Sen. Kwame Raoul

Filed: 4/6/2017

 

 


 

 


 
10000SB1722sam004LRB100 11347 RLC 24987 a

1
AMENDMENT TO SENATE BILL 1722

2    AMENDMENT NO. ______. Amend Senate Bill 1722 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Safe
5Neighborhoods Reform Act.
 
6    Section 5. The Criminal Identification Act is amended by
7changing Section 2.1 as follows:
 
8    (20 ILCS 2630/2.1)  (from Ch. 38, par. 206-2.1)
9    Sec. 2.1. For the purpose of maintaining complete and
10accurate criminal records of the Department of State Police, it
11is necessary for all policing bodies of this State, the clerk
12of the circuit court, the Illinois Department of Corrections,
13the sheriff of each county, and State's Attorney of each county
14to submit certain criminal arrest, charge, and disposition
15information to the Department for filing at the earliest time

 

 

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1possible. Unless otherwise noted herein, it shall be the duty
2of all policing bodies of this State, the clerk of the circuit
3court, the Illinois Department of Corrections, the sheriff of
4each county, and the State's Attorney of each county to report
5such information as provided in this Section, both in the form
6and manner required by the Department and within 30 days of the
7criminal history event. Specifically:
8    (a) Arrest Information. All agencies making arrests for
9offenses which are required by statute to be collected,
10maintained or disseminated by the Department of State Police
11shall be responsible for furnishing daily to the Department
12fingerprints, charges and descriptions of all persons who are
13arrested for such offenses. All such agencies shall also notify
14the Department of all decisions by the arresting agency not to
15refer such arrests for prosecution. With approval of the
16Department, an agency making such arrests may enter into
17arrangements with other agencies for the purpose of furnishing
18daily such fingerprints, charges and descriptions to the
19Department upon its behalf.
20    (b) Charge Information. The State's Attorney of each county
21shall notify the Department of all charges filed and all
22petitions filed alleging that a minor is delinquent, including
23all those added subsequent to the filing of a case, and whether
24charges were not filed in cases for which the Department has
25received information required to be reported pursuant to
26paragraph (a) of this Section. With approval of the Department,

 

 

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1the State's Attorney may enter into arrangements with other
2agencies for the purpose of furnishing the information required
3by this subsection (b) to the Department upon the State's
4Attorney's behalf.
5    (c) Disposition Information. The clerk of the circuit court
6of each county shall furnish the Department, in the form and
7manner required by the Supreme Court, with all final
8dispositions of cases for which the Department has received
9information required to be reported pursuant to paragraph (a)
10or (d) of this Section. Such information shall include, for
11each charge, all (1) judgments of not guilty, judgments of
12guilty including the sentence pronounced by the court with
13statutory citations to the relevant sentencing provision,
14findings that a minor is delinquent and any sentence made based
15on those findings, discharges and dismissals in the court; (2)
16reviewing court orders filed with the clerk of the circuit
17court which reverse or remand a reported conviction or findings
18that a minor is delinquent or that vacate or modify a sentence
19or sentence made following a trial that a minor is delinquent;
20(3) continuances to a date certain in furtherance of an order
21of supervision granted under Section 5-6-1 of the Unified Code
22of Corrections or an order of probation granted under Section
2310 of the Cannabis Control Act, Section 410 of the Illinois
24Controlled Substances Act, Section 70 of the Methamphetamine
25Control and Community Protection Act, Section 12-4.3 or
26subdivision (b)(1) of Section 12-3.05 of the Criminal Code of

 

 

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11961 or the Criminal Code of 2012, Section 10-102 of the
2Illinois Alcoholism and Other Drug Dependency Act, Section
340-10 of the Alcoholism and Other Drug Abuse and Dependency
4Act, Section 10 of the Steroid Control Act, or Section 5-615 of
5the Juvenile Court Act of 1987; and (4) judgments or court
6orders terminating or revoking a sentence to or juvenile
7disposition of probation, supervision or conditional discharge
8and any resentencing or new court orders entered by a juvenile
9court relating to the disposition of a minor's case involving
10delinquency after such revocation.
11    (d) Fingerprints After Sentencing.
12        (1) After the court pronounces sentence, sentences a
13    minor following a trial in which a minor was found to be
14    delinquent or issues an order of supervision or an order of
15    probation granted under Section 10 of the Cannabis Control
16    Act, Section 410 of the Illinois Controlled Substances Act,
17    Section 70 of the Methamphetamine Control and Community
18    Protection Act, Section 12-4.3 or subdivision (b)(1) of
19    Section 12-3.05 of the Criminal Code of 1961 or the
20    Criminal Code of 2012, Section 10-102 of the Illinois
21    Alcoholism and Other Drug Dependency Act, Section 40-10 of
22    the Alcoholism and Other Drug Abuse and Dependency Act,
23    Section 10 of the Steroid Control Act, or Section 5-615 of
24    the Juvenile Court Act of 1987 for any offense which is
25    required by statute to be collected, maintained, or
26    disseminated by the Department of State Police, the State's

 

 

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1    Attorney of each county shall ask the court to order a law
2    enforcement agency to fingerprint immediately all persons
3    appearing before the court who have not previously been
4    fingerprinted for the same case. The court shall so order
5    the requested fingerprinting, if it determines that any
6    such person has not previously been fingerprinted for the
7    same case. The law enforcement agency shall submit such
8    fingerprints to the Department daily.
9        (2) After the court pronounces sentence or makes a
10    disposition of a case following a finding of delinquency
11    for any offense which is not required by statute to be
12    collected, maintained, or disseminated by the Department
13    of State Police, the prosecuting attorney may ask the court
14    to order a law enforcement agency to fingerprint
15    immediately all persons appearing before the court who have
16    not previously been fingerprinted for the same case. The
17    court may so order the requested fingerprinting, if it
18    determines that any so sentenced person has not previously
19    been fingerprinted for the same case. The law enforcement
20    agency may retain such fingerprints in its files.
21    (e) Corrections Information. The Illinois Department of
22Corrections and the sheriff of each county shall furnish the
23Department with all information concerning the receipt,
24escape, execution, death, release, pardon, parole, commutation
25of sentence, granting of executive clemency or discharge of an
26individual who has been sentenced or committed to the agency's

 

 

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1custody for any offenses which are mandated by statute to be
2collected, maintained or disseminated by the Department of
3State Police. For an individual who has been charged with any
4such offense and who escapes from custody or dies while in
5custody, all information concerning the receipt and escape or
6death, whichever is appropriate, shall also be so furnished to
7the Department.
8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
9    Section 15. The Criminal Code of 2012 is amended by
10changing Sections 19-1, 24-1.1, and 24-1.6 as follows:
 
11    (720 ILCS 5/19-1)  (from Ch. 38, par. 19-1)
12    Sec. 19-1. Burglary.
13    (a) A person commits burglary when without authority he or
14she knowingly enters or without authority remains within a
15building, housetrailer, watercraft, aircraft, motor vehicle,
16railroad car, or any part thereof, with intent to commit
17therein a felony or theft. This offense shall not include the
18offenses set out in Section 4-102 of the Illinois Vehicle Code.
19    (b) Sentence.
20    Burglary committed in, and without causing damage to, a
21watercraft, aircraft, motor vehicle, railroad car, or any part
22thereof is a Class 3 felony. Burglary committed in a building,
23housetrailer, or any part thereof or while causing damage to a
24watercraft, aircraft, motor vehicle, railroad car, or any part

 

 

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1thereof is a Class 2 felony. A burglary committed in a school,
2day care center, day care home, group day care home, or part
3day child care facility, or place of worship is a Class 1
4felony, except that this provision does not apply to a day care
5center, day care home, group day care home, or part day child
6care facility operated in a private residence used as a
7dwelling.
8    (c) Regarding penalties prescribed in subsection (b) for
9violations committed in a day care center, day care home, group
10day care home, or part day child care facility, the time of
11day, time of year, and whether children under 18 years of age
12were present in the day care center, day care home, group day
13care home, or part day child care facility are irrelevant.
14(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)
 
15    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
16    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
17Felons or Persons in the Custody of the Department of
18Corrections Facilities.
19    (a) It is unlawful for a person to knowingly possess on or
20about his person or on his land or in his own abode or fixed
21place of business any weapon prohibited under Section 24-1 of
22this Act or any firearm or any firearm ammunition if the person
23has been convicted of a felony under the laws of this State or
24any other jurisdiction. This Section shall not apply if the
25person has been granted relief by the Director of the

 

 

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1Department of State Police under Section 10 of the Firearm
2Owners Identification Card Act.
3    (b) It is unlawful for any person confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, to possess any weapon prohibited under Section
624-1 of this Code or any firearm or firearm ammunition,
7regardless of the intent with which he possesses it.
8    (c) It shall be an affirmative defense to a violation of
9subsection (b), that such possession was specifically
10authorized by rule, regulation, or directive of the Illinois
11Department of Corrections or order issued pursuant thereto.
12    (d) The defense of necessity is not available to a person
13who is charged with a violation of subsection (b) of this
14Section.
15    (e) Sentence. Violation of this Section by a person not
16confined in a penal institution shall be a Class 3 felony for
17which the person shall be sentenced to no less than 2 years and
18no more than 10 years. A and any second or subsequent violation
19of this Section shall be a Class 2 felony for which the person
20shall be sentenced to a term of imprisonment of not less than 3
21years and not more than 14 years, except as provided for in
22Section 5-4.5-110 of the Unified Code of Corrections. Violation
23of this Section by a person not confined in a penal institution
24who has been convicted of a forcible felony, a felony violation
25of Article 24 of this Code or of the Firearm Owners
26Identification Card Act, stalking or aggravated stalking, or a

 

 

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1Class 2 or greater felony under the Illinois Controlled
2Substances Act, the Cannabis Control Act, or the
3Methamphetamine Control and Community Protection Act is a Class
42 felony for which the person shall be sentenced to not less
5than 3 years and not more than 14 years, except as provided for
6in Section 5-4.5-110 of the Unified Code of Corrections.
7Violation of this Section by a person who is on parole or
8mandatory supervised release is a Class 2 felony for which the
9person shall be sentenced to not less than 3 years and not more
10than 14 years, except as provided for in Section 5-4.5-110 of
11the Unified Code of Corrections. Violation of this Section by a
12person not confined in a penal institution is a Class X felony
13when the firearm possessed is a machine gun. Any person who
14violates this Section while confined in a penal institution,
15which is a facility of the Illinois Department of Corrections,
16is guilty of a Class 1 felony, if he possesses any weapon
17prohibited under Section 24-1 of this Code regardless of the
18intent with which he possesses it, a Class X felony if he
19possesses any firearm, firearm ammunition or explosive, and a
20Class X felony for which the offender shall be sentenced to not
21less than 12 years and not more than 50 years when the firearm
22possessed is a machine gun. A violation of this Section while
23wearing or in possession of body armor as defined in Section
2433F-1 is a Class X felony punishable by a term of imprisonment
25of not less than 10 years and not more than 40 years. The
26possession of each firearm or firearm ammunition in violation

 

 

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1of this Section constitutes a single and separate violation.
2(Source: P.A. 97-237, eff. 1-1-12.)
 
3    (720 ILCS 5/24-1.6)
4    Sec. 24-1.6. Aggravated unlawful use of a weapon.
5    (a) A person commits the offense of aggravated unlawful use
6of a weapon when he or she knowingly:
7        (1) Carries on or about his or her person or in any
8    vehicle or concealed on or about his or her person except
9    when on his or her land or in his or her abode, legal
10    dwelling, or fixed place of business, or on the land or in
11    the legal dwelling of another person as an invitee with
12    that person's permission, any pistol, revolver, stun gun or
13    taser or other firearm; or
14        (2) Carries or possesses on or about his or her person,
15    upon any public street, alley, or other public lands within
16    the corporate limits of a city, village or incorporated
17    town, except when an invitee thereon or therein, for the
18    purpose of the display of such weapon or the lawful
19    commerce in weapons, or except when on his or her own land
20    or in his or her own abode, legal dwelling, or fixed place
21    of business, or on the land or in the legal dwelling of
22    another person as an invitee with that person's permission,
23    any pistol, revolver, stun gun or taser or other firearm;
24    and
25        (3) One of the following factors is present:

 

 

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1            (A) the firearm, other than a pistol, revolver, or
2        handgun, possessed was uncased, loaded, and
3        immediately accessible at the time of the offense; or
4            (A-5) the pistol, revolver, or handgun possessed
5        was uncased, loaded, and immediately accessible at the
6        time of the offense and the person possessing the
7        pistol, revolver, or handgun has not been issued a
8        currently valid license under the Firearm Concealed
9        Carry Act; or
10            (B) the firearm, other than a pistol, revolver, or
11        handgun, possessed was uncased, unloaded, and the
12        ammunition for the weapon was immediately accessible
13        at the time of the offense; or
14            (B-5) the pistol, revolver, or handgun possessed
15        was uncased, unloaded, and the ammunition for the
16        weapon was immediately accessible at the time of the
17        offense and the person possessing the pistol,
18        revolver, or handgun has not been issued a currently
19        valid license under the Firearm Concealed Carry Act; or
20            (C) the person possessing the firearm has not been
21        issued a currently valid Firearm Owner's
22        Identification Card; or
23            (D) the person possessing the weapon was
24        previously adjudicated a delinquent minor under the
25        Juvenile Court Act of 1987 for an act that if committed
26        by an adult would be a felony; or

 

 

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1            (E) the person possessing the weapon was engaged in
2        a misdemeanor violation of the Cannabis Control Act, in
3        a misdemeanor violation of the Illinois Controlled
4        Substances Act, or in a misdemeanor violation of the
5        Methamphetamine Control and Community Protection Act;
6        or
7            (F) (blank); or
8            (G) the person possessing the weapon had an a order
9        of protection issued against him or her within the
10        previous 2 years; or
11            (H) the person possessing the weapon was engaged in
12        the commission or attempted commission of a
13        misdemeanor involving the use or threat of violence
14        against the person or property of another; or
15            (I) the person possessing the weapon was under 21
16        years of age and in possession of a handgun, unless the
17        person under 21 is engaged in lawful activities under
18        the Wildlife Code or described in subsection
19        24-2(b)(1), (b)(3), or 24-2(f).
20    (a-5) "Handgun" as used in this Section has the meaning
21given to it in Section 5 of the Firearm Concealed Carry Act.
22    (b) "Stun gun or taser" as used in this Section has the
23same definition given to it in Section 24-1 of this Code.
24    (c) This Section does not apply to or affect the
25transportation or possession of weapons that:
26        (i) are broken down in a non-functioning state; or

 

 

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1        (ii) are not immediately accessible; or
2        (iii) are unloaded and enclosed in a case, firearm
3    carrying box, shipping box, or other container by a person
4    who has been issued a currently valid Firearm Owner's
5    Identification Card.
6    (d) Sentence.
7         (1) Aggravated unlawful use of a weapon is a Class 4
8    felony; a second or subsequent offense is a Class 2 felony
9    for which the person shall be sentenced to a term of
10    imprisonment of not less than 3 years and not more than 7
11    years, except as provided for in Section 5-4.5-110 of the
12    Unified Code of Corrections.
13        (2) Except as otherwise provided in paragraphs (3) and
14    (4) of this subsection (d), a first offense of aggravated
15    unlawful use of a weapon committed with a firearm by a
16    person 18 years of age or older where the factors listed in
17    both items (A) and (C) or both items (A-5) and (C) of
18    paragraph (3) of subsection (a) are present is a Class 4
19    felony, for which the person shall be sentenced to a term
20    of imprisonment of not less than one year and not more than
21    3 years.
22        (3) Aggravated unlawful use of a weapon by a person who
23    has been previously convicted of a felony in this State or
24    another jurisdiction is a Class 2 felony for which the
25    person shall be sentenced to a term of imprisonment of not
26    less than 3 years and not more than 7 years, except as

 

 

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1    provided for in Section 5-4.5-110 of the Unified Code of
2    Corrections.
3        (4) Aggravated unlawful use of a weapon while wearing
4    or in possession of body armor as defined in Section 33F-1
5    by a person who has not been issued a valid Firearms
6    Owner's Identification Card in accordance with Section 5 of
7    the Firearm Owners Identification Card Act is a Class X
8    felony.
9    (e) The possession of each firearm in violation of this
10Section constitutes a single and separate violation.
11(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)
 
12    Section 20. The Cannabis Control Act is amended by changing
13Sections 5.2 and 10 as follows:
 
14    (720 ILCS 550/5.2)  (from Ch. 56 1/2, par. 705.2)
15    Sec. 5.2. Delivery of cannabis on school grounds.
16    (a) Any person who violates subsection (e) of Section 5 in
17any school, on the real property comprising any school, or any
18conveyance owned, leased or contracted by a school to transport
19students to or from school or a school related activity, or on
20any public way within 500 1,000 feet of the real property
21comprising any school, or in any conveyance owned, leased or
22contracted by a school to transport students to or from school
23or a school related activity, and at the time of the violation
24persons under the age of 18 are present, the offense is

 

 

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1committed during school hours, or the offense is committed at
2times when persons under the age of 18 are reasonably expected
3to be present in the school, in the conveyance, on the real
4property, or on the public way, such as when after-school
5activities are occurring, is guilty of a Class 1 felony, the
6fine for which shall not exceed $200,000;
7    (b) Any person who violates subsection (d) of Section 5 in
8any school, on the real property comprising any school, or any
9conveyance owned, leased or contracted by a school to transport
10students to or from school or a school related activity, or on
11any public way within 500 1,000 feet of the real property
12comprising any school, or in any conveyance owned, leased or
13contracted by a school to transport students to or from school
14or a school related activity, and at the time of the violation
15persons under the age of 18 are present, the offense is
16committed during school hours, or the offense is committed at
17times when persons under the age of 18 are reasonably expected
18to be present in the school, in the conveyance, on the real
19property, or on the public way, such as when after-school
20activities are occurring, is guilty of a Class 2 felony, the
21fine for which shall not exceed $100,000;
22    (c) Any person who violates subsection (c) of Section 5 in
23any school, on the real property comprising any school, or any
24conveyance owned, leased or contracted by a school to transport
25students to or from school or a school related activity, or on
26any public way within 500 1,000 feet of the real property

 

 

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1comprising any school, or in any conveyance owned, leased or
2contracted by a school to transport students to or from school
3or a school related activity, and at the time of the violation
4persons under the age of 18 are present, the offense is
5committed during school hours, or the offense is committed at
6times when persons under the age of 18 are reasonably expected
7to be present in the school, in the conveyance, on the real
8property, or on the public way, such as when after-school
9activities are occurring, is guilty of a Class 3 felony, the
10fine for which shall not exceed $50,000;
11    (d) Any person who violates subsection (b) of Section 5 in
12any school, on the real property comprising any school, or any
13conveyance owned, leased or contracted by a school to transport
14students to or from school or a school related activity, or on
15any public way within 500 1,000 feet of the real property
16comprising any school, or in any conveyance owned, leased or
17contracted by a school to transport students to or from school
18or a school related activity, and at the time of the violation
19persons under the age of 18 are present, the offense is
20committed during school hours, or the offense is committed at
21times when persons under the age of 18 are reasonably expected
22to be present in the school, in the conveyance, on the real
23property, or on the public way, such as when after-school
24activities are occurring, is guilty of a Class 4 felony, the
25fine for which shall not exceed $25,000;
26    (e) Any person who violates subsection (a) of Section 5 in

 

 

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1any school, on the real property comprising any school, or in
2any conveyance owned, leased or contracted by a school to
3transport students to or from school or a school related
4activity, on any public way within 500 1,000 feet of the real
5property comprising any school, or any conveyance owned, leased
6or contracted by a school to transport students to or from
7school or a school related activity, and at the time of the
8violation persons under the age of 18 are present, the offense
9is committed during school hours, or the offense is committed
10at times when persons under the age of 18 are reasonably
11expected to be present in the school, in the conveyance, on the
12real property, or on the public way, such as when after-school
13activities are occurring, is guilty of a Class A misdemeanor.
14(Source: P.A. 87-544.)
 
15    (720 ILCS 550/10)  (from Ch. 56 1/2, par. 710)
16    Sec. 10. (a) Whenever any person who has not previously
17been convicted of, or placed on probation or court supervision
18for, any felony offense under this Act or any law of the United
19States or of any State relating to cannabis, or controlled
20substances as defined in the Illinois Controlled Substances
21Act, pleads guilty to or is found guilty of violating Sections
224(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court
23may, without entering a judgment and with the consent of such
24person, sentence him to probation.
25    (b) When a person is placed on probation, the court shall

 

 

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1enter an order specifying a period of probation of 24 months,
2and shall defer further proceedings in the case until the
3conclusion of the period or until the filing of a petition
4alleging violation of a term or condition of probation.
5    (c) The conditions of probation shall be that the person:
6(1) not violate any criminal statute of any jurisdiction; (2)
7refrain from possession of a firearm or other dangerous weapon;
8(3) submit to periodic drug testing at a time and in a manner
9as ordered by the court, but no less than 3 times during the
10period of the probation, with the cost of the testing to be
11paid by the probationer; and (4) perform no less than 30 hours
12of community service, provided community service is available
13in the jurisdiction and is funded and approved by the county
14board.
15    (d) The court may, in addition to other conditions, require
16that the person:
17        (1) make a report to and appear in person before or
18    participate with the court or such courts, person, or
19    social service agency as directed by the court in the order
20    of probation;
21        (2) pay a fine and costs;
22        (3) work or pursue a course of study or vocational
23    training;
24        (4) undergo medical or psychiatric treatment; or
25    treatment for drug addiction or alcoholism;
26        (5) attend or reside in a facility established for the

 

 

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1    instruction or residence of defendants on probation;
2        (6) support his dependents;
3        (7) refrain from possessing a firearm or other
4    dangerous weapon;
5        (7-5) refrain from having in his or her body the
6    presence of any illicit drug prohibited by the Cannabis
7    Control Act, the Illinois Controlled Substances Act, or the
8    Methamphetamine Control and Community Protection Act,
9    unless prescribed by a physician, and submit samples of his
10    or her blood or urine or both for tests to determine the
11    presence of any illicit drug;
12        (8) and in addition, if a minor:
13            (i) reside with his parents or in a foster home;
14            (ii) attend school;
15            (iii) attend a non-residential program for youth;
16            (iv) contribute to his own support at home or in a
17        foster home.
18    (e) Upon violation of a term or condition of probation, the
19court may enter a judgment on its original finding of guilt and
20proceed as otherwise provided.
21    (f) Upon fulfillment of the terms and conditions of
22probation, the court shall discharge such person and dismiss
23the proceedings against him.
24    (g) A disposition of probation is considered to be a
25conviction for the purposes of imposing the conditions of
26probation and for appeal, however, discharge and dismissal

 

 

10000SB1722sam004- 20 -LRB100 11347 RLC 24987 a

1under this Section is not a conviction for purposes of
2disqualification or disabilities imposed by law upon
3conviction of a crime (including the additional penalty imposed
4for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
5of this Act).
6    (h) A person may not have more than one discharge Discharge
7and dismissal under this Section within a 4-year period ,
8Section 410 of the Illinois Controlled Substances Act, Section
970 of the Methamphetamine Control and Community Protection Act,
10Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
11or subsection (c) of Section 11-14 of the Criminal Code of 1961
12or the Criminal Code of 2012 may occur only once with respect
13to any person.
14    (i) If a person is convicted of an offense under this Act,
15the Illinois Controlled Substances Act, or the Methamphetamine
16Control and Community Protection Act within 5 years subsequent
17to a discharge and dismissal under this Section, the discharge
18and dismissal under this Section shall be admissible in the
19sentencing proceeding for that conviction as a factor in
20aggravation.
21    (j) Notwithstanding subsection (a), before a person is
22sentenced to probation under this Section, the court may refer
23the person to the drug court established in that judicial
24circuit pursuant to Section 15 of the Drug Court Treatment Act.
25The drug court team shall evaluate the person's likelihood of
26successfully completing a sentence of probation under this

 

 

10000SB1722sam004- 21 -LRB100 11347 RLC 24987 a

1Section and shall report the results of its evaluation to the
2court. If the drug court team finds that the person suffers
3from a substance abuse problem that makes him or her
4substantially unlikely to successfully complete a sentence of
5probation under this Section, then the drug court shall set
6forth its findings in the form of a written order, and the
7person shall not be sentenced to probation under this Section,
8but shall may be considered for the drug court program.
9(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
10    Section 25. The Illinois Controlled Substances Act is
11amended by changing Sections 407 and 410 as follows:
 
12    (720 ILCS 570/407)  (from Ch. 56 1/2, par. 1407)
13    Sec. 407. (a) (1)(A) Any person 18 years of age or over who
14violates any subsection of Section 401 or subsection (b) of
15Section 404 by delivering a controlled, counterfeit or
16look-alike substance to a person under 18 years of age may be
17sentenced to imprisonment for a term up to twice the maximum
18term and fined an amount up to twice that amount otherwise
19authorized by the pertinent subsection of Section 401 and
20Subsection (b) of Section 404.
21    (B) (Blank).
22    (2) Except as provided in paragraph (3) of this subsection,
23any person who violates:
24        (A) subsection (c) of Section 401 by delivering or

 

 

10000SB1722sam004- 22 -LRB100 11347 RLC 24987 a

1    possessing with intent to deliver a controlled,
2    counterfeit, or look-alike substance in or on, or within
3    500 1,000 feet of, a truck stop or safety rest area, is
4    guilty of a Class 1 felony, the fine for which shall not
5    exceed $250,000;
6        (B) subsection (d) of Section 401 by delivering or
7    possessing with intent to deliver a controlled,
8    counterfeit, or look-alike substance in or on, or within
9    500 1,000 feet of, a truck stop or safety rest area, is
10    guilty of a Class 2 felony, the fine for which shall not
11    exceed $200,000;
12        (C) subsection (e) of Section 401 or subsection (b) of
13    Section 404 by delivering or possessing with intent to
14    deliver a controlled, counterfeit, or look-alike substance
15    in or on, or within 500 1,000 feet of, a truck stop or
16    safety rest area, is guilty of a Class 3 felony, the fine
17    for which shall not exceed $150,000;
18        (D) subsection (f) of Section 401 by delivering or
19    possessing with intent to deliver a controlled,
20    counterfeit, or look-alike substance in or on, or within
21    500 1,000 feet of, a truck stop or safety rest area, is
22    guilty of a Class 3 felony, the fine for which shall not
23    exceed $125,000;
24        (E) subsection (g) of Section 401 by delivering or
25    possessing with intent to deliver a controlled,
26    counterfeit, or look-alike substance in or on, or within

 

 

10000SB1722sam004- 23 -LRB100 11347 RLC 24987 a

1    500 1,000 feet of, a truck stop or safety rest area, is
2    guilty of a Class 3 felony, the fine for which shall not
3    exceed $100,000;
4        (F) subsection (h) of Section 401 by delivering or
5    possessing with intent to deliver a controlled,
6    counterfeit, or look-alike substance in or on, or within
7    500 1,000 feet of, a truck stop or safety rest area, is
8    guilty of a Class 3 felony, the fine for which shall not
9    exceed $75,000;
10    (3) Any person who violates paragraph (2) of this
11subsection (a) by delivering or possessing with intent to
12deliver a controlled, counterfeit, or look-alike substance in
13or on, or within 500 1,000 feet of a truck stop or a safety rest
14area, following a prior conviction or convictions of paragraph
15(2) of this subsection (a) may be sentenced to a term of
16imprisonment up to 2 times the maximum term and fined an amount
17up to 2 times the amount otherwise authorized by Section 401.
18    (4) For the purposes of this subsection (a):
19        (A) "Safety rest area" means a roadside facility
20    removed from the roadway with parking and facilities
21    designed for motorists' rest, comfort, and information
22    needs; and
23        (B) "Truck stop" means any facility (and its parking
24    areas) used to provide fuel or service, or both, to any
25    commercial motor vehicle as defined in Section 18b-101 of
26    the Illinois Vehicle Code.

 

 

10000SB1722sam004- 24 -LRB100 11347 RLC 24987 a

1    (b) Any person who violates:
2        (1) subsection (c) of Section 401 in any school, on or
3    within 500 feet of the real property comprising any school,
4    or in any conveyance owned, leased or contracted by a
5    school to transport students to or from school or a school
6    related activity, and at the time of the violation persons
7    under the age of 18 are present, the offense is committed
8    during school hours, or the offense is committed at times
9    when persons under the age of 18 are reasonably expected to
10    be present in the school, in the conveyance, or on the real
11    property, such as when after-school activities are
12    occurring or residential property owned, operated or
13    managed by a public housing agency or leased by a public
14    housing agency as part of a scattered site or mixed-income
15    development, or in any public park or , on or within 500
16    feet of the real property comprising any school or
17    residential property owned, operated or managed by a public
18    housing agency or leased by a public housing agency as part
19    of a scattered site or mixed-income development, or public
20    park or within 1,000 feet of the real property comprising
21    any school or residential property owned, operated or
22    managed by a public housing agency or leased by a public
23    housing agency as part of a scattered site or mixed-income
24    development, or public park, on the real property
25    comprising any church, synagogue, or other building,
26    structure, or place used primarily for religious worship,

 

 

10000SB1722sam004- 25 -LRB100 11347 RLC 24987 a

1    or within 500 1,000 feet of the real property comprising
2    any church, synagogue, or other building, structure, or
3    place used primarily for religious worship, on the real
4    property comprising any of the following places,
5    buildings, or structures used primarily for housing or
6    providing space for activities for senior citizens:
7    nursing homes, assisted-living centers, senior citizen
8    housing complexes, or senior centers oriented toward
9    daytime activities, or within 500 1,000 feet of the real
10    property comprising any of the following places,
11    buildings, or structures used primarily for housing or
12    providing space for activities for senior citizens:
13    nursing homes, assisted-living centers, senior citizen
14    housing complexes, or senior centers oriented toward
15    daytime activities and at the time of the violation persons
16    are present or reasonably expected to be present in the
17    church, synagogue, or other building, structure, or place
18    used primarily for religious worship during worship
19    services, or in buildings or structures used primarily for
20    housing or providing space for activities for senior
21    citizens: nursing homes, assisted-living centers, senior
22    citizen housing complexes, or senior centers oriented
23    toward daytime activities during the hours those places,
24    buildings, or structures are open for those activities, or
25    on the real property is guilty of a Class X felony, the
26    fine for which shall not exceed $500,000;

 

 

10000SB1722sam004- 26 -LRB100 11347 RLC 24987 a

1        (2) subsection (d) of Section 401 in any school, on or
2    within 500 feet of the real property comprising any school,
3    or in any conveyance owned, leased or contracted by a
4    school to transport students to or from school or a school
5    related activity, and at the time of the violation persons
6    under the age of 18 are present, the offense is committed
7    during school hours, or the offense is committed at times
8    when persons under the age of 18 are reasonably expected to
9    be present in the school, in the conveyance, or on the real
10    property, such as when after-school activities are
11    occurring or residential property owned, operated or
12    managed by a public housing agency or leased by a public
13    housing agency as part of a scattered site or mixed-income
14    development, or in any public park or , on or within 500
15    feet of the real property comprising any school or
16    residential property owned, operated or managed by a public
17    housing agency or leased by a public housing agency as part
18    of a scattered site or mixed-income development, or public
19    park or within 1,000 feet of the real property comprising
20    any school or residential property owned, operated or
21    managed by a public housing agency or leased by a public
22    housing agency as part of a scattered site or mixed-income
23    development, or public park, on the real property
24    comprising any church, synagogue, or other building,
25    structure, or place used primarily for religious worship,
26    or within 500 1,000 feet of the real property comprising

 

 

10000SB1722sam004- 27 -LRB100 11347 RLC 24987 a

1    any church, synagogue, or other building, structure, or
2    place used primarily for religious worship, on the real
3    property comprising any of the following places,
4    buildings, or structures used primarily for housing or
5    providing space for activities for senior citizens:
6    nursing homes, assisted-living centers, senior citizen
7    housing complexes, or senior centers oriented toward
8    daytime activities, or within 500 1,000 feet of the real
9    property comprising any of the following places,
10    buildings, or structures used primarily for housing or
11    providing space for activities for senior citizens:
12    nursing homes, assisted-living centers, senior citizen
13    housing complexes, or senior centers oriented toward
14    daytime activities and at the time of the violation persons
15    are present or reasonably expected to be present in the
16    church, synagogue, or other building, structure, or place
17    used primarily for religious worship during worship
18    services, or in buildings or structures used primarily for
19    housing or providing space for activities for senior
20    citizens: nursing homes, assisted-living centers, senior
21    citizen housing complexes, or senior centers oriented
22    toward daytime activities during the hours those places,
23    buildings, or structures are open for those activities, or
24    on the real property is guilty of a Class 1 felony, the
25    fine for which shall not exceed $250,000;
26        (3) subsection (e) of Section 401 or Subsection (b) of

 

 

10000SB1722sam004- 28 -LRB100 11347 RLC 24987 a

1    Section 404 in any school, on or within 500 feet of the
2    real property comprising any school, or in any conveyance
3    owned, leased or contracted by a school to transport
4    students to or from school or a school related activity,
5    and at the time of the violation persons under the age of
6    18 are present, the offense is committed during school
7    hours, or the offense is committed at times when persons
8    under the age of 18 are reasonably expected to be present
9    in the school, in the conveyance, or on the real property,
10    such as when after-school activities are occurring or
11    residential property owned, operated or managed by a public
12    housing agency or leased by a public housing agency as part
13    of a scattered site or mixed-income development, or in any
14    public park or , on or within 500 feet of the real property
15    comprising any school or residential property owned,
16    operated or managed by a public housing agency or leased by
17    a public housing agency as part of a scattered site or
18    mixed-income development, or public park or within 1,000
19    feet of the real property comprising any school or
20    residential property owned, operated or managed by a public
21    housing agency or leased by a public housing agency as part
22    of a scattered site or mixed-income development, or public
23    park, on the real property comprising any church,
24    synagogue, or other building, structure, or place used
25    primarily for religious worship, or within 500 1,000 feet
26    of the real property comprising any church, synagogue, or

 

 

10000SB1722sam004- 29 -LRB100 11347 RLC 24987 a

1    other building, structure, or place used primarily for
2    religious worship, on the real property comprising any of
3    the following places, buildings, or structures used
4    primarily for housing or providing space for activities for
5    senior citizens: nursing homes, assisted-living centers,
6    senior citizen housing complexes, or senior centers
7    oriented toward daytime activities, or within 500 1,000
8    feet of the real property comprising any of the following
9    places, buildings, or structures used primarily for
10    housing or providing space for activities for senior
11    citizens: nursing homes, assisted-living centers, senior
12    citizen housing complexes, or senior centers oriented
13    toward daytime activities and at the time of the violation
14    persons are present or reasonably expected to be present in
15    the church, synagogue, or other building, structure, or
16    place used primarily for religious worship during worship
17    services, or in buildings or structures used primarily for
18    housing or providing space for activities for senior
19    citizens: nursing homes, assisted-living centers, senior
20    citizen housing complexes, or senior centers oriented
21    toward daytime activities during the hours those places,
22    buildings, or structures are open for those activities, or
23    on the real property is guilty of a Class 2 felony, the
24    fine for which shall not exceed $200,000;
25        (4) subsection (f) of Section 401 in any school, on or
26    within 500 feet of the real property comprising any school,

 

 

10000SB1722sam004- 30 -LRB100 11347 RLC 24987 a

1    or in any conveyance owned, leased or contracted by a
2    school to transport students to or from school or a school
3    related activity, and at the time of the violation persons
4    under the age of 18 are present, the offense is committed
5    during school hours, or the offense is committed at times
6    when persons under the age of 18 are reasonably expected to
7    be present in the school, in the conveyance, or on the real
8    property, such as when after-school activities are
9    occurring or residential property owned, operated or
10    managed by a public housing agency or leased by a public
11    housing agency as part of a scattered site or mixed-income
12    development, or in any public park or , on or within 500
13    feet of the real property comprising any school or
14    residential property owned, operated or managed by a public
15    housing agency or leased by a public housing agency as part
16    of a scattered site or mixed-income development, or public
17    park or within 1,000 feet of the real property comprising
18    any school or residential property owned, operated or
19    managed by a public housing agency or leased by a public
20    housing agency as part of a scattered site or mixed-income
21    development, or public park, on the real property
22    comprising any church, synagogue, or other building,
23    structure, or place used primarily for religious worship,
24    or within 500 1,000 feet of the real property comprising
25    any church, synagogue, or other building, structure, or
26    place used primarily for religious worship, on the real

 

 

10000SB1722sam004- 31 -LRB100 11347 RLC 24987 a

1    property comprising any of the following places,
2    buildings, or structures used primarily for housing or
3    providing space for activities for senior citizens:
4    nursing homes, assisted-living centers, senior citizen
5    housing complexes, or senior centers oriented toward
6    daytime activities, or within 500 1,000 feet of the real
7    property comprising any of the following places,
8    buildings, or structures used primarily for housing or
9    providing space for activities for senior citizens:
10    nursing homes, assisted-living centers, senior citizen
11    housing complexes, or senior centers oriented toward
12    daytime activities and at the time of the violation persons
13    are present or reasonably expected to be present in the
14    church, synagogue, or other building, structure, or place
15    used primarily for religious worship during worship
16    services, or in buildings or structures used primarily for
17    housing or providing space for activities for senior
18    citizens: nursing homes, assisted-living centers, senior
19    citizen housing complexes, or senior centers oriented
20    toward daytime activities during the hours those places,
21    buildings, or structures are open for those activities, or
22    on the real property is guilty of a Class 2 felony, the
23    fine for which shall not exceed $150,000;
24        (5) subsection (g) of Section 401 in any school, on or
25    within 500 feet of the real property comprising any school,
26    or in any conveyance owned, leased or contracted by a

 

 

10000SB1722sam004- 32 -LRB100 11347 RLC 24987 a

1    school to transport students to or from school or a school
2    related activity, and at the time of the violation persons
3    under the age of 18 are present, the offense is committed
4    during school hours, or the offense is committed at times
5    when persons under the age of 18 are reasonably expected to
6    be present in the school, in the conveyance, or on the real
7    property, such as when after-school activities are
8    occurring or residential property owned, operated or
9    managed by a public housing agency or leased by a public
10    housing agency as part of a scattered site or mixed-income
11    development, or in any public park or , on or within 500
12    feet of the real property comprising any school or
13    residential property owned, operated or managed by a public
14    housing agency or leased by a public housing agency as part
15    of a scattered site or mixed-income development, or public
16    park or within 1,000 feet of the real property comprising
17    any school or residential property owned, operated or
18    managed by a public housing agency or leased by a public
19    housing agency as part of a scattered site or mixed-income
20    development, or public park, on the real property
21    comprising any church, synagogue, or other building,
22    structure, or place used primarily for religious worship,
23    or within 500 1,000 feet of the real property comprising
24    any church, synagogue, or other building, structure, or
25    place used primarily for religious worship, on the real
26    property comprising any of the following places,

 

 

10000SB1722sam004- 33 -LRB100 11347 RLC 24987 a

1    buildings, or structures used primarily for housing or
2    providing space for activities for senior citizens:
3    nursing homes, assisted-living centers, senior citizen
4    housing complexes, or senior centers oriented toward
5    daytime activities, or within 500 1,000 feet of the real
6    property comprising any of the following places,
7    buildings, or structures used primarily for housing or
8    providing space for activities for senior citizens:
9    nursing homes, assisted-living centers, senior citizen
10    housing complexes, or senior centers oriented toward
11    daytime activities and at the time of the violation persons
12    are present or reasonably expected to be present in the
13    church, synagogue, or other building, structure, or place
14    used primarily for religious worship during worship
15    services, or in buildings or structures used primarily for
16    housing or providing space for activities for senior
17    citizens: nursing homes, assisted-living centers, senior
18    citizen housing complexes, or senior centers oriented
19    toward daytime activities during the hours those places,
20    buildings, or structures are open for those activities, or
21    on the real property is guilty of a Class 2 felony, the
22    fine for which shall not exceed $125,000;
23        (6) subsection (h) of Section 401 in any school, on or
24    within 500 feet of the real property comprising any school,
25    or in any conveyance owned, leased or contracted by a
26    school to transport students to or from school or a school

 

 

10000SB1722sam004- 34 -LRB100 11347 RLC 24987 a

1    related activity, and at the time of the violation persons
2    under the age of 18 are present, the offense is committed
3    during school hours, or the offense is committed at times
4    when persons under the age of 18 are reasonably expected to
5    be present in the school, in the conveyance, or on the real
6    property, such as when after-school activities are
7    occurring or residential property owned, operated or
8    managed by a public housing agency or leased by a public
9    housing agency as part of a scattered site or mixed-income
10    development, or in any public park or , on or within 500
11    feet of the real property comprising any school or
12    residential property owned, operated or managed by a public
13    housing agency or leased by a public housing agency as part
14    of a scattered site or mixed-income development, or public
15    park or within 1,000 feet of the real property comprising
16    any school or residential property owned, operated or
17    managed by a public housing agency or leased by a public
18    housing agency as part of a scattered site or mixed-income
19    development, or public park, on the real property
20    comprising any church, synagogue, or other building,
21    structure, or place used primarily for religious worship,
22    or within 500 1,000 feet of the real property comprising
23    any church, synagogue, or other building, structure, or
24    place used primarily for religious worship, on the real
25    property comprising any of the following places,
26    buildings, or structures used primarily for housing or

 

 

10000SB1722sam004- 35 -LRB100 11347 RLC 24987 a

1    providing space for activities for senior citizens:
2    nursing homes, assisted-living centers, senior citizen
3    housing complexes, or senior centers oriented toward
4    daytime activities, or within 500 1,000 feet of the real
5    property comprising any of the following places,
6    buildings, or structures used primarily for housing or
7    providing space for activities for senior citizens:
8    nursing homes, assisted-living centers, senior citizen
9    housing complexes, or senior centers oriented toward
10    daytime activities and at the time of the violation persons
11    are present or reasonably expected to be present in the
12    church, synagogue, or other building, structure, or place
13    used primarily for religious worship during worship
14    services, or in buildings or structures used primarily for
15    housing or providing space for activities for senior
16    citizens: nursing homes, assisted-living centers, senior
17    citizen housing complexes, or senior centers oriented
18    toward daytime activities during the hours those places,
19    buildings, or structures are open for those activities, or
20    on the real property is guilty of a Class 2 felony, the
21    fine for which shall not exceed $100,000.
22    (c) Regarding penalties prescribed in subsection (b) for
23violations committed in a school or on or within 500 1,000 feet
24of school property, the time of day and , time of year and
25whether classes were currently in session at the time of the
26offense is irrelevant.

 

 

10000SB1722sam004- 36 -LRB100 11347 RLC 24987 a

1(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
2    (720 ILCS 570/410)  (from Ch. 56 1/2, par. 1410)
3    Sec. 410. (a) Whenever any person who has not previously
4been convicted of, or placed on probation or court supervision
5for any felony offense under this Act or any law of the United
6States or of any State relating to cannabis or controlled
7substances, pleads guilty to or is found guilty of possession
8of a controlled or counterfeit substance under subsection (c)
9of Section 402 or of unauthorized possession of prescription
10form under Section 406.2, the court, without entering a
11judgment and with the consent of such person, may sentence him
12or her to probation.
13    (b) When a person is placed on probation, the court shall
14enter an order specifying a period of probation of 24 months
15and shall defer further proceedings in the case until the
16conclusion of the period or until the filing of a petition
17alleging violation of a term or condition of probation.
18    (c) The conditions of probation shall be that the person:
19(1) not violate any criminal statute of any jurisdiction; (2)
20refrain from possessing a firearm or other dangerous weapon;
21(3) submit to periodic drug testing at a time and in a manner
22as ordered by the court, but no less than 3 times during the
23period of the probation, with the cost of the testing to be
24paid by the probationer; and (4) perform no less than 30 hours
25of community service, provided community service is available

 

 

10000SB1722sam004- 37 -LRB100 11347 RLC 24987 a

1in the jurisdiction and is funded and approved by the county
2board.
3    (d) The court may, in addition to other conditions, require
4that the person:
5        (1) make a report to and appear in person before or
6    participate with the court or such courts, person, or
7    social service agency as directed by the court in the order
8    of probation;
9        (2) pay a fine and costs;
10        (3) work or pursue a course of study or vocational
11    training;
12        (4) undergo medical or psychiatric treatment; or
13    treatment or rehabilitation approved by the Illinois
14    Department of Human Services;
15        (5) attend or reside in a facility established for the
16    instruction or residence of defendants on probation;
17        (6) support his or her dependents;
18        (6-5) refrain from having in his or her body the
19    presence of any illicit drug prohibited by the Cannabis
20    Control Act, the Illinois Controlled Substances Act, or the
21    Methamphetamine Control and Community Protection Act,
22    unless prescribed by a physician, and submit samples of his
23    or her blood or urine or both for tests to determine the
24    presence of any illicit drug;
25        (7) and in addition, if a minor:
26            (i) reside with his or her parents or in a foster

 

 

10000SB1722sam004- 38 -LRB100 11347 RLC 24987 a

1        home;
2            (ii) attend school;
3            (iii) attend a non-residential program for youth;
4            (iv) contribute to his or her own support at home
5        or in a foster home.
6    (e) Upon violation of a term or condition of probation, the
7court may enter a judgment on its original finding of guilt and
8proceed as otherwise provided.
9    (f) Upon fulfillment of the terms and conditions of
10probation, the court shall discharge the person and dismiss the
11proceedings against him or her.
12    (g) A disposition of probation is considered to be a
13conviction for the purposes of imposing the conditions of
14probation and for appeal, however, discharge and dismissal
15under this Section is not a conviction for purposes of this Act
16or for purposes of disqualifications or disabilities imposed by
17law upon conviction of a crime.
18    (h) A person may not have more than There may be only one
19discharge and dismissal under this Section within a 4-year
20period , Section 10 of the Cannabis Control Act, Section 70 of
21the Methamphetamine Control and Community Protection Act,
22Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections,
23or subsection (c) of Section 11-14 of the Criminal Code of 1961
24or the Criminal Code of 2012 with respect to any person.
25    (i) If a person is convicted of an offense under this Act,
26the Cannabis Control Act, or the Methamphetamine Control and

 

 

10000SB1722sam004- 39 -LRB100 11347 RLC 24987 a

1Community Protection Act within 5 years subsequent to a
2discharge and dismissal under this Section, the discharge and
3dismissal under this Section shall be admissible in the
4sentencing proceeding for that conviction as evidence in
5aggravation.
6    (j) Notwithstanding subsection (a), before a person is
7sentenced to probation under this Section, the court may refer
8the person to the drug court established in that judicial
9circuit pursuant to Section 15 of the Drug Court Treatment Act.
10The drug court team shall evaluate the person's likelihood of
11successfully completing a sentence of probation under this
12Section and shall report the results of its evaluation to the
13court. If the drug court team finds that the person suffers
14from a substance abuse problem that makes him or her
15substantially unlikely to successfully complete a sentence of
16probation under this Section, then the drug court shall set
17forth its findings in the form of a written order, and the
18person shall not be sentenced to probation under this Section,
19but shall may be considered for the drug court program.
20(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
21    Section 30. The Methamphetamine Control and Community
22Protection Act is amended by changing Sections 15, 55, and 70
23as follows:
 
24    (720 ILCS 646/15)

 

 

10000SB1722sam004- 40 -LRB100 11347 RLC 24987 a

1    Sec. 15. Participation in methamphetamine manufacturing.
2    (a) Participation in methamphetamine manufacturing.
3        (1) It is unlawful to knowingly participate in the
4    manufacture of methamphetamine with the intent that
5    methamphetamine or a substance containing methamphetamine
6    be produced.
7        (2) A person who violates paragraph (1) of this
8    subsection (a) is subject to the following penalties:
9            (A) A person who participates in the manufacture of
10        less than 15 grams of methamphetamine or a substance
11        containing methamphetamine is guilty of a Class 1
12        felony.
13            (B) A person who participates in the manufacture of
14        15 or more grams but less than 100 grams of
15        methamphetamine or a substance containing
16        methamphetamine is guilty of a Class X felony, subject
17        to a term of imprisonment of not less than 6 years and
18        not more than 30 years, and subject to a fine not to
19        exceed $100,000 or the street value of the
20        methamphetamine manufactured, whichever is greater.
21            (C) A person who participates in the manufacture of
22        100 or more grams but less than 400 grams of
23        methamphetamine or a substance containing
24        methamphetamine is guilty of a Class X felony, subject
25        to a term of imprisonment of not less than 9 years and
26        not more than 40 years, and subject to a fine not to

 

 

10000SB1722sam004- 41 -LRB100 11347 RLC 24987 a

1        exceed $200,000 or the street value of the
2        methamphetamine manufactured, whichever is greater.
3            (D) A person who participates in the manufacture of
4        400 or more grams but less than 900 grams of
5        methamphetamine or a substance containing
6        methamphetamine is guilty of a Class X felony, subject
7        to a term of imprisonment of not less than 12 years and
8        not more than 50 years, and subject to a fine not to
9        exceed $300,000 or the street value of the
10        methamphetamine manufactured, whichever is greater.
11            (E) A person who participates in the manufacture of
12        900 grams or more of methamphetamine or a substance
13        containing methamphetamine is guilty of a Class X
14        felony, subject to a term of imprisonment of not less
15        than 15 years and not more than 60 years, and subject
16        to a fine not to exceed $400,000 or the street value of
17        the methamphetamine, whichever is greater.
18    (b) Aggravated participation in methamphetamine
19manufacturing.
20        (1) It is unlawful to engage in aggravated
21    participation in the manufacture of methamphetamine. A
22    person engages in aggravated participation in the
23    manufacture of methamphetamine when the person violates
24    paragraph (1) of subsection (a) and:
25            (A) the person knowingly does so in a multi-unit
26        dwelling;

 

 

10000SB1722sam004- 42 -LRB100 11347 RLC 24987 a

1            (B) the person knowingly does so in a structure or
2        vehicle where a child under the age of 18, a person
3        with a disability, or a person 60 years of age or older
4        who is incapable of adequately providing for his or her
5        own health and personal care resides, is present, or is
6        endangered by the manufacture of methamphetamine;
7            (C) the person does so in a structure or vehicle
8        where a woman the person knows to be pregnant
9        (including but not limited to the person herself)
10        resides, is present, or is endangered by the
11        methamphetamine manufacture;
12            (D) the person knowingly does so in a structure or
13        vehicle protected by one or more firearms, explosive
14        devices, booby traps, alarm systems, surveillance
15        systems, guard dogs, or dangerous animals;
16            (E) the methamphetamine manufacturing in which the
17        person participates is a contributing cause of the
18        death, serious bodily injury, disability, or
19        disfigurement of another person, including but not
20        limited to an emergency service provider;
21            (F) the methamphetamine manufacturing in which the
22        person participates is a contributing cause of a fire
23        or explosion that damages property belonging to
24        another person;
25            (G) the person knowingly organizes, directs, or
26        finances the methamphetamine manufacturing or

 

 

10000SB1722sam004- 43 -LRB100 11347 RLC 24987 a

1        activities carried out in support of the
2        methamphetamine manufacturing; or
3            (H) the methamphetamine manufacturing occurs
4        within 500 1,000 feet of a place of worship or
5        parsonage, or within 500 1,000 feet of the real
6        property comprising any school at a time when children,
7        clergy, patrons, staff, or other persons are present or
8        any activity sanctioned by the place of worship or
9        parsonage or school is taking place.
10        (2) A person who violates paragraph (1) of this
11    subsection (b) is subject to the following penalties:
12            (A) A person who participates in the manufacture of
13        less than 15 grams of methamphetamine or a substance
14        containing methamphetamine is guilty of a Class X
15        felony, subject to a term of imprisonment of not less
16        than 6 years and not more than 30 years, and subject to
17        a fine not to exceed $100,000 or the street value of
18        the methamphetamine, whichever is greater.
19            (B) A person who participates in the manufacture of
20        15 or more grams but less than 100 grams of
21        methamphetamine or a substance containing
22        methamphetamine is guilty of a Class X felony, subject
23        to a term of imprisonment of not less than 9 years and
24        not more than 40 years, and subject to a fine not to
25        exceed $200,000 or the street value of the
26        methamphetamine, whichever is greater.

 

 

10000SB1722sam004- 44 -LRB100 11347 RLC 24987 a

1            (C) A person who participates in the manufacture of
2        100 or more grams but less than 400 grams of
3        methamphetamine or a substance containing
4        methamphetamine is guilty of a Class X felony, subject
5        to a term of imprisonment of not less than 12 years and
6        not more than 50 years, and subject to a fine not to
7        exceed $300,000 or the street value of the
8        methamphetamine, whichever is greater.
9            (D) A person who participates in the manufacture of
10        400 grams or more of methamphetamine or a substance
11        containing methamphetamine is guilty of a Class X
12        felony, subject to a term of imprisonment of not less
13        than 15 years and not more than 60 years, and subject
14        to a fine not to exceed $400,000 or the street value of
15        the methamphetamine, whichever is greater.
16(Source: P.A. 98-980, eff. 1-1-15.)
 
17    (720 ILCS 646/55)
18    Sec. 55. Methamphetamine delivery.
19    (a) Delivery or possession with intent to deliver
20methamphetamine or a substance containing methamphetamine.
21        (1) It is unlawful knowingly to engage in the delivery
22    or possession with intent to deliver methamphetamine or a
23    substance containing methamphetamine.
24        (2) A person who violates paragraph (1) of this
25    subsection (a) is subject to the following penalties:

 

 

10000SB1722sam004- 45 -LRB100 11347 RLC 24987 a

1            (A) A person who delivers or possesses with intent
2        to deliver less than 5 grams of methamphetamine or a
3        substance containing methamphetamine is guilty of a
4        Class 2 felony.
5            (B) A person who delivers or possesses with intent
6        to deliver 5 or more grams but less than 15 grams of
7        methamphetamine or a substance containing
8        methamphetamine is guilty of a Class 1 felony.
9            (C) A person who delivers or possesses with intent
10        to deliver 15 or more grams but less than 100 grams of
11        methamphetamine or a substance containing
12        methamphetamine is guilty of a Class X felony, subject
13        to a term of imprisonment of not less than 6 years and
14        not more than 30 years, and subject to a fine not to
15        exceed $100,000 or the street value of the
16        methamphetamine, whichever is greater.
17            (D) A person who delivers or possesses with intent
18        to deliver 100 or more grams but less than 400 grams of
19        methamphetamine or a substance containing
20        methamphetamine is guilty of a Class X felony, subject
21        to a term of imprisonment of not less than 9 years and
22        not more than 40 years, and subject to a fine not to
23        exceed $200,000 or the street value of the
24        methamphetamine, whichever is greater.
25            (E) A person who delivers or possesses with intent
26        to deliver 400 or more grams but less than 900 grams of

 

 

10000SB1722sam004- 46 -LRB100 11347 RLC 24987 a

1        methamphetamine or a substance containing
2        methamphetamine is guilty of a Class X felony, subject
3        to a term of imprisonment of not less than 12 years and
4        not more than 50 years, and subject to a fine not to
5        exceed $300,000 or the street value of the
6        methamphetamine, whichever is greater.
7            (F) A person who delivers or possesses with intent
8        to deliver 900 or more grams of methamphetamine or a
9        substance containing methamphetamine is guilty of a
10        Class X felony, subject to a term of imprisonment of
11        not less than 15 years and not more than 60 years, and
12        subject to a fine not to exceed $400,000 or the street
13        value of the methamphetamine, whichever is greater.
14    (b) Aggravated delivery or possession with intent to
15deliver methamphetamine or a substance containing
16methamphetamine.
17        (1) It is unlawful to engage in the aggravated delivery
18    or possession with intent to deliver methamphetamine or a
19    substance containing methamphetamine. A person engages in
20    the aggravated delivery or possession with intent to
21    deliver methamphetamine or a substance containing
22    methamphetamine when the person violates paragraph (1) of
23    subsection (a) of this Section and:
24            (A) the person is at least 18 years of age and
25        knowingly delivers or possesses with intent to deliver
26        the methamphetamine or substance containing

 

 

10000SB1722sam004- 47 -LRB100 11347 RLC 24987 a

1        methamphetamine to a person under 18 years of age;
2            (B) the person is at least 18 years of age and
3        knowingly uses, engages, employs, or causes another
4        person to use, engage, or employ a person under 18
5        years of age to deliver the methamphetamine or
6        substance containing methamphetamine;
7            (C) the person knowingly delivers or possesses
8        with intent to deliver the methamphetamine or
9        substance containing methamphetamine in any structure
10        or vehicle protected by one or more firearms, explosive
11        devices, booby traps, alarm systems, surveillance
12        systems, guard dogs, or dangerous animals;
13            (D) the person knowingly delivers or possesses
14        with intent to deliver the methamphetamine or
15        substance containing methamphetamine in any school, on
16        any real property comprising any school, or in any
17        conveyance owned, leased, or contracted by a school to
18        transport students to or from school or a
19        school-related activity and at the time of the
20        violation persons under the age of 18 are present, the
21        offense is committed during school hours, or the
22        offense is committed at times when persons under the
23        age of 18 are reasonably expected to be present in the
24        school, in the conveyance, or on the real property,
25        such as when after-school activities are occurring;
26            (E) the person delivers or causes another person to

 

 

10000SB1722sam004- 48 -LRB100 11347 RLC 24987 a

1        deliver the methamphetamine or substance containing
2        methamphetamine to a woman that the person knows to be
3        pregnant; or
4            (F) (blank).
5        (2) A person who violates paragraph (1) of this
6    subsection (b) is subject to the following penalties:
7            (A) A person who delivers or possesses with intent
8        to deliver less than 5 grams of methamphetamine or a
9        substance containing methamphetamine is guilty of a
10        Class 1 felony.
11            (B) A person who delivers or possesses with intent
12        to deliver 5 or more grams but less than 15 grams of
13        methamphetamine or a substance containing
14        methamphetamine is guilty of a Class X felony, subject
15        to a term of imprisonment of not less than 6 years and
16        not more than 30 years, and subject to a fine not to
17        exceed $100,000 or the street value of the
18        methamphetamine, whichever is greater.
19            (C) A person who delivers or possesses with intent
20        to deliver 15 or more grams but less than 100 grams of
21        methamphetamine or a substance containing
22        methamphetamine is guilty of a Class X felony, subject
23        to a term of imprisonment of not less than 8 years and
24        not more than 40 years, and subject to a fine not to
25        exceed $200,000 or the street value of the
26        methamphetamine, whichever is greater.

 

 

10000SB1722sam004- 49 -LRB100 11347 RLC 24987 a

1            (D) A person who delivers or possesses with intent
2        to deliver 100 or more grams of methamphetamine or a
3        substance containing methamphetamine is guilty of a
4        Class X felony, subject to a term of imprisonment of
5        not less than 10 years and not more than 50 years, and
6        subject to a fine not to exceed $300,000 or the street
7        value of the methamphetamine, whichever is greater.
8(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
 
9    (720 ILCS 646/70)
10    Sec. 70. Probation.
11    (a) Whenever any person who has not previously been
12convicted of, or placed on probation or court supervision for
13any felony offense under this Act, the Illinois Controlled
14Substances Act, the Cannabis Control Act, or any law of the
15United States or of any state relating to cannabis or
16controlled substances, pleads guilty to or is found guilty of
17possession of less than 15 grams of methamphetamine under
18paragraph (1) or (2) of subsection (b) of Section 60 of this
19Act, the court, without entering a judgment and with the
20consent of the person, may sentence him or her to probation.
21    (b) When a person is placed on probation, the court shall
22enter an order specifying a period of probation of 24 months
23and shall defer further proceedings in the case until the
24conclusion of the period or until the filing of a petition
25alleging violation of a term or condition of probation.

 

 

10000SB1722sam004- 50 -LRB100 11347 RLC 24987 a

1    (c) The conditions of probation shall be that the person:
2        (1) not violate any criminal statute of any
3    jurisdiction;
4        (2) refrain from possessing a firearm or other
5    dangerous weapon;
6        (3) submit to periodic drug testing at a time and in a
7    manner as ordered by the court, but no less than 3 times
8    during the period of the probation, with the cost of the
9    testing to be paid by the probationer; and
10        (4) perform no less than 30 hours of community service,
11    if community service is available in the jurisdiction and
12    is funded and approved by the county board.
13    (d) The court may, in addition to other conditions, require
14that the person take one or more of the following actions:
15        (1) make a report to and appear in person before or
16    participate with the court or such courts, person, or
17    social service agency as directed by the court in the order
18    of probation;
19        (2) pay a fine and costs;
20        (3) work or pursue a course of study or vocational
21    training;
22        (4) undergo medical or psychiatric treatment; or
23    treatment or rehabilitation approved by the Illinois
24    Department of Human Services;
25        (5) attend or reside in a facility established for the
26    instruction or residence of defendants on probation;

 

 

10000SB1722sam004- 51 -LRB100 11347 RLC 24987 a

1        (6) support his or her dependents;
2        (7) refrain from having in his or her body the presence
3    of any illicit drug prohibited by this Act, the Cannabis
4    Control Act, or the Illinois Controlled Substances Act,
5    unless prescribed by a physician, and submit samples of his
6    or her blood or urine or both for tests to determine the
7    presence of any illicit drug; or
8        (8) if a minor:
9            (i) reside with his or her parents or in a foster
10        home;
11            (ii) attend school;
12            (iii) attend a non-residential program for youth;
13        or
14            (iv) contribute to his or her own support at home
15        or in a foster home.
16    (e) Upon violation of a term or condition of probation, the
17court may enter a judgment on its original finding of guilt and
18proceed as otherwise provided.
19    (f) Upon fulfillment of the terms and conditions of
20probation, the court shall discharge the person and dismiss the
21proceedings against the person.
22    (g) A disposition of probation is considered to be a
23conviction for the purposes of imposing the conditions of
24probation and for appeal, however, discharge and dismissal
25under this Section is not a conviction for purposes of this Act
26or for purposes of disqualifications or disabilities imposed by

 

 

10000SB1722sam004- 52 -LRB100 11347 RLC 24987 a

1law upon conviction of a crime.
2    (h) A person may not have more than There may be only one
3discharge and dismissal under this Section within a 4-year
4period , Section 410 of the Illinois Controlled Substances Act,
5Section 10 of the Cannabis Control Act, Section 5-6-3.3 or
65-6-3.4 of the Unified Code of Corrections, or subsection (c)
7of Section 11-14 of the Criminal Code of 1961 or the Criminal
8Code of 2012 with respect to any person.
9    (i) If a person is convicted of an offense under this Act,
10the Cannabis Control Act, or the Illinois Controlled Substances
11Act within 5 years subsequent to a discharge and dismissal
12under this Section, the discharge and dismissal under this
13Section are admissible in the sentencing proceeding for that
14conviction as evidence in aggravation.
15    (j) Notwithstanding subsection (a), before a person is
16sentenced to probation under this Section, the court may refer
17the person to the drug court established in that judicial
18circuit pursuant to Section 15 of the Drug Court Treatment Act.
19The drug court team shall evaluate the person's likelihood of
20successfully completing a sentence of probation under this
21Section and shall report the results of its evaluation to the
22court. If the drug court team finds that the person suffers
23from a substance abuse problem that makes him or her
24substantially unlikely to successfully complete a sentence of
25probation under this Section, then the drug court shall set
26forth its findings in the form of a written order, and the

 

 

10000SB1722sam004- 53 -LRB100 11347 RLC 24987 a

1person shall not be sentenced to probation under this Section,
2but shall may be considered for the drug court program.
3(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
 
4    Section 35. The Unified Code of Corrections is amended by
5changing Sections 3-3-8, 3-6-3, 5-4.5-95, 5-6-3.3, 5-6-3.4,
6and 5-8-8 and by adding Section 5-4.5-110 as follows:
 
7    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
8    Sec. 3-3-8. Length of parole and mandatory supervised
9release; discharge.
10    (a) The length of parole for a person sentenced under the
11law in effect prior to the effective date of this amendatory
12Act of 1977 and the length of mandatory supervised release for
13those sentenced under the law in effect on and after such
14effective date shall be as set out in Section 5-8-1 unless
15sooner terminated under paragraph (b) of this Section.
16    (b) The Prisoner Review Board may enter an order releasing
17and discharging one from parole or mandatory supervised
18release, and his or her commitment to the Department, when it
19determines that he or she is likely to remain at liberty
20without committing another offense.
21    (b-1) Provided that the subject is in compliance with the
22terms and conditions of his or her parole or mandatory
23supervised release, the Prisoner Review Board may reduce the
24period of a parolee or releasee's parole or mandatory

 

 

10000SB1722sam004- 54 -LRB100 11347 RLC 24987 a

1supervised release by 90 days upon the parolee or releasee
2receiving a high school diploma or upon passage of high school
3equivalency testing during the period of his or her parole or
4mandatory supervised release. This reduction in the period of a
5subject's term of parole or mandatory supervised release shall
6be available only to subjects who have not previously earned a
7high school diploma or who have not previously passed high
8school equivalency testing.
9    (b-2) The Prisoner Review Board may release a low-risk and
10need subject person from mandatory supervised release as
11determined by an appropriate evidence-based risk and need
12assessment.
13    (c) The order of discharge shall become effective upon
14entry of the order of the Board. The Board shall notify the
15clerk of the committing court of the order. Upon receipt of
16such copy, the clerk shall make an entry on the record judgment
17that the sentence or commitment has been satisfied pursuant to
18the order.
19    (d) Rights of the person discharged under this Section
20shall be restored under Section 5-5-5.
21(Source: P.A. 98-558, eff. 1-1-14; 98-718, eff. 1-1-15; 99-268,
22eff. 1-1-16; 99-628, eff. 1-1-17.)
 
23    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
24    (Text of Section before amendment by P.A. 99-938)
25    Sec. 3-6-3. Rules and regulations for sentence credit.

 

 

10000SB1722sam004- 55 -LRB100 11347 RLC 24987 a

1    (a)(1) The Department of Corrections shall prescribe rules
2and regulations for awarding and revoking sentence credit for
3persons committed to the Department which shall be subject to
4review by the Prisoner Review Board.
5    (1.5) As otherwise provided by law, sentence credit may be
6awarded for the following:
7        (A) successful completion of programming while in
8    custody of the Department or while in custody prior to
9    sentencing;
10        (B) compliance with the rules and regulations of the
11    Department; or
12        (C) service to the institution, service to a community,
13    or service to the State.
14    (2) The rules and regulations on sentence credit shall
15provide, with respect to offenses listed in clause (i), (ii),
16or (iii) of this paragraph (2) committed on or after June 19,
171998 or with respect to the offense listed in clause (iv) of
18this paragraph (2) committed on or after June 23, 2005 (the
19effective date of Public Act 94-71) or with respect to offense
20listed in clause (vi) committed on or after June 1, 2008 (the
21effective date of Public Act 95-625) or with respect to the
22offense of being an armed habitual criminal committed on or
23after August 2, 2005 (the effective date of Public Act 94-398)
24or with respect to the offenses listed in clause (v) of this
25paragraph (2) committed on or after August 13, 2007 (the
26effective date of Public Act 95-134) or with respect to the

 

 

10000SB1722sam004- 56 -LRB100 11347 RLC 24987 a

1offense of aggravated domestic battery committed on or after
2July 23, 2010 (the effective date of Public Act 96-1224) or
3with respect to the offense of attempt to commit terrorism
4committed on or after January 1, 2013 (the effective date of
5Public Act 97-990), the following:
6        (i) that a prisoner who is serving a term of
7    imprisonment for first degree murder or for the offense of
8    terrorism shall receive no sentence credit and shall serve
9    the entire sentence imposed by the court;
10        (ii) that a prisoner serving a sentence for attempt to
11    commit terrorism, attempt to commit first degree murder,
12    solicitation of murder, solicitation of murder for hire,
13    intentional homicide of an unborn child, predatory
14    criminal sexual assault of a child, aggravated criminal
15    sexual assault, criminal sexual assault, aggravated
16    kidnapping, aggravated battery with a firearm as described
17    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
18    (e)(4) of Section 12-3.05, heinous battery as described in
19    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
20    being an armed habitual criminal, aggravated battery of a
21    senior citizen as described in Section 12-4.6 or
22    subdivision (a)(4) of Section 12-3.05, or aggravated
23    battery of a child as described in Section 12-4.3 or
24    subdivision (b)(1) of Section 12-3.05 shall receive no more
25    than 4.5 days of sentence credit for each month of his or
26    her sentence of imprisonment;

 

 

10000SB1722sam004- 57 -LRB100 11347 RLC 24987 a

1        (iii) that a prisoner serving a sentence for home
2    invasion, armed robbery, aggravated vehicular hijacking,
3    aggravated discharge of a firearm, or armed violence with a
4    category I weapon or category II weapon, when the court has
5    made and entered a finding, pursuant to subsection (c-1) of
6    Section 5-4-1 of this Code, that the conduct leading to
7    conviction for the enumerated offense resulted in great
8    bodily harm to a victim, shall receive no more than 4.5
9    days of sentence credit for each month of his or her
10    sentence of imprisonment;
11        (iv) that a prisoner serving a sentence for aggravated
12    discharge of a firearm, whether or not the conduct leading
13    to conviction for the offense resulted in great bodily harm
14    to the victim, shall receive no more than 4.5 days of
15    sentence credit for each month of his or her sentence of
16    imprisonment;
17        (v) that a person serving a sentence for gunrunning,
18    narcotics racketeering, controlled substance trafficking,
19    methamphetamine trafficking, drug-induced homicide,
20    aggravated methamphetamine-related child endangerment,
21    money laundering pursuant to clause (c) (4) or (5) of
22    Section 29B-1 of the Criminal Code of 1961 or the Criminal
23    Code of 2012, or a Class X felony conviction for delivery
24    of a controlled substance, possession of a controlled
25    substance with intent to manufacture or deliver,
26    calculated criminal drug conspiracy, criminal drug

 

 

10000SB1722sam004- 58 -LRB100 11347 RLC 24987 a

1    conspiracy, street gang criminal drug conspiracy,
2    participation in methamphetamine manufacturing, aggravated
3    participation in methamphetamine manufacturing, delivery
4    of methamphetamine, possession with intent to deliver
5    methamphetamine, aggravated delivery of methamphetamine,
6    aggravated possession with intent to deliver
7    methamphetamine, methamphetamine conspiracy when the
8    substance containing the controlled substance or
9    methamphetamine is 100 grams or more shall receive no more
10    than 7.5 days sentence credit for each month of his or her
11    sentence of imprisonment;
12        (vi) that a prisoner serving a sentence for a second or
13    subsequent offense of luring a minor shall receive no more
14    than 4.5 days of sentence credit for each month of his or
15    her sentence of imprisonment; and
16        (vii) that a prisoner serving a sentence for aggravated
17    domestic battery shall receive no more than 4.5 days of
18    sentence credit for each month of his or her sentence of
19    imprisonment.
20    (2.1) For all offenses, other than those enumerated in
21subdivision (a)(2)(i), (ii), or (iii) committed on or after
22June 19, 1998 or subdivision (a)(2)(iv) committed on or after
23June 23, 2005 (the effective date of Public Act 94-71) or
24subdivision (a)(2)(v) committed on or after August 13, 2007
25(the effective date of Public Act 95-134) or subdivision
26(a)(2)(vi) committed on or after June 1, 2008 (the effective

 

 

10000SB1722sam004- 59 -LRB100 11347 RLC 24987 a

1date of Public Act 95-625) or subdivision (a)(2)(vii) committed
2on or after July 23, 2010 (the effective date of Public Act
396-1224), and other than the offense of aggravated driving
4under the influence of alcohol, other drug or drugs, or
5intoxicating compound or compounds, or any combination thereof
6as defined in subparagraph (F) of paragraph (1) of subsection
7(d) of Section 11-501 of the Illinois Vehicle Code, and other
8than the offense of aggravated driving under the influence of
9alcohol, other drug or drugs, or intoxicating compound or
10compounds, or any combination thereof as defined in
11subparagraph (C) of paragraph (1) of subsection (d) of Section
1211-501 of the Illinois Vehicle Code committed on or after
13January 1, 2011 (the effective date of Public Act 96-1230), the
14rules and regulations shall provide that a prisoner who is
15serving a term of imprisonment shall receive one day of
16sentence credit for each day of his or her sentence of
17imprisonment or recommitment under Section 3-3-9. Each day of
18sentence credit shall reduce by one day the prisoner's period
19of imprisonment or recommitment under Section 3-3-9.
20    (2.2) A prisoner serving a term of natural life
21imprisonment or a prisoner who has been sentenced to death
22shall receive no sentence credit.
23    (2.3) The rules and regulations on sentence credit shall
24provide that a prisoner who is serving a sentence for
25aggravated driving under the influence of alcohol, other drug
26or drugs, or intoxicating compound or compounds, or any

 

 

10000SB1722sam004- 60 -LRB100 11347 RLC 24987 a

1combination thereof as defined in subparagraph (F) of paragraph
2(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
3Code, shall receive no more than 4.5 days of sentence credit
4for each month of his or her sentence of imprisonment.
5    (2.4) The rules and regulations on sentence credit shall
6provide with respect to the offenses of aggravated battery with
7a machine gun or a firearm equipped with any device or
8attachment designed or used for silencing the report of a
9firearm or aggravated discharge of a machine gun or a firearm
10equipped with any device or attachment designed or used for
11silencing the report of a firearm, committed on or after July
1215, 1999 (the effective date of Public Act 91-121), that a
13prisoner serving a sentence for any of these offenses shall
14receive no more than 4.5 days of sentence credit for each month
15of his or her sentence of imprisonment.
16    (2.5) The rules and regulations on sentence credit shall
17provide that a prisoner who is serving a sentence for
18aggravated arson committed on or after July 27, 2001 (the
19effective date of Public Act 92-176) shall receive no more than
204.5 days of sentence credit for each month of his or her
21sentence of imprisonment.
22    (2.6) The rules and regulations on sentence credit shall
23provide that a prisoner who is serving a sentence for
24aggravated driving under the influence of alcohol, other drug
25or drugs, or intoxicating compound or compounds or any
26combination thereof as defined in subparagraph (C) of paragraph

 

 

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1(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
2Code committed on or after January 1, 2011 (the effective date
3of Public Act 96-1230) shall receive no more than 4.5 days of
4sentence credit for each month of his or her sentence of
5imprisonment.
6    (3) The rules and regulations shall also provide that the
7Director may award up to 180 days additional sentence credit
8for good conduct in specific instances as the Director deems
9proper. The good conduct may include, but is not limited to,
10compliance with the rules and regulations of the Department,
11service to the Department, service to a community, or service
12to the State. However, the Director shall not award more than
1390 days of sentence credit for good conduct to any prisoner who
14is serving a sentence for conviction of first degree murder,
15reckless homicide while under the influence of alcohol or any
16other drug, or aggravated driving under the influence of
17alcohol, other drug or drugs, or intoxicating compound or
18compounds, or any combination thereof as defined in
19subparagraph (F) of paragraph (1) of subsection (d) of Section
2011-501 of the Illinois Vehicle Code, aggravated kidnapping,
21kidnapping, predatory criminal sexual assault of a child,
22aggravated criminal sexual assault, criminal sexual assault,
23deviate sexual assault, aggravated criminal sexual abuse,
24aggravated indecent liberties with a child, indecent liberties
25with a child, child pornography, heinous battery as described
26in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,

 

 

10000SB1722sam004- 62 -LRB100 11347 RLC 24987 a

1aggravated battery of a spouse, aggravated battery of a spouse
2with a firearm, stalking, aggravated stalking, aggravated
3battery of a child as described in Section 12-4.3 or
4subdivision (b)(1) of Section 12-3.05, endangering the life or
5health of a child, or cruelty to a child. Notwithstanding the
6foregoing, sentence credit for good conduct shall not be
7awarded on a sentence of imprisonment imposed for conviction
8of: (i) one of the offenses enumerated in subdivision
9(a)(2)(i), (ii), or (iii) when the offense is committed on or
10after June 19, 1998 or subdivision (a)(2)(iv) when the offense
11is committed on or after June 23, 2005 (the effective date of
12Public Act 94-71) or subdivision (a)(2)(v) when the offense is
13committed on or after August 13, 2007 (the effective date of
14Public Act 95-134) or subdivision (a)(2)(vi) when the offense
15is committed on or after June 1, 2008 (the effective date of
16Public Act 95-625) or subdivision (a)(2)(vii) when the offense
17is committed on or after July 23, 2010 (the effective date of
18Public Act 96-1224), (ii) aggravated driving under the
19influence of alcohol, other drug or drugs, or intoxicating
20compound or compounds, or any combination thereof as defined in
21subparagraph (F) of paragraph (1) of subsection (d) of Section
2211-501 of the Illinois Vehicle Code, (iii) one of the offenses
23enumerated in subdivision (a)(2.4) when the offense is
24committed on or after July 15, 1999 (the effective date of
25Public Act 91-121), (iv) aggravated arson when the offense is
26committed on or after July 27, 2001 (the effective date of

 

 

10000SB1722sam004- 63 -LRB100 11347 RLC 24987 a

1Public Act 92-176), (v) offenses that may subject the offender
2to commitment under the Sexually Violent Persons Commitment
3Act, or (vi) aggravated driving under the influence of alcohol,
4other drug or drugs, or intoxicating compound or compounds or
5any combination thereof as defined in subparagraph (C) of
6paragraph (1) of subsection (d) of Section 11-501 of the
7Illinois Vehicle Code committed on or after January 1, 2011
8(the effective date of Public Act 96-1230).
9    Eligible inmates for an award of sentence credit under this
10paragraph (3) may be selected to receive the credit at the
11Director's or his or her designee's sole discretion.
12Consideration may be based on, but not limited to, any
13available risk assessment analysis on the inmate, any history
14of conviction for violent crimes as defined by the Rights of
15Crime Victims and Witnesses Act, facts and circumstances of the
16inmate's holding offense or offenses, and the potential for
17rehabilitation.
18    The Director shall not award sentence credit under this
19paragraph (3) to an inmate unless the inmate has served a
20minimum of 60 days of the sentence; except nothing in this
21paragraph shall be construed to permit the Director to extend
22an inmate's sentence beyond that which was imposed by the
23court. Prior to awarding credit under this paragraph (3), the
24Director shall make a written determination that the inmate:
25        (A) is eligible for the sentence credit;
26        (B) has served a minimum of 60 days, or as close to 60

 

 

10000SB1722sam004- 64 -LRB100 11347 RLC 24987 a

1    days as the sentence will allow; and
2        (C) has met the eligibility criteria established by
3    rule.
4    The Director shall determine the form and content of the
5written determination required in this subsection.
6    (3.5) The Department shall provide annual written reports
7to the Governor and the General Assembly on the award of
8sentence credit for good conduct, with the first report due
9January 1, 2014. The Department must publish both reports on
10its website within 48 hours of transmitting the reports to the
11Governor and the General Assembly. The reports must include:
12        (A) the number of inmates awarded sentence credit for
13    good conduct;
14        (B) the average amount of sentence credit for good
15    conduct awarded;
16        (C) the holding offenses of inmates awarded sentence
17    credit for good conduct; and
18        (D) the number of sentence credit for good conduct
19    revocations.
20    (4) The rules and regulations shall also provide that the
21sentence credit accumulated and retained under paragraph (2.1)
22of subsection (a) of this Section by any inmate during specific
23periods of time in which such inmate is engaged full-time in
24substance abuse programs, correctional industry assignments,
25educational programs, behavior modification programs, life
26skills courses, or re-entry planning provided by the Department

 

 

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1under this paragraph (4) and satisfactorily completes the
2assigned program as determined by the standards of the
3Department, shall be multiplied by a factor of 1.25 for program
4participation before August 11, 1993 and 1.50 for program
5participation on or after that date. The rules and regulations
6shall also provide that sentence credit, subject to the same
7offense limits and multiplier provided in this paragraph, may
8be provided to an inmate who was held in pre-trial detention
9prior to his or her current commitment to the Department of
10Corrections and successfully completed a full-time, 60-day or
11longer substance abuse program, educational program, behavior
12modification program, life skills course, or re-entry planning
13provided by the county department of corrections or county
14jail. Calculation of this county program credit shall be done
15at sentencing as provided in Section 5-4.5-100 of this Code and
16shall be included in the sentencing order. However, no inmate
17shall be eligible for the additional sentence credit under this
18paragraph (4) or (4.1) of this subsection (a) while assigned to
19a boot camp or electronic detention, or if convicted of an
20offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of
21this Section that is committed on or after June 19, 1998 or
22subdivision (a)(2)(iv) of this Section that is committed on or
23after June 23, 2005 (the effective date of Public Act 94-71) or
24subdivision (a)(2)(v) of this Section that is committed on or
25after August 13, 2007 (the effective date of Public Act 95-134)
26or subdivision (a)(2)(vi) when the offense is committed on or

 

 

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1after June 1, 2008 (the effective date of Public Act 95-625) or
2subdivision (a)(2)(vii) when the offense is committed on or
3after July 23, 2010 (the effective date of Public Act 96-1224),
4or if convicted of aggravated driving under the influence of
5alcohol, other drug or drugs, or intoxicating compound or
6compounds or any combination thereof as defined in subparagraph
7(F) of paragraph (1) of subsection (d) of Section 11-501 of the
8Illinois Vehicle Code, or if convicted of aggravated driving
9under the influence of alcohol, other drug or drugs, or
10intoxicating compound or compounds or any combination thereof
11as defined in subparagraph (C) of paragraph (1) of subsection
12(d) of Section 11-501 of the Illinois Vehicle Code committed on
13or after January 1, 2011 (the effective date of Public Act
1496-1230), or if convicted of an offense enumerated in paragraph
15(a)(2.4) of this Section that is committed on or after July 15,
161999 (the effective date of Public Act 91-121), or first degree
17murder, a Class X felony, criminal sexual assault, felony
18criminal sexual abuse, aggravated criminal sexual abuse,
19aggravated battery with a firearm as described in Section
2012-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
21Section 12-3.05, or any predecessor or successor offenses with
22the same or substantially the same elements, or any inchoate
23offenses relating to the foregoing offenses. No inmate shall be
24eligible for the additional good conduct credit under this
25paragraph (4) who (i) has previously received increased good
26conduct credit under this paragraph (4) and has subsequently

 

 

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1been convicted of a felony, or (ii) has previously served more
2than one prior sentence of imprisonment for a felony in an
3adult correctional facility.
4    Educational, vocational, substance abuse, behavior
5modification programs, life skills courses, re-entry planning,
6and correctional industry programs under which sentence credit
7may be increased under this paragraph (4) and paragraph (4.1)
8of this subsection (a) shall be evaluated by the Department on
9the basis of documented standards. The Department shall report
10the results of these evaluations to the Governor and the
11General Assembly by September 30th of each year. The reports
12shall include data relating to the recidivism rate among
13program participants.
14    Availability of these programs shall be subject to the
15limits of fiscal resources appropriated by the General Assembly
16for these purposes. Eligible inmates who are denied immediate
17admission shall be placed on a waiting list under criteria
18established by the Department. The inability of any inmate to
19become engaged in any such programs by reason of insufficient
20program resources or for any other reason established under the
21rules and regulations of the Department shall not be deemed a
22cause of action under which the Department or any employee or
23agent of the Department shall be liable for damages to the
24inmate.
25    (4.1) The rules and regulations shall also provide that an
26additional 90 days of sentence credit shall be awarded to any

 

 

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1prisoner who passes high school equivalency testing while the
2prisoner is committed to the Department of Corrections. The
3sentence credit awarded under this paragraph (4.1) shall be in
4addition to, and shall not affect, the award of sentence credit
5under any other paragraph of this Section, but shall also be
6pursuant to the guidelines and restrictions set forth in
7paragraph (4) of subsection (a) of this Section. The sentence
8credit provided for in this paragraph shall be available only
9to those prisoners who have not previously earned a high school
10diploma or a high school equivalency certificate. If, after an
11award of the high school equivalency testing sentence credit
12has been made, the Department determines that the prisoner was
13not eligible, then the award shall be revoked. The Department
14may also award 90 days of sentence credit to any committed
15person who passed high school equivalency testing while he or
16she was held in pre-trial detention prior to the current
17commitment to the Department of Corrections.
18    (4.5) The rules and regulations on sentence credit shall
19also provide that when the court's sentencing order recommends
20a prisoner for substance abuse treatment and the crime was
21committed on or after September 1, 2003 (the effective date of
22Public Act 93-354), the prisoner shall receive no sentence
23credit awarded under clause (3) of this subsection (a) unless
24he or she participates in and completes a substance abuse
25treatment program. The Director may waive the requirement to
26participate in or complete a substance abuse treatment program

 

 

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1and award the sentence credit in specific instances if the
2prisoner is not a good candidate for a substance abuse
3treatment program for medical, programming, or operational
4reasons. Availability of substance abuse treatment shall be
5subject to the limits of fiscal resources appropriated by the
6General Assembly for these purposes. If treatment is not
7available and the requirement to participate and complete the
8treatment has not been waived by the Director, the prisoner
9shall be placed on a waiting list under criteria established by
10the Department. The Director may allow a prisoner placed on a
11waiting list to participate in and complete a substance abuse
12education class or attend substance abuse self-help meetings in
13lieu of a substance abuse treatment program. A prisoner on a
14waiting list who is not placed in a substance abuse program
15prior to release may be eligible for a waiver and receive
16sentence credit under clause (3) of this subsection (a) at the
17discretion of the Director.
18    (4.6) The rules and regulations on sentence credit shall
19also provide that a prisoner who has been convicted of a sex
20offense as defined in Section 2 of the Sex Offender
21Registration Act shall receive no sentence credit unless he or
22she either has successfully completed or is participating in
23sex offender treatment as defined by the Sex Offender
24Management Board. However, prisoners who are waiting to receive
25treatment, but who are unable to do so due solely to the lack
26of resources on the part of the Department, may, at the

 

 

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1Director's sole discretion, be awarded sentence credit at a
2rate as the Director shall determine.
3    (5) Whenever the Department is to release any inmate
4earlier than it otherwise would because of a grant of sentence
5credit for good conduct under paragraph (3) of subsection (a)
6of this Section given at any time during the term, the
7Department shall give reasonable notice of the impending
8release not less than 14 days prior to the date of the release
9to the State's Attorney of the county where the prosecution of
10the inmate took place, and if applicable, the State's Attorney
11of the county into which the inmate will be released. The
12Department must also make identification information and a
13recent photo of the inmate being released accessible on the
14Internet by means of a hyperlink labeled "Community
15Notification of Inmate Early Release" on the Department's World
16Wide Web homepage. The identification information shall
17include the inmate's: name, any known alias, date of birth,
18physical characteristics, commitment offense and county where
19conviction was imposed. The identification information shall
20be placed on the website within 3 days of the inmate's release
21and the information may not be removed until either: completion
22of the first year of mandatory supervised release or return of
23the inmate to custody of the Department.
24    (b) Whenever a person is or has been committed under
25several convictions, with separate sentences, the sentences
26shall be construed under Section 5-8-4 in granting and

 

 

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1forfeiting of sentence credit.
2    (c) The Department shall prescribe rules and regulations
3for revoking sentence credit, including revoking sentence
4credit awarded for good conduct under paragraph (3) of
5subsection (a) of this Section. The Department shall prescribe
6rules and regulations for suspending or reducing the rate of
7accumulation of sentence credit for specific rule violations,
8during imprisonment. These rules and regulations shall provide
9that no inmate may be penalized more than one year of sentence
10credit for any one infraction.
11    When the Department seeks to revoke, suspend or reduce the
12rate of accumulation of any sentence credits for an alleged
13infraction of its rules, it shall bring charges therefor
14against the prisoner sought to be so deprived of sentence
15credits before the Prisoner Review Board as provided in
16subparagraph (a)(4) of Section 3-3-2 of this Code, if the
17amount of credit at issue exceeds 30 days or when during any 12
18month period, the cumulative amount of credit revoked exceeds
1930 days except where the infraction is committed or discovered
20within 60 days of scheduled release. In those cases, the
21Department of Corrections may revoke up to 30 days of sentence
22credit. The Board may subsequently approve the revocation of
23additional sentence credit, if the Department seeks to revoke
24sentence credit in excess of 30 days. However, the Board shall
25not be empowered to review the Department's decision with
26respect to the loss of 30 days of sentence credit within any

 

 

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1calendar year for any prisoner or to increase any penalty
2beyond the length requested by the Department.
3    The Director of the Department of Corrections, in
4appropriate cases, may restore up to 30 days of sentence
5credits which have been revoked, suspended or reduced. Any
6restoration of sentence credits in excess of 30 days shall be
7subject to review by the Prisoner Review Board. However, the
8Board may not restore sentence credit in excess of the amount
9requested by the Director.
10    Nothing contained in this Section shall prohibit the
11Prisoner Review Board from ordering, pursuant to Section
123-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
13sentence imposed by the court that was not served due to the
14accumulation of sentence credit.
15    (d) If a lawsuit is filed by a prisoner in an Illinois or
16federal court against the State, the Department of Corrections,
17or the Prisoner Review Board, or against any of their officers
18or employees, and the court makes a specific finding that a
19pleading, motion, or other paper filed by the prisoner is
20frivolous, the Department of Corrections shall conduct a
21hearing to revoke up to 180 days of sentence credit by bringing
22charges against the prisoner sought to be deprived of the
23sentence credits before the Prisoner Review Board as provided
24in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
25prisoner has not accumulated 180 days of sentence credit at the
26time of the finding, then the Prisoner Review Board may revoke

 

 

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1all sentence credit accumulated by the prisoner.
2    For purposes of this subsection (d):
3        (1) "Frivolous" means that a pleading, motion, or other
4    filing which purports to be a legal document filed by a
5    prisoner in his or her lawsuit meets any or all of the
6    following criteria:
7            (A) it lacks an arguable basis either in law or in
8        fact;
9            (B) it is being presented for any improper purpose,
10        such as to harass or to cause unnecessary delay or
11        needless increase in the cost of litigation;
12            (C) the claims, defenses, and other legal
13        contentions therein are not warranted by existing law
14        or by a nonfrivolous argument for the extension,
15        modification, or reversal of existing law or the
16        establishment of new law;
17            (D) the allegations and other factual contentions
18        do not have evidentiary support or, if specifically so
19        identified, are not likely to have evidentiary support
20        after a reasonable opportunity for further
21        investigation or discovery; or
22            (E) the denials of factual contentions are not
23        warranted on the evidence, or if specifically so
24        identified, are not reasonably based on a lack of
25        information or belief.
26        (2) "Lawsuit" means a motion pursuant to Section 116-3

 

 

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1    of the Code of Criminal Procedure of 1963, a habeas corpus
2    action under Article X of the Code of Civil Procedure or
3    under federal law (28 U.S.C. 2254), a petition for claim
4    under the Court of Claims Act, an action under the federal
5    Civil Rights Act (42 U.S.C. 1983), or a second or
6    subsequent petition for post-conviction relief under
7    Article 122 of the Code of Criminal Procedure of 1963
8    whether filed with or without leave of court or a second or
9    subsequent petition for relief from judgment under Section
10    2-1401 of the Code of Civil Procedure.
11    (e) Nothing in Public Act 90-592 or 90-593 affects the
12validity of Public Act 89-404.
13    (f) Whenever the Department is to release any inmate who
14has been convicted of a violation of an order of protection
15under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
16the Criminal Code of 2012, earlier than it otherwise would
17because of a grant of sentence credit, the Department, as a
18condition of release, shall require that the person, upon
19release, be placed under electronic surveillance as provided in
20Section 5-8A-7 of this Code.
21(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,
22eff. 1-1-16; 99-642, eff. 7-28-16.)
 
23    (Text of Section after amendment by P.A. 99-938)
24    Sec. 3-6-3. Rules and regulations for sentence credit.
25    (a)(1) The Department of Corrections shall prescribe rules

 

 

10000SB1722sam004- 75 -LRB100 11347 RLC 24987 a

1and regulations for awarding and revoking sentence credit for
2persons committed to the Department which shall be subject to
3review by the Prisoner Review Board.
4    (1.5) As otherwise provided by law, sentence credit may be
5awarded for the following:
6        (A) successful completion of programming while in
7    custody of the Department or while in custody prior to
8    sentencing;
9        (B) compliance with the rules and regulations of the
10    Department; or
11        (C) service to the institution, service to a community,
12    or service to the State.
13    (2) Except as provided in paragraph (4.7) of this
14subsection (a), the The rules and regulations on sentence
15credit shall provide, with respect to offenses listed in clause
16(i), (ii), or (iii) of this paragraph (2) committed on or after
17June 19, 1998 or with respect to the offense listed in clause
18(iv) of this paragraph (2) committed on or after June 23, 2005
19(the effective date of Public Act 94-71) or with respect to
20offense listed in clause (vi) committed on or after June 1,
212008 (the effective date of Public Act 95-625) or with respect
22to the offense of being an armed habitual criminal committed on
23or after August 2, 2005 (the effective date of Public Act
2494-398) or with respect to the offenses listed in clause (v) of
25this paragraph (2) committed on or after August 13, 2007 (the
26effective date of Public Act 95-134) or with respect to the

 

 

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1offense of aggravated domestic battery committed on or after
2July 23, 2010 (the effective date of Public Act 96-1224) or
3with respect to the offense of attempt to commit terrorism
4committed on or after January 1, 2013 (the effective date of
5Public Act 97-990), the following:
6        (i) that a prisoner who is serving a term of
7    imprisonment for first degree murder or for the offense of
8    terrorism shall receive no sentence credit and shall serve
9    the entire sentence imposed by the court;
10        (ii) that a prisoner serving a sentence for attempt to
11    commit terrorism, attempt to commit first degree murder,
12    solicitation of murder, solicitation of murder for hire,
13    intentional homicide of an unborn child, predatory
14    criminal sexual assault of a child, aggravated criminal
15    sexual assault, criminal sexual assault, aggravated
16    kidnapping, aggravated battery with a firearm as described
17    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
18    (e)(4) of Section 12-3.05, heinous battery as described in
19    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
20    being an armed habitual criminal, aggravated battery of a
21    senior citizen as described in Section 12-4.6 or
22    subdivision (a)(4) of Section 12-3.05, or aggravated
23    battery of a child as described in Section 12-4.3 or
24    subdivision (b)(1) of Section 12-3.05 shall receive no more
25    than 4.5 days of sentence credit for each month of his or
26    her sentence of imprisonment;

 

 

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1        (iii) that a prisoner serving a sentence for home
2    invasion, armed robbery, aggravated vehicular hijacking,
3    aggravated discharge of a firearm, or armed violence with a
4    category I weapon or category II weapon, when the court has
5    made and entered a finding, pursuant to subsection (c-1) of
6    Section 5-4-1 of this Code, that the conduct leading to
7    conviction for the enumerated offense resulted in great
8    bodily harm to a victim, shall receive no more than 4.5
9    days of sentence credit for each month of his or her
10    sentence of imprisonment;
11        (iv) that a prisoner serving a sentence for aggravated
12    discharge of a firearm, whether or not the conduct leading
13    to conviction for the offense resulted in great bodily harm
14    to the victim, shall receive no more than 4.5 days of
15    sentence credit for each month of his or her sentence of
16    imprisonment;
17        (v) that a person serving a sentence for gunrunning,
18    narcotics racketeering, controlled substance trafficking,
19    methamphetamine trafficking, drug-induced homicide,
20    aggravated methamphetamine-related child endangerment,
21    money laundering pursuant to clause (c) (4) or (5) of
22    Section 29B-1 of the Criminal Code of 1961 or the Criminal
23    Code of 2012, or a Class X felony conviction for delivery
24    of a controlled substance, possession of a controlled
25    substance with intent to manufacture or deliver,
26    calculated criminal drug conspiracy, criminal drug

 

 

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1    conspiracy, street gang criminal drug conspiracy,
2    participation in methamphetamine manufacturing, aggravated
3    participation in methamphetamine manufacturing, delivery
4    of methamphetamine, possession with intent to deliver
5    methamphetamine, aggravated delivery of methamphetamine,
6    aggravated possession with intent to deliver
7    methamphetamine, methamphetamine conspiracy when the
8    substance containing the controlled substance or
9    methamphetamine is 100 grams or more shall receive no more
10    than 7.5 days sentence credit for each month of his or her
11    sentence of imprisonment;
12        (vi) that a prisoner serving a sentence for a second or
13    subsequent offense of luring a minor shall receive no more
14    than 4.5 days of sentence credit for each month of his or
15    her sentence of imprisonment; and
16        (vii) that a prisoner serving a sentence for aggravated
17    domestic battery shall receive no more than 4.5 days of
18    sentence credit for each month of his or her sentence of
19    imprisonment.
20    (2.1) For all offenses, other than those enumerated in
21subdivision (a)(2)(i), (ii), or (iii) committed on or after
22June 19, 1998 or subdivision (a)(2)(iv) committed on or after
23June 23, 2005 (the effective date of Public Act 94-71) or
24subdivision (a)(2)(v) committed on or after August 13, 2007
25(the effective date of Public Act 95-134) or subdivision
26(a)(2)(vi) committed on or after June 1, 2008 (the effective

 

 

10000SB1722sam004- 79 -LRB100 11347 RLC 24987 a

1date of Public Act 95-625) or subdivision (a)(2)(vii) committed
2on or after July 23, 2010 (the effective date of Public Act
396-1224), and other than the offense of aggravated driving
4under the influence of alcohol, other drug or drugs, or
5intoxicating compound or compounds, or any combination thereof
6as defined in subparagraph (F) of paragraph (1) of subsection
7(d) of Section 11-501 of the Illinois Vehicle Code, and other
8than the offense of aggravated driving under the influence of
9alcohol, other drug or drugs, or intoxicating compound or
10compounds, or any combination thereof as defined in
11subparagraph (C) of paragraph (1) of subsection (d) of Section
1211-501 of the Illinois Vehicle Code committed on or after
13January 1, 2011 (the effective date of Public Act 96-1230), the
14rules and regulations shall provide that a prisoner who is
15serving a term of imprisonment shall receive one day of
16sentence credit for each day of his or her sentence of
17imprisonment or recommitment under Section 3-3-9. Each day of
18sentence credit shall reduce by one day the prisoner's period
19of imprisonment or recommitment under Section 3-3-9.
20    (2.2) A prisoner serving a term of natural life
21imprisonment or a prisoner who has been sentenced to death
22shall receive no sentence credit.
23    (2.3) Except as provided in paragraph (4.7) of this
24subsection (a), the The rules and regulations on sentence
25credit shall provide that a prisoner who is serving a sentence
26for aggravated driving under the influence of alcohol, other

 

 

10000SB1722sam004- 80 -LRB100 11347 RLC 24987 a

1drug or drugs, or intoxicating compound or compounds, or any
2combination thereof as defined in subparagraph (F) of paragraph
3(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
4Code, shall receive no more than 4.5 days of sentence credit
5for each month of his or her sentence of imprisonment.
6    (2.4) Except as provided in paragraph (4.7) of this
7subsection (a), the The rules and regulations on sentence
8credit shall provide with respect to the offenses of aggravated
9battery with a machine gun or a firearm equipped with any
10device or attachment designed or used for silencing the report
11of a firearm or aggravated discharge of a machine gun or a
12firearm equipped with any device or attachment designed or used
13for silencing the report of a firearm, committed on or after
14July 15, 1999 (the effective date of Public Act 91-121), that a
15prisoner serving a sentence for any of these offenses shall
16receive no more than 4.5 days of sentence credit for each month
17of his or her sentence of imprisonment.
18    (2.5) Except as provided in paragraph (4.7) of this
19subsection (a), the The rules and regulations on sentence
20credit shall provide that a prisoner who is serving a sentence
21for aggravated arson committed on or after July 27, 2001 (the
22effective date of Public Act 92-176) shall receive no more than
234.5 days of sentence credit for each month of his or her
24sentence of imprisonment.
25    (2.6) Except as provided in paragraph (4.7) of this
26subsection (a), the The rules and regulations on sentence

 

 

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1credit shall provide that a prisoner who is serving a sentence
2for aggravated driving under the influence of alcohol, other
3drug or drugs, or intoxicating compound or compounds or any
4combination thereof as defined in subparagraph (C) of paragraph
5(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
6Code committed on or after January 1, 2011 (the effective date
7of Public Act 96-1230) shall receive no more than 4.5 days of
8sentence credit for each month of his or her sentence of
9imprisonment.
10    (3) Except as provided in paragraph (4.7) of this
11subsection (a), the The rules and regulations shall also
12provide that the Director may award up to 180 days of earned
13sentence credit for good conduct in specific instances as the
14Director deems proper. The good conduct may include, but is not
15limited to, compliance with the rules and regulations of the
16Department, service to the Department, service to a community,
17or service to the State.
18    Eligible inmates for an award of earned sentence credit
19under this paragraph (3) may be selected to receive the credit
20at the Director's or his or her designee's sole discretion.
21Eligibility for the additional earned sentence credit under
22this paragraph (3) shall be based on, but is not limited to,
23the results of any available risk/needs assessment or other
24relevant assessments or evaluations administered by the
25Department using a validated instrument, the circumstances of
26the crime, any history of conviction for a forcible felony

 

 

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1enumerated in Section 2-8 of the Criminal Code of 2012, the
2inmate's behavior and disciplinary history while incarcerated,
3and the inmate's commitment to rehabilitation, including
4participation in programming offered by the Department.
5    The Director shall not award sentence credit under this
6paragraph (3) to an inmate unless the inmate has served a
7minimum of 60 days of the sentence; except nothing in this
8paragraph shall be construed to permit the Director to extend
9an inmate's sentence beyond that which was imposed by the
10court. Prior to awarding credit under this paragraph (3), the
11Director shall make a written determination that the inmate:
12        (A) is eligible for the earned sentence credit;
13        (B) has served a minimum of 60 days, or as close to 60
14    days as the sentence will allow;
15        (B-1) has received a risk/needs assessment or other
16    relevant evaluation or assessment administered by the
17    Department using a validated instrument; and
18        (C) has met the eligibility criteria established under
19    paragraph (4) of this subsection (a) and by rule for earned
20    sentence credit.
21    The Director shall determine the form and content of the
22written determination required in this subsection.
23    (3.5) The Department shall provide annual written reports
24to the Governor and the General Assembly on the award of earned
25sentence credit no later than February 1 of each year. The
26Department must publish both reports on its website within 48

 

 

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1hours of transmitting the reports to the Governor and the
2General Assembly. The reports must include:
3        (A) the number of inmates awarded earned sentence
4    credit;
5        (B) the average amount of earned sentence credit
6    awarded;
7        (C) the holding offenses of inmates awarded earned
8    sentence credit; and
9        (D) the number of earned sentence credit revocations.
10    (4) Except as provided in paragraph (4.7) of this
11subsection (a), the The rules and regulations shall also
12provide that the sentence credit accumulated and retained under
13paragraph (2.1) of subsection (a) of this Section by any inmate
14during specific periods of time in which such inmate is engaged
15full-time in substance abuse programs, correctional industry
16assignments, educational programs, behavior modification
17programs, life skills courses, or re-entry planning provided by
18the Department under this paragraph (4) and satisfactorily
19completes the assigned program as determined by the standards
20of the Department, shall be multiplied by a factor of 1.25 for
21program participation before August 11, 1993 and 1.50 for
22program participation on or after that date. The rules and
23regulations shall also provide that sentence credit, subject to
24the same offense limits and multiplier provided in this
25paragraph, may be provided to an inmate who was held in
26pre-trial detention prior to his or her current commitment to

 

 

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1the Department of Corrections and successfully completed a
2full-time, 60-day or longer substance abuse program,
3educational program, behavior modification program, life
4skills course, or re-entry planning provided by the county
5department of corrections or county jail. Calculation of this
6county program credit shall be done at sentencing as provided
7in Section 5-4.5-100 of this Code and shall be included in the
8sentencing order. However, no inmate shall be eligible for the
9additional sentence credit under this paragraph (4) or (4.1) of
10this subsection (a) while assigned to a boot camp or electronic
11detention, or if convicted of an offense enumerated in
12subdivision (a)(2)(i), (ii), or (iii) of this Section that is
13committed on or after June 19, 1998 or subdivision (a)(2)(iv)
14of this Section that is committed on or after June 23, 2005
15(the effective date of Public Act 94-71) or subdivision
16(a)(2)(v) of this Section that is committed on or after August
1713, 2007 (the effective date of Public Act 95-134) or
18subdivision (a)(2)(vi) when the offense is committed on or
19after June 1, 2008 (the effective date of Public Act 95-625) or
20subdivision (a)(2)(vii) when the offense is committed on or
21after July 23, 2010 (the effective date of Public Act 96-1224),
22or if convicted of aggravated driving under the influence of
23alcohol, other drug or drugs, or intoxicating compound or
24compounds or any combination thereof as defined in subparagraph
25(F) of paragraph (1) of subsection (d) of Section 11-501 of the
26Illinois Vehicle Code, or if convicted of aggravated driving

 

 

10000SB1722sam004- 85 -LRB100 11347 RLC 24987 a

1under the influence of alcohol, other drug or drugs, or
2intoxicating compound or compounds or any combination thereof
3as defined in subparagraph (C) of paragraph (1) of subsection
4(d) of Section 11-501 of the Illinois Vehicle Code committed on
5or after January 1, 2011 (the effective date of Public Act
696-1230), or if convicted of an offense enumerated in paragraph
7(a)(2.4) of this Section that is committed on or after July 15,
81999 (the effective date of Public Act 91-121), or first degree
9murder, a Class X felony, criminal sexual assault, felony
10criminal sexual abuse, aggravated criminal sexual abuse,
11aggravated battery with a firearm as described in Section
1212-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
13Section 12-3.05, or any predecessor or successor offenses with
14the same or substantially the same elements, or any inchoate
15offenses relating to the foregoing offenses.
16    Educational, vocational, substance abuse, behavior
17modification programs, life skills courses, re-entry planning,
18and correctional industry programs under which sentence credit
19may be increased under this paragraph (4) and paragraph (4.1)
20of this subsection (a) shall be evaluated by the Department on
21the basis of documented standards. The Department shall report
22the results of these evaluations to the Governor and the
23General Assembly by September 30th of each year. The reports
24shall include data relating to the recidivism rate among
25program participants.
26    Availability of these programs shall be subject to the

 

 

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1limits of fiscal resources appropriated by the General Assembly
2for these purposes. Eligible inmates who are denied immediate
3admission shall be placed on a waiting list under criteria
4established by the Department. The inability of any inmate to
5become engaged in any such programs by reason of insufficient
6program resources or for any other reason established under the
7rules and regulations of the Department shall not be deemed a
8cause of action under which the Department or any employee or
9agent of the Department shall be liable for damages to the
10inmate.
11    (4.1) Except as provided in paragraph (4.7) of this
12subsection (a), the The rules and regulations shall also
13provide that an additional 90 days of sentence credit shall be
14awarded to any prisoner who passes high school equivalency
15testing while the prisoner is committed to the Department of
16Corrections. The sentence credit awarded under this paragraph
17(4.1) shall be in addition to, and shall not affect, the award
18of sentence credit under any other paragraph of this Section,
19but shall also be pursuant to the guidelines and restrictions
20set forth in paragraph (4) of subsection (a) of this Section.
21The sentence credit provided for in this paragraph shall be
22available only to those prisoners who have not previously
23earned a high school diploma or a high school equivalency
24certificate. If, after an award of the high school equivalency
25testing sentence credit has been made, the Department
26determines that the prisoner was not eligible, then the award

 

 

10000SB1722sam004- 87 -LRB100 11347 RLC 24987 a

1shall be revoked. The Department may also award 90 days of
2sentence credit to any committed person who passed high school
3equivalency testing while he or she was held in pre-trial
4detention prior to the current commitment to the Department of
5Corrections.
6    (4.5) The rules and regulations on sentence credit shall
7also provide that when the court's sentencing order recommends
8a prisoner for substance abuse treatment and the crime was
9committed on or after September 1, 2003 (the effective date of
10Public Act 93-354), the prisoner shall receive no sentence
11credit awarded under clause (3) of this subsection (a) unless
12he or she participates in and completes a substance abuse
13treatment program. The Director may waive the requirement to
14participate in or complete a substance abuse treatment program
15in specific instances if the prisoner is not a good candidate
16for a substance abuse treatment program for medical,
17programming, or operational reasons. Availability of substance
18abuse treatment shall be subject to the limits of fiscal
19resources appropriated by the General Assembly for these
20purposes. If treatment is not available and the requirement to
21participate and complete the treatment has not been waived by
22the Director, the prisoner shall be placed on a waiting list
23under criteria established by the Department. The Director may
24allow a prisoner placed on a waiting list to participate in and
25complete a substance abuse education class or attend substance
26abuse self-help meetings in lieu of a substance abuse treatment

 

 

10000SB1722sam004- 88 -LRB100 11347 RLC 24987 a

1program. A prisoner on a waiting list who is not placed in a
2substance abuse program prior to release may be eligible for a
3waiver and receive sentence credit under clause (3) of this
4subsection (a) at the discretion of the Director.
5    (4.6) The rules and regulations on sentence credit shall
6also provide that a prisoner who has been convicted of a sex
7offense as defined in Section 2 of the Sex Offender
8Registration Act shall receive no sentence credit unless he or
9she either has successfully completed or is participating in
10sex offender treatment as defined by the Sex Offender
11Management Board. However, prisoners who are waiting to receive
12treatment, but who are unable to do so due solely to the lack
13of resources on the part of the Department, may, at the
14Director's sole discretion, be awarded sentence credit at a
15rate as the Director shall determine.
16    (4.7) On or after the effective date of this amendatory Act
17of the 100th General Assembly, sentence credit under paragraph
18(3), (4), or (4.1) of this subsection (a) may be awarded to a
19prisoner who is serving a sentence for an offense described in
20paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
21on or after the effective date of this amendatory Act of the
22100th General Assembly; provided, the award of the credits
23under this paragraph (4.7) shall not reduce the sentence of the
24prisoner to less than the following amounts:
25        (i) 85% of his or her sentence if the prisoner is
26    required to serve 85% of his or her sentence; or

 

 

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1        (ii) 60% of his or her sentence if the prisoner is
2    required to serve 75% of his or her sentence, except if the
3    prisoner is serving a sentence for gunrunning his or her
4    sentence shall not be reduced to less than 75%.
5    This paragraph (4.7) shall not apply to a prisoner serving
6a sentence for an offense described in subparagraph (i) of
7paragraph (2) of this subsection (a).
8    (5) Whenever the Department is to release any inmate
9earlier than it otherwise would because of a grant of earned
10sentence credit under paragraph (3) of subsection (a) of this
11Section given at any time during the term, the Department shall
12give reasonable notice of the impending release not less than
1314 days prior to the date of the release to the State's
14Attorney of the county where the prosecution of the inmate took
15place, and if applicable, the State's Attorney of the county
16into which the inmate will be released. The Department must
17also make identification information and a recent photo of the
18inmate being released accessible on the Internet by means of a
19hyperlink labeled "Community Notification of Inmate Early
20Release" on the Department's World Wide Web homepage. The
21identification information shall include the inmate's: name,
22any known alias, date of birth, physical characteristics,
23commitment offense and county where conviction was imposed. The
24identification information shall be placed on the website
25within 3 days of the inmate's release and the information may
26not be removed until either: completion of the first year of

 

 

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1mandatory supervised release or return of the inmate to custody
2of the Department.
3    (b) Whenever a person is or has been committed under
4several convictions, with separate sentences, the sentences
5shall be construed under Section 5-8-4 in granting and
6forfeiting of sentence credit.
7    (c) The Department shall prescribe rules and regulations
8for revoking sentence credit, including revoking sentence
9credit awarded under paragraph (3) of subsection (a) of this
10Section. The Department shall prescribe rules and regulations
11for suspending or reducing the rate of accumulation of sentence
12credit for specific rule violations, during imprisonment.
13These rules and regulations shall provide that no inmate may be
14penalized more than one year of sentence credit for any one
15infraction.
16    When the Department seeks to revoke, suspend or reduce the
17rate of accumulation of any sentence credits for an alleged
18infraction of its rules, it shall bring charges therefor
19against the prisoner sought to be so deprived of sentence
20credits before the Prisoner Review Board as provided in
21subparagraph (a)(4) of Section 3-3-2 of this Code, if the
22amount of credit at issue exceeds 30 days or when during any 12
23month period, the cumulative amount of credit revoked exceeds
2430 days except where the infraction is committed or discovered
25within 60 days of scheduled release. In those cases, the
26Department of Corrections may revoke up to 30 days of sentence

 

 

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1credit. The Board may subsequently approve the revocation of
2additional sentence credit, if the Department seeks to revoke
3sentence credit in excess of 30 days. However, the Board shall
4not be empowered to review the Department's decision with
5respect to the loss of 30 days of sentence credit within any
6calendar year for any prisoner or to increase any penalty
7beyond the length requested by the Department.
8    The Director of the Department of Corrections, in
9appropriate cases, may restore up to 30 days of sentence
10credits which have been revoked, suspended or reduced. Any
11restoration of sentence credits in excess of 30 days shall be
12subject to review by the Prisoner Review Board. However, the
13Board may not restore sentence credit in excess of the amount
14requested by the Director.
15    Nothing contained in this Section shall prohibit the
16Prisoner Review Board from ordering, pursuant to Section
173-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
18sentence imposed by the court that was not served due to the
19accumulation of sentence credit.
20    (d) If a lawsuit is filed by a prisoner in an Illinois or
21federal court against the State, the Department of Corrections,
22or the Prisoner Review Board, or against any of their officers
23or employees, and the court makes a specific finding that a
24pleading, motion, or other paper filed by the prisoner is
25frivolous, the Department of Corrections shall conduct a
26hearing to revoke up to 180 days of sentence credit by bringing

 

 

10000SB1722sam004- 92 -LRB100 11347 RLC 24987 a

1charges against the prisoner sought to be deprived of the
2sentence credits before the Prisoner Review Board as provided
3in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
4prisoner has not accumulated 180 days of sentence credit at the
5time of the finding, then the Prisoner Review Board may revoke
6all sentence credit accumulated by the prisoner.
7    For purposes of this subsection (d):
8        (1) "Frivolous" means that a pleading, motion, or other
9    filing which purports to be a legal document filed by a
10    prisoner in his or her lawsuit meets any or all of the
11    following criteria:
12            (A) it lacks an arguable basis either in law or in
13        fact;
14            (B) it is being presented for any improper purpose,
15        such as to harass or to cause unnecessary delay or
16        needless increase in the cost of litigation;
17            (C) the claims, defenses, and other legal
18        contentions therein are not warranted by existing law
19        or by a nonfrivolous argument for the extension,
20        modification, or reversal of existing law or the
21        establishment of new law;
22            (D) the allegations and other factual contentions
23        do not have evidentiary support or, if specifically so
24        identified, are not likely to have evidentiary support
25        after a reasonable opportunity for further
26        investigation or discovery; or

 

 

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1            (E) the denials of factual contentions are not
2        warranted on the evidence, or if specifically so
3        identified, are not reasonably based on a lack of
4        information or belief.
5        (2) "Lawsuit" means a motion pursuant to Section 116-3
6    of the Code of Criminal Procedure of 1963, a habeas corpus
7    action under Article X of the Code of Civil Procedure or
8    under federal law (28 U.S.C. 2254), a petition for claim
9    under the Court of Claims Act, an action under the federal
10    Civil Rights Act (42 U.S.C. 1983), or a second or
11    subsequent petition for post-conviction relief under
12    Article 122 of the Code of Criminal Procedure of 1963
13    whether filed with or without leave of court or a second or
14    subsequent petition for relief from judgment under Section
15    2-1401 of the Code of Civil Procedure.
16    (e) Nothing in Public Act 90-592 or 90-593 affects the
17validity of Public Act 89-404.
18    (f) Whenever the Department is to release any inmate who
19has been convicted of a violation of an order of protection
20under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
21the Criminal Code of 2012, earlier than it otherwise would
22because of a grant of sentence credit, the Department, as a
23condition of release, shall require that the person, upon
24release, be placed under electronic surveillance as provided in
25Section 5-8A-7 of this Code.
26(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,

 

 

10000SB1722sam004- 94 -LRB100 11347 RLC 24987 a

1eff. 1-1-16; 99-642, eff. 7-28-16; 99-938, eff. 1-1-18.)
 
2    (730 ILCS 5/5-4.5-95)
3    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
4    (a) HABITUAL CRIMINALS.
5        (1) Every person who has been twice convicted in any
6    state or federal court of an offense that contains the same
7    elements as an offense now (the date of the offense
8    committed after the 2 prior convictions) classified in
9    Illinois as a Class X felony, criminal sexual assault,
10    aggravated kidnapping, or first degree murder, and who is
11    thereafter convicted of a Class X felony, criminal sexual
12    assault, or first degree murder, committed after the 2
13    prior convictions, shall be adjudged an habitual criminal.
14        (2) The 2 prior convictions need not have been for the
15    same offense.
16        (3) Any convictions that result from or are connected
17    with the same transaction, or result from offenses
18    committed at the same time, shall be counted for the
19    purposes of this Section as one conviction.
20        (4) This Section does not apply unless each of the
21    following requirements are satisfied:
22            (A) The third offense was committed after July 3,
23        1980.
24            (B) The third offense was committed within 20 years
25        of the date that judgment was entered on the first

 

 

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1        conviction; provided, however, that time spent in
2        custody shall not be counted.
3            (C) The third offense was committed after
4        conviction on the second offense.
5            (D) The second offense was committed after
6        conviction on the first offense.
7        (5) Anyone who, having attained the age of 18 at the
8    time of the third offense, is adjudged an habitual criminal
9    shall be sentenced to a term of natural life imprisonment.
10        (6) A prior conviction shall not be alleged in the
11    indictment, and no evidence or other disclosure of that
12    conviction shall be presented to the court or the jury
13    during the trial of an offense set forth in this Section
14    unless otherwise permitted by the issues properly raised in
15    that trial. After a plea or verdict or finding of guilty
16    and before sentence is imposed, the prosecutor may file
17    with the court a verified written statement signed by the
18    State's Attorney concerning any former conviction of an
19    offense set forth in this Section rendered against the
20    defendant. The court shall then cause the defendant to be
21    brought before it; shall inform the defendant of the
22    allegations of the statement so filed, and of his or her
23    right to a hearing before the court on the issue of that
24    former conviction and of his or her right to counsel at
25    that hearing; and unless the defendant admits such
26    conviction, shall hear and determine the issue, and shall

 

 

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1    make a written finding thereon. If a sentence has
2    previously been imposed, the court may vacate that sentence
3    and impose a new sentence in accordance with this Section.
4        (7) A duly authenticated copy of the record of any
5    alleged former conviction of an offense set forth in this
6    Section shall be prima facie evidence of that former
7    conviction; and a duly authenticated copy of the record of
8    the defendant's final release or discharge from probation
9    granted, or from sentence and parole supervision (if any)
10    imposed pursuant to that former conviction, shall be prima
11    facie evidence of that release or discharge.
12        (8) Any claim that a previous conviction offered by the
13    prosecution is not a former conviction of an offense set
14    forth in this Section because of the existence of any
15    exceptions described in this Section, is waived unless duly
16    raised at the hearing on that conviction, or unless the
17    prosecution's proof shows the existence of the exceptions
18    described in this Section.
19        (9) If the person so convicted shows to the
20    satisfaction of the court before whom that conviction was
21    had that he or she was released from imprisonment, upon
22    either of the sentences upon a pardon granted for the
23    reason that he or she was innocent, that conviction and
24    sentence shall not be considered under this Section.
25    (b) When a defendant, over the age of 21 years, is
26convicted of a Class 1 or Class 2 felony, except for an offense

 

 

10000SB1722sam004- 97 -LRB100 11347 RLC 24987 a

1listed in subsection (c) of this Section, after having twice
2been convicted in any state or federal court of an offense that
3contains the same elements as an offense now (the date the
4Class 1 or Class 2 felony was committed) classified in Illinois
5as a Class 2 or greater Class felony, except for an offense
6listed in subsection (c) of this Section, and those charges are
7separately brought and tried and arise out of different series
8of acts, that defendant shall be sentenced as a Class X
9offender. This subsection does not apply unless:
10        (1) the first felony was committed after February 1,
11    1978 (the effective date of Public Act 80-1099);
12        (2) the second felony was committed after conviction on
13    the first; and
14        (3) the third felony was committed after conviction on
15    the second.
16    (c) Subsection (b) of this Section does not apply to Class
171 or Class 2 felony convictions for a violation of Section 16-1
18of the Criminal Code of 2012.
19    A person sentenced as a Class X offender under this
20subsection (b) is not eligible to apply for treatment as a
21condition of probation as provided by Section 40-10 of the
22Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
23301/40-10).
24(Source: P.A. 99-69, eff. 1-1-16.)
 
25    (730 ILCS 5/5-4.5-110 new)

 

 

10000SB1722sam004- 98 -LRB100 11347 RLC 24987 a

1    Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
2PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
3    (a) DEFINITIONS. For the purposes of this Section:
4        "Firearm" has the meaning ascribed to it in Section 1.1
5    of the Firearm Owners Identification Card Act.
6        "Qualifying predicate offense" means the following
7    offenses under the Criminal Code of 2012:
8            (A) aggravated unlawful use of a weapon under
9        Section 24-1.6 or similar offense under the Criminal
10        Code of 1961, when the weapon is a firearm;
11            (B) unlawful use or possession of a weapon by a
12        felon under Section 24-1.1 or similar offense under the
13        Criminal Code of 1961, when the weapon is a firearm;
14            (C) first degree murder under Section 9-1 or
15        similar offense under the Criminal Code of 1961;
16            (D) attempted first degree murder with a firearm or
17        similar offense under the Criminal Code of 1961;
18            (E) aggravated kidnapping with a firearm under
19        paragraph (6) or (7) of subsection (a) of Section 10-2
20        or similar offense under the Criminal Code of 1961;
21            (F) aggravated battery with a firearm under
22        subsection (e) of Section 12-3.05 or similar offense
23        under the Criminal Code of 1961;
24            (G) aggravated criminal sexual assault under
25        Section 11-1.30 or similar offense under the Criminal
26        Code of 1961;

 

 

10000SB1722sam004- 99 -LRB100 11347 RLC 24987 a

1            (H) predatory criminal sexual assault of a child
2        under Section 11-1.40 or similar offense under the
3        Criminal Code of 1961;
4            (I) armed robbery under Section 18-2 or similar
5        offense under the Criminal Code of 1961;
6            (J) vehicular hijacking under Section 18-3 or
7        similar offense under the Criminal Code of 1961;
8            (K) aggravated vehicular hijacking under Section
9        18-4 or similar offense under the Criminal Code of
10        1961;
11            (L) home invasion with a firearm under paragraph
12        (3), (4), or (5) of subsection (a) of Section 19-6 or
13        similar offense under the Criminal Code of 1961;
14            (M) aggravated discharge of a firearm under
15        Section 24-1.2 or similar offense under the Criminal
16        Code of 1961;
17            (N) aggravated discharge of a machine gun or a
18        firearm equipped with a device designed or used for
19        silencing the report of a firearm under Section
20        24-1.2-5 or similar offense under the Criminal Code of
21        1961;
22            (0) unlawful use of firearm projectiles under
23        Section 24-2.1 or similar offense under the Criminal
24        Code of 1961;
25            (P) manufacture, sale, or transfer of bullets or
26        shells represented to be armor piercing bullets,

 

 

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1        dragon's breath shotgun shells, bolo shells, or
2        flechette shells under Section 24-2.2 or similar
3        offense under the Criminal Code of 1961;
4            (Q) unlawful sale or delivery of firearms under
5        Section 24-3 or similar offense under the Criminal Code
6        of 1961;
7            (R) unlawful discharge of firearm projectiles
8        under Section 24-3.2 or similar offense under the
9        Criminal Code of 1961;
10            (S) unlawful sale or delivery of firearms on school
11        premises of any school under Section 24-3.3 or similar
12        offense under the Criminal Code of 1961;
13            (T) unlawful purchase of a firearm under Section
14        24-3.5 or similar offense under the Criminal Code of
15        1961;
16            (U) use of a stolen firearm in the commission of an
17        offense under Section 24-3.7 or similar offense under
18        the Criminal Code of 1961;
19            (V) possession of a stolen firearm under Section
20        24-3.8 or similar offense under the Criminal Code of
21        1961;
22            (W) aggravated possession of a stolen firearm
23        under Section 24-3.9 or similar offense under the
24        Criminal Code of 1961;
25            (X) gunrunning under Section 24-3A or similar
26        offense under the Criminal Code of 1961;

 

 

10000SB1722sam004- 101 -LRB100 11347 RLC 24987 a

1            (Y) defacing identification marks of firearms
2        under Section 24-5 or similar offense under the
3        Criminal Code of 1961; and
4            (Z) armed violence under Section 33A-2 or similar
5        offense under the Criminal Code of 1961.
6    (b) APPLICABILITY. On or after the effective date of this
7amendatory Act of the 100th General Assembly, when a person is
8convicted of unlawful use or possession of a weapon by a felon,
9when the weapon is a firearm, or aggravated unlawful use of a
10weapon, when the weapon is a firearm, after being previously
11convicted of a qualifying predicate offense the person shall be
12subject to the sentencing guidelines under this Section.
13    (c) SENTENCING GUIDELINES.
14        (1) When a person is convicted of unlawful use or
15    possession of a weapon by a felon, when the weapon is a
16    firearm, and that person has been previously convicted of a
17    qualifying predicate offense, the person shall be
18    sentenced to a term of imprisonment within the sentencing
19    range of not less than 7 years and not more than 14 years,
20    unless the court finds that a departure from the sentencing
21    guidelines under this paragraph is warranted under
22    subsection (d) of this Section.
23        (2) When a person is convicted of aggravated unlawful
24    use of a weapon, when the weapon is a firearm, and that
25    person has been previously convicted of a qualifying
26    predicate offense, the person shall be sentenced to a term

 

 

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1    of imprisonment within the sentencing range of not less
2    than 6 years and not more than 7 years, unless the court
3    finds that a departure from the sentencing guidelines under
4    this paragraph is warranted under subsection (d) of this
5    Section.
6    (d) DEPARTURE FROM SENTENCING GUIDELINES.
7        (1) At the sentencing hearing conducted under Section
8    5-4-1 of this Code, the court may depart from the
9    sentencing guidelines provided in subsection (c) of this
10    Section and impose a sentence otherwise authorized by law
11    for the offense if the court, after considering any factor
12    under paragraph (2) of this subsection (d) relevant to the
13    nature and circumstances of the crime and to the history
14    and character of the defendant, finds on the record
15    substantial and compelling justification that the sentence
16    within the sentencing guidelines would be unduly harsh and
17    that a sentence otherwise authorized by law would be
18    consistent with public safety and does not deprecate the
19    seriousness of the offense.
20        (2) In deciding whether to depart from the sentencing
21    guidelines under this paragraph, the court shall consider:
22            (A) the age, immaturity, or limited mental
23        capacity of the defendant at the time of commission of
24        the qualifying predicate or current offense, including
25        whether the defendant was suffering from a mental or
26        physical condition insufficient to constitute a

 

 

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1        defense but significantly reduced the defendant's
2        culpability;
3            (B) the nature and circumstances of the qualifying
4        predicate offense;
5            (C) the time elapsed since the qualifying
6        predicate offense;
7            (D) the nature and circumstances of the current
8        offense;
9            (E) the defendant's prior criminal history;
10            (F) whether the defendant committed the qualifying
11        predicate or current offense under specific and
12        credible duress, coercion, threat, or compulsion;
13            (G) whether the defendant aided in the
14        apprehension of another felon or testified truthfully
15        on behalf of another prosecution of a felony; and
16            (H) whether departure is in the interest of the
17        person's rehabilitation, including employment or
18        educational or vocational training, after taking into
19        account any past rehabilitation efforts or
20        dispositions of probation or supervision, and the
21        defendant's cooperation or response to rehabilitation.
22        (3) When departing from the sentencing guidelines
23    under this Section, the court shall specify on the record,
24    the particular evidence, information, factor or factors,
25    or other reasons which led to the departure from the
26    sentencing guidelines. When departing from the sentencing

 

 

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1    range in accordance with this subsection (d), the court
2    shall indicate on the sentencing order which departure
3    factor or factors outlined in paragraph (2) of this
4    subsection (d) led to the sentence imposed. The sentencing
5    order shall be filed with the clerk of the court and shall
6    be a public record.
 
7    (730 ILCS 5/5-6-3.3)
8    Sec. 5-6-3.3. Offender Initiative Program.
9    (a) Statement of purpose. The General Assembly seeks to
10continue other successful programs that promote public safety,
11conserve valuable resources, and reduce recidivism by
12defendants who can lead productive lives by creating the
13Offender Initiative Program.
14    (a-1) Whenever any person who has not previously been
15convicted of, or placed on probation or conditional discharge
16for, any felony offense under the laws of this State, the laws
17of any other state, or the laws of the United States, is
18arrested for and charged with a probationable felony offense of
19theft, retail theft, forgery, possession of a stolen motor
20vehicle, burglary, possession of burglary tools, deceptive
21practices, disorderly conduct, criminal damage or trespass to
22property under Article 21 of the Criminal Code of 2012,
23criminal trespass to a residence, obstructing justice, or an
24offense involving fraudulent identification, or possession of
25cannabis, possession of a controlled substance, or possession

 

 

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1of methamphetamine, the court, with the consent of the
2defendant and the State's Attorney, may continue this matter to
3allow a defendant to participate and complete the Offender
4Initiative Program.
5    (a-2) Exemptions. A defendant shall not be eligible for
6this Program if the offense he or she has been arrested for and
7charged with is a violent offense. For purposes of this
8Program, a "violent offense" is any offense where bodily harm
9was inflicted or where force was used against any person or
10threatened against any person, any offense involving sexual
11conduct, sexual penetration, or sexual exploitation, any
12offense of domestic violence, domestic battery, violation of an
13order of protection, stalking, hate crime, driving under the
14influence of drugs or alcohol, and any offense involving the
15possession of a firearm or dangerous weapon. A defendant shall
16not be eligible for this Program if he or she has previously
17been adjudicated a delinquent minor for the commission of a
18violent offense as defined in this subsection.
19    (b) When a defendant is placed in the Program, after both
20the defendant and State's Attorney waive preliminary hearing
21pursuant to Section 109-3 of the Code of Criminal Procedure of
221963, the court shall enter an order specifying that the
23proceedings shall be suspended while the defendant is
24participating in a Program of not less 12 months.
25    (c) The conditions of the Program shall be that the
26defendant:

 

 

10000SB1722sam004- 106 -LRB100 11347 RLC 24987 a

1        (1) not violate any criminal statute of this State or
2    any other jurisdiction;
3        (2) refrain from possessing a firearm or other
4    dangerous weapon;
5        (3) make full restitution to the victim or property
6    owner pursuant to Section 5-5-6 of this Code;
7        (4) obtain employment or perform not less than 30 hours
8    of community service, provided community service is
9    available in the county and is funded and approved by the
10    county board; and
11        (5) attend educational courses designed to prepare the
12    defendant for obtaining a high school diploma or to work
13    toward passing high school equivalency testing or to work
14    toward completing a vocational training program.
15    (d) The court may, in addition to other conditions, require
16that the defendant:
17        (1) undergo medical or psychiatric treatment, or
18    treatment or rehabilitation approved by the Illinois
19    Department of Human Services;
20        (2) refrain from having in his or her body the presence
21    of any illicit drug prohibited by the Methamphetamine
22    Control and Community Protection Act, the Cannabis Control
23    Act or the Illinois Controlled Substances Act, unless
24    prescribed by a physician, and submit samples of his or her
25    blood or urine or both for tests to determine the presence
26    of any illicit drug;

 

 

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1        (3) submit to periodic drug testing at a time, manner,
2    and frequency as ordered by the court;
3        (4) pay fines, fees and costs; and
4        (5) in addition, if a minor:
5            (i) reside with his or her parents or in a foster
6        home;
7            (ii) attend school;
8            (iii) attend a non-residential program for youth;
9        or
10            (iv) contribute to his or her own support at home
11        or in a foster home.
12    (e) When the State's Attorney makes a factually specific
13offer of proof that the defendant has failed to successfully
14complete the Program or has violated any of the conditions of
15the Program, the court shall enter an order that the defendant
16has not successfully completed the Program and continue the
17case for arraignment pursuant to Section 113-1 of the Code of
18Criminal Procedure of 1963 for further proceedings as if the
19defendant had not participated in the Program.
20    (f) Upon fulfillment of the terms and conditions of the
21Program, the State's Attorney shall dismiss the case or the
22court shall discharge the person and dismiss the proceedings
23against the person.
24    (g) A person may only have There may be only one discharge
25and dismissal under this Section within a 4-year period with
26respect to any person.

 

 

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1    (h) Notwithstanding subsection (a-1), if the court finds
2that the defendant suffers from a substance abuse problem, then
3before the person participates in the Program under this
4Section, the court may refer the person to the drug court
5established in that judicial circuit pursuant to Section 15 of
6the Drug Court Treatment Act. The drug court team shall
7evaluate the person's likelihood of successfully fulfilling
8the terms and conditions of the Program under this Section and
9shall report the results of its evaluation to the court. If the
10drug court team finds that the person suffers from a substance
11abuse problem that makes him or her substantially unlikely to
12successfully fulfill the terms and conditions of the Program,
13then the drug court shall set forth its findings in the form of
14a written order, and the person shall be ineligible to
15participate in the Program under this Section, but shall may be
16considered for the drug court program.
17(Source: P.A. 98-718, eff. 1-1-15; 99-480, eff. 9-9-15.)
 
18    (730 ILCS 5/5-6-3.4)
19    Sec. 5-6-3.4. Second Chance Probation.
20    (a) Whenever any person who has not previously been
21convicted of, or placed on probation or conditional discharge
22for, any felony offense under the laws of this State, the laws
23of any other state, or the laws of the United States, including
24probation under Section 410 of the Illinois Controlled
25Substances Act, Section 70 of the Methamphetamine Control and

 

 

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1Community Protection Act, Section 10 of the Cannabis Control
2Act, subsection (c) of Section 11-14 of the Criminal Code of
32012, Treatment Alternatives for Criminal Justice Clients
4(TASC) under Article 40 of the Alcoholism and Other Drug Abuse
5and Dependency Act, or prior successful completion of the
6Offender Initiative Program under Section 5-6-3.3 of this Code,
7and pleads guilty to, or is found guilty of, a probationable
8felony offense of possession of less than 15 grams of a
9controlled substance that is punishable as a Class 4 felony;
10possession of less than 15 grams of methamphetamine that is
11punishable as a Class 4 felony; or a probationable felony
12offense of possession of cannabis, theft, retail theft,
13forgery, deceptive practices, possession of a stolen motor
14vehicle, burglary, possession of burglary tools, disorderly
15conduct, criminal damage or trespass to property under Article
1621 of the Criminal Code of 2012, criminal trespass to a
17residence, an offense involving fraudulent identification, or
18obstructing justice; theft that is punishable as a Class 3
19felony based on the value of the property or punishable as a
20Class 4 felony if the theft was committed in a school or place
21of worship or if the theft was of governmental property; retail
22theft that is punishable as a Class 3 felony based on the value
23of the property; criminal damage to property that is punishable
24as a Class 4 felony; criminal damage to government supported
25property that is punishable as a Class 4 felony; or possession
26of cannabis which is punishable as a Class 4 felony, the court,

 

 

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1with the consent of the defendant and the State's Attorney,
2may, without entering a judgment, sentence the defendant to
3probation under this Section.
4    (a-1) Exemptions. A defendant is not eligible for this
5probation if the offense he or she pleads guilty to, or is
6found guilty of, is a violent offense, or he or she has
7previously been convicted of a violent offense. For purposes of
8this probation, a "violent offense" is any offense where bodily
9harm was inflicted or where force was used against any person
10or threatened against any person, any offense involving sexual
11conduct, sexual penetration, or sexual exploitation, any
12offense of domestic violence, domestic battery, violation of an
13order of protection, stalking, hate crime, driving under the
14influence of drugs or alcohol, and any offense involving the
15possession of a firearm or dangerous weapon. A defendant shall
16not be eligible for this probation if he or she has previously
17been adjudicated a delinquent minor for the commission of a
18violent offense as defined in this subsection.
19    (b) When a defendant is placed on probation, the court
20shall enter an order specifying a period of probation of not
21less than 24 months and shall defer further proceedings in the
22case until the conclusion of the period or until the filing of
23a petition alleging violation of a term or condition of
24probation.
25    (c) The conditions of probation shall be that the
26defendant:

 

 

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1        (1) not violate any criminal statute of this State or
2    any other jurisdiction;
3        (2) refrain from possessing a firearm or other
4    dangerous weapon;
5        (3) make full restitution to the victim or property
6    owner under Section 5-5-6 of this Code;
7        (4) obtain or attempt to obtain employment;
8        (5) pay fines and costs;
9        (6) attend educational courses designed to prepare the
10    defendant for obtaining a high school diploma or to work
11    toward passing high school equivalency testing or to work
12    toward completing a vocational training program;
13        (7) submit to periodic drug testing at a time and in a
14    manner as ordered by the court, but no less than 3 times
15    during the period of probation, with the cost of the
16    testing to be paid by the defendant; and
17        (8) perform a minimum of 30 hours of community service.
18    (d) The court may, in addition to other conditions, require
19that the defendant:
20        (1) make a report to and appear in person before or
21    participate with the court or such courts, person, or
22    social service agency as directed by the court in the order
23    of probation;
24        (2) undergo medical or psychiatric treatment, or
25    treatment or rehabilitation approved by the Illinois
26    Department of Human Services;

 

 

10000SB1722sam004- 112 -LRB100 11347 RLC 24987 a

1        (3) attend or reside in a facility established for the
2    instruction or residence of defendants on probation;
3        (4) support his or her dependents; or
4        (5) refrain from having in his or her body the presence
5    of any illicit drug prohibited by the Methamphetamine
6    Control and Community Protection Act, the Cannabis Control
7    Act, or the Illinois Controlled Substances Act, unless
8    prescribed by a physician, and submit samples of his or her
9    blood or urine or both for tests to determine the presence
10    of any illicit drug.
11    (e) Upon violation of a term or condition of probation, the
12court may enter a judgment on its original finding of guilt and
13proceed as otherwise provided by law.
14    (f) Upon fulfillment of the terms and conditions of
15probation, the court shall discharge the person and dismiss the
16proceedings against the person.
17    (g) A disposition of probation is considered to be a
18conviction for the purposes of imposing the conditions of
19probation and for appeal; however, a discharge and dismissal
20under this Section is not a conviction for purposes of this
21Code or for purposes of disqualifications or disabilities
22imposed by law upon conviction of a crime.
23    (h) A person may only have There may be only one discharge
24and dismissal under this Section within a 4-year period ,
25Section 410 of the Illinois Controlled Substances Act, Section
2670 of the Methamphetamine Control and Community Protection Act,

 

 

10000SB1722sam004- 113 -LRB100 11347 RLC 24987 a

1Section 10 of the Cannabis Control Act, Treatment Alternatives
2for Criminal Justice Clients (TASC) under Article 40 of the
3Alcoholism and Other Drug Abuse and Dependency Act, the
4Offender Initiative Program under Section 5-6-3.3 of this Code,
5and subsection (c) of Section 11-14 of the Criminal Code of
62012 with respect to any person.
7    (i) If a person is convicted of any offense which occurred
8within 5 years subsequent to a discharge and dismissal under
9this Section, the discharge and dismissal under this Section
10shall be admissible in the sentencing proceeding for that
11conviction as evidence in aggravation.
12    (j) Notwithstanding subsection (a), if the court finds that
13the defendant suffers from a substance abuse problem, then
14before the person is placed on probation under this Section,
15the court may refer the person to the drug court established in
16that judicial circuit pursuant to Section 15 of the Drug Court
17Treatment Act. The drug court team shall evaluate the person's
18likelihood of successfully fulfilling the terms and conditions
19of probation under this Section and shall report the results of
20its evaluation to the court. If the drug court team finds that
21the person suffers from a substance abuse problem that makes
22him or her substantially unlikely to successfully fulfill the
23terms and conditions of probation under this Section, then the
24drug court shall set forth its findings in the form of a
25written order, and the person shall be ineligible to be placed
26on probation under this Section, but shall may be considered

 

 

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1for the drug court program.
2(Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480,
3eff. 9-9-15.)
 
4    (730 ILCS 5/5-8-8)
5    (Section scheduled to be repealed on December 31, 2020)
6    Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.
7    (a) Creation. There is created under the jurisdiction of
8the Governor the Illinois Sentencing Policy Advisory Council,
9hereinafter referred to as the Council.
10    (b) Purposes and goals. The purpose of the Council is to
11review sentencing policies and practices and examine how these
12policies and practices impact the criminal justice system as a
13whole in the State of Illinois. In carrying out its duties, the
14Council shall be mindful of and aim to achieve the purposes of
15sentencing in Illinois, which are set out in Section 1-1-2 of
16this Code:
17        (1) prescribe sanctions proportionate to the
18    seriousness of the offenses and permit the recognition of
19    differences in rehabilitation possibilities among
20    individual offenders;
21        (2) forbid and prevent the commission of offenses;
22        (3) prevent arbitrary or oppressive treatment of
23    persons adjudicated offenders or delinquents; and
24        (4) restore offenders to useful citizenship.
25    (c) Council composition.

 

 

10000SB1722sam004- 115 -LRB100 11347 RLC 24987 a

1        (1) The Council shall consist of the following members:
2            (A) the President of the Senate, or his or her
3        designee;
4            (B) the Minority Leader of the Senate, or his or
5        her designee;
6            (C) the Speaker of the House, or his or her
7        designee;
8            (D) the Minority Leader of the House, or his or her
9        designee;
10            (E) the Governor, or his or her designee;
11            (F) the Attorney General, or his or her designee;
12            (G) two retired judges, who may have been circuit,
13        appellate, or supreme court judges; retired judges
14        shall be selected by the members of the Council
15        designated in clauses (c)(1)(A) through (L);
16            (G-5) (blank);
17            (H) the Cook County State's Attorney, or his or her
18        designee;
19            (I) the Cook County Public Defender, or his or her
20        designee;
21            (J) a State's Attorney not from Cook County,
22        appointed by the State's Attorney's Appellate
23        Prosecutor;
24            (K) the State Appellate Defender, or his or her
25        designee;
26            (L) the Director of the Administrative Office of

 

 

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1        the Illinois Courts, or his or her designee;
2            (M) a victim of a violent felony or a
3        representative of a crime victims' organization,
4        selected by the members of the Council designated in
5        clauses (c)(1)(A) through (L);
6            (N) a representative of a community-based
7        organization, selected by the members of the Council
8        designated in clauses (c)(1)(A) through (L);
9            (O) a criminal justice academic researcher, to be
10        selected by the members of the Council designated in
11        clauses (c)(1)(A) through (L);
12            (P) a representative of law enforcement from a unit
13        of local government to be selected by the members of
14        the Council designated in clauses (c)(1)(A) through
15        (L);
16            (Q) a sheriff selected by the members of the
17        Council designated in clauses (c)(1)(A) through (L);
18        and
19            (R) ex-officio members shall include:
20                (i) the Director of Corrections, or his or her
21            designee;
22                (ii) the Chair of the Prisoner Review Board, or
23            his or her designee;
24                (iii) the Director of the Illinois State
25            Police, or his or her designee; and
26                (iv) the Director of the Illinois Criminal

 

 

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1            Justice Information Authority, or his or her
2            designee.
3        (1.5) The Chair and Vice Chair shall be elected from
4    among its members by a majority of the members of the
5    Council.
6        (2) Members of the Council who serve because of their
7    public office or position, or those who are designated as
8    members by such officials, shall serve only as long as they
9    hold such office or position.
10        (3) Council members shall serve without compensation
11    but shall be reimbursed for travel and per diem expenses
12    incurred in their work for the Council.
13        (4) The Council may exercise any power, perform any
14    function, take any action, or do anything in furtherance of
15    its purposes and goals upon the appointment of a quorum of
16    its members. The term of office of each member of the
17    Council ends on the date of repeal of this amendatory Act
18    of the 96th General Assembly.
19    (d) Duties. The Council shall perform, as resources permit,
20duties including:
21        (1) Collect and analyze information including
22    sentencing data, crime trends, and existing correctional
23    resources to support legislative and executive action
24    affecting the use of correctional resources on the State
25    and local levels.
26        (2) Prepare criminal justice population projections

 

 

10000SB1722sam004- 118 -LRB100 11347 RLC 24987 a

1    annually, including correctional and community-based
2    supervision populations.
3        (3) Analyze data relevant to proposed sentencing
4    legislation and its effect on current policies or
5    practices, and provide information to support
6    evidence-based sentencing.
7        (4) Ensure that adequate resources and facilities are
8    available for carrying out sentences imposed on offenders
9    and that rational priorities are established for the use of
10    those resources. To do so, the Council shall prepare
11    criminal justice resource statements, identifying the
12    fiscal and practical effects of proposed criminal
13    sentencing legislation, including, but not limited to, the
14    correctional population, court processes, and county or
15    local government resources.
16        (4.5) Study and conduct a thorough analysis of
17    sentencing under Section 5-4.5-110 of this Code. The
18    Sentencing Policy Advisory Council shall provide annual
19    reports to the Governor and General Assembly, including the
20    total number of persons sentenced under Section 5-4.5-110
21    of this Code, the total number of departures from sentences
22    under Section 5-4.5-110 of this Code, and an analysis of
23    trends in sentencing and departures. On or before December
24    31, 2022, the Sentencing Policy Advisory Council shall
25    provide a report to the Governor and General Assembly on
26    the effectiveness of sentencing under Section 5-4.5-110 of

 

 

10000SB1722sam004- 119 -LRB100 11347 RLC 24987 a

1    this Code, including recommendations on whether sentencing
2    under Section 5-4.5-110 of this Code should be adjusted or
3    continued.
4        (5) Perform such other studies or tasks pertaining to
5    sentencing policies as may be requested by the Governor or
6    the Illinois General Assembly.
7        (6) Perform such other functions as may be required by
8    law or as are necessary to carry out the purposes and goals
9    of the Council prescribed in subsection (b).
10        (7) Publish a report on the trends in sentencing for
11    offenders described in subsection (b-1) of Section 5-4-1 of
12    this Code, the impact of the trends on the prison and
13    probation populations, and any changes in the racial
14    composition of the prison and probation populations that
15    can be attributed to the changes made by adding subsection
16    (b-1) of Section 5-4-1 to this Code by Public Act 99-861
17    this amendatory Act of the 99th General Assembly.
18    (e) Authority.
19        (1) The Council shall have the power to perform the
20    functions necessary to carry out its duties, purposes and
21    goals under this Act. In so doing, the Council shall
22    utilize information and analysis developed by the Illinois
23    Criminal Justice Information Authority, the Administrative
24    Office of the Illinois Courts, and the Illinois Department
25    of Corrections.
26        (2) Upon request from the Council, each executive

 

 

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1    agency and department of State and local government shall
2    provide information and records to the Council in the
3    execution of its duties.
4    (f) Report. The Council shall report in writing annually to
5the General Assembly, the Illinois Supreme Court, and the
6Governor.
7    (g) This Section is repealed on December 31, 2020.
8(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;
999-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.".