                   (ii) aggravated assault;

26                   (iii) aggravated battery;
    SB0019 Enrolled  - 55 - LRB104 08032 JDS 18078 b

1                    (iv) domestic battery;

2                    (v) aggravated domestic battery;

3                    (vi) violation of an order of protection;

4                    (vii) an offense under the Criminal Code of

5   1961 or the Criminal Code of 2012 involving a

6   firearm;

7                    (viii) driving while under the influence of

8   alcohol, other drug or drugs, intoxicating

9   compound or compounds, or any combination thereof;

10                   (ix) aggravated driving while under the

11  influence of alcohol, other drug or drugs,

12  intoxicating compound or compounds, or any

13  combination thereof; or

14                   (x) any crime defined as a crime of violence

15  under Section 2 of the Crime Victims Compensation

16  Act.

17  If a person has applied to the Board for a certificate

18  of eligibility for sealing and the Board denies the

19  certificate, the person must wait at least 4 years before

20  filing again or filing for pardon from the Governor unless

21  the Chairman of the Prisoner Review Board grants a waiver.

22  The decision to issue or refrain from issuing a

23  certificate of eligibility for sealing shall be at the

24  Board's sole discretion, and shall not give rise to any

25  cause of action against either the Board or its members.

26  The Board may only authorize the sealing of Class 3
    SB0019 Enrolled  - 56 - LRB104 08032 JDS 18078 b

1   and 4 felony convictions of the petitioner from one

2   information or indictment under this paragraph (10). A

3   petitioner may only receive one certificate of eligibility

4   for sealing under this provision for life; and

5   (11) upon a petition by a person who after having been

6   convicted of a Class 3 or Class 4 felony thereafter served

7   in the United States Armed Forces or National Guard of

8   this or any other state and had received an honorable

9   discharge from the United States Armed Forces or National

10  Guard or who at the time of filing the petition is enlisted

11  in the United States Armed Forces or National Guard of

12  this or any other state and served one tour of duty and who

13  meets the requirements of this paragraph, hear by at least

14  3 members and, with the unanimous vote of a panel of 3

15  members, issue a certificate of eligibility for

16  expungement recommending that the court order the

17  expungement of all official records of the arresting

18  authority, the circuit court clerk, and the Illinois State

19  Police concerning the arrest and conviction for the Class

20  3 or 4 felony. A person may not apply to the Board for a

21  certificate of eligibility for expungement:

22  (A) if convicted of:

23                   (i) a sex offense described in Article 11 or

24  Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

25  the Criminal Code of 1961 or Criminal Code of

26  2012;
    SB0019 Enrolled  - 57 - LRB104 08032 JDS 18078 b

1                    (ii) an offense under the Criminal Code of

2   1961 or Criminal Code of 2012 involving a firearm;

3   or

4                    (iii) a crime of violence as defined in

5   Section 2 of the Crime Victims Compensation Act;

6   or

7   (B) if the person has not served in the United

8   States Armed Forces or National Guard of this or any

9   other state or has not received an honorable discharge

10  from the United States Armed Forces or National Guard

11  of this or any other state or who at the time of the

12  filing of the petition is serving in the United States

13  Armed Forces or National Guard of this or any other

14  state and has not completed one tour of duty.

15  If a person has applied to the Board for a certificate

16  of eligibility for expungement and the Board denies the

17  certificate, the person must wait at least 4 years before

18  filing again or filing for a pardon with authorization for

19  expungement from the Governor unless the Governor or

20  Chairman of the Prisoner Review Board grants a waiver.

21  (a-5) The Prisoner Review Board, with the cooperation of

22 and in coordination with the Department of Corrections and the

23 Department of Central Management Services, shall provide

24 implement a pilot project in 3 correctional institutions

25 providing for the conduct of hearings under paragraphs (1) and

26 (4) of subsection (a) of this Section through interactive
    SB0019 Enrolled             - 58 - LRB104 08032 JDS 18078 b

1 video conferences. The The project shall be implemented within

2 6 months after January 1, 1997 (the effective date of Public

3 Act 89-490). Within 6 months after the implementation of the

4 pilot project, the Prisoner Review Board, with the cooperation

5 of and in coordination with the Department of Corrections and

6 the Department of Central Management Services, shall report

7 annually to the Governor and the General Assembly regarding

8 the use, costs, effectiveness, and future viability of

9 interactive video conferences for Prisoner Review Board

10 hearings.

11  (b) Upon recommendation of the Department the Board may

12 restore sentence credit previously revoked.

13  (c) The Board shall cooperate with the Department in

14 promoting an effective system of parole and mandatory

15 supervised release.

16  (d) The Board shall promulgate rules for the conduct of

17 its work, and the Chairman shall file a copy of such rules and

18 any amendments thereto with the Director and with the

19 Secretary of State.

20  (e) The Board shall keep records of all of its official

21 actions and shall make them accessible in accordance with law

22 and the rules of the Board.

23  (f) The Board or one who has allegedly violated the

24 conditions of his or her parole, aftercare release, or

25 mandatory supervised release may require by subpoena the

26 attendance and testimony of witnesses and the production of
    SB0019 Enrolled  - 59 - LRB104 08032 JDS 18078 b

1 documentary evidence relating to any matter under

2 investigation or hearing. The Chairman of the Board may sign

3 subpoenas which shall be served by any agent or public

4 official authorized by the Chairman of the Board, or by any

5 person lawfully authorized to serve a subpoena under the laws

6 of the State of Illinois. The attendance of witnesses, and the

7 production of documentary evidence, may be required from any

8 place in the State to a hearing location in the State before

9 the Chairman of the Board or his or her designated agent or

10 agents or any duly constituted Committee or Subcommittee of

11 the Board. Witnesses so summoned shall be paid the same fees

12 and mileage that are paid witnesses in the circuit courts of

13 the State, and witnesses whose depositions are taken and the

14 persons taking those depositions are each entitled to the same

15 fees as are paid for like services in actions in the circuit

16 courts of the State. Fees and mileage shall be vouchered for

17 payment when the witness is discharged from further

18 attendance.

19  In case of disobedience to a subpoena, the Board may

20 petition any circuit court of the State for an order requiring

21 the attendance and testimony of witnesses or the production of

22 documentary evidence or both. A copy of such petition shall be

23 served by personal service or by registered or certified mail

24 upon the person who has failed to obey the subpoena, and such

25 person shall be advised in writing that a hearing upon the

26 petition will be requested in a court room to be designated in
    SB0019 Enrolled        - 60 - LRB104 08032 JDS 18078 b

1 such notice before the judge hearing motions or extraordinary

2 remedies at a specified time, on a specified date, not less

3 than 10 nor more than 15 days after the deposit of the copy of

4 the written notice and petition in the U.S. mail addressed to

5 the person at his or her last known address or after the

6 personal service of the copy of the notice and petition upon

7 such person. The court upon the filing of such a petition, may

8 order the person refusing to obey the subpoena to appear at an

9 investigation or hearing, or to there produce documentary

10 evidence, if so ordered, or to give evidence relative to the

11 subject matter of that investigation or hearing. Any failure

12 to obey such order of the circuit court may be punished by that

13 court as a contempt of court.

14  Each member of the Board and any hearing officer

15 designated by the Board shall have the power to administer

16 oaths and to take the testimony of persons under oath.

17  (g) Except under subsection (a) of this Section, a

18 majority of the members then appointed to the Prisoner Review

19 Board shall constitute a quorum for the transaction of all

20 business of the Board.

21  (h) The Prisoner Review Board shall annually transmit to

22 the Director a detailed report of its work for the preceding

23 calendar year, including votes cast by each member. The annual

24 report shall also be transmitted to the Governor for

25 submission to the Legislature.

26 (Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
         SB0019 Enrolled   - 61 - LRB104 08032 JDS 18078 b
1 102-558, eff. 8-20-21.)

2   (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)

3   Sec. 3-3-5. Hearing and determination.

4   (a) The Prisoner Review Board shall meet as often as need

5 requires to consider the cases of persons eligible for parole.

6 Except as otherwise provided in paragraph (2) of subsection

7 (a) of Section 3-3-2 of this Act, the Prisoner Review Board may

8 meet and order its actions in panels of 3 or more members. The

9 action of a majority of the panel shall be the action of the

10 Board.

11  (b) If the person under consideration for parole is in the

12 custody of the Department, at least one member of the Board

13 shall interview him or her, and a report of that interview

14 shall be available for the Board's consideration. However, in

15 the discretion of the Board, the interview need not be

16 conducted if a psychiatric examination determines that the

17 person could not meaningfully contribute to the Board's

18 consideration. The Board may in its discretion parole a person

19 who is then outside the jurisdiction on his or her record

20 without an interview. The Board need not hold a hearing or

21 interview a person who is paroled under paragraphs (d) or (e)

22 of this Section or released on Mandatory release under Section

23 3-3-10.

24  (c) (Blank). The Board shall not parole a person eligible

25 for parole if it determines that:
    SB0019 Enrolled        - 62 - LRB104 08032 JDS 18078 b

1   (1) there is a substantial risk that he or she will not

2   conform to reasonable conditions of parole or aftercare

3   release; or

4   (2) his or her release at that time would deprecate

5   the seriousness of his or her offense or promote

6   disrespect for the law; or

7   (3) his or her release would have a substantially

8   adverse effect on institutional discipline.

9   (c-1) In deciding whether to grant or deny parole, the

10 Board shall consider the following factors:

11  (1) participation in rehabilitative programming

12  available to the petitioner, including, but not limited

13  to, educational courses, vocational courses, life skills

14  courses, individual or group counseling courses, civics

15  education courses, peer education courses, independent

16  studies courses, substance abuse counseling courses, and

17  behavior modification courses;

18  (2) participation in professional licensing courses or

19  on-the-job training courses;

20  (3) letters from correctional staff, educational

21  faculty, community members, friends, and other

22  incarcerated persons;

23  (4) the petitioner's potential for rehabilitation or

24  the evidence of rehabilitation in the petitioner;

25  (5) the applicant's age at the time of the offense;

26  (6) the circumstances of the offense and the
    SB0019 Enrolled      - 63 - LRB104 08032 JDS 18078 b

1   petitioner's role and degree of participation in the

2   offense;

3   (7) the presence of a cognitive or developmental

4   disability in the petitioner at the time of the offense;

5   (8) the petitioner's family, home environment, and

6   educational and social background at the time of the

7   offense;

8   (9) evidence that the petitioner has suffered from

9   gender-based violence as defined by Section 5 of the

10  Gender Violence Act, postpartum psychosis or postpartum

11  depression as defined by Section 2-1401 of the Code of

12  Civil Procedure, post-traumatic stress disorder, adverse

13  childhood experiences, or other traumas that could have

14  been a contributing factor to a person's criminal behavior

15  and participation in the offense;

16  (10) the presence or expression by the petitioner of

17  remorse, compassion, or insight of harm and collateral

18  effects experienced by the victims;

19  (11) the commission of a serious disciplinary

20  infraction within the previous 5 years;

21  (12) a pattern of fewer serious institutional

22  disciplinary infractions within the previous 2 years;

23  (13) evidence that the petitioner has any serious

24  medical conditions;

25  (14) evidence that the Department is unable to meet

26  the petitioner's medical needs; and
    SB0019 Enrolled  - 64 - LRB104 08032 JDS 18078 b

1           (15) the petitioner's reentry plan, including, but not

2   limited to, residence plans, employment plans, continued

3   education plans, rehabilitation plans, and counseling

4   plans.

5   No one factor listed in this subsection (c-1) shall be

6 dispositive.

7   (d) (Blank).

8   (d-1) The Board shall, upon due notice, give a hearing to

9 all petitioners for medical release and all candidates for

10 parole, allowing representation by counsel, if desired, or the

11 assistance of advocates and supporters, if desired.

12  (d-2) All petitioners for medical release and all

13 candidates for parole appearing before the Prisoner Review

14 Board shall be afforded the opportunity to appear in person or

15 via interactive video teleconference.

16  (d-3) Clemency petitioners who are currently incarcerated

17 and their legal counsel, if retained, shall be afforded the

18 opportunity to a pre-hearing conference in person or via

19 interactive video teleconference with at least one Board

20 member.

21  (e) A person who has served the maximum term of

22 imprisonment imposed at the time of sentencing less time

23 credit for good behavior shall be released on parole to serve a

24 period of parole under Section 5-8-1.

25  (f) The Board shall render its decision within a

26 reasonable time after hearing and shall state the basis
    SB0019 Enrolled         - 65 - LRB104 08032 JDS 18078 b

1 therefor both in the records of the Board and in written notice

2 to the person on whose application it has acted. In its

3 decision, the Board shall set the person's time for parole, or

4 if it denies parole it shall provide for a rehearing not less

5 frequently than once every year, except that the Board may,

6 after denying parole, schedule a rehearing no later than 5

7 years from the date of the parole denial, if the Board finds

8 that it is not reasonable to expect that parole would be

9 granted at a hearing prior to the scheduled rehearing date. If

10 the Board shall parole a person, and, if he or she is not

11 released within 90 days from the effective date of the order

12 granting parole, the matter shall be returned to the Board for

13 review. If the Board denies parole, the written notice must

14 include an explanation of each factor the Board relied on in

15 making its decision to deny parole and what factors and goals

16 the applicant should focus on and try to meet to be granted

17 parole at a subsequent hearing.

18  (f-1) If the Board paroles a person who is eligible for

19 commitment as a sexually violent person, the effective date of

20 the Board's order shall be stayed for 90 days for the purpose

21 of evaluation and proceedings under the Sexually Violent

22 Persons Commitment Act.

23  (g) The Board shall maintain a registry of decisions in

24 which parole has been granted, which shall include the name

25 and case number of the prisoner, the highest charge for which

26 the prisoner was sentenced, the length of sentence imposed,
    SB0019 Enrolled       - 66 - LRB104 08032 JDS 18078 b

1 the date of the sentence, the date of the parole, and the basis

2 for the decision of the Board to grant parole and the vote of

3 the Board on any such decisions. The registry shall be made

4 available for public inspection and copying during business

5 hours and shall be a public record pursuant to the provisions

6 of the Freedom of Information Act.

7   (h) The Board shall promulgate rules regarding the

8 exercise of its discretion under this Section.

9 (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;

10 99-628, eff. 1-1-17.)

11  (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)

12  Sec. 3-3-8. Length of parole and mandatory supervised

13 release; discharge.

14  (a) The length of parole for a person sentenced under the

15 law in effect prior to the effective date of this amendatory

16 Act of 1977 and the length of mandatory supervised release for

17 those sentenced under the law in effect on and after such

18 effective date shall be as set out in Section 5-8-1 unless

19 sooner terminated under paragraph (b) of this Section.

20  (b) The Prisoner Review Board may enter an order releasing

21 and discharging one from parole or mandatory supervised

22 release, and his or her commitment to the Department, when it

23 determines that he or she is likely to remain at liberty

24 without committing another offense. Before entering such an

25 order, the Prisoner Review Board shall provide notice and a
    SB0019 Enrolled  - 67 - LRB104 08032 JDS 18078 b

1 30-day opportunity to comment to any registered victim.

2   (b-1) Provided that the subject is in compliance with the

3 terms and conditions of his or her parole or mandatory

4 supervised release, the Prisoner Review Board shall reduce the

5 period of a parolee or releasee's parole or mandatory

6 supervised release by 90 days upon the parolee or releasee

7 receiving a high school diploma, associate's degree,

8 bachelor's degree, career certificate, or vocational technical

9 certification or upon passage of high school equivalency

10 testing during the period of his or her parole or mandatory

11 supervised release. A parolee or releasee shall provide

12 documentation from the educational institution or the source

13 of the qualifying educational or vocational credential to

14 their supervising officer for verification. Each reduction in

15 the period of a subject's term of parole or mandatory

16 supervised release shall be available only to subjects who

17 have not previously earned the relevant credential for which

18 they are receiving the reduction. As used in this Section,

19 "career certificate" means a certificate awarded by an

20 institution for satisfactory completion of a prescribed

21 curriculum that is intended to prepare an individual for

22 employment in a specific field.

23  (b-2) The Prisoner Review Board may release a low-risk and

24 need subject person from mandatory supervised release as

25 determined by an appropriate evidence-based risk and need

26 assessment.
    SB0019 Enrolled  - 68 - LRB104 08032 JDS 18078 b

1   (b-3) After the completion of at least 6 months for

2 offenses set forth in paragraphs (1.5) through (7) of

3 subsection (a) of Section 110-6.1 of the Code of Criminal

4 Procedure of 1963 and 3 months for all other offenses, and upon

5 completion of all mandatory conditions of parole or mandatory

6 supervised release set forth in paragraph (7.5) of subsection

7 (a) of Section 3-3-7 and subsection (b) of Section 3-3-7, the

8 Department of Corrections shall complete a report describing

9 whether the subject has completed the mandatory conditions of

10 parole or mandatory supervised release. The report shall

11 include whether the subject has complied with any mandatory

12 conditions of parole or mandatory supervised release relating

13 to orders of protection, civil no contact orders, or stalking

14 no contact orders. The report shall also indicate whether a

15 LEADS report reflects a conviction for a domestic violence

16 offense within the prior 5 years.

17  (c) The order of discharge shall become effective upon

18 entry of the order of the Board. The Board shall notify the

19 clerk of the committing court of the order. Upon receipt of

20 such copy, the clerk shall make an entry on the record judgment

21 that the sentence or commitment has been satisfied pursuant to

22 the order.

23  (d) Rights of the person discharged under this Section

24 shall be restored under Section 5-5-5.

25  (e) Upon a denial of early discharge under this Section,

26 the Prisoner Review Board shall provide the person on parole
    SB0019 Enrolled     - 69 - LRB104 08032 JDS 18078 b

 1 or mandatory supervised release a list of steps or
 2 requirements that the person must complete or meet to be
 3 granted an early discharge at a subsequent review and share
 4 the process for seeking a subsequent early discharge review
 5 under this subsection. Upon the completion of such steps or
 6 requirements, the person on parole or mandatory supervised
 7 release may petition the Prisoner Review Board to grant them
 8 an early discharge review. Within no more than 30 days of a
 9 petition under this subsection, the Prisoner Review Board
10 shall review the petition and make a determination.
11 (Source: P.A. 103-271, eff. 1-1-24.)

12  (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)

13  Sec. 3-3-9. Violations; changes of conditions; preliminary

14 hearing; revocation of parole or mandatory supervised release;

15 revocation hearing.

16  (a) If prior to expiration or termination of the term of

17 parole or mandatory supervised release, a person violates a

18 condition set by the Prisoner Review Board or a condition of

19 parole or mandatory supervised release under Section 3-3-7 of

20 this Code to govern that term, the Board may:

21  (1) continue the existing term, with or without

22  modifying or enlarging the conditions; or

23  (1.5) for those released as a result of youthful

24  offender parole as set forth in Section 5-4.5-115 of this

25  Code, order that the inmate be subsequently rereleased to
    SB0019 Enrolled          - 70 - LRB104 08032 JDS 18078 b

1   serve a specified mandatory supervised release term not to

2   exceed the full term permitted under the provisions of

3   Section 5-4.5-115 and subsection (d) of Section 5-8-1 of

4   this Code and may modify or enlarge the conditions of the

5   release as the Board deems proper; or

6       (2) parole or release the person to a half-way house;

7   or

8       (3) revoke the parole or mandatory supervised release

9   and reconfine the person for a term computed in the

10  following manner:

11      (i) (A) For those sentenced under the law in

12      effect prior to this amendatory Act of 1977, the

13      recommitment shall be for any portion of the imposed

14      maximum term of imprisonment or confinement which had

15      not been served at the time of parole and the parole

16      term, less the time elapsed between the parole of the

17      person and the commission of the violation for which

18      parole was revoked;

19      (B) Except as set forth in paragraphs (C) and (D),

20      for those subject to mandatory supervised release

21      under paragraph (d) of Section 5-8-1 of this Code, the

22      recommitment shall be for the total mandatory

23      supervised release term, less the time elapsed between

24      the release of the person and the commission of the

25      violation for which mandatory supervised release is

26      revoked. The Board may also order that a prisoner
    SB0019 Enrolled   - 71 - LRB104 08032 JDS 18078 b

1   serve up to one year of the sentence imposed by the

2   court which was not served due to the accumulation of

3   sentence credit;

4   (C) For those subject to sex offender supervision

5   under clause (d)(4) of Section 5-8-1 of this Code, the

6   reconfinement period for violations of clauses (a)(3)

7   through (b-1)(15) of Section 3-3-7 shall not exceed 2

8   years from the date of reconfinement;

9   (D) For those released as a result of youthful

10  offender parole as set forth in Section 5-4.5-115 of

11  this Code, the reconfinement period shall be for the

12  total mandatory supervised release term, less the time

13  elapsed between the release of the person and the

14  commission of the violation for which mandatory

15  supervised release is revoked. The Board may also

16  order that a prisoner serve up to one year of the

17  mandatory supervised release term previously earned.

18  The Board may also order that the inmate be

19  subsequently rereleased to serve a specified mandatory

20  supervised release term not to exceed the full term

21  permitted under the provisions of Section 5-4.5-115

22  and subsection (d) of Section 5-8-1 of this Code and

23  may modify or enlarge the conditions of the release as

24  the Board deems proper;

25  (ii) the person shall be given credit against the

26  term of reimprisonment or reconfinement for time spent
    SB0019 Enrolled     - 72 - LRB104 08032 JDS 18078 b

1   in custody since he or she was paroled or released

2   which has not been credited against another sentence

3   or period of confinement;

4   (iii) (blank);

5   (iv) this Section is subject to the release under

6   supervision and the reparole and rerelease provisions

7   of Section 3-3-10.

8   (b) The Board may revoke parole or mandatory supervised

9 release for violation of a condition for the duration of the

10 term and for any further period which is reasonably necessary

11 for the adjudication of matters arising before its expiration.

12 The issuance of a warrant of arrest for an alleged violation of

13 the conditions of parole or mandatory supervised release shall

14 toll the running of the term until the final determination of

15 the charge. When parole or mandatory supervised release is not

16 revoked that period shall be credited to the term, unless a

17 community-based sanction is imposed as an alternative to

18 revocation and reincarceration, including a diversion

19 established by the Illinois Department of Corrections Parole

20 Services Unit prior to the holding of a preliminary parole

21 revocation hearing. Parolees who are diverted to a

22 community-based sanction shall serve the entire term of parole

23 or mandatory supervised release, if otherwise appropriate.

24  (b-5) The Board shall revoke parole or mandatory

25 supervised release for violation of the conditions prescribed

26 in paragraph (7.6) of subsection (a) of Section 3-3-7.
    SB0019 Enrolled            - 73 - LRB104 08032 JDS 18078 b

1   (c) A person charged with violating a condition of parole

2 or mandatory supervised release shall have a preliminary

3 hearing before a hearing officer designated by the Board to

4 determine if there is cause to hold the person for a revocation

5 hearing. However, no preliminary hearing need be held when

6 revocation is based upon new criminal charges and a court

7 finds probable cause on the new criminal charges or when the

8 revocation is based upon a new criminal conviction and a

9 certified copy of that conviction is available.

10  (d) Parole or mandatory supervised release shall not be

11 revoked without written notice to the offender setting forth

12 the violation of parole or mandatory supervised release

13 charged against him or her. Before the Board makes a decision

14 on whether to revoke an offender's parole or mandatory

15 supervised release, the Prisoner Review Board must run a LEADS

16 report. The Board shall publish on the Board's publicly

17 accessible website the name and identification number of

18 offenders who are alleged to have violated terms of parole or

19 mandatory supervised release and the Board's decision as to

20 whether to revoke parole or mandatory supervised release. This

21 information shall be accessible for a period of 60 days after

22 the information is posted.

23  (e) A hearing on revocation shall be conducted before at

24 least one member of the Prisoner Review Board. The Board may

25 meet and order its actions in panels of 3 or more members. The

26 action of a majority of the panel shall be the action of the
    SB0019 Enrolled    - 74 - LRB104 08032 JDS 18078 b

1 Board. A record of the hearing shall be made. At the hearing

2 the offender shall be permitted to:

3   (1) appear and answer the charge; and

4   (2) bring witnesses on his or her behalf.

5   (f) The Board shall either revoke parole or mandatory

6 supervised release or order the person's term continued with

7 or without modification or enlargement of the conditions.

8   (g) Parole or mandatory supervised release shall not be

9 revoked for failure to make payments under the conditions of

10 parole or release unless the Board determines that such

11 failure is due to the offender's willful refusal to pay.

12 (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)

13  (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)

14  Sec. 3-3-13. Procedure for executive clemency.

15  (a) Petitions seeking pardon, commutation, or reprieve

16 shall be addressed to the Governor and filed with the Prisoner

17 Review Board. The petition shall be in writing and signed by

18 the person under conviction or by a person on his behalf. It

19 shall contain a brief history of the case, the reasons for

20 seeking executive clemency, and other relevant information the

21 Board may require.

22  (a-5) After a petition has been denied by the Governor,

23 the Board may not accept a repeat petition for executive

24 clemency for the same person until one full year has elapsed

25 from the date of the denial. The Chairman of the Board may
    SB0019 Enrolled  - 75 - LRB104 08032 JDS 18078 b

1 waive the one-year requirement if the petitioner offers in

2 writing new information that was unavailable to the petitioner

3 at the time of the filing of the prior petition and which the

4 Chairman determines to be significant. The Chairman also may

5 waive the one-year waiting period if the petitioner can show

6 that a change in circumstances of a compelling humanitarian

7 nature has arisen since the denial of the prior petition.

8   (b) Notice of the proposed application shall be given by

9 the Board to the committing court and the state's attorney of

10 the county where the conviction was had.

11  (b-5) Victims registered with the Board shall receive

12 reasonable written notice not less than 30 days prior to the

13 executive clemency hearing date. The victim has the right to

14 submit a victim statement, in support or opposition, to the

15 Prisoner Review Board for consideration at an executive

16 clemency hearing as provided in subsection (c) of this

17 Section. Victim statements provided to the Board shall be

18 confidential and privileged, including any statements received

19 prior to the effective date of this amendatory Act of the 101st

20 General Assembly, except if the statement was an oral

21 statement made by the victim at a hearing open to the public.

22  (c) The Board shall, upon due notice, give a hearing to

23 each application, allowing representation by counsel, if

24 desired, after which it shall confidentially advise the

25 Governor by a written report of its recommendations which

26 shall be determined by majority vote. The written report to
    SB0019 Enrolled      - 76 - LRB104 08032 JDS 18078 b

1 the Governor shall be confidential and privileged, including

2 any reports made prior to the effective date of this

3 amendatory Act of the 101st General Assembly. The Board shall

4 meet to consider such petitions no less than 4 times each year.

5   (d) The Governor shall decide each application and

6 communicate his decision to the Board which shall notify the

7 petitioner.

8   In the event a petitioner who has been convicted of a Class

9 X felony is granted a release, after the Governor has

10 communicated such decision to the Board, the Board shall give

11 written notice to the Sheriff of the county from which the

12 offender was sentenced if such sheriff has requested that such

13 notice be given on a continuing basis. In cases where arrest of

14 the offender or the commission of the offense took place in any

15 municipality with a population of more than 10,000 persons,

16 the Board shall also give written notice to the proper law

17 enforcement agency for said municipality which has requested

18 notice on a continuing basis.

19  (e) Nothing in this Section shall be construed to limit

20 the power of the Governor under the constitution to grant a

21 reprieve, commutation of sentence, or pardon.

22 (Source: P.A. 103-51, eff. 1-1-24.)

23  (730 ILCS 5/3-3-14)

24  Sec. 3-3-14. Procedure for medical release.

25  (a) Definitions.
    SB0019 Enrolled  - 77 - LRB104 08032 JDS 18078 b

1   (1) As used in this Section, "medically incapacitated"

2   means that a petitioner an inmate has any diagnosable

3   medical condition, including dementia and severe,

4   permanent medical or cognitive disability, that prevents

5   the petitioner inmate from completing more than one

6   activity of daily living without assistance or that

7   incapacitates the petitioner inmate to the extent that

8   institutional confinement does not offer additional

9   restrictions, and that the condition is unlikely to

10  improve noticeably in the future.

11  (2) As used in this Section, "terminal illness" means

12  a condition that satisfies all of the following criteria:

13       (i) the condition is irreversible and incurable;

14  and

15       (ii) in accordance with medical standards and a

16  reasonable degree of medical certainty, based on an

17  individual assessment of the petitioner inmate, the

18  condition is likely to cause death to the petitioner

19  inmate within 18 months.

20  (b) The Prisoner Review Board shall consider an

21 application for compassionate release on behalf of any

22 petitioner inmate who meets any of the following:

23  (1) is suffering from a terminal illness; or

24  (2) has been diagnosed with a condition that will

25  result in medical incapacity within the next 6 months; or

26  (3) has become medically incapacitated subsequent to
    SB0019 Enrolled           - 78 - LRB104 08032 JDS 18078 b

1   sentencing due to illness or injury.

2   (c) Initial application.

3   (1) An initial application for medical release may be

4   filed with the Prisoner Review Board by the petitioner an

5   inmate, a prison official, a medical professional who has

6   treated or diagnosed the petitioner inmate, or the

7   petitioner's an inmate's spouse, parent, guardian,

8   grandparent, aunt or uncle, sibling, child over the age of

9   eighteen years, or attorney. If the initial application is

10  made by someone other than the petitioner inmate, the

11  petitioner inmate, or if the petitioner inmate is

12  medically unable to consent, the guardian or family member

13  designated to represent the petitioner's inmate's

14  interests must consent to the application at the time of

15  the institutional hearing.

16  (2) Application materials shall be maintained on the

17  Prisoner Review Board's website and the Department of

18  Corrections' website and maintained in a clearly visible

19  place within the law library and the infirmary of every

20  penal institution and facility operated by the Department

21  of Corrections.

22  (3) The initial application need not be notarized, can

23  be sent via email or facsimile, and must contain the

24  following information:

25  (i) the petitioner's inmate's name and Illinois

26  Department of Corrections number;
    SB0019 Enrolled      - 79 - LRB104 08032 JDS 18078 b

1   (ii) the petitioner's inmate's diagnosis;

2   (iii) a statement that the petitioner inmate meets

3   one of the following diagnostic criteria:

4                    (A) the petitioner inmate is suffering from a

5   terminal illness;

6                    (B) the petitioner inmate has been diagnosed

7   with a condition that will result in medical

8   incapacity within the next 6 months; or

9                    (C) the petitioner inmate has become medically

10  incapacitated subsequent to sentencing due to

11  illness or injury.

12  (3.5) The Prisoner Review Board shall place no

13  additional restrictions, limitations, or requirements on

14  applications from petitioners.

15  (4) Upon receiving the petitioner's inmate's initial

16  application, the Board shall order the Department of

17  Corrections to have a physician or nurse practitioner

18  evaluate the petitioner inmate and create a written

19  evaluation within ten days of the Board's order. The

20  evaluation shall include but need not be limited to:

21  (i) a concise statement of the petitioner inmate's

22  medical diagnosis, including prognosis, likelihood of

23  recovery, and primary symptoms, to include

24  incapacitation; and

25  (ii) a statement confirming or denying that the

26  petitioner inmate meets one of the criteria stated in
    SB0019 Enrolled    - 80 - LRB104 08032 JDS 18078 b

1   subsection (b) of this Section.

2   (5) Upon a determination that the petitioner is

3   eligible for a hearing, the Prisoner Review Board shall:

4   (i) provide public notice of the petitioner's

5   name, docket number, counsel, and hearing date; and

6   (ii) provide a copy of the evaluation and any

7   medical records provided by the Department of

8   Corrections to the petitioner or the petitioner's

9   attorney upon scheduling the institutional hearing.

10  (d) Institutional hearing. No public institutional hearing

11 is required for consideration of a petition, but shall be

12 granted at the request of the petitioner. Hearings are public

13 unless the petitioner requests a non-public hearing. The

14 petitioner has a right to attend the hearing and to speak on

15 the petitioner's own behalf. The petitioner inmate may be

16 represented by counsel and may present witnesses to the Board

17 members. Hearings shall be governed by the Open Parole

18 Hearings Act. Members of the public shall be permitted to

19 freely attend public hearings without restriction.

20  (e) Voting procedure. Petitions shall be considered by

21 three-member panels, and decisions shall be made by simple

22 majority. Voting shall take place during the public hearing.

23  (f) Consideration. In considering a petition for release

24 under the statute, the Prisoner Review Board may consider the

25 following factors:

26  (i) the petitioner's inmate's diagnosis and
    SB0019 Enrolled  - 81 - LRB104 08032 JDS 18078 b

1   likelihood of recovery;

2   (ii) the approximate cost of health care to the

3   State should the petitioner inmate remain in custody;

4   (iii) the impact that the petitioner's inmate's

5   continued incarceration may have on the provision of

6   medical care within the Department;

7   (iv) the present likelihood of and ability to pose

8   a substantial danger to the physical safety of a

9   specifically identifiable person or persons;

10  (v) any statements by the victim regarding

11  release; and

12  (vi) whether the petitioner's inmate's condition

13  was explicitly disclosed to the original sentencing

14  judge and taken into account at the time of

15  sentencing.

16  (f-1) Upon denying an eligible petitioner's application

17 for medical release, the Prisoner Review Board shall publish a

18 decision letter outlining the reason for denial. The decision

19 letter must include an explanation of each statutory factor

20 and the estimated annual cost of the petitioner's continued

21 incarceration, including the petitioner's medical care.

22  (g) Petitioners Inmates granted medical release shall be

23 released on mandatory supervised release for a period of 5

24 years subject to Section 3-3-8, which shall operate to

25 discharge any remaining term of years imposed upon him or her.

26 However, in no event shall the eligible person serve a period
    SB0019 Enrolled         - 82 - LRB104 08032 JDS 18078 b

1 of mandatory supervised release greater than the aggregate of

2 the discharged underlying sentence and the mandatory

3 supervised release period as set forth in Section 5-4.5-20.

4   (h) Within 90 days of the receipt of the initial

5 application, the Prisoner Review Board shall conduct a hearing

6 if a hearing is requested and render a decision granting or

7 denying the petitioner's request for release.

8   (i) Nothing in this statute shall preclude a petitioner

9 from seeking alternative forms of release, including clemency,

10 relief from the sentencing court, post-conviction relief, or

11 any other legal remedy.

12  (j) This act applies retroactively, and shall be

13 applicable to all currently incarcerated people in Illinois.

14  (k) Data report. The Department of Corrections and the

15 Prisoner Review Board shall release a report annually

16 published on their websites that reports the following

17 information about the Medical Release Program:

18  (1) The number of applications for medical release

19  received by the Board in the preceding year, and

20  information about those applications, including:

21  (i) demographic data about the petitioner

22  individual, including race or ethnicity, gender, age,

23  and institution;

24  (ii) the highest class of offense for which the

25  petitioner individual is incarcerated;

26  (iii) the relationship of the petitioner applicant
    SB0019 Enrolled  - 83 - LRB104 08032 JDS 18078 b

1   to the person completing the application;

2   (iv) whether the petitioner applicant had applied

3   for medical release before and been denied, and, if

4   so, when;

5   (v) whether the petitioner person applied as a

6   person who is medically incapacitated or a person who

7   is terminally ill; and

8   (vi) a basic description of the underlying medical

9   condition that led to the application ; and.

10  (vii) the institution in which the petitioner was

11  confined at the time of the application.

12  (2) The number of medical statements from the

13  Department of Corrections received by the Board.

14  (3) The number of institutional hearings on medical

15  release applications conducted by the Board including:.

16  (i) whether the petitioner was represented by an

17  attorney; and

18  (ii) whether the application was considered in a

19  public or non-public hearing.

20  (4) The number of people approved for medical release,

21  and information about them, including:

22  (i) demographic data about the individual

23  including race or ethnicity, gender, age, and zip code

24  to which they were released;

25  (ii) whether the person applied as a person who is

26  medically incapacitated or a person who is terminally
    SB0019 Enrolled   - 84 - LRB104 08032 JDS 18078 b

1   ill;

2   (iii) a basic description of the underlying

3   medical condition that led to the application; and

4   (iv) a basic description of the medical setting

5   the person was released to; .

6   (v) whether the petitioner was represented by an

7   attorney; and

8   (vi) whether the application was considered in a

9   public or non-public hearing.

10  (5) The number of people released on the medical

11  release program.

12  (6) The number of people approved for medical release

13  who experienced more than a one-month delay between

14  release decision and ultimate release, including:

15  (i) demographic data about the individuals

16  including race or ethnicity, gender and age;

17  (ii) the reason for the delay;

18  (iii) whether the person remains incarcerated; and

19  (iv) a basic description of the underlying medical

20  condition of the applying person.

21  (7) For those individuals released on mandatory

22  supervised release due to a granted application for

23  medical release:

24  (i) the number of individuals who were serving

25  terms of mandatory supervised release because of

26  medical release applications during the previous year;
    SB0019 Enrolled     - 85 - LRB104 08032 JDS 18078 b

1   (ii) the number of individuals who had their

2   mandatory supervised release revoked; and

3   (iii) the number of individuals who died during

4   the previous year.

5   (8) Information on seriously ill individuals

6   incarcerated at the Department of Corrections, including:

7   (i) the number of people currently receiving

8   full-time one-on-one medical care or assistance with

9   activities of daily living within Department of

10  Corrections facilities and whether that care is

11  provided by a medical practitioner or an incarcerated

12  person inmate, along with the institutions at which

13  they are incarcerated; and

14  (ii) the number of people who spent more than one

15  month in outside hospital care during the previous

16  year and their home institutions.

17  All the information provided in this report shall be

18 provided in aggregate, and nothing shall be construed to

19 require the public dissemination of any personal medical

20 information.

21 (Source: P.A. 102-494, eff. 1-1-22; 102-813, eff. 5-13-22.)

22  (730 ILCS 5/3-5-1)

23  Sec. 3-5-1. Master record file.

24  (a) The Department of Corrections and the Department of

25 Juvenile Justice shall maintain a master record file on each
    SB0019 Enrolled   - 86 - LRB104 08032 JDS 18078 b

1 person committed to it, which shall contain the following

2 information:

3   (1) all information from the committing court;

4   (1.5) ethnic and racial background data collected in

5   accordance with Section 4.5 of the Criminal Identification

6   Act and Section 2-5 of the No Representation Without

7   Population Act;

8   (1.6) the committed person's last known complete

9   street address prior to incarceration or legal residence

10  collected in accordance with Section 2-5 of the No

11  Representation Without Population Act;

12  (2) reception summary;

13  (3) evaluation and assignment reports and

14  recommendations;

15  (4) reports as to program assignment and progress;

16  (5) reports of disciplinary infractions and

17  disposition, including tickets and Administrative Review

18  Board action;

19  (6) any parole or aftercare release plan;

20  (7) any parole or aftercare release reports;

21  (8) the date and circumstances of final discharge;

22  (9) criminal history;

23  (10) current and past gang affiliations and ranks;

24  (11) information regarding associations and family

25  relationships;

26  (12) any grievances filed and responses to those
   SB0019 Enrolled  - 87 - LRB104 08032 JDS 18078 b

1  grievances;

2  (13) other information that the respective Department

3  determines is relevant to the secure confinement and

4  rehabilitation of the committed person;

5  (14) the last known address provided by the person

6  committed; and

7  (15) all medical and dental records.

8  (b) Except as provided in subsections (f) and (f-5), all

9 All files shall be confidential and access shall be limited to

10 authorized personnel of the respective Department or by

11 disclosure in accordance with a court order or subpoena.

12 Personnel of other correctional, welfare or law enforcement

13 agencies may have access to files under rules and regulations

14 of the respective Department. The respective Department shall

15 keep a record of all outside personnel who have access to

16 files, the files reviewed, any file material copied, and the

17 purpose of access. If the respective Department or the

18 Prisoner Review Board makes a determination under this Code

19 which affects the length of the period of confinement or

20 commitment, the committed person and his counsel shall be

21 advised of factual information relied upon by the respective

22 Department or Board to make the determination, provided that

23 the Department or Board shall not be required to advise a

24 person committed to the Department of Juvenile Justice any

25 such information which in the opinion of the Department of

26 Juvenile Justice or Board would be detrimental to his
    SB0019 Enrolled             - 88 - LRB104 08032 JDS 18078 b

1 treatment or rehabilitation.

2   (c) The master file shall be maintained at a place

3 convenient to its use by personnel of the respective

4 Department in charge of the person. When custody of a person is

5 transferred from the Department to another department or

6 agency, a summary of the file shall be forwarded to the

7 receiving agency with such other information required by law

8 or requested by the agency under rules and regulations of the

9 respective Department.

10  (d) The master file of a person no longer in the custody of

11 the respective Department shall be placed on inactive status

12 and its use shall be restricted subject to rules and

13 regulations of the Department.

14  (e) All public agencies may make available to the

15 respective Department on request any factual data not

16 otherwise privileged as a matter of law in their possession in

17 respect to individuals committed to the respective Department.

18  (f) A committed person may request a summary of the

19 committed person's master record file once per year and the

20 committed person's attorney may request one summary of the

21 committed person's master record file once per year. The

22 Department shall create a form for requesting this summary,

23 and shall make that form available to committed persons and to

24 the public on its website. Upon receipt of the request form,

25 the Department shall provide the summary within 15 days. The

26 summary must contain, unless otherwise prohibited by law:
    SB0019 Enrolled    - 89 - LRB104 08032 JDS 18078 b

1   (1) the person's name, ethnic, racial, last known

2   street address prior to incarceration or legal residence,

3   and other identifying information;

4   (2) all digitally available information from the

5   committing court;

6   (3) all information in the Offender 360 system on the

7   person's criminal history;

8   (4) the person's complete assignment history in the

9   Department of Corrections;

10  (5) the person's disciplinary card;

11  (6) additional records about up to 3 specific

12  disciplinary incidents as identified by the requester;

13  (7) any available records about up to 5 specific

14  grievances filed by the person, as identified by the

15  requester; and

16  (8) the records of all grievances filed on or after

17  January 1, 2023.

18  Notwithstanding any provision of this subsection (f) to

19 the contrary, a committed person's master record file is not

20 subject to disclosure and copying under the Freedom of

21 Information Act.

22  (f-5) At least 60 days before a person's executive

23 clemency, medical release, or parole hearing, if requested,

24 the Department of Corrections shall provide the person and

25 their legal counsel, if retained, a copy of (i) the person's

26 disciplinary card and (ii) any available records of the
    SB0019 Enrolled          - 90 - LRB104 08032 JDS 18078 b

1 person's participation in programming and education.

2   (g) Subject to appropriation, on or before July 1, 2025,

3 the Department of Corrections shall digitalize all newly

4 committed persons' master record files who become incarcerated

5 and all other new information that the Department maintains

6 concerning its correctional institutions, facilities, and

7 individuals incarcerated.

8   (h) Subject to appropriation, on or before July 1, 2027,

9 the Department of Corrections shall digitalize all medical and

10 dental records in the master record files and all other

11 information that the Department maintains concerning its

12 correctional institutions and facilities in relation to

13 medical records, dental records, and medical and dental needs

14 of committed persons.

15  (i) Subject to appropriation, on or before July 1, 2029,

16 the Department of Corrections shall digitalize all information

17 in the master record files and all other information that the

18 Department maintains concerning its correctional institutions

19 and facilities.

20  (j) The Department of Corrections shall adopt rules to

21 implement subsections (g), (h), and (i) if appropriations are

22 available to implement these provisions.

23  (k) Subject to appropriation, the Department of

24 Corrections, in consultation with the Department of Innovation

25 and Technology, shall conduct a study on the best way to

26 digitize all Department of Corrections records and the impact
    SB0019 Enrolled  - 91 - LRB104 08032 JDS 18078 b

1 of that digitizing on State agencies, including the impact on
2 the Department of Innovation and Technology. The study shall
3 be completed on or before January 1, 2024.
4 (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
5 103-18, eff. 1-1-24; 103-71, eff. 6-9-23; 103-154, eff.
6 6-30-23; 103-605, eff. 7-1-24.)

7   (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)

8   Sec. 3-14-1. Release from the institution.

9   (a) Upon release of a person on parole, mandatory release,

10 final discharge, or pardon, the Department shall return all

11 property held for him, provide him with suitable clothing and

12 procure necessary transportation for him to his designated

13 place of residence and employment. It may provide such person

14 with a grant of money for travel and expenses which may be paid

15 in installments. The amount of the money grant shall be

16 determined by the Department.

17  (a-1) The Department shall, before a wrongfully imprisoned

18 person, as defined in Section 3-1-2 of this Code, is

19 discharged from the Department, provide him or her with any

20 documents necessary after discharge.

21  (a-2) The Department of Corrections may establish and

22 maintain, in any institution it administers, revolving funds

23 to be known as "Travel and Allowances Revolving Funds". These

24 revolving funds shall be used for advancing travel and expense

25 allowances to committed, paroled, and discharged prisoners.
    SB0019 Enrolled      - 92 - LRB104 08032 JDS 18078 b

1 The moneys paid into such revolving funds shall be from

2 appropriations to the Department for Committed, Paroled, and

3 Discharged Prisoners.

4   (a-3) Upon release of a person who is eligible to vote on

5 parole, mandatory release, final discharge, or pardon, the

6 Department shall provide the person with a form that informs

7 him or her that his or her voting rights have been restored and

8 a voter registration application. The Department shall have

9 available voter registration applications in the languages

10 provided by the Illinois State Board of Elections. The form

11 that informs the person that his or her rights have been

12 restored shall include the following information:

13  (1) All voting rights are restored upon release from

14  the Department's custody.

15  (2) A person who is eligible to vote must register in

16  order to be able to vote.

17  The Department of Corrections shall confirm that the

18 person received the voter registration application and has

19 been informed that his or her voting rights have been

20 restored.

21  (a-4) Prior to release of a person on parole, mandatory

22 supervised release, final discharge, or pardon, the Department

23 shall screen every person for Medicaid eligibility. Officials

24 of the correctional institution or facility where the

25 committed person is assigned shall assist an eligible person

26 to complete a Medicaid application to ensure that the person
    SB0019 Enrolled  - 93 - LRB104 08032 JDS 18078 b

1 begins receiving benefits as soon as possible after his or her

2 release. The application must include the eligible person's

3 address associated with his or her residence upon release from

4 the facility. If the residence is temporary, the eligible

5 person must notify the Department of Human Services of his or

6 her change in address upon transition to permanent housing.

7   (a-5) Upon release of a person from its custody to parole,

8 upon mandatory supervised release, or upon final discharge,

9 the Department shall run a LEADS report and shall notify the

10 person of all in-effect protective orders issued against the

11 person under Article 112A of the Code of Criminal Procedure of

12 1963 or under the Illinois Domestic Violence Act of 1986, the

13 Civil No Contact Order Act, or the Stalking No Contact Order

14 Act, that are identified in the LEADS report.

15  (b) (Blank).

16  (c) Except as otherwise provided in this Code, the

17 Department shall establish procedures to provide written

18 notification of any release of any person who has been

19 convicted of a felony to the State's Attorney and sheriff of

20 the county from which the offender was committed, and the

21 State's Attorney and sheriff of the county into which the

22 offender is to be paroled or released. Except as otherwise

23 provided in this Code, the Department shall establish

24 procedures to provide written notification to the proper law

25 enforcement agency for any municipality of any release of any

26 person who has been convicted of a felony if the arrest of the
    SB0019 Enrolled  - 94 - LRB104 08032 JDS 18078 b

1 offender or the commission of the offense took place in the

2 municipality, if the offender is to be paroled or released

3 into the municipality, or if the offender resided in the

4 municipality at the time of the commission of the offense. If a

5 person convicted of a felony who is in the custody of the

6 Department of Corrections or on parole or mandatory supervised

7 release informs the Department that he or she has resided,

8 resides, or will reside at an address that is a housing

9 facility owned, managed, operated, or leased by a public

10 housing agency, the Department must send written notification

11 of that information to the public housing agency that owns,

12 manages, operates, or leases the housing facility. The written

13 notification shall, when possible, be given at least 14 days

14 before release of the person from custody, or as soon

15 thereafter as possible. The written notification shall be

16 provided electronically if the State's Attorney, sheriff,

17 proper law enforcement agency, or public housing agency has

18 provided the Department with an accurate and up to date email

19 address.

20  (c-1) (Blank).

21  (c-2) The Department shall establish procedures to provide

22 notice to the Illinois State Police of the release or

23 discharge of persons convicted of violations of the

24 Methamphetamine Control and Community Protection Act or a

25 violation of the Methamphetamine Precursor Control Act. The

26 Illinois State Police shall make this information available to
    SB0019 Enrolled  - 95 - LRB104 08032 JDS 18078 b

1 local, State, or federal law enforcement agencies upon

2 request.

3   (c-5) If a person on parole or mandatory supervised

4 release becomes a resident of a facility licensed or regulated

5 by the Department of Public Health, the Illinois Department of

6 Public Aid, or the Illinois Department of Human Services, the

7 Department of Corrections shall provide copies of the

8 following information to the appropriate licensing or

9 regulating Department and the licensed or regulated facility

10 where the person becomes a resident:

11  (1) The mittimus and any pre-sentence investigation

12  reports.

13  (2) The social evaluation prepared pursuant to Section

14  3-8-2.

15  (3) Any pre-release evaluation conducted pursuant to

16  subsection (j) of Section 3-6-2.

17  (4) Reports of disciplinary infractions and

18  dispositions.

19  (5) Any parole plan, including orders issued by the

20  Prisoner Review Board, and any violation reports and

21  dispositions.

22  (6) The name and contact information for the assigned

23  parole agent and parole supervisor.

24  This information shall be provided within 3 days of the

25 person becoming a resident of the facility.

26  (c-10) If a person on parole or mandatory supervised
    SB0019 Enrolled  - 96 - LRB104 08032 JDS 18078 b

1 release becomes a resident of a facility licensed or regulated

2 by the Department of Public Health, the Illinois Department of

3 Public Aid, or the Illinois Department of Human Services, the

4 Department of Corrections shall provide written notification

5 of such residence to the following:

6   (1) The Prisoner Review Board.

7   (2) The chief of police and sheriff in the

8   municipality and county in which the licensed facility is

9   located.

10  The notification shall be provided within 3 days of the

11 person becoming a resident of the facility.

12  (d) Upon the release of a committed person on parole,

13 mandatory supervised release, final discharge, or pardon, the

14 Department shall provide such person with information

15 concerning programs and services of the Illinois Department of

16 Public Health to ascertain whether such person has been

17 exposed to the human immunodeficiency virus (HIV) or any

18 identified causative agent of Acquired Immunodeficiency

19 Syndrome (AIDS).

20  (e) Upon the release of a committed person on parole,

21 mandatory supervised release, final discharge, pardon, or who

22 has been wrongfully imprisoned, the Department shall verify

23 the released person's full name, date of birth, and social

24 security number. If verification is made by the Department by

25 obtaining a certified copy of the released person's birth

26 certificate and the released person's social security card or
    SB0019 Enrolled              - 97 - LRB104 08032 JDS 18078 b

1 other documents authorized by the Secretary, the Department

2 shall provide the birth certificate and social security card

3 or other documents authorized by the Secretary to the released

4 person. If verification by the Department is done by means

5 other than obtaining a certified copy of the released person's

6 birth certificate and the released person's social security

7 card or other documents authorized by the Secretary, the

8 Department shall complete a verification form, prescribed by

9 the Secretary of State, and shall provide that verification

10 form to the released person.

11  (f) Forty-five days prior to the scheduled discharge of a

12 person committed to the custody of the Department of

13 Corrections, the Department shall give the person:

14  (1) who is otherwise uninsured an opportunity to apply

15  for health care coverage including medical assistance

16  under Article V of the Illinois Public Aid Code in

17  accordance with subsection (b) of Section 1-8.5 of the

18  Illinois Public Aid Code, and the Department of

19  Corrections shall provide assistance with completion of

20  the application for health care coverage including medical

21  assistance;

22  (2) information about obtaining a standard Illinois

23  Identification Card or a limited-term Illinois

24  Identification Card under Section 4 of the Illinois

25  Identification Card Act if the person has not been issued

26  an Illinois Identification Card under subsection (a-20) of
    SB0019 Enrolled  - 98 - LRB104 08032 JDS 18078 b

1   Section 4 of the Illinois Identification Card Act;

2        (3) information about voter registration and may

3   distribute information prepared by the State Board of

4   Elections. The Department of Corrections may enter into an

5   interagency contract with the State Board of Elections to

6   participate in the automatic voter registration program

7   and be a designated automatic voter registration agency

8   under Section 1A-16.2 of the Election Code;

9        (4) information about job listings upon discharge from

10  the correctional institution or facility;

11       (5) information about available housing upon discharge

12  from the correctional institution or facility;

13       (6) a directory of elected State officials and of

14  officials elected in the county and municipality, if any,

15  in which the committed person intends to reside upon

16  discharge from the correctional institution or facility;

17  and

18       (7) any other information that the Department of

19  Corrections deems necessary to provide the committed

20  person in order for the committed person to reenter the

21  community and avoid recidivism.

22  (g) Sixty days before the scheduled discharge of a person

23 committed to the custody of the Department or upon receipt of

24 the person's certified birth certificate and social security

25 card as set forth in subsection (d) of Section 3-8-1 of this

26 Act, whichever occurs later, the Department shall transmit an
    SB0019 Enrolled         - 99 - LRB104 08032 JDS 18078 b

1 application for an Identification Card to the Secretary of

2 State, in accordance with subsection (a-20) of Section 4 of

3 the Illinois Identification Card Act.

4   The Department may adopt rules to implement this Section.

5 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;

6 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.

7 1-1-24.)

8   (730 ILCS 5/5-4.5-115)

9   Sec. 5-4.5-115. Parole review of persons under the age of

10 21 at the time of the commission of an offense.

11  (a) For purposes of this Section, "victim" means a victim

12 of a violent crime as defined in subsection (a) of Section 3 of

13 the Rights of Crime Victims and Witnesses Act including a

14 witness as defined in subsection (b) of Section 3 of the Rights

15 of Crime Victims and Witnesses Act; any person legally related

16 to the victim by blood, marriage, adoption, or guardianship;

17 any friend of the victim; or any concerned citizen.

18  (b) A person under 21 years of age at the time of the

19 commission of an offense or offenses, other than first degree

20 murder, and who is not serving a sentence for first degree

21 murder and who is sentenced on or after June 1, 2019 (the

22 effective date of Public Act 100-1182) shall be eligible for

23 parole review by the Prisoner Review Board after serving 10

24 years or more of his or her sentence or sentences, except for

25 those serving a sentence or sentences for: (1) aggravated
    SB0019 Enrolled  - 100 - LRB104 08032 JDS 18078 b

1 criminal sexual assault who shall be eligible for parole

2 review by the Prisoner Review Board after serving 20 years or

3 more of his or her sentence or sentences or (2) predatory

4 criminal sexual assault of a child who shall not be eligible

5 for parole review by the Prisoner Review Board under this

6 Section. A person under 21 years of age at the time of the

7 commission of first degree murder who is sentenced on or after

8 June 1, 2019 (the effective date of Public Act 100-1182) shall

9 be eligible for parole review by the Prisoner Review Board

10 after serving 20 years or more of his or her sentence or

11 sentences, except for those subject to a term of natural life

12 imprisonment under Section 5-8-1 of this Code or any person

13 subject to sentencing under subsection (c) of Section

14 5-4.5-105 of this Code, who shall be eligible for parole

15 review by the Prisoner Review Board after serving 40 years or

16 more of his or her sentence or sentences.

17  (c) Three years prior to becoming eligible for parole

18 review, the eligible person may file his or her petition for

19 parole review with the Prisoner Review Board. The petition

20 shall include a copy of the order of commitment and sentence to

21 the Department of Corrections for the offense or offenses for

22 which review is sought. Within 30 days of receipt of this

23 petition, the Prisoner Review Board shall determine whether

24 the petition is appropriately filed, and if so, shall set a

25 date for parole review 3 years from receipt of the petition and

26 notify the Department of Corrections within 10 business days.
    SB0019 Enrolled     - 101 - LRB104 08032 JDS 18078 b

1 If the Prisoner Review Board determines that the petition is

2 not appropriately filed, it shall notify the petitioner in

3 writing, including a basis for its determination.

4   (d) Within 6 months of the Prisoner Review Board's

5 determination that the petition was appropriately filed, a

6 representative from the Department of Corrections shall meet

7 with the eligible person and provide the inmate information

8 about the parole hearing process and personalized

9 recommendations for the inmate regarding his or her work

10 assignments, rehabilitative programs, and institutional

11 behavior. Following this meeting, the eligible person has 7

12 calendar days to file a written request to the representative

13 from the Department of Corrections who met with the eligible

14 person of any additional programs and services which the

15 eligible person believes should be made available to prepare

16 the eligible person for return to the community.

17  (e) One year prior to the person being eligible for

18 parole, counsel shall be appointed by the Prisoner Review

19 Board upon a finding of indigency. The eligible person may

20 waive appointed counsel or retain his or her own counsel at his

21 or her own expense.

22  (f) Nine months prior to the hearing, the Prisoner Review

23 Board shall provide the eligible person, and his or her

24 counsel, any written documents or materials it will be

25 considering in making its decision unless the written

26 documents or materials are specifically found to: (1) include
    SB0019 Enrolled  - 102 - LRB104 08032 JDS 18078 b

1 information which, if disclosed, would damage the therapeutic

2 relationship between the inmate and a mental health

3 professional; (2) subject any person to the actual risk of

4 physical harm; (3) threaten the safety or security of the

5 Department or an institution. In accordance with Section

6 4.5(d)(4) of the Rights of Crime Victims and Witnesses Act and

7 Section 10 of the Open Parole Hearings Act, victim statements

8 provided to the Board shall be confidential and privileged,

9 including any statements received prior to the effective date

10 of this amendatory Act of the 101st General Assembly, except

11 if the statement was an oral statement made by the victim at a

12 hearing open to the public. Victim statements shall not be

13 considered public documents under the provisions of the

14 Freedom of Information Act. The inmate or his or her attorney

15 shall not be given a copy of the statement, but shall be

16 informed of the existence of a victim statement and the

17 position taken by the victim on the inmate's request for

18 parole. This shall not be construed to permit disclosure to an

19 inmate of any information which might result in the risk of

20 threats or physical harm to a victim. The Prisoner Review

21 Board shall have an ongoing duty to provide the eligible

22 person, and his or her counsel, with any further documents or

23 materials that come into its possession prior to the hearing

24 subject to the limitations contained in this subsection.

25  (g) Not less than 12 months prior to the hearing, the

26 Prisoner Review Board shall provide notification to the
    SB0019 Enrolled  - 103 - LRB104 08032 JDS 18078 b

1 State's Attorney of the county from which the person was

2 committed and written notification to the victim or family of

3 the victim of the scheduled hearing place, date, and

4 approximate time. The written notification shall contain: (1)

5 information about their right to be present, appear in person

6 at the parole hearing, and their right to make an oral

7 statement and submit information in writing, by videotape,

8 tape recording, or other electronic means; (2) a toll-free

9 number to call for further information about the parole review

10 process; and (3) information regarding available resources,

11 including trauma-informed therapy, they may access. If the

12 Board does not have knowledge of the current address of the

13 victim or family of the victim, it shall notify the State's

14 Attorney of the county of commitment and request assistance in

15 locating the victim or family of the victim. Those victims or

16 family of the victims who advise the Board in writing that they

17 no longer wish to be notified shall not receive future

18 notices. A victim shall have the right to submit information

19 by videotape, tape recording, or other electronic means. The

20 victim may submit this material prior to or at the parole

21 hearing. The victim also has the right to be heard at the

22 parole hearing.

23  (h) The hearing conducted by the Prisoner Review Board

24 shall be governed by Sections 15 and 20, subsection (f) of

25 Section 5, subsections (a), (a-5), (b), (b-5), and (c) of

26 Section 10, and subsection (d) of Section 25 of the Open Parole
    SB0019 Enrolled        - 104 - LRB104 08032 JDS 18078 b

1 Hearings Act and Part 1610 of Title 20 of the Illinois

2 Administrative Code. The eligible person has a right to be

3 present at the Prisoner Review Board hearing, unless the

4 Prisoner Review Board determines the eligible person's

5 presence is unduly burdensome when conducting a hearing under

6 paragraph (6.6) of subsection (a) of Section 3-3-2 of this

7 Code. If a psychological evaluation is submitted for the

8 Prisoner Review Board's consideration, it shall be prepared by

9 a person who has expertise in adolescent brain development and

10 behavior, and shall take into consideration the diminished

11 culpability of youthful offenders, the hallmark features of

12 youth, and any subsequent growth and increased maturity of the

13 person. At the hearing, the eligible person shall have the

14 right to make a statement on his or her own behalf.

15  (i) Only upon motion for good cause shall the date for the

16 Prisoner Review Board hearing, as set by subsection (b) of

17 this Section, be changed. No less than 15 days prior to the

18 hearing, the Prisoner Review Board shall notify the victim or

19 victim representative, the attorney, and the eligible person

20 of the exact date and time of the hearing. All hearings shall

21 be open to the public.

22  (j) (Blank). The Prisoner Review Board shall not parole

23 the eligible person if it determines that:

24  (1) there is a substantial risk that the eligible

25  person will not conform to reasonable conditions of parole

26  or aftercare release; or
    SB0019 Enrolled        - 105 - LRB104 08032 JDS 18078 b

1   (2) the eligible person's release at that time would

2   deprecate the seriousness of his or her offense or promote

3   disrespect for the law; or

4   (3) the eligible person's release would have a

5   substantially adverse effect on institutional discipline.

6   In considering the factors affecting the release

7 determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner

8 Review Board panel shall consider the diminished culpability

9 of youthful offenders, the hallmark features of youth, and any

10 subsequent growth and maturity of the youthful offender during

11 incarceration.

12  (j-5) In deciding whether to grant or deny parole, the

13 Board shall consider the following factors:

14  (1) participation in rehabilitative programming

15  available to the petitioner, including, but not limited

16  to, educational courses, vocational courses, life skills

17  courses, individual or group counseling courses, civics

18  education courses, peer education courses, independent

19  studies courses, substance abuse counseling courses, and

20  behavior modification courses;

21  (2) participation in professional licensing courses or

22  on-the-job training courses;

23  (3) letters from correctional staff, educational

24  faculty, community members, friends, and other

25  incarcerated persons;

26  (4) the petitioner's potential for rehabilitation or
    SB0019 Enrolled      - 106 - LRB104 08032 JDS 18078 b

1   the evidence of rehabilitation in the petitioner;

2   (5) the applicant's age at the time of the offense;

3   (6) the circumstances of the offense and the

4   petitioner's role and degree of participation in the

5   offense;

6   (7) the presence of a cognitive or developmental

7   disability in the petitioner at the time of the offense;

8   (8) the petitioner's family, home environment,

9   educational and social background at the time of the

10  offense;

11  (9) evidence that the petitioner has suffered from

12  post-traumatic stress disorder, adverse childhood

13  experiences, or other traumas that could have been a

14  contributing factor to a person's criminal behavior and

15  participation in the offense;

16  (10) the presence or expression by the petitioner of

17  remorse, compassion, or insight of harm and collateral

18  effects experienced by the victims;

19  (11) the commission of a serious disciplinary

20  infraction within the previous 5 years;

21  (12) a pattern of fewer serious institutional

22  disciplinary infractions within the previous 2 years;

23  (13) evidence that the petitioner has any serious

24  medical conditions;

25  (14) evidence that the Department is unable to meet

26  the petitioner's medical needs; and
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1   (15) the petitioner's reentry plan, including, but not

2   limited to, residence plans, employment plans, continued

3   education plans, rehabilitation plans, and counseling

4   plans.

5   No one factor in this subsection (j-5) shall be

6 dispositive. In considering the factors affecting the release

7 determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner

8 Review Board panel shall consider the diminished culpability

9 of youthful offenders, the hallmark features of youth, and any

10 subsequent growth and maturity of the youthful offender during

11 incarceration.

12  (k) Unless denied parole under subsection (j) of this

13 Section and subject to the provisions of Section 3-3-9 of this

14 Code: (1) the eligible person serving a sentence for any

15 non-first degree murder offense or offenses, shall be released

16 on parole which shall operate to discharge any remaining term

17 of years sentence imposed upon him or her, notwithstanding any

18 required mandatory supervised release period the eligible

19 person is required to serve; and (2) the eligible person

20 serving a sentence for any first degree murder offense, shall

21 be released on mandatory supervised release for a period of 10

22 years subject to Section 3-3-8, which shall operate to

23 discharge any remaining term of years sentence imposed upon

24 him or her, however in no event shall the eligible person serve

25 a period of mandatory supervised release greater than the

26 aggregate of the discharged underlying sentence and the
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1 mandatory supervised release period as sent forth in Section

2 5-4.5-20.

3   (l) If the Prisoner Review Board denies parole after

4 conducting the hearing under subsection (j) of this Section,

5 it shall issue a written decision which states the rationale

6 for denial, including the primary factors considered. This

7 decision shall be provided to the eligible person and his or

8 her counsel within 30 days.

9   (m) A person denied parole under subsection (j) of this

10 Section, who is not serving a sentence for either first degree

11 murder or aggravated criminal sexual assault, shall be

12 eligible for a second parole review by the Prisoner Review

13 Board 5 years after the written decision under subsection (l)

14 of this Section; a person denied parole under subsection (j)

15 of this Section, who is serving a sentence or sentences for

16 first degree murder or aggravated criminal sexual assault

17 shall be eligible for a second and final parole review by the

18 Prisoner Review Board 10 years after the written decision

19 under subsection (k) of this Section. The procedures for a

20 second parole review shall be governed by subsections (c)

21 through (k) of this Section.

22  (n) A person denied parole under subsection (m) of this

23 Section, who is not serving a sentence for either first degree

24 murder or aggravated criminal sexual assault, shall be

25 eligible for a third and final parole review by the Prisoner

26 Review Board 5 years after the written decision under
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1 subsection (l) of this Section. The procedures for the third

2 and final parole review shall be governed by subsections (c)

3 through (k) of this Section.

4   (o) Notwithstanding anything else to the contrary in this

5 Section, nothing in this Section shall be construed to delay

6 parole or mandatory supervised release consideration for

7 petitioners who are or will be eligible for release earlier

8 than this Section provides. Nothing in this Section shall be

9 construed as a limit, substitution, or bar on a person's right

10 to sentencing relief, or any other manner of relief, obtained

11 by order of a court in proceedings other than as provided in

12 this Section.

13 (Source: P.A. 101-288, eff. 1-1-20; 102-1128, eff. 1-1-24.)

14  Section 25. The Illinois Domestic Violence Act of 1986 is

15 amended by changing Section 201 as follows:

16  (750 ILCS 60/201) (from Ch. 40, par. 2312-1)

17  Sec. 201. Persons protected by this Act.

18  (a) The following persons are protected by this Act:

19  (i) any person abused by a family or household member;

20  (ii) any high-risk adult with disabilities who is

21  abused, neglected, or exploited by a family or household

22  member;

23  (iii) any minor child or dependent adult in the care

24  of such person;
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1         (iv) any person residing or employed at a private home

2   or public shelter which is housing an abused family or

3   household member; and

4         (v) any of the following persons if the person is

5   abused by a family or household member of a child:

6         (A) a foster parent of that child if the child has

7         been placed in the foster parent's home by the

8         Department of Children and Family Services or by

9         another state's public child welfare agency;

10        (B) a legally appointed guardian or legally

11        appointed custodian of that child;

12        (C) an adoptive parent of that child; or

13        (D) a prospective adoptive parent of that child if

14        the child has been placed in the prospective adoptive

15        parent's home pursuant to the Adoption Act or pursuant

16        to another state's law.

17        For purposes of this paragraph (a)(v), individuals who

18  would have been considered "family or household members"

19  of the child under subsection (6) of Section 103 of this

20  Act before a termination of the parental rights with

21  respect to the child continue to meet the definition of

22  "family or household members" of the child.

23  (b) A petition for an order of protection may be filed

24 only:

25        (i) by a person who has been abused by a family or

26  household member or by any person on behalf of a minor
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1   child or an adult who has been abused by a family or

2   household member and who, because of age, health,

3   disability, or inaccessibility, cannot file the petition;

4   (ii) by any person on behalf of a high-risk adult with

5   disabilities who has been abused, neglected, or exploited

6   by a family or household member; or

7   (iii) by any of the following persons if the person is

8   abused by a family or household member of a child:

9   (A) a foster parent of that child if the child has

10  been placed in the foster parent's home by the

11  Department of Children and Family Services or by

12  another state's public child welfare agency;

13  (B) a legally appointed guardian or legally

14  appointed custodian of that child;

15  (C) an adoptive parent of that child;

16  (D) a prospective adoptive parent of that child if

17  the child has been placed in the prospective adoptive

18  parent's home pursuant to the Adoption Act or pursuant

19  to another state's law.

20  For purposes of this paragraph (b)(iii), individuals

21  who would have been considered "family or household

22  members" of the child under subsection (6) of Section 103

23  of this Act before a termination of the parental rights

24  with respect to the child continue to meet the definition

25  of "family or household members" of the child;.

26  (iv) by a crime victim who was abused by an offender
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1   prior to the incarceration of the offender in a penal

2   institution and such offender is incarcerated in a penal

3   institution at the time of the filing of the petition; or

4   (v) by any person who has previously suffered abuse by

5   a person convicted of (1) domestic battery, aggravated

6   domestic battery, aggravated battery, or any other offense

7   that would constitute domestic violence or (2) a violent

8   crime, as defined in Section 3 of the Rights of Crime

9   Victims and Witnesses Act, committed against another

10  person.

11  A petition for an order of protection may not be denied

12 solely upon the basis that the respondent or petitioner is

13 incarcerated in a penal institution at the time of the filing

14 of the petition.

15  (c) Any petition properly filed under this Act may seek

16 protection for any additional persons protected by this Act.

17 (Source: P.A. 100-639, eff. 1-1-19.)

18  Section 99. Effective date. This Act takes effect upon

19 becoming law.
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