HB 681

Abstract

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 1 Deletes reference to: 720 ILCS 5/1-1 from Ch. 38, par. 1-1 Adds reference to: 725 ILCS 120/4.5 730 ILCS 5/3-3-1 from Ch. 38, par. 1003-3-1 730 ILCS 5/3-3-1.1 new 730 ILCS 5/3-3-8 from Ch. 38, par. 1003-3-8 730 ILCS 5/3-3-9 from Ch. 38, par. 1003-3-9 730 ILCS 5/3-3-16 new 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 Replaces everything after the enacting clause. Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall publish on its official public website and provide to registered victims information regarding how to submit a victim impact statement. Provides that the Prisoner Review Board shall consider victim impact statements from any registered victims. Provides that any registered victim, including a person who has had a final, plenary, or non-emergency order of protection granted under the Protective Orders Article of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, may present victim statements that the Prisoner Review Board shall consider in its deliberations. Amends the Unified Code of Corrections. Establishes a mission statement for the Prisoner Review Board. Provides that within one year of the effective date of the amendatory Act or within one year of the start of the member's term, a member of the Prisoner Review Board shall complete, on an annual basis, a training program, to be provided by the entity administering the Illinois Domestic Violence Hotline. Provides that this training shall be tailored specifically to the members of the Prisoner Review Board and shall cover topics including, but not limited to, safety planning, criminalized survivors, substantiation of gender-based violence, the Illinois Domestic Violence Act of 1986, the legal process surrounding orders of protection, and the dynamics of gender-based violence. Provides that after the completion of at least 6 months for certain detainable offenses set forth in the denial of pretrial release provisions of the Code of Criminal Procedure of 1963, and 3 months for all other offenses, and upon completion of all mandatory conditions of parole or mandatory supervised release set forth in the conditions of parole or mandatory supervised release provisions of the Code, the Department of Corrections shall complete a report describing whether the subject has completed the mandatory conditions of parole or mandatory supervised release. Provides that the report shall include whether the subject has complied with any mandatory conditions of parole or mandatory supervised release relating to orders of protection, civil no contact orders, or stalking no contact orders. Provides that the report shall also indicate whether a LEADS report reflects a conviction of a domestic violence offense within the prior 5 years. Creates the Prisoner Review Board Task Force, provides for its appointment, duration, and purposes. Provides that upon release of a person from its custody onto parole, mandatory supervised release, or final discharge, the Department of Corrections shall run a LEADS report and shall notify the person of all in-effect orders of protection issued against the person under Protective Orders Article of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986 that are identified in the LEADS report. Some provisions effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 730 ILCS 5/3-14-1 from Ch. 38, par. 1-1 Adds reference to: 730 ILCS 5/3-14-1.1 new 730 ILCS 105/15.1 new Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Amends the Rights of Crime Victims and Witnesses Act. Provides that any registered victim, including a person who has had a final, plenary, or non-emergency protective order granted under the Code of Criminal Procedure of 1963, the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, or the Civil No Contact Order Act (rather than the Code of Criminal Procedure of 1963 or the Illinois Domestic Violence Act of 1986) may present victim statements that the Prisoner Review Board shall consider in its deliberations. Provides that the Board shall immediately inform a victim of the early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, if the victim has previously requested notification of that information. Sets forth the requirements for the notification. Amends the Unified Code of Corrections. Provides that, prior to participating in their first vote of a calendar year, a member of the Board shall annually complete a training developed and administered by the entity administering the Illinois Domestic Violence Hotline, in consultation with the Department of Corrections. Provides that the Board shall provide a victim with notice of a preliminary hearing at least 72 hours prior to such hearing if the victim has previously requested notification of that information. Makes changes in provisions concerning the length of parole and mandatory supervised release and the Prisoner Review Board Task Force. Amends the Open Parole Hearing Act. Provides that the Board shall make all open hearings available to the public for live broadcast on the Board's website. Provides that the Board shall keep written minutes of all the Board's meetings, whether open or closed, and a verbatim record of all the Board's closed meetings in the form of an audio or video recording. Some provisions effective July 1, 2025; other provisions effective immediately. Senate Floor Amendment No. 5 Deletes reference to: 730 ILCS 5/3-14-1 from Ch. 38, par. 1-1 Adds reference to: 730 ILCS 5/3-14-1.1 new 730 ILCS 105/15 from Ch. 38, par. 1665 730 ILCS 105/15.1 new 750 ILCS 60/214 from Ch. 40, par. 2312-14 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Amends the Rights of Crime Victims and Witnesses Act. Provides that any registered victim, including a person who has had a final, plenary, or non-emergency protective order granted under the Code of Criminal Procedure of 1963, the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, or the Civil No Contact Order Act (rather than the Code of Criminal Procedure of 1963 or the Illinois Domestic Violence Act of 1986) may present victim statements that the Prisoner Review Board shall consider in its deliberations. Provides that the Board shall immediately inform a victim of the early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, if the victim has previously requested notification of that information. Sets forth the requirements for the notification. Amends the Unified Code of Corrections. Provides that, prior to participating in their first vote of a calendar year, a member of the Board shall annually complete a training developed and administered by the entity administering the Illinois Domestic Violence Hotline, in consultation with the Department of Corrections. Provides that the Board shall provide a victim with notice of a preliminary hearing at least 72 hours prior to such hearing if the victim has previously requested notification of that information. Amends the Open Parole Hearing Act. Requires the Board to make all en banc open meetings and all parole, aftercare release, and mandatory supervised release revocation hearings available to the public for live broadcast on the Board's website. Requires the broadcast recording of these hearings to remain available for public viewing on the Board's website for a minimum of 18 months. Specifies that, for all other public hearings of the Board, the Board may make meetings available to the public for live broadcast on the Board's website. Directs the Prisoner Review Board Task Force to report to the Governor and the General Assembly by July 1, 2025, on various subjects, including the medical release program and the broadcasting of other open meetings of the Board. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may not be denied upon the basis that the petitioner or the respondent is incarcerated in a penal institution at the time of the filing of the petition. Some provisions are effective immediately, and others are effective July 1, 2025.