Illinois Compiled Statutes 730 ILCS 105/10 – Victim statements
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(a) The Board shall receive and consider victim statements.
(a-5) Pursuant to paragraph (19) of subsection (b) of § 4.5 of the Rights of Crime Victims and Witnesses Act, the State‘s Attorney shall forward a copy of any statement presented at the time of trial to the Prisoner Review Board to be considered at the time of a parole hearing.
(b) The victim has the right to submit a victim statement for consideration by the Prisoner Review Board in writing, on film, videotape, or other electronic means, or in the form of a recording prior to the parole hearing, or orally at the parole hearing, or by calling the toll-free number established in subsection (f) of § 4.5 of the Rights of Crime Victims and Witnesses Act. Victim statements shall not be considered public documents under provisions of the Freedom of Information Act.
(b-5) Other than as provided in subsection (c), 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 a victim who has provided a victim statement to the Board, unless provided with a waiver from that victim. 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. Victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public.
(c) The inmate or his or her attorney shall be informed of the existence of a victim statement and its contents under provisions of Board rules. This shall not be construed to permit disclosure to an inmate of any information which might result in the risk of threats or physical harm to a victim or complaining witness.
(d) The inmate shall be given the opportunity to answer a victim statement, either orally or in writing.
(e) All victim statements, except if the statement was an oral statement made by the victim at a hearing open to the public, shall be part of the applicant’s, releasee’s, or parolee’s parole file.
(a-5) Pursuant to paragraph (19) of subsection (b) of § 4.5 of the Rights of Crime Victims and Witnesses Act, the State‘s Attorney shall forward a copy of any statement presented at the time of trial to the Prisoner Review Board to be considered at the time of a parole hearing.
Terms Used In Illinois Compiled Statutes 730 ILCS 105/10
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) The victim has the right to submit a victim statement for consideration by the Prisoner Review Board in writing, on film, videotape, or other electronic means, or in the form of a recording prior to the parole hearing, or orally at the parole hearing, or by calling the toll-free number established in subsection (f) of § 4.5 of the Rights of Crime Victims and Witnesses Act. Victim statements shall not be considered public documents under provisions of the Freedom of Information Act.
(b-5) Other than as provided in subsection (c), 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 a victim who has provided a victim statement to the Board, unless provided with a waiver from that victim. 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. Victim statements provided to the Board shall be confidential and privileged, including any statements received prior to the effective date of this amendatory Act of the 101st General Assembly, except if the statement was an oral statement made by the victim at a hearing open to the public.
(c) The inmate or his or her attorney shall be informed of the existence of a victim statement and its contents under provisions of Board rules. This shall not be construed to permit disclosure to an inmate of any information which might result in the risk of threats or physical harm to a victim or complaining witness.
(d) The inmate shall be given the opportunity to answer a victim statement, either orally or in writing.
(e) All victim statements, except if the statement was an oral statement made by the victim at a hearing open to the public, shall be part of the applicant’s, releasee’s, or parolee’s parole file.