HB 3584

Abstract

Amends the Rights of Crime Victims and Witnesses Act. Provides that the crime victim has the right to register with the Prisoner Review Board's victim registry. Provides that the crime victim has the right to submit a victim impact statement to the Board for consideration at hearings as provided in the Open Parole Hearings Act or at an executive clemency hearing. Provides that victim impact statements received by the Board shall be confidential and shall not be discoverable in litigation. Amends the Open Parole Hearings Act. Provides that unless otherwise provides, the Board shall not release any material to the inmate, the inmate's attorney, any third party, or any other person that contains any information from the victim who has provided a victim impact statement to the Board, unless provided with a waiver from the victim. Provides that the Board shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system. Provides that victim impact statements received by the Board shall be confidential and shall not be discoverable in litigation. Makes conforming changes in the Unified Code of Corrections. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that victim impact statements received by the Prisoner Review Board shall be confidential and privileged (rather than confidential and not discoverable in litigation). Provides that the written report of the Board's recommendations to the Governor shall be privileged (rather than not discoverable in litigation). Makes conforming changes. Senate Committee Amendment No. 1 Deletes reference to: 730 ILCS 105/35 Adds reference to: 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9 730 ILCS 5/5-4.5-115 730 ILCS 5/5-4.5-20 730 ILCS 5/5-4.5-25 730 ILCS 5/5-4.5-30 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 105/10 from Ch. 38, par. 1660 730 ILCS 105/25 from Ch. 38, par. 1675 730 ILCS 105/35 rep. Provides that the victim of the crime for which the prisoner has been sentenced has the right to register with the Prisoner Review Board's victim registry. Provides that victims registered with the Board shall receive reasonable written notice not less than 30 days prior to the parole hearing or target aftercare release date. The victim has the right to submit a victim statement for consideration by the Prisoner Review Board or the Department of Juvenile Justice in writing, on film, videotape, or other electronic means, or in the form of a recording prior to the parole hearing or target aftercare release date, or in person at the parole hearing or aftercare release protest hearing, or by calling the toll-free number established by the Board. Provides that victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of the amendatory Act, except if the statement was an oral statement made by the victim at a hearing open to the public. Provides that the Board shall receive and consider victim statements. Provides that the written report to the Governor by the Board following an executive clemency hearing shall be confidential and privileged, including any reports made prior to the effective date of the amendatory Act. Makes technical changes in the Unified Code of Corrections concerning cross references to provisions concerning parole review of persons under the age of 21 at the time of the commission of an offense. Repeals a provision of the Open Parole Hearings Act concerning victim impact statements.