One Bartlett woman says she feels vindicated by an Illinois House committee’s recent approval of victims’ rights legislation.
On Feb. 18, committee members greenlit a measure to allow victim impact statements to be considered when determining the placement of a defendant found not guilty of an offense by reason of insanity, according to Rep. Randy Ramey, R-55th District, of Carol Stream, the bill’s chief sponsor.
| House Bill 4807 Provides that after a defendant is found not guilty by reason of insanity, any victim impact statement prepared under the Rights of Crime Victims and Witnesses Act shall be sent to the Department of Human Services, who would determine the most appropriate setting for treatment based upon a number of factors including mental health diagnosis, proximity to surviving victims, security need, age, gender and proximity to defendant’s family. |
Fewer than 10 miles separates Bartlett resident Barbara McNally from the man who murdered her husband nearly four years ago.
In 2008, James Masino was found not guilty by reason of insanity in Cook County Circuit Court for Jim McNally’s murder. Masino now resides at the Elgin Mental Health Center, where he could spend the rest of his life.
“Exactly seven miles from our doorstep,” Barbara McNally said, adding she’s concerned for the safety of her three children and herself.
She and two of her children were in Springfield Feb. 18 to give testimony and witness the committee’s approval of the bill, which now heads to the House floor for full debate.
James McNally, a stay-at-home dad, was killed while leaving his Bartlett home in 2006. Masino, who had been friends with James McNally when they were in high school, was charged with murder but sent to the Elgin Mental Health Center to undergo treatment after he was determined to be unfit to stand trial.
Existing law is silent as to what factors may be considered by the Department of Human Services in evaluating the most appropriate setting for the defendant’s treatment, Ramey said.
“This bill gives DHS the authority to take into consideration the proximity of the defendant to the surviving family members of the victim, which is something current law did not address,” Ramey said. “It’s a commonsense gesture the state can make to help ease the pain of the surviving family members.”
McNally agrees.
“It’s a step in the right direction,” she said. “Hopefully, it will progress to the House and the Senate, because it’s really just a commonsense type of legislation that didn’t exist prior to this.”
