Sen. Kwame Raoul
Filed: 4/6/2017
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1 | AMENDMENT TO SENATE BILL 1722
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2 | AMENDMENT NO. ______. Amend Senate Bill 1722 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as the Safe
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5 | Neighborhoods Reform Act. | ||||||
6 | Section 5. The Criminal Identification Act is amended by | ||||||
7 | changing Section 2.1 as follows:
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8 | (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
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9 | Sec. 2.1. For the purpose of maintaining complete and | ||||||
10 | accurate
criminal records of the Department of State Police, it | ||||||
11 | is necessary for all
policing bodies of this State, the clerk | ||||||
12 | of the circuit court, the Illinois
Department of Corrections, | ||||||
13 | the sheriff of each county, and State's Attorney
of each county | ||||||
14 | to submit certain criminal arrest, charge, and disposition
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15 | information to the Department for filing at the earliest time |
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1 | possible.
Unless otherwise noted herein, it shall be the duty | ||||||
2 | of all policing bodies
of this State, the clerk of the circuit | ||||||
3 | court, the Illinois Department of
Corrections, the sheriff of | ||||||
4 | each county, and the State's Attorney of each
county to report | ||||||
5 | such information as provided in this Section, both in the
form | ||||||
6 | and manner required by the Department and within 30 days of the
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7 | criminal history event. Specifically:
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8 | (a) Arrest Information. All agencies making arrests for | ||||||
9 | offenses which
are required by statute to be collected, | ||||||
10 | maintained or disseminated by the
Department of State Police | ||||||
11 | shall be responsible
for furnishing daily to the Department | ||||||
12 | fingerprints, charges and
descriptions of all persons who are | ||||||
13 | arrested for such offenses. All such
agencies shall also notify | ||||||
14 | the Department of all decisions by the arresting
agency not to | ||||||
15 | refer
such arrests for prosecution. With approval of the | ||||||
16 | Department, an agency
making such arrests may enter into
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17 | arrangements with other agencies for the purpose of furnishing | ||||||
18 | daily such
fingerprints, charges and descriptions to the | ||||||
19 | Department upon its behalf.
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20 | (b) Charge Information. The State's Attorney of each county | ||||||
21 | shall notify
the Department of all charges filed and all | ||||||
22 | petitions filed alleging that a
minor is delinquent, including | ||||||
23 | all those added subsequent
to the filing of a case, and whether | ||||||
24 | charges were not filed
in cases for which the Department has | ||||||
25 | received information
required to be reported pursuant to | ||||||
26 | paragraph (a) of this Section.
With approval of the Department, |
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1 | the State's Attorney may enter into
arrangements with other | ||||||
2 | agencies for the
purpose of furnishing the information required | ||||||
3 | by this subsection (b) to the
Department upon the State's | ||||||
4 | Attorney's behalf.
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5 | (c) Disposition Information. The clerk of the circuit court | ||||||
6 | of each county
shall furnish the Department, in the form and | ||||||
7 | manner required by the Supreme
Court, with all final | ||||||
8 | dispositions of cases for which the Department
has received | ||||||
9 | information required to be reported pursuant to paragraph (a)
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10 | or (d) of this Section. Such information shall include, for | ||||||
11 | each charge,
all (1) judgments of not guilty, judgments of | ||||||
12 | guilty including the sentence
pronounced by the court with | ||||||
13 | statutory citations to the relevant sentencing provision ,
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14 | findings that a minor is delinquent
and any sentence made based | ||||||
15 | on those findings,
discharges and dismissals in the court; (2)
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16 | reviewing court orders filed with the clerk of the circuit | ||||||
17 | court which
reverse or remand a reported conviction
or findings | ||||||
18 | that a minor is delinquent
or that vacate or modify a sentence
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19 | or sentence made following a trial that a minor is
delinquent;
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20 | (3)
continuances to a date certain in furtherance of an order | ||||||
21 | of supervision
granted under Section 5-6-1 of the Unified Code | ||||||
22 | of Corrections or an order
of probation granted under Section | ||||||
23 | 10 of the Cannabis Control Act, Section
410 of the Illinois | ||||||
24 | Controlled Substances Act, Section 70 of the Methamphetamine | ||||||
25 | Control and Community Protection Act, Section 12-4.3 or | ||||||
26 | subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of |
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1 | 1961 or the Criminal Code of 2012, Section 10-102 of the | ||||||
2 | Illinois Alcoholism and
Other Drug Dependency Act, Section | ||||||
3 | 40-10 of the Alcoholism and Other Drug
Abuse and Dependency | ||||||
4 | Act, Section 10 of the Steroid Control Act, or
Section 5-615 of | ||||||
5 | the Juvenile Court Act of 1987; and
(4) judgments or court | ||||||
6 | orders terminating or revoking a sentence
to or juvenile | ||||||
7 | disposition of probation, supervision or conditional
discharge | ||||||
8 | and any resentencing
or new court orders entered by a juvenile | ||||||
9 | court relating to the disposition
of a minor's case involving | ||||||
10 | delinquency
after such revocation.
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11 | (d) Fingerprints After Sentencing.
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12 | (1) After the court pronounces sentence,
sentences a | ||||||
13 | minor following a trial in which a minor was found to be
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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
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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.
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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
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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.
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21 | (e) Corrections Information. The Illinois Department of | ||||||
22 | Corrections and
the sheriff of each county shall furnish the | ||||||
23 | Department with all information
concerning the receipt, | ||||||
24 | escape, execution, death, release, pardon, parole,
commutation | ||||||
25 | of sentence, granting of executive clemency or discharge of
an | ||||||
26 | individual who has been sentenced or committed to the agency's |
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1 | custody
for any offenses
which are mandated by statute to be | ||||||
2 | collected, maintained or disseminated
by the Department of | ||||||
3 | State Police. For an individual who has been charged
with any | ||||||
4 | such offense and who escapes from custody or dies while in
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5 | custody, all information concerning the receipt and escape or | ||||||
6 | death,
whichever is appropriate, shall also be so furnished to | ||||||
7 | the Department.
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8 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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9 | Section 15. The Criminal Code of 2012 is amended by | ||||||
10 | changing Sections 19-1, 24-1.1, and 24-1.6 as follows:
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11 | (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
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12 | Sec. 19-1. Burglary.
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13 | (a) A person commits burglary when without authority he or | ||||||
14 | she knowingly enters
or without authority remains within a | ||||||
15 | building, housetrailer, watercraft,
aircraft, motor vehicle, | ||||||
16 | railroad
car, or any part thereof, with intent to commit | ||||||
17 | therein a felony or theft.
This offense shall not include the | ||||||
18 | offenses set out in Section 4-102 of the
Illinois Vehicle Code.
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19 | (b) Sentence.
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20 | Burglary committed in, and without causing damage to, a | ||||||
21 | watercraft, aircraft, motor vehicle, railroad car, or any part | ||||||
22 | thereof is a Class 3 felony. Burglary committed in a building, | ||||||
23 | housetrailer, or any part thereof or while causing damage to a | ||||||
24 | watercraft, aircraft, motor vehicle, railroad car, or any part |
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1 | thereof is a Class 2 felony. A burglary committed in a school, | ||||||
2 | day care center, day care home, group day care home, or part | ||||||
3 | day child care facility, or place of
worship is a
Class 1 | ||||||
4 | felony, except that this provision does not apply to a day care | ||||||
5 | center, day care home, group day care home, or part day child | ||||||
6 | care facility operated in a private residence used as a | ||||||
7 | dwelling.
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8 | (c) Regarding penalties prescribed in subsection
(b) for | ||||||
9 | violations committed in a day care center, day care home, group | ||||||
10 | day care home, or part day child care facility, the time of | ||||||
11 | day, time of year, and whether children under 18 years of age | ||||||
12 | were present in the day care center, day care home, group day | ||||||
13 | care 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.)
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15 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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16 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||
17 | Felons or
Persons in the Custody of the
Department of | ||||||
18 | Corrections Facilities. | ||||||
19 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
20 | about his person or on his land or
in his own abode or fixed | ||||||
21 | place of business any weapon prohibited under
Section 24-1 of | ||||||
22 | this Act or any firearm or any firearm ammunition if the
person | ||||||
23 | has been convicted of a felony under the laws of this State or | ||||||
24 | any
other jurisdiction. This Section shall not apply if the | ||||||
25 | person has been
granted relief by the Director of the |
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1 | Department of State Police
under Section 10 of the Firearm | ||||||
2 | Owners Identification
Card Act.
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3 | (b) It is unlawful for any person confined in a penal | ||||||
4 | institution,
which is a facility of the Illinois Department of | ||||||
5 | Corrections, to possess
any weapon prohibited under Section | ||||||
6 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
7 | regardless of the intent with which he possesses it.
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8 | (c) It shall be an affirmative defense to a violation of | ||||||
9 | subsection (b), that such possession was specifically | ||||||
10 | authorized by rule,
regulation, or directive of the Illinois | ||||||
11 | Department of Corrections or order
issued pursuant thereto.
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12 | (d) The defense of necessity is not available to a person | ||||||
13 | who is charged
with a violation of subsection (b) of this | ||||||
14 | Section.
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15 | (e) Sentence. Violation of this Section by a person not | ||||||
16 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
17 | which the person shall be sentenced to no less than 2 years and | ||||||
18 | no
more than 10 years . A and any second or subsequent violation | ||||||
19 | of this Section shall be a Class 2 felony for which the person | ||||||
20 | shall be sentenced to a term of imprisonment of not less than 3 | ||||||
21 | years and not more than 14 years , except as provided for in | ||||||
22 | Section 5-4.5-110 of the Unified Code of Corrections . Violation | ||||||
23 | of this Section by a person not confined in a
penal institution | ||||||
24 | who has been convicted of a forcible felony, a felony
violation | ||||||
25 | of Article 24 of this Code or of the Firearm Owners | ||||||
26 | Identification
Card Act, stalking or aggravated stalking, or a |
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1 | Class 2 or greater felony
under the Illinois Controlled | ||||||
2 | Substances Act, the Cannabis Control Act, or the | ||||||
3 | Methamphetamine Control and Community Protection Act is a
Class | ||||||
4 | 2 felony for which the person
shall be sentenced to not less | ||||||
5 | than 3 years and not more than 14 years , except as provided for | ||||||
6 | in Section 5-4.5-110 of the Unified Code of Corrections .
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7 | Violation of this Section by a person who is on parole or | ||||||
8 | mandatory supervised
release is a Class 2 felony for which the | ||||||
9 | person shall be sentenced to not less than 3 years and not more | ||||||
10 | than 14
years , except as provided for in Section 5-4.5-110 of | ||||||
11 | the Unified Code of Corrections . Violation of this Section by a | ||||||
12 | person not confined in a penal
institution is a Class X felony | ||||||
13 | when the firearm possessed is a machine gun.
Any person who | ||||||
14 | violates this Section while confined in a penal
institution, | ||||||
15 | which is a facility of the Illinois Department of
Corrections, | ||||||
16 | is guilty of a Class 1
felony, if he possesses any weapon | ||||||
17 | prohibited under Section 24-1 of this
Code regardless of the | ||||||
18 | intent with which he possesses it, a Class X
felony if he | ||||||
19 | possesses any firearm, firearm ammunition or explosive, and a
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20 | Class X felony for which the offender shall be sentenced to not | ||||||
21 | less than 12
years and not more than 50 years when the firearm | ||||||
22 | possessed is a machine
gun. A violation of this Section while | ||||||
23 | wearing or in possession of body armor as defined in Section | ||||||
24 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
25 | of not less than 10 years and not more than 40 years.
The | ||||||
26 | possession of each firearm or firearm ammunition in violation |
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1 | of this Section constitutes a single and separate violation.
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2 | (Source: P.A. 97-237, eff. 1-1-12.)
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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 | ||||||
6 | of 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 | ||||||
21 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
22 | (b) "Stun gun or taser" as used in this Section has the | ||||||
23 | same definition
given to it in Section 24-1 of this Code. | ||||||
24 | (c) This Section does not apply to or affect the | ||||||
25 | transportation 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 | ||||||
10 | Section 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 | ||||||
13 | Sections 5.2 and 10 as follows:
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14 | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
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15 | Sec. 5.2. Delivery of cannabis on school grounds.
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16 | (a) Any person who violates subsection (e) of Section 5 in | ||||||
17 | any school,
on the real property comprising any school, or any | ||||||
18 | conveyance owned, leased
or contracted by a school to transport | ||||||
19 | students to or from school or a
school related activity, or on | ||||||
20 | any public way within
500 1,000 feet of the real property | ||||||
21 | comprising any school, or in any conveyance
owned, leased or | ||||||
22 | contracted by a school to transport students to or from
school | ||||||
23 | or a school related activity, and at the time of the violation | ||||||
24 | persons under the age of 18 are present, the offense is |
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1 | committed during school hours, or the offense is committed at | ||||||
2 | times when persons under the age of 18 are reasonably expected | ||||||
3 | to be present in the school, in the conveyance, on the real | ||||||
4 | property, or on the public way, such as when after-school | ||||||
5 | activities are occurring, is guilty of a Class
1 felony, the | ||||||
6 | fine for which shall not exceed $200,000;
| ||||||
7 | (b) Any person who violates subsection (d) of Section 5 in | ||||||
8 | any school,
on the real property comprising any school, or any | ||||||
9 | conveyance owned, leased
or contracted by a school to transport | ||||||
10 | students to or from school or a
school related activity, or on | ||||||
11 | any public way within 500 1,000 feet of the real
property | ||||||
12 | comprising any school, or in any conveyance owned, leased or
| ||||||
13 | contracted by a school to transport students to or from school | ||||||
14 | or a school
related activity, and at the time of the violation | ||||||
15 | persons under the age of 18 are present, the offense is | ||||||
16 | committed during school hours, or the offense is committed at | ||||||
17 | times when persons under the age of 18 are reasonably expected | ||||||
18 | to be present in the school, in the conveyance, on the real | ||||||
19 | property, or on the public way, such as when after-school | ||||||
20 | activities are occurring, is guilty of a Class 2 felony, the | ||||||
21 | fine for which shall
not exceed $100,000;
| ||||||
22 | (c) Any person who violates subsection (c) of Section 5 in | ||||||
23 | any school,
on the real property comprising any school, or any | ||||||
24 | conveyance owned, leased
or contracted by a school to transport | ||||||
25 | students to or from school or a
school related activity, or on | ||||||
26 | any public way within 500 1,000 feet of the real
property |
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1 | comprising any school, or in any conveyance owned, leased or
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2 | contracted by a school to transport students to or from school | ||||||
3 | or a school
related activity, and at the time of the violation | ||||||
4 | persons under the age of 18 are present, the offense is | ||||||
5 | committed during school hours, or the offense is committed at | ||||||
6 | times when persons under the age of 18 are reasonably expected | ||||||
7 | to be present in the school, in the conveyance, on the real | ||||||
8 | property, or on the public way, such as when after-school | ||||||
9 | activities are occurring, is guilty of a Class 3 felony, the | ||||||
10 | fine for which shall
not exceed $50,000;
| ||||||
11 | (d) Any person who violates subsection (b) of Section 5 in | ||||||
12 | any school,
on the real property comprising any school, or any | ||||||
13 | conveyance owned, leased
or contracted by a school to transport | ||||||
14 | students to or from school or a
school related activity, or on | ||||||
15 | any public way within 500 1,000 feet of the real
property | ||||||
16 | comprising any school, or in any conveyance owned, leased or
| ||||||
17 | contracted by a school to transport students to or from school | ||||||
18 | or a school
related activity, and at the time of the violation | ||||||
19 | persons under the age of 18 are present, the offense is | ||||||
20 | committed during school hours, or the offense is committed at | ||||||
21 | times when persons under the age of 18 are reasonably expected | ||||||
22 | to be present in the school, in the conveyance, on the real | ||||||
23 | property, or on the public way, such as when after-school | ||||||
24 | activities are occurring, is guilty of a Class 4 felony, the | ||||||
25 | fine for which shall
not exceed $25,000;
| ||||||
26 | (e) Any person who violates subsection (a) of Section 5 in |
| |||||||
| |||||||
1 | any school,
on the real property comprising any school, or in | ||||||
2 | any conveyance owned, leased
or contracted by a school to | ||||||
3 | transport students to or from school or a
school related | ||||||
4 | activity, on any public way within 500 1,000 feet of the real
| ||||||
5 | property comprising any school, or any conveyance owned, leased | ||||||
6 | or
contracted by a school to transport students to or from | ||||||
7 | school or a school
related activity, and at the time of the | ||||||
8 | violation persons under the age of 18 are present, the offense | ||||||
9 | is committed during school hours, or the offense is committed | ||||||
10 | at times when persons under the age of 18 are reasonably | ||||||
11 | expected to be present in the school, in the conveyance, on the | ||||||
12 | real property, or on the public way, such as when after-school | ||||||
13 | activities 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 | ||||||
17 | been convicted of , or placed
on probation or court supervision | ||||||
18 | for, any felony offense under this Act or any
law of the United | ||||||
19 | States or of any State relating to cannabis, or controlled
| ||||||
20 | substances as defined in the Illinois Controlled Substances | ||||||
21 | Act, pleads
guilty to or is found guilty of violating Sections | ||||||
22 | 4(a), 4(b), 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court | ||||||
23 | may, without entering a
judgment and with the consent of such | ||||||
24 | person, sentence him to probation.
| ||||||
25 | (b) When a person is placed on probation, the court shall |
| |||||||
| |||||||
1 | enter an order
specifying a period of probation of 24 months, | ||||||
2 | and shall defer further
proceedings in
the case until the | ||||||
3 | conclusion of the period or until the filing of a petition
| ||||||
4 | alleging 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) | ||||||
7 | refrain from possession of a
firearm
or other dangerous weapon; | ||||||
8 | (3) submit to periodic drug testing at a time and in
a manner | ||||||
9 | as ordered by the court, but no less than 3 times during the | ||||||
10 | period of
the probation, with the cost of the testing to be | ||||||
11 | paid by the probationer; and
(4) perform no less than 30 hours | ||||||
12 | of community service, provided community
service is available | ||||||
13 | in the jurisdiction and is funded and approved by the
county | ||||||
14 | board.
| ||||||
15 | (d) The court may, in addition to other conditions, require
| ||||||
16 | that 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 |
| |||||||
| |||||||
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
| ||||||
19 | court
may enter a judgment on its original finding of guilt and | ||||||
20 | proceed as otherwise
provided.
| ||||||
21 | (f) Upon fulfillment of the terms and
conditions of | ||||||
22 | probation, the court shall discharge such person and dismiss
| ||||||
23 | the proceedings against him.
| ||||||
24 | (g) A disposition of probation is considered to be a | ||||||
25 | conviction
for the purposes of imposing the conditions of | ||||||
26 | probation and for appeal,
however, discharge and dismissal |
| |||||||
| |||||||
1 | under this Section is not a conviction for
purposes of | ||||||
2 | disqualification or disabilities imposed by law upon | ||||||
3 | conviction of
a crime (including the additional penalty imposed | ||||||
4 | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||||||
5 | of this Act).
| ||||||
6 | (h) A person may not have more than one discharge Discharge | ||||||
7 | and dismissal under this Section within a 4-year period ,
| ||||||
8 | Section 410 of the Illinois Controlled Substances Act, Section | ||||||
9 | 70 of the Methamphetamine Control and Community Protection Act, | ||||||
10 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, | ||||||
11 | or subsection (c) of Section 11-14 of the Criminal Code of 1961 | ||||||
12 | or the Criminal Code of 2012 may occur only once
with respect | ||||||
13 | to any person .
| ||||||
14 | (i) If a person is convicted of an offense under this Act, | ||||||
15 | the Illinois
Controlled Substances Act, or the Methamphetamine | ||||||
16 | Control and Community Protection Act within 5 years
subsequent | ||||||
17 | to a discharge and dismissal under this Section, the discharge | ||||||
18 | and
dismissal under this Section shall be admissible in the | ||||||
19 | sentencing proceeding
for that conviction
as a factor in | ||||||
20 | aggravation.
| ||||||
21 | (j) Notwithstanding subsection (a), before a person is | ||||||
22 | sentenced to probation under this Section, the court may refer | ||||||
23 | the person to the drug court established in that judicial | ||||||
24 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
25 | The drug court team shall evaluate the person's likelihood of | ||||||
26 | successfully completing a sentence of probation under this |
| |||||||
| |||||||
1 | Section and shall report the results of its evaluation to the | ||||||
2 | court. If the drug court team finds that the person suffers | ||||||
3 | from a substance abuse problem that makes him or her | ||||||
4 | substantially unlikely to successfully complete a sentence of | ||||||
5 | probation under this Section, then the drug court shall set | ||||||
6 | forth its findings in the form of a written order, and the | ||||||
7 | person shall not be sentenced to probation under this Section, | ||||||
8 | but 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 | ||||||
11 | amended 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 | ||||||
14 | violates any
subsection of Section 401 or subsection (b) of | ||||||
15 | Section 404 by delivering a
controlled, counterfeit or | ||||||
16 | look-alike substance to a person under 18 years
of age may be | ||||||
17 | sentenced to imprisonment for a term up to twice the maximum
| ||||||
18 | term and fined an amount up to twice that amount otherwise | ||||||
19 | authorized by
the pertinent subsection of Section 401 and | ||||||
20 | Subsection (b) of Section 404.
| ||||||
21 | (B) (Blank).
| ||||||
22 | (2) Except as provided in paragraph (3) of this subsection, | ||||||
23 | any person
who violates:
| ||||||
24 | (A) subsection (c) of Section 401 by delivering or |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
11 | subsection (a) by
delivering or possessing with intent to | ||||||
12 | deliver a controlled, counterfeit,
or look-alike substance in | ||||||
13 | or on, or within 500 1,000 feet of a truck stop or a
safety rest | ||||||
14 | area, following a prior conviction or convictions of paragraph
| ||||||
15 | (2) of this subsection (a) may be sentenced to a term of | ||||||
16 | imprisonment up to
2 times the maximum term and fined an amount | ||||||
17 | up 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.
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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,
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
23 | violations committed in a school or on or within 500
1,000 feet | ||||||
24 | of school property, the time of day and , time of year and | ||||||
25 | whether
classes were currently in session at the time of the | ||||||
26 | offense is irrelevant.
|
| |||||||
| |||||||
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 | ||||||
4 | been convicted
of , or placed on probation or court supervision | ||||||
5 | for any felony offense under this
Act or any law of the United | ||||||
6 | States or of any State relating to cannabis
or controlled | ||||||
7 | substances, pleads guilty to or is found guilty of possession
| ||||||
8 | of a controlled or counterfeit substance under subsection (c) | ||||||
9 | of Section
402 or of unauthorized possession of prescription | ||||||
10 | form under Section 406.2, the court, without entering a | ||||||
11 | judgment and with the consent of such
person, may sentence him | ||||||
12 | or her to probation.
| ||||||
13 | (b) When a person is placed on probation, the court shall | ||||||
14 | enter an order
specifying a period of probation of 24 months | ||||||
15 | and shall defer further
proceedings in the case until the | ||||||
16 | conclusion of the period or until the
filing of a petition | ||||||
17 | alleging 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) | ||||||
20 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
21 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
22 | as ordered by the court, but no less than 3
times during the | ||||||
23 | period of the probation, with the cost of the testing to be
| ||||||
24 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
25 | of community
service, provided community service is available |
| |||||||
| |||||||
1 | in the jurisdiction and is
funded
and approved by the county | ||||||
2 | board.
| ||||||
3 | (d) The court may, in addition to other conditions, require | ||||||
4 | that 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 |
| |||||||
| |||||||
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 | ||||||
7 | court
may enter a judgment on its original finding of guilt and | ||||||
8 | proceed as
otherwise provided.
| ||||||
9 | (f) Upon fulfillment of the terms and conditions of | ||||||
10 | probation, the court
shall discharge the person and dismiss the | ||||||
11 | proceedings against him or her.
| ||||||
12 | (g) A disposition of probation is considered to be a | ||||||
13 | conviction
for the purposes of imposing the conditions of | ||||||
14 | probation and for appeal,
however, discharge and dismissal | ||||||
15 | under this Section is not a conviction for
purposes of this Act | ||||||
16 | or for purposes of disqualifications or disabilities
imposed by | ||||||
17 | law upon conviction of a crime.
| ||||||
18 | (h) A person may not have more than There may be only one | ||||||
19 | discharge and dismissal under this Section within a 4-year | ||||||
20 | period ,
Section 10 of the Cannabis Control Act, Section 70 of | ||||||
21 | the Methamphetamine Control and Community Protection Act, | ||||||
22 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, | ||||||
23 | or subsection (c) of Section 11-14 of the Criminal Code of 1961 | ||||||
24 | or the Criminal Code of 2012 with respect to any person .
| ||||||
25 | (i) If a person is convicted of an offense under this Act, | ||||||
26 | the Cannabis
Control Act, or the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act within 5 years
subsequent to a | ||||||
2 | discharge and dismissal under this Section, the discharge and
| ||||||
3 | dismissal under this Section shall be admissible in the | ||||||
4 | sentencing proceeding
for that conviction
as evidence in | ||||||
5 | aggravation.
| ||||||
6 | (j) Notwithstanding subsection (a), before a person is | ||||||
7 | sentenced to probation under this Section, the court may refer | ||||||
8 | the person to the drug court established in that judicial | ||||||
9 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
10 | The drug court team shall evaluate the person's likelihood of | ||||||
11 | successfully completing a sentence of probation under this | ||||||
12 | Section and shall report the results of its evaluation to the | ||||||
13 | court. If the drug court team finds that the person suffers | ||||||
14 | from a substance abuse problem that makes him or her | ||||||
15 | substantially unlikely to successfully complete a sentence of | ||||||
16 | probation under this Section, then the drug court shall set | ||||||
17 | forth its findings in the form of a written order, and the | ||||||
18 | person shall not be sentenced to probation under this Section, | ||||||
19 | but 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 | ||||||
22 | Protection Act is amended by changing Sections 15, 55, and 70 | ||||||
23 | as follows: | ||||||
24 | (720 ILCS 646/15) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
19 | manufacturing.
| ||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
20 | methamphetamine 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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
15 | deliver methamphetamine or a substance containing | ||||||
16 | methamphetamine.
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
12 | convicted of , or placed on probation or court supervision for | ||||||
13 | any felony offense under this Act, the Illinois Controlled | ||||||
14 | Substances Act, the Cannabis Control Act, or any law of the | ||||||
15 | United States or of any state relating to cannabis or | ||||||
16 | controlled substances, pleads guilty to or is found guilty of | ||||||
17 | possession of less than 15 grams of methamphetamine under | ||||||
18 | paragraph (1) or (2) of subsection (b) of Section 60 of this | ||||||
19 | Act, the court, without entering a judgment and with the | ||||||
20 | consent of the person, may sentence him or her to probation.
| ||||||
21 | (b) When a person is placed on probation, the court shall | ||||||
22 | enter an order specifying a period of probation of 24 months | ||||||
23 | and shall defer further proceedings in the case until the | ||||||
24 | conclusion of the period or until the filing of a petition | ||||||
25 | alleging violation of a term or condition of probation.
|
| |||||||
| |||||||
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 | ||||||
14 | that 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;
|
| |||||||
| |||||||
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 | ||||||
17 | court may enter a judgment on its original finding of guilt and | ||||||
18 | proceed as otherwise provided.
| ||||||
19 | (f) Upon fulfillment of the terms and conditions of | ||||||
20 | probation, the court shall discharge the person and dismiss the | ||||||
21 | proceedings against the person.
| ||||||
22 | (g) A disposition of probation is considered to be a | ||||||
23 | conviction for the purposes of imposing the conditions of | ||||||
24 | probation and for appeal, however, discharge and dismissal | ||||||
25 | under this Section is not a conviction for purposes of this Act | ||||||
26 | or for purposes of disqualifications or disabilities imposed by |
| |||||||
| |||||||
1 | law upon conviction of a crime.
| ||||||
2 | (h) A person may not have more than There may be only one | ||||||
3 | discharge and dismissal under this Section within a 4-year | ||||||
4 | period , Section 410 of the Illinois Controlled Substances Act, | ||||||
5 | Section 10 of the Cannabis Control Act, Section 5-6-3.3 or | ||||||
6 | 5-6-3.4 of the Unified Code of Corrections, or subsection (c) | ||||||
7 | of Section 11-14 of the Criminal Code of 1961 or the Criminal | ||||||
8 | Code of 2012 with respect to any person .
| ||||||
9 | (i) If a person is convicted of an offense under this Act, | ||||||
10 | the Cannabis Control Act, or the Illinois Controlled Substances | ||||||
11 | Act within 5 years subsequent to a discharge and dismissal | ||||||
12 | under this Section, the discharge and dismissal under this | ||||||
13 | Section are admissible in the sentencing proceeding for that | ||||||
14 | conviction as evidence in aggravation.
| ||||||
15 | (j) Notwithstanding subsection (a), before a person is | ||||||
16 | sentenced to probation under this Section, the court may refer | ||||||
17 | the person to the drug court established in that judicial | ||||||
18 | circuit pursuant to Section 15 of the Drug Court Treatment Act. | ||||||
19 | The drug court team shall evaluate the person's likelihood of | ||||||
20 | successfully completing a sentence of probation under this | ||||||
21 | Section and shall report the results of its evaluation to the | ||||||
22 | court. If the drug court team finds that the person suffers | ||||||
23 | from a substance abuse problem that makes him or her | ||||||
24 | substantially unlikely to successfully complete a sentence of | ||||||
25 | probation under this Section, then the drug court shall set | ||||||
26 | forth its findings in the form of a written order, and the |
| |||||||
| |||||||
1 | person shall not be sentenced to probation under this Section, | ||||||
2 | but 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 | ||||||
5 | changing Sections 3-3-8, 3-6-3, 5-4.5-95, 5-6-3.3, 5-6-3.4, | ||||||
6 | and 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
| ||||||
9 | release; discharge. | ||||||
10 | (a) The length of parole
for a person sentenced under the | ||||||
11 | law in effect prior to
the effective date of this amendatory | ||||||
12 | Act of 1977 and the
length of mandatory supervised release for | ||||||
13 | those sentenced
under the law in effect on and after such | ||||||
14 | effective date
shall be as set out in Section 5-8-1 unless | ||||||
15 | sooner terminated
under paragraph (b) of this Section.
| ||||||
16 | (b) The Prisoner Review Board may enter an order
releasing | ||||||
17 | and discharging one from parole or mandatory
supervised | ||||||
18 | release, and his or her commitment to the Department,
when it | ||||||
19 | determines that he or she is likely to remain at liberty
| ||||||
20 | without committing another offense.
| ||||||
21 | (b-1) Provided that the subject is in compliance with the | ||||||
22 | terms and conditions of his or her parole or mandatory | ||||||
23 | supervised release, the Prisoner Review Board may reduce the | ||||||
24 | period of a parolee or releasee's parole or mandatory |
| |||||||
| |||||||
1 | supervised release by 90 days upon the parolee or releasee | ||||||
2 | receiving a high school diploma or upon passage of high school | ||||||
3 | equivalency testing during the period of his or her parole or | ||||||
4 | mandatory supervised release. This reduction in the period of a | ||||||
5 | subject's term of parole or mandatory supervised release shall | ||||||
6 | be available only to subjects who have not previously earned a | ||||||
7 | high school diploma or who have not previously passed high | ||||||
8 | school equivalency testing. | ||||||
9 | (b-2) The Prisoner Review Board may release a low-risk and | ||||||
10 | need subject person from mandatory supervised release as | ||||||
11 | determined by an appropriate evidence-based risk and need | ||||||
12 | assessment. | ||||||
13 | (c) The order of discharge shall become effective upon | ||||||
14 | entry of the
order of the Board. The Board shall notify the | ||||||
15 | clerk of the committing
court of the order. Upon receipt of | ||||||
16 | such copy, the clerk shall make an
entry on the record judgment | ||||||
17 | that the sentence or commitment has been
satisfied pursuant to | ||||||
18 | the order.
| ||||||
19 | (d) Rights of the person discharged under this
Section | ||||||
20 | shall 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, | ||||||
22 | eff. 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.
|
| |||||||
| |||||||
1 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
2 | and regulations for awarding and revoking sentence credit for | ||||||
3 | persons committed to the Department which shall
be subject to | ||||||
4 | review by the Prisoner Review Board.
| ||||||
5 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
6 | awarded 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 | ||||||
15 | provide, with
respect to offenses listed in clause (i), (ii), | ||||||
16 | or (iii) of this paragraph (2) committed on or after June 19, | ||||||
17 | 1998 or with respect to the offense listed in clause (iv) of | ||||||
18 | this paragraph (2) committed on or after June 23, 2005 (the | ||||||
19 | effective date of Public Act 94-71) or with
respect to offense | ||||||
20 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
21 | effective date of Public Act 95-625)
or with respect to the | ||||||
22 | offense of being an armed habitual criminal committed on or | ||||||
23 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
24 | or with respect to the offenses listed in clause (v) of this | ||||||
25 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
26 | effective date of Public Act 95-134) or with respect to the |
| |||||||
| |||||||
1 | offense of aggravated domestic battery committed on or after | ||||||
2 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
3 | with respect to the offense of attempt to commit terrorism | ||||||
4 | committed on or after January 1, 2013 (the effective date of | ||||||
5 | Public 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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
21 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
22 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
23 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
24 | subdivision (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 |
| |||||||
| |||||||
1 | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||||||
2 | on or after July 23, 2010 (the effective date of Public Act | ||||||
3 | 96-1224), and other than the offense of aggravated driving | ||||||
4 | under the influence of alcohol, other drug or drugs, or
| ||||||
5 | intoxicating compound or compounds, or any combination thereof | ||||||
6 | as defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
7 | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||||||
8 | than the offense of aggravated driving under the influence of | ||||||
9 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
10 | compounds, or any combination
thereof as defined in | ||||||
11 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
12 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
13 | January 1, 2011 (the effective date of Public Act 96-1230),
the | ||||||
14 | rules and regulations shall
provide that a prisoner who is | ||||||
15 | serving a term of
imprisonment shall receive one day of | ||||||
16 | sentence credit for each day of
his or her sentence of | ||||||
17 | imprisonment or recommitment under Section 3-3-9.
Each day of | ||||||
18 | sentence credit shall reduce by one day the prisoner's period
| ||||||
19 | of imprisonment or recommitment under Section 3-3-9.
| ||||||
20 | (2.2) A prisoner serving a term of natural life | ||||||
21 | imprisonment or a
prisoner who has been sentenced to death | ||||||
22 | shall receive no sentence
credit.
| ||||||
23 | (2.3) The rules and regulations on sentence credit shall | ||||||
24 | provide that
a prisoner who is serving a sentence for | ||||||
25 | aggravated driving under the influence of alcohol,
other drug | ||||||
26 | or drugs, or intoxicating compound or compounds, or any |
| |||||||
| |||||||
1 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
2 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
3 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
4 | for each month of his or her sentence of
imprisonment.
| ||||||
5 | (2.4) The rules and regulations on sentence credit shall | ||||||
6 | provide with
respect to the offenses of aggravated battery with | ||||||
7 | a machine gun or a firearm
equipped with any device or | ||||||
8 | attachment designed or used for silencing the
report of a | ||||||
9 | firearm or aggravated discharge of a machine gun or a firearm
| ||||||
10 | equipped with any device or attachment designed or used for | ||||||
11 | silencing the
report of a firearm, committed on or after
July | ||||||
12 | 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
13 | prisoner serving a sentence for any of these offenses shall | ||||||
14 | receive no
more than 4.5 days of sentence credit for each month | ||||||
15 | of his or her sentence
of imprisonment.
| ||||||
16 | (2.5) The rules and regulations on sentence credit shall | ||||||
17 | provide that a
prisoner who is serving a sentence for | ||||||
18 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
19 | effective date of Public Act 92-176) shall receive no more than
| ||||||
20 | 4.5 days of sentence credit for each month of his or her | ||||||
21 | sentence of
imprisonment.
| ||||||
22 | (2.6) The rules and regulations on sentence credit shall | ||||||
23 | provide that a
prisoner who is serving a sentence for | ||||||
24 | aggravated driving under the influence of alcohol,
other drug | ||||||
25 | or drugs, or intoxicating compound or compounds or any | ||||||
26 | combination
thereof as defined in subparagraph (C) of paragraph |
| |||||||
| |||||||
1 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
2 | Code committed on or after January 1, 2011 (the effective date | ||||||
3 | of Public Act 96-1230) shall receive no more than 4.5
days of | ||||||
4 | sentence credit for each month of his or her sentence of
| ||||||
5 | imprisonment. | ||||||
6 | (3) The rules and regulations shall also provide that
the | ||||||
7 | Director may award up to 180 days additional sentence
credit | ||||||
8 | for good conduct in specific instances as the
Director deems | ||||||
9 | proper. The good conduct may include, but is not limited to, | ||||||
10 | compliance with the rules and regulations of the Department, | ||||||
11 | service to the Department, service to a community, or service | ||||||
12 | to the State. However, the Director shall not award more than | ||||||
13 | 90 days
of sentence credit for good conduct to any prisoner who | ||||||
14 | is serving a sentence for
conviction of first degree murder, | ||||||
15 | reckless homicide while under the
influence of alcohol or any | ||||||
16 | other drug,
or aggravated driving under the influence of | ||||||
17 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
18 | compounds, or any combination thereof as defined in
| ||||||
19 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
20 | 11-501 of the
Illinois Vehicle Code, aggravated kidnapping, | ||||||
21 | kidnapping,
predatory criminal sexual assault of a child,
| ||||||
22 | aggravated criminal sexual assault, criminal sexual assault, | ||||||
23 | deviate sexual
assault, aggravated criminal sexual abuse, | ||||||
24 | aggravated indecent liberties
with a child, indecent liberties | ||||||
25 | with a child, child pornography, heinous
battery as described | ||||||
26 | in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, |
| |||||||
| |||||||
1 | aggravated battery of a spouse, aggravated battery of a spouse
| ||||||
2 | with a firearm, stalking, aggravated stalking, aggravated | ||||||
3 | battery of a child as described in Section 12-4.3 or | ||||||
4 | subdivision (b)(1) of Section 12-3.05,
endangering the life or | ||||||
5 | health of a child, or cruelty to a child. Notwithstanding the | ||||||
6 | foregoing, sentence credit for
good conduct shall not be | ||||||
7 | awarded on a
sentence of imprisonment imposed for conviction | ||||||
8 | of: (i) one of the offenses
enumerated in subdivision | ||||||
9 | (a)(2)(i), (ii), or (iii) when the offense is committed on or | ||||||
10 | after
June 19, 1998 or subdivision (a)(2)(iv) when the offense | ||||||
11 | is committed on or after June 23, 2005 (the effective date of | ||||||
12 | Public Act 94-71) or subdivision (a)(2)(v) when the offense is | ||||||
13 | committed on or after August 13, 2007 (the effective date of | ||||||
14 | Public Act 95-134)
or subdivision (a)(2)(vi) when the offense | ||||||
15 | is committed on or after June 1, 2008 (the effective date of | ||||||
16 | Public Act 95-625) or subdivision (a)(2)(vii) when the offense | ||||||
17 | is committed on or after July 23, 2010 (the effective date of | ||||||
18 | Public Act 96-1224), (ii) aggravated driving under the | ||||||
19 | influence of alcohol, other drug or drugs, or
intoxicating | ||||||
20 | compound or compounds, or any combination thereof as defined in
| ||||||
21 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
22 | 11-501 of the
Illinois Vehicle Code, (iii) one of the offenses | ||||||
23 | enumerated in subdivision
(a)(2.4) when the offense is | ||||||
24 | committed on or after
July 15, 1999 (the effective date of | ||||||
25 | Public Act 91-121),
(iv) aggravated arson when the offense is | ||||||
26 | committed
on or after July 27, 2001 (the effective date of |
| |||||||
| |||||||
1 | Public Act 92-176), (v) offenses that may subject the offender | ||||||
2 | to commitment under the Sexually Violent Persons Commitment | ||||||
3 | Act, or (vi) aggravated driving under the influence of alcohol,
| ||||||
4 | other drug or drugs, or intoxicating compound or compounds or | ||||||
5 | any combination
thereof as defined in subparagraph (C) of | ||||||
6 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
7 | Illinois 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 | ||||||
10 | paragraph (3) may be selected to receive the credit at
the | ||||||
11 | Director's or his or her designee's sole discretion.
| ||||||
12 | Consideration may be based on, but not limited to, any
| ||||||
13 | available risk assessment analysis on the inmate, any history | ||||||
14 | of conviction for violent crimes as defined by the Rights of | ||||||
15 | Crime Victims and Witnesses Act, facts and circumstances of the | ||||||
16 | inmate's holding offense or offenses, and the potential for | ||||||
17 | rehabilitation. | ||||||
18 | The Director shall not award sentence credit under this | ||||||
19 | paragraph (3) to an inmate unless the inmate has served a | ||||||
20 | minimum of 60 days of the sentence; except nothing in this | ||||||
21 | paragraph shall be construed to permit the Director to extend | ||||||
22 | an inmate's sentence beyond that which was imposed by the | ||||||
23 | court. Prior to awarding credit under this paragraph (3), the | ||||||
24 | Director 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 |
| |||||||
| |||||||
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 | ||||||
5 | written determination required in this subsection. | ||||||
6 | (3.5) The Department shall provide annual written reports | ||||||
7 | to the Governor and the General Assembly on the award of | ||||||
8 | sentence credit for good conduct, with the first report due | ||||||
9 | January 1, 2014. The Department must publish both reports on | ||||||
10 | its website within 48 hours of transmitting the reports to the | ||||||
11 | Governor 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 | ||||||
21 | sentence
credit accumulated and retained under paragraph (2.1) | ||||||
22 | of subsection (a) of
this Section by any inmate during specific | ||||||
23 | periods of time in which such
inmate is engaged full-time in | ||||||
24 | substance abuse programs, correctional
industry assignments, | ||||||
25 | educational programs, behavior modification programs, life | ||||||
26 | skills courses, or re-entry planning provided by the Department
|
| |||||||
| |||||||
1 | under this paragraph (4) and satisfactorily completes the | ||||||
2 | assigned program as
determined by the standards of the | ||||||
3 | Department, shall be multiplied by a factor
of 1.25 for program | ||||||
4 | participation before August 11, 1993
and 1.50 for program | ||||||
5 | participation on or after that date.
The rules and regulations | ||||||
6 | shall also provide that sentence credit, subject to the same | ||||||
7 | offense limits and multiplier provided in this paragraph, may | ||||||
8 | be provided to an inmate who was held in pre-trial detention | ||||||
9 | prior to his or her current commitment to the Department of | ||||||
10 | Corrections and successfully completed a full-time, 60-day or | ||||||
11 | longer substance abuse program, educational program, behavior | ||||||
12 | modification program, life skills course, or re-entry planning | ||||||
13 | provided by the county department of corrections or county | ||||||
14 | jail. Calculation of this county program credit shall be done | ||||||
15 | at sentencing as provided in Section 5-4.5-100 of this Code and | ||||||
16 | shall be included in the sentencing order. However, no inmate | ||||||
17 | shall be eligible for the additional sentence credit
under this | ||||||
18 | paragraph (4) or (4.1) of this subsection (a) while assigned to | ||||||
19 | a boot camp
or electronic detention, or if convicted of an | ||||||
20 | offense enumerated in
subdivision (a)(2)(i), (ii), or (iii) of | ||||||
21 | this Section that is committed on or after June 19,
1998 or | ||||||
22 | subdivision (a)(2)(iv) of this Section that is committed on or | ||||||
23 | after June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
24 | subdivision (a)(2)(v) of this Section that is committed on or | ||||||
25 | after August 13, 2007 (the effective date of Public Act 95-134)
| ||||||
26 | or subdivision (a)(2)(vi) when the offense is committed on or |
| |||||||
| |||||||
1 | after June 1, 2008 (the effective date of Public Act 95-625) or | ||||||
2 | subdivision (a)(2)(vii) when the offense is committed on or | ||||||
3 | after July 23, 2010 (the effective date of Public Act 96-1224), | ||||||
4 | or if convicted of aggravated driving under the influence of | ||||||
5 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
6 | compounds or any combination thereof as defined in
subparagraph | ||||||
7 | (F) of paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
8 | Illinois Vehicle Code, or if convicted of aggravated driving | ||||||
9 | under the influence of alcohol,
other drug or drugs, or | ||||||
10 | intoxicating compound or compounds or any combination
thereof | ||||||
11 | as defined in subparagraph (C) of paragraph (1) of subsection | ||||||
12 | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||||||
13 | or after January 1, 2011 (the effective date of Public Act | ||||||
14 | 96-1230), or if convicted of an offense enumerated in paragraph
| ||||||
15 | (a)(2.4) of this Section that is committed on or after
July 15, | ||||||
16 | 1999 (the effective date of Public Act 91-121),
or first degree | ||||||
17 | murder, a Class X felony, criminal sexual
assault, felony | ||||||
18 | criminal sexual abuse, aggravated criminal sexual abuse,
| ||||||
19 | aggravated battery with a firearm as described in Section | ||||||
20 | 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||||||
21 | Section 12-3.05, or any predecessor or successor offenses
with | ||||||
22 | the same or substantially the same elements, or any inchoate | ||||||
23 | offenses
relating to the foregoing offenses. No inmate shall be | ||||||
24 | eligible for the
additional good conduct credit under this | ||||||
25 | paragraph (4) who (i) has previously
received increased good | ||||||
26 | conduct credit under this paragraph (4) and has
subsequently |
| |||||||
| |||||||
1 | been convicted of a
felony, or (ii) has previously served more | ||||||
2 | than one prior sentence of
imprisonment for a felony in an | ||||||
3 | adult correctional facility.
| ||||||
4 | Educational, vocational, substance abuse, behavior | ||||||
5 | modification programs, life skills courses, re-entry planning, | ||||||
6 | and correctional
industry programs under which sentence credit | ||||||
7 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
8 | of this subsection (a) shall be evaluated by the Department on | ||||||
9 | the basis of
documented standards. The Department shall report | ||||||
10 | the results of these
evaluations to the Governor and the | ||||||
11 | General Assembly by September 30th of each
year. The reports | ||||||
12 | shall include data relating to the recidivism rate among
| ||||||
13 | program participants.
| ||||||
14 | Availability of these programs shall be subject to the
| ||||||
15 | limits of fiscal resources appropriated by the General Assembly | ||||||
16 | for these
purposes. Eligible inmates who are denied immediate | ||||||
17 | admission shall be
placed on a waiting list under criteria | ||||||
18 | established by the Department.
The inability of any inmate to | ||||||
19 | become engaged in any such programs
by reason of insufficient | ||||||
20 | program resources or for any other reason
established under the | ||||||
21 | rules and regulations of the Department shall not be
deemed a | ||||||
22 | cause of action under which the Department or any employee or
| ||||||
23 | agent of the Department shall be liable for damages to the | ||||||
24 | inmate.
| ||||||
25 | (4.1) The rules and regulations shall also provide that an | ||||||
26 | additional 90 days of sentence credit shall be awarded to any |
| |||||||
| |||||||
1 | prisoner who passes high school equivalency testing while the | ||||||
2 | prisoner is committed to the Department of Corrections. The | ||||||
3 | sentence credit awarded under this paragraph (4.1) shall be in | ||||||
4 | addition to, and shall not affect, the award of sentence credit | ||||||
5 | under any other paragraph of this Section, but shall also be | ||||||
6 | pursuant to the guidelines and restrictions set forth in | ||||||
7 | paragraph (4) of subsection (a) of this Section.
The sentence | ||||||
8 | credit provided for in this paragraph shall be available only | ||||||
9 | to those prisoners who have not previously earned a high school | ||||||
10 | diploma or a high school equivalency certificate. If, after an | ||||||
11 | award of the high school equivalency testing sentence credit | ||||||
12 | has been made, the Department determines that the prisoner was | ||||||
13 | not eligible, then the award shall be revoked.
The Department | ||||||
14 | may also award 90 days of sentence credit to any committed | ||||||
15 | person who passed high school equivalency testing while he or | ||||||
16 | she was held in pre-trial detention prior to the current | ||||||
17 | commitment to the Department of Corrections. | ||||||
18 | (4.5) The rules and regulations on sentence credit shall | ||||||
19 | also provide that
when the court's sentencing order recommends | ||||||
20 | a prisoner for substance abuse treatment and the
crime was | ||||||
21 | committed on or after September 1, 2003 (the effective date of
| ||||||
22 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
23 | credit awarded under clause (3) of this subsection (a) unless | ||||||
24 | he or she participates in and
completes a substance abuse | ||||||
25 | treatment program. The Director may waive the requirement to | ||||||
26 | participate in or complete a substance abuse treatment program |
| |||||||
| |||||||
1 | and award the sentence credit in specific instances if the | ||||||
2 | prisoner is not a good candidate for a substance abuse | ||||||
3 | treatment program for medical, programming, or operational | ||||||
4 | reasons. Availability of
substance abuse treatment shall be | ||||||
5 | subject to the limits of fiscal resources
appropriated by the | ||||||
6 | General Assembly for these purposes. If treatment is not
| ||||||
7 | available and the requirement to participate and complete the | ||||||
8 | treatment has not been waived by the Director, the prisoner | ||||||
9 | shall be placed on a waiting list under criteria
established by | ||||||
10 | the Department. The Director may allow a prisoner placed on
a | ||||||
11 | waiting list to participate in and complete a substance abuse | ||||||
12 | education class or attend substance
abuse self-help meetings in | ||||||
13 | lieu of a substance abuse treatment program. A prisoner on a | ||||||
14 | waiting list who is not placed in a substance abuse program | ||||||
15 | prior to release may be eligible for a waiver and receive | ||||||
16 | sentence credit under clause (3) of this subsection (a) at the | ||||||
17 | discretion of the Director.
| ||||||
18 | (4.6) The rules and regulations on sentence credit shall | ||||||
19 | also provide that a prisoner who has been convicted of a sex | ||||||
20 | offense as defined in Section 2 of the Sex Offender | ||||||
21 | Registration Act shall receive no sentence credit unless he or | ||||||
22 | she either has successfully completed or is participating in | ||||||
23 | sex offender treatment as defined by the Sex Offender | ||||||
24 | Management Board. However, prisoners who are waiting to receive | ||||||
25 | treatment, but who are unable to do so due solely to the lack | ||||||
26 | of resources on the part of the Department, may, at the |
| |||||||
| |||||||
1 | Director's sole discretion, be awarded sentence credit at a | ||||||
2 | rate as the Director shall determine. | ||||||
3 | (5) Whenever the Department is to release any inmate | ||||||
4 | earlier than it
otherwise would because of a grant of sentence | ||||||
5 | credit for good conduct under paragraph (3) of subsection (a) | ||||||
6 | of this Section given at any time during the term, the | ||||||
7 | Department shall give
reasonable notice of the impending | ||||||
8 | release not less than 14 days prior to the date of the release | ||||||
9 | to the State's
Attorney of the county where the prosecution of | ||||||
10 | the inmate took place, and if applicable, the State's Attorney | ||||||
11 | of the county into which the inmate will be released. The | ||||||
12 | Department must also make identification information and a | ||||||
13 | recent photo of the inmate being released accessible on the | ||||||
14 | Internet by means of a hyperlink labeled "Community | ||||||
15 | Notification of Inmate Early Release" on the Department's World | ||||||
16 | Wide Web homepage.
The identification information shall | ||||||
17 | include the inmate's: name, any known alias, date of birth, | ||||||
18 | physical characteristics, commitment offense and county where | ||||||
19 | conviction was imposed. The identification information shall | ||||||
20 | be placed on the website within 3 days of the inmate's release | ||||||
21 | and the information may not be removed until either: completion | ||||||
22 | of the first year of mandatory supervised release or return of | ||||||
23 | the inmate to custody of the Department.
| ||||||
24 | (b) Whenever a person is or has been committed under
| ||||||
25 | several convictions, with separate sentences, the sentences
| ||||||
26 | shall be construed under Section 5-8-4 in granting and
|
| |||||||
| |||||||
1 | forfeiting of sentence credit.
| ||||||
2 | (c) The Department shall prescribe rules and regulations
| ||||||
3 | for revoking sentence credit, including revoking sentence | ||||||
4 | credit awarded for good conduct under paragraph (3) of | ||||||
5 | subsection (a) of this Section. The Department shall prescribe | ||||||
6 | rules and regulations for suspending or reducing
the rate of | ||||||
7 | accumulation of sentence credit for specific
rule violations, | ||||||
8 | during imprisonment. These rules and regulations
shall provide | ||||||
9 | that no inmate may be penalized more than one
year of sentence | ||||||
10 | credit for any one infraction.
| ||||||
11 | When the Department seeks to revoke, suspend or reduce
the | ||||||
12 | rate of accumulation of any sentence credits for
an alleged | ||||||
13 | infraction of its rules, it shall bring charges
therefor | ||||||
14 | against the prisoner sought to be so deprived of
sentence | ||||||
15 | credits before the Prisoner Review Board as
provided in | ||||||
16 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
17 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
18 | month period, the cumulative amount of
credit revoked exceeds | ||||||
19 | 30 days except where the infraction is committed
or discovered | ||||||
20 | within 60 days of scheduled release. In those cases,
the | ||||||
21 | Department of Corrections may revoke up to 30 days of sentence | ||||||
22 | credit.
The Board may subsequently approve the revocation of | ||||||
23 | additional sentence credit, if the Department seeks to revoke | ||||||
24 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
25 | not be empowered to review the
Department's decision with | ||||||
26 | respect to the loss of 30 days of sentence
credit within any |
| |||||||
| |||||||
1 | calendar year for any prisoner or to increase any penalty
| ||||||
2 | beyond the length requested by the Department.
| ||||||
3 | The Director of the Department of Corrections, in | ||||||
4 | appropriate cases, may
restore up to 30 days of sentence | ||||||
5 | credits which have been revoked, suspended
or reduced. Any | ||||||
6 | restoration of sentence credits in excess of 30 days shall
be | ||||||
7 | subject to review by the Prisoner Review Board. However, the | ||||||
8 | Board may not
restore sentence credit in excess of the amount | ||||||
9 | requested by the Director.
| ||||||
10 | Nothing contained in this Section shall prohibit the | ||||||
11 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
12 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
13 | sentence imposed by the court that was not served due to the
| ||||||
14 | accumulation of sentence credit.
| ||||||
15 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
16 | federal court
against the State, the Department of Corrections, | ||||||
17 | or the Prisoner Review Board,
or against any of
their officers | ||||||
18 | or employees, and the court makes a specific finding that a
| ||||||
19 | pleading, motion, or other paper filed by the prisoner is | ||||||
20 | frivolous, the
Department of Corrections shall conduct a | ||||||
21 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
22 | charges against the prisoner
sought to be deprived of the | ||||||
23 | sentence credits before the Prisoner Review
Board as provided | ||||||
24 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
25 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
26 | time of the finding, then the Prisoner Review Board may revoke |
| |||||||
| |||||||
1 | all
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 |
| |||||||
| |||||||
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 | ||||||
12 | validity of Public Act 89-404.
| ||||||
13 | (f) Whenever the Department is to release any inmate who | ||||||
14 | has been convicted of a violation of an order of protection | ||||||
15 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
16 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
17 | because of a grant of sentence credit, the Department, as a | ||||||
18 | condition of release, shall require that the person, upon | ||||||
19 | release, be placed under electronic surveillance as provided in | ||||||
20 | Section 5-8A-7 of this Code. | ||||||
21 | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, | ||||||
22 | eff. 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
|
| |||||||
| |||||||
1 | and regulations for awarding and revoking sentence credit for | ||||||
2 | persons committed to the Department which shall
be subject to | ||||||
3 | review by the Prisoner Review Board.
| ||||||
4 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
5 | awarded 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 | ||||||
14 | subsection (a), the The rules and regulations on sentence | ||||||
15 | credit shall provide, with
respect to offenses listed in clause | ||||||
16 | (i), (ii), or (iii) of this paragraph (2) committed on or after | ||||||
17 | June 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 | ||||||
20 | offense listed in clause (vi)
committed on or after June 1, | ||||||
21 | 2008 (the effective date of Public Act 95-625)
or with respect | ||||||
22 | to the offense of being an armed habitual criminal committed on | ||||||
23 | or after August 2, 2005 (the effective date of Public Act | ||||||
24 | 94-398) or with respect to the offenses listed in clause (v) of | ||||||
25 | this paragraph (2) committed on or after August 13, 2007 (the | ||||||
26 | effective date of Public Act 95-134) or with respect to the |
| |||||||
| |||||||
1 | offense of aggravated domestic battery committed on or after | ||||||
2 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
3 | with respect to the offense of attempt to commit terrorism | ||||||
4 | committed on or after January 1, 2013 (the effective date of | ||||||
5 | Public 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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
21 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
22 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
23 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
24 | subdivision (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 |
| |||||||
| |||||||
1 | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||||||
2 | on or after July 23, 2010 (the effective date of Public Act | ||||||
3 | 96-1224), and other than the offense of aggravated driving | ||||||
4 | under the influence of alcohol, other drug or drugs, or
| ||||||
5 | intoxicating compound or compounds, or any combination thereof | ||||||
6 | as defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
7 | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||||||
8 | than the offense of aggravated driving under the influence of | ||||||
9 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
10 | compounds, or any combination
thereof as defined in | ||||||
11 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
12 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
13 | January 1, 2011 (the effective date of Public Act 96-1230),
the | ||||||
14 | rules and regulations shall
provide that a prisoner who is | ||||||
15 | serving a term of
imprisonment shall receive one day of | ||||||
16 | sentence credit for each day of
his or her sentence of | ||||||
17 | imprisonment or recommitment under Section 3-3-9.
Each day of | ||||||
18 | sentence credit shall reduce by one day the prisoner's period
| ||||||
19 | of imprisonment or recommitment under Section 3-3-9.
| ||||||
20 | (2.2) A prisoner serving a term of natural life | ||||||
21 | imprisonment or a
prisoner who has been sentenced to death | ||||||
22 | shall receive no sentence
credit.
| ||||||
23 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
24 | subsection (a), the The rules and regulations on sentence | ||||||
25 | credit shall provide that
a prisoner who is serving a sentence | ||||||
26 | for aggravated driving under the influence of alcohol,
other |
| |||||||
| |||||||
1 | drug or drugs, or intoxicating compound or compounds, or any | ||||||
2 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
3 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
4 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
5 | for each month of his or her sentence of
imprisonment.
| ||||||
6 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
7 | subsection (a), the The rules and regulations on sentence | ||||||
8 | credit shall provide with
respect to the offenses of aggravated | ||||||
9 | battery with a machine gun or a firearm
equipped with any | ||||||
10 | device or attachment designed or used for silencing the
report | ||||||
11 | of a firearm or aggravated discharge of a machine gun or a | ||||||
12 | firearm
equipped with any device or attachment designed or used | ||||||
13 | for silencing the
report of a firearm, committed on or after
| ||||||
14 | July 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
15 | prisoner serving a sentence for any of these offenses shall | ||||||
16 | receive no
more than 4.5 days of sentence credit for each month | ||||||
17 | of his or her sentence
of imprisonment.
| ||||||
18 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
19 | subsection (a), the The rules and regulations on sentence | ||||||
20 | credit shall provide that a
prisoner who is serving a sentence | ||||||
21 | for aggravated arson committed on or after
July 27, 2001 (the | ||||||
22 | effective date of Public Act 92-176) shall receive no more than
| ||||||
23 | 4.5 days of sentence credit for each month of his or her | ||||||
24 | sentence of
imprisonment.
| ||||||
25 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
26 | subsection (a), the The rules and regulations on sentence |
| |||||||
| |||||||
1 | credit shall provide that a
prisoner who is serving a sentence | ||||||
2 | for aggravated driving under the influence of alcohol,
other | ||||||
3 | drug or drugs, or intoxicating compound or compounds or any | ||||||
4 | combination
thereof as defined in subparagraph (C) of paragraph | ||||||
5 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
6 | Code committed on or after January 1, 2011 (the effective date | ||||||
7 | of Public Act 96-1230) shall receive no more than 4.5
days of | ||||||
8 | sentence credit for each month of his or her sentence of
| ||||||
9 | imprisonment. | ||||||
10 | (3) Except as provided in paragraph (4.7) of this | ||||||
11 | subsection (a), the The rules and regulations shall also | ||||||
12 | provide that
the Director may award up to 180 days of earned | ||||||
13 | sentence
credit for good conduct in specific instances as the
| ||||||
14 | Director deems proper. The good conduct may include, but is not | ||||||
15 | limited to, compliance with the rules and regulations of the | ||||||
16 | Department, service to the Department, service to a community, | ||||||
17 | or service to the State.
| ||||||
18 | Eligible inmates for an award of earned sentence credit | ||||||
19 | under
this paragraph (3) may be selected to receive the credit | ||||||
20 | at
the Director's or his or her designee's sole discretion.
| ||||||
21 | Eligibility for the additional earned sentence credit under | ||||||
22 | this paragraph (3) shall be based on, but is not limited to, | ||||||
23 | the results of any available risk/needs assessment or other | ||||||
24 | relevant assessments or evaluations administered by the | ||||||
25 | Department using a validated instrument, the circumstances of | ||||||
26 | the crime, any history of conviction for a forcible felony |
| |||||||
| |||||||
1 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
2 | inmate's behavior and disciplinary history while incarcerated, | ||||||
3 | and the inmate's commitment to rehabilitation, including | ||||||
4 | participation in programming offered by the Department. | ||||||
5 | The Director shall not award sentence credit under this | ||||||
6 | paragraph (3) to an inmate unless the inmate has served a | ||||||
7 | minimum of 60 days of the sentence; except nothing in this | ||||||
8 | paragraph shall be construed to permit the Director to extend | ||||||
9 | an inmate's sentence beyond that which was imposed by the | ||||||
10 | court. Prior to awarding credit under this paragraph (3), the | ||||||
11 | Director 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 | ||||||
22 | written determination required in this subsection. | ||||||
23 | (3.5) The Department shall provide annual written reports | ||||||
24 | to the Governor and the General Assembly on the award of earned | ||||||
25 | sentence credit no later than February 1 of each year. The | ||||||
26 | Department must publish both reports on its website within 48 |
| |||||||
| |||||||
1 | hours of transmitting the reports to the Governor and the | ||||||
2 | General 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 | ||||||
11 | subsection (a), the The rules and regulations shall also | ||||||
12 | provide that the sentence
credit accumulated and retained under | ||||||
13 | paragraph (2.1) of subsection (a) of
this Section by any inmate | ||||||
14 | during specific periods of time in which such
inmate is engaged | ||||||
15 | full-time in substance abuse programs, correctional
industry | ||||||
16 | assignments, educational programs, behavior modification | ||||||
17 | programs, life skills courses, or re-entry planning provided by | ||||||
18 | the Department
under this paragraph (4) and satisfactorily | ||||||
19 | completes the assigned program as
determined by the standards | ||||||
20 | of the Department, shall be multiplied by a factor
of 1.25 for | ||||||
21 | program participation before August 11, 1993
and 1.50 for | ||||||
22 | program participation on or after that date.
The rules and | ||||||
23 | regulations shall also provide that sentence credit, subject to | ||||||
24 | the same offense limits and multiplier provided in this | ||||||
25 | paragraph, may be provided to an inmate who was held in | ||||||
26 | pre-trial detention prior to his or her current commitment to |
| |||||||
| |||||||
1 | the Department of Corrections and successfully completed a | ||||||
2 | full-time, 60-day or longer substance abuse program, | ||||||
3 | educational program, behavior modification program, life | ||||||
4 | skills course, or re-entry planning provided by the county | ||||||
5 | department of corrections or county jail. Calculation of this | ||||||
6 | county program credit shall be done at sentencing as provided | ||||||
7 | in Section 5-4.5-100 of this Code and shall be included in the | ||||||
8 | sentencing order. However, no inmate shall be eligible for the | ||||||
9 | additional sentence credit
under this paragraph (4) or (4.1) of | ||||||
10 | this subsection (a) while assigned to a boot camp
or electronic | ||||||
11 | detention , or if convicted of an offense enumerated in
| ||||||
12 | subdivision (a)(2)(i), (ii), or (iii) of this Section that is | ||||||
13 | committed on or after June 19,
1998 or subdivision (a)(2)(iv) | ||||||
14 | of 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 | ||||||
17 | 13, 2007 (the effective date of Public Act 95-134)
or | ||||||
18 | subdivision (a)(2)(vi) when the offense is committed on or | ||||||
19 | after June 1, 2008 (the effective date of Public Act 95-625) or | ||||||
20 | subdivision (a)(2)(vii) when the offense is committed on or | ||||||
21 | after July 23, 2010 (the effective date of Public Act 96-1224), | ||||||
22 | or if convicted of aggravated driving under the influence of | ||||||
23 | alcohol, other drug or drugs, or
intoxicating compound or | ||||||
24 | compounds or any combination thereof as defined in
subparagraph | ||||||
25 | (F) of paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
26 | Illinois Vehicle Code, or if convicted of aggravated driving |
| |||||||
| |||||||
1 | under the influence of alcohol,
other drug or drugs, or | ||||||
2 | intoxicating compound or compounds or any combination
thereof | ||||||
3 | as defined in subparagraph (C) of paragraph (1) of subsection | ||||||
4 | (d) of
Section 11-501 of the Illinois Vehicle Code committed on | ||||||
5 | or after January 1, 2011 (the effective date of Public Act | ||||||
6 | 96-1230), or if convicted of an offense enumerated in paragraph
| ||||||
7 | (a)(2.4) of this Section that is committed on or after
July 15, | ||||||
8 | 1999 (the effective date of Public Act 91-121),
or first degree | ||||||
9 | murder, a Class X felony, criminal sexual
assault, felony | ||||||
10 | criminal sexual abuse, aggravated criminal sexual abuse,
| ||||||
11 | aggravated battery with a firearm as described in Section | ||||||
12 | 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||||||
13 | Section 12-3.05, or any predecessor or successor offenses
with | ||||||
14 | the same or substantially the same elements, or any inchoate | ||||||
15 | offenses
relating to the foregoing offenses .
| ||||||
16 | Educational, vocational, substance abuse, behavior | ||||||
17 | modification programs, life skills courses, re-entry planning, | ||||||
18 | and correctional
industry programs under which sentence credit | ||||||
19 | may be increased under
this paragraph (4) and paragraph (4.1) | ||||||
20 | of this subsection (a) shall be evaluated by the Department on | ||||||
21 | the basis of
documented standards. The Department shall report | ||||||
22 | the results of these
evaluations to the Governor and the | ||||||
23 | General Assembly by September 30th of each
year. The reports | ||||||
24 | shall include data relating to the recidivism rate among
| ||||||
25 | program participants.
| ||||||
26 | Availability of these programs shall be subject to the
|
| |||||||
| |||||||
1 | limits of fiscal resources appropriated by the General Assembly | ||||||
2 | for these
purposes. Eligible inmates who are denied immediate | ||||||
3 | admission shall be
placed on a waiting list under criteria | ||||||
4 | established by the Department.
The inability of any inmate to | ||||||
5 | become engaged in any such programs
by reason of insufficient | ||||||
6 | program resources or for any other reason
established under the | ||||||
7 | rules and regulations of the Department shall not be
deemed a | ||||||
8 | cause of action under which the Department or any employee or
| ||||||
9 | agent of the Department shall be liable for damages to the | ||||||
10 | inmate.
| ||||||
11 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
12 | subsection (a), the The rules and regulations shall also | ||||||
13 | provide that an additional 90 days of sentence credit shall be | ||||||
14 | awarded to any prisoner who passes high school equivalency | ||||||
15 | testing while the prisoner is committed to the Department of | ||||||
16 | Corrections. The sentence credit awarded under this paragraph | ||||||
17 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
18 | of sentence credit under any other paragraph of this Section, | ||||||
19 | but shall also be pursuant to the guidelines and restrictions | ||||||
20 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
21 | The sentence credit provided for in this paragraph shall be | ||||||
22 | available only to those prisoners who have not previously | ||||||
23 | earned a high school diploma or a high school equivalency | ||||||
24 | certificate. If, after an award of the high school equivalency | ||||||
25 | testing sentence credit has been made, the Department | ||||||
26 | determines that the prisoner was not eligible, then the award |
| |||||||
| |||||||
1 | shall be revoked.
The Department may also award 90 days of | ||||||
2 | sentence credit to any committed person who passed high school | ||||||
3 | equivalency testing while he or she was held in pre-trial | ||||||
4 | detention prior to the current commitment to the Department of | ||||||
5 | Corrections. | ||||||
6 | (4.5) The rules and regulations on sentence credit shall | ||||||
7 | also provide that
when the court's sentencing order recommends | ||||||
8 | a prisoner for substance abuse treatment and the
crime was | ||||||
9 | committed on or after September 1, 2003 (the effective date of
| ||||||
10 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
11 | credit awarded under clause (3) of this subsection (a) unless | ||||||
12 | he or she participates in and
completes a substance abuse | ||||||
13 | treatment program. The Director may waive the requirement to | ||||||
14 | participate in or complete a substance abuse treatment program | ||||||
15 | in specific instances if the prisoner is not a good candidate | ||||||
16 | for a substance abuse treatment program for medical, | ||||||
17 | programming, or operational reasons. Availability of
substance | ||||||
18 | abuse treatment shall be subject to the limits of fiscal | ||||||
19 | resources
appropriated by the General Assembly for these | ||||||
20 | purposes. If treatment is not
available and the requirement to | ||||||
21 | participate and complete the treatment has not been waived by | ||||||
22 | the Director, the prisoner shall be placed on a waiting list | ||||||
23 | under criteria
established by the Department. The Director may | ||||||
24 | allow a prisoner placed on
a waiting list to participate in and | ||||||
25 | complete a substance abuse education class or attend substance
| ||||||
26 | abuse self-help meetings in lieu of a substance abuse treatment |
| |||||||
| |||||||
1 | program. A prisoner on a waiting list who is not placed in a | ||||||
2 | substance abuse program prior to release may be eligible for a | ||||||
3 | waiver and receive sentence credit under clause (3) of this | ||||||
4 | subsection (a) at the discretion of the Director.
| ||||||
5 | (4.6) The rules and regulations on sentence credit shall | ||||||
6 | also provide that a prisoner who has been convicted of a sex | ||||||
7 | offense as defined in Section 2 of the Sex Offender | ||||||
8 | Registration Act shall receive no sentence credit unless he or | ||||||
9 | she either has successfully completed or is participating in | ||||||
10 | sex offender treatment as defined by the Sex Offender | ||||||
11 | Management Board. However, prisoners who are waiting to receive | ||||||
12 | treatment, but who are unable to do so due solely to the lack | ||||||
13 | of resources on the part of the Department, may, at the | ||||||
14 | Director's sole discretion, be awarded sentence credit at a | ||||||
15 | rate as the Director shall determine. | ||||||
16 | (4.7) On or after the effective date of this amendatory Act | ||||||
17 | of the 100th General Assembly, sentence credit under paragraph | ||||||
18 | (3), (4), or (4.1) of this subsection (a) may be awarded to a | ||||||
19 | prisoner who is serving a sentence for an offense described in | ||||||
20 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
21 | on or after the effective date of this amendatory Act of the | ||||||
22 | 100th General Assembly; provided, the award of the credits | ||||||
23 | under this paragraph (4.7) shall not reduce the sentence of the | ||||||
24 | prisoner 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 |
| |||||||
| |||||||
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 | ||||||
6 | a sentence for an offense described in subparagraph (i) of | ||||||
7 | paragraph (2) of this subsection (a). | ||||||
8 | (5) Whenever the Department is to release any inmate | ||||||
9 | earlier than it
otherwise would because of a grant of earned | ||||||
10 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
11 | Section given at any time during the term, the Department shall | ||||||
12 | give
reasonable notice of the impending release not less than | ||||||
13 | 14 days prior to the date of the release to the State's
| ||||||
14 | Attorney of the county where the prosecution of the inmate took | ||||||
15 | place, and if applicable, the State's Attorney of the county | ||||||
16 | into which the inmate will be released. The Department must | ||||||
17 | also make identification information and a recent photo of the | ||||||
18 | inmate being released accessible on the Internet by means of a | ||||||
19 | hyperlink labeled "Community Notification of Inmate Early | ||||||
20 | Release" on the Department's World Wide Web homepage.
The | ||||||
21 | identification information shall include the inmate's: name, | ||||||
22 | any known alias, date of birth, physical characteristics, | ||||||
23 | commitment offense and county where conviction was imposed. The | ||||||
24 | identification information shall be placed on the website | ||||||
25 | within 3 days of the inmate's release and the information may | ||||||
26 | not be removed until either: completion of the first year of |
| |||||||
| |||||||
1 | mandatory supervised release or return of the inmate to custody | ||||||
2 | of the Department.
| ||||||
3 | (b) Whenever a person is or has been committed under
| ||||||
4 | several convictions, with separate sentences, the sentences
| ||||||
5 | shall be construed under Section 5-8-4 in granting and
| ||||||
6 | forfeiting of sentence credit.
| ||||||
7 | (c) The Department shall prescribe rules and regulations
| ||||||
8 | for revoking sentence credit, including revoking sentence | ||||||
9 | credit awarded under paragraph (3) of subsection (a) of this | ||||||
10 | Section. The Department shall prescribe rules and regulations | ||||||
11 | for suspending or reducing
the rate of accumulation of sentence | ||||||
12 | credit for specific
rule violations, during imprisonment. | ||||||
13 | These rules and regulations
shall provide that no inmate may be | ||||||
14 | penalized more than one
year of sentence credit for any one | ||||||
15 | infraction.
| ||||||
16 | When the Department seeks to revoke, suspend or reduce
the | ||||||
17 | rate of accumulation of any sentence credits for
an alleged | ||||||
18 | infraction of its rules, it shall bring charges
therefor | ||||||
19 | against the prisoner sought to be so deprived of
sentence | ||||||
20 | credits before the Prisoner Review Board as
provided in | ||||||
21 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
22 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
23 | month period, the cumulative amount of
credit revoked exceeds | ||||||
24 | 30 days except where the infraction is committed
or discovered | ||||||
25 | within 60 days of scheduled release. In those cases,
the | ||||||
26 | Department of Corrections may revoke up to 30 days of sentence |
| |||||||
| |||||||
1 | credit.
The Board may subsequently approve the revocation of | ||||||
2 | additional sentence credit, if the Department seeks to revoke | ||||||
3 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
4 | not be empowered to review the
Department's decision with | ||||||
5 | respect to the loss of 30 days of sentence
credit within any | ||||||
6 | calendar year for any prisoner or to increase any penalty
| ||||||
7 | beyond the length requested by the Department.
| ||||||
8 | The Director of the Department of Corrections, in | ||||||
9 | appropriate cases, may
restore up to 30 days of sentence | ||||||
10 | credits which have been revoked, suspended
or reduced. Any | ||||||
11 | restoration of sentence credits in excess of 30 days shall
be | ||||||
12 | subject to review by the Prisoner Review Board. However, the | ||||||
13 | Board may not
restore sentence credit in excess of the amount | ||||||
14 | requested by the Director.
| ||||||
15 | Nothing contained in this Section shall prohibit the | ||||||
16 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
17 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
18 | sentence imposed by the court that was not served due to the
| ||||||
19 | accumulation of sentence credit.
| ||||||
20 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
21 | federal court
against the State, the Department of Corrections, | ||||||
22 | or the Prisoner Review Board,
or against any of
their officers | ||||||
23 | or employees, and the court makes a specific finding that a
| ||||||
24 | pleading, motion, or other paper filed by the prisoner is | ||||||
25 | frivolous, the
Department of Corrections shall conduct a | ||||||
26 | hearing to revoke up to
180 days of sentence credit by bringing |
| |||||||
| |||||||
1 | charges against the prisoner
sought to be deprived of the | ||||||
2 | sentence credits before the Prisoner Review
Board as provided | ||||||
3 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||||||
4 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
5 | time of the finding, then the Prisoner Review Board may revoke | ||||||
6 | all
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
|
| |||||||
| |||||||
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 | ||||||
17 | validity of Public Act 89-404.
| ||||||
18 | (f) Whenever the Department is to release any inmate who | ||||||
19 | has been convicted of a violation of an order of protection | ||||||
20 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
21 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
22 | because of a grant of sentence credit, the Department, as a | ||||||
23 | condition of release, shall require that the person, upon | ||||||
24 | release, be placed under electronic surveillance as provided in | ||||||
25 | Section 5-8A-7 of this Code. | ||||||
26 | (Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275, |
| |||||||
| |||||||
1 | eff. 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
26 | convicted of a Class 1 or Class 2 felony, except for an offense |
| |||||||
| |||||||
1 | listed in subsection (c) of this Section, after having twice | ||||||
2 | been convicted in any state or federal court of an offense that | ||||||
3 | contains the same elements as an offense now (the date the | ||||||
4 | Class 1 or Class 2 felony was committed) classified in Illinois | ||||||
5 | as a Class 2 or greater Class felony , except for an offense | ||||||
6 | listed in subsection (c) of this Section, and those charges are | ||||||
7 | separately brought and tried and arise out of different series | ||||||
8 | of acts, that defendant shall be sentenced as a Class X | ||||||
9 | offender. 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 | ||||||
17 | 1 or Class 2 felony convictions for a violation of Section 16-1 | ||||||
18 | of the Criminal Code of 2012. | ||||||
19 | A person sentenced as a Class X offender under this | ||||||
20 | subsection (b) is not eligible to apply for treatment as a | ||||||
21 | condition of probation as provided by Section 40-10 of the | ||||||
22 | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | ||||||
23 | 301/40-10).
| ||||||
24 | (Source: P.A. 99-69, eff. 1-1-16 .) | ||||||
25 | (730 ILCS 5/5-4.5-110 new) |
| |||||||
| |||||||
1 | Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH | ||||||
2 | PRIOR 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; |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 | ||||||
7 | amendatory Act of the 100th General Assembly, when a person is | ||||||
8 | convicted of unlawful use or possession of a weapon by a felon, | ||||||
9 | when the weapon is a firearm, or aggravated unlawful use of a | ||||||
10 | weapon, when the weapon is a firearm, after being previously | ||||||
11 | convicted of a qualifying predicate offense the person shall be | ||||||
12 | subject 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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
| ||||||
10 | continue other successful programs that promote public safety,
| ||||||
11 | conserve valuable resources, and reduce recidivism by
| ||||||
12 | defendants who can lead productive lives by creating the
| ||||||
13 | Offender Initiative Program. | ||||||
14 | (a-1) Whenever any person who has not previously been
| ||||||
15 | convicted of , or placed on probation or conditional discharge
| ||||||
16 | for, any felony offense under the laws of this State, the laws
| ||||||
17 | of any other state, or the laws of the United States, is
| ||||||
18 | arrested for and charged with a probationable felony offense of | ||||||
19 | theft, retail theft, forgery, possession of a stolen motor
| ||||||
20 | vehicle, burglary, possession of burglary tools, deceptive | ||||||
21 | practices, disorderly conduct, criminal damage or trespass to | ||||||
22 | property under Article 21 of the Criminal Code of 2012, | ||||||
23 | criminal trespass to a residence, obstructing justice, or an | ||||||
24 | offense involving fraudulent identification, or possession of
| ||||||
25 | cannabis, possession of a controlled substance, or possession
|
| |||||||
| |||||||
1 | of methamphetamine, the court, with the consent of the
| ||||||
2 | defendant and the State's Attorney, may continue this matter to
| ||||||
3 | allow a defendant to participate and complete the Offender
| ||||||
4 | Initiative Program. | ||||||
5 | (a-2) Exemptions. A defendant shall not be eligible for | ||||||
6 | this Program if the offense he or she has been arrested for and | ||||||
7 | charged with is a violent offense. For purposes of this
| ||||||
8 | Program, a "violent offense" is any offense where bodily harm
| ||||||
9 | was inflicted or where force was used against any person or
| ||||||
10 | threatened against any person, any offense involving sexual
| ||||||
11 | conduct, sexual penetration, or sexual exploitation, any
| ||||||
12 | offense of domestic violence, domestic battery, violation of an
| ||||||
13 | order of protection, stalking, hate crime, driving under the
| ||||||
14 | influence of drugs or alcohol, and any offense involving the
| ||||||
15 | possession of a firearm or dangerous weapon. A defendant shall
| ||||||
16 | not be eligible for this Program if he or she has previously
| ||||||
17 | been adjudicated a delinquent minor for the commission of a
| ||||||
18 | violent offense as defined in this subsection. | ||||||
19 | (b) When a defendant is placed in the Program, after both | ||||||
20 | the defendant and State's Attorney waive preliminary hearing | ||||||
21 | pursuant to Section 109-3 of the Code of Criminal Procedure of | ||||||
22 | 1963, the court
shall enter an order specifying that
the | ||||||
23 | proceedings shall be suspended while the defendant is | ||||||
24 | participating in a Program of not less 12 months. | ||||||
25 | (c) The conditions of the Program shall be that the
| ||||||
26 | defendant: |
| |||||||
| |||||||
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
| ||||||
16 | that 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; |
| |||||||
| |||||||
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 | ||||||
13 | offer of proof that the defendant has failed to successfully | ||||||
14 | complete the Program or has violated any of the conditions of | ||||||
15 | the Program, the court shall enter an order that the defendant | ||||||
16 | has not successfully completed the Program and continue the | ||||||
17 | case for arraignment pursuant to Section 113-1 of the Code of | ||||||
18 | Criminal Procedure of 1963 for further proceedings as if the | ||||||
19 | defendant had not participated in the Program. | ||||||
20 | (f) Upon fulfillment of the terms and conditions of the
| ||||||
21 | Program, the State's Attorney shall dismiss the case or the | ||||||
22 | court shall discharge the person and dismiss the
proceedings | ||||||
23 | against the person. | ||||||
24 | (g) A person may only have There may be only one discharge | ||||||
25 | and dismissal under
this Section within a 4-year period with | ||||||
26 | respect to any person .
|
| |||||||
| |||||||
1 | (h) Notwithstanding subsection (a-1), if the court finds | ||||||
2 | that the defendant suffers from a substance abuse problem, then | ||||||
3 | before the person participates in the Program under this | ||||||
4 | Section, the court may refer the person to the drug court | ||||||
5 | established in that judicial circuit pursuant to Section 15 of | ||||||
6 | the Drug Court Treatment Act. The drug court team shall | ||||||
7 | evaluate the person's likelihood of successfully fulfilling | ||||||
8 | the terms and conditions of the Program under this Section and | ||||||
9 | shall report the results of its evaluation to the court. If the | ||||||
10 | drug court team finds that the person suffers from a substance | ||||||
11 | abuse problem that makes him or her substantially unlikely to | ||||||
12 | successfully fulfill the terms and conditions of the Program, | ||||||
13 | then the drug court shall set forth its findings in the form of | ||||||
14 | a written order, and the person shall be ineligible to | ||||||
15 | participate in the Program under this Section, but shall may be | ||||||
16 | considered 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 | ||||||
21 | convicted of , or placed on probation or conditional discharge | ||||||
22 | for, any felony offense under the laws of this State, the laws | ||||||
23 | of any other state, or the laws of the United States, including | ||||||
24 | probation under Section 410 of the Illinois Controlled | ||||||
25 | Substances Act, Section 70 of the Methamphetamine Control and |
| |||||||
| |||||||
1 | Community Protection Act, Section 10 of the Cannabis Control | ||||||
2 | Act, subsection (c) of Section 11-14 of the Criminal Code of | ||||||
3 | 2012, Treatment Alternatives for Criminal Justice Clients | ||||||
4 | (TASC) under Article 40 of the Alcoholism and Other Drug Abuse | ||||||
5 | and Dependency Act, or prior successful completion of the | ||||||
6 | Offender Initiative Program under Section 5-6-3.3 of this Code, | ||||||
7 | and pleads guilty to, or is found guilty of, a probationable | ||||||
8 | felony offense of possession of less than 15 grams of a | ||||||
9 | controlled substance that is punishable as a Class 4 felony ; | ||||||
10 | possession of
less than 15 grams of methamphetamine that is | ||||||
11 | punishable as a Class 4 felony ; or a probationable felony | ||||||
12 | offense of possession of cannabis, theft, retail theft, | ||||||
13 | forgery, deceptive practices, possession of a stolen motor | ||||||
14 | vehicle, burglary, possession of burglary tools, disorderly | ||||||
15 | conduct, criminal damage or trespass to property under Article | ||||||
16 | 21 of the Criminal Code of 2012, criminal trespass to a | ||||||
17 | residence, an offense involving fraudulent identification, or | ||||||
18 | obstructing justice; theft that is punishable as a Class 3 | ||||||
19 | felony based on the value of the property or punishable as a | ||||||
20 | Class 4 felony if the theft was committed in a school or place | ||||||
21 | of worship or if the theft was of governmental property; retail
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22 | theft that is punishable as a Class 3 felony based on the value | ||||||
23 | of the property; criminal damage to property that is punishable | ||||||
24 | as a Class 4 felony; criminal damage to
government supported | ||||||
25 | property that is punishable as a Class 4 felony; or possession | ||||||
26 | of cannabis which is punishable as a Class 4 felony , the court, |
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1 | with the consent of the defendant and the State's Attorney, | ||||||
2 | may, without entering a judgment, sentence the defendant to | ||||||
3 | probation under this Section. | ||||||
4 | (a-1) Exemptions. A defendant is not eligible for this | ||||||
5 | probation if the offense he or she pleads guilty to, or is | ||||||
6 | found guilty of, is a violent offense, or he or she has | ||||||
7 | previously been convicted of a violent offense. For purposes of | ||||||
8 | this probation, a "violent offense" is any offense where bodily | ||||||
9 | harm was inflicted or where force was used against any person | ||||||
10 | or threatened against any person, any offense involving sexual | ||||||
11 | conduct, sexual penetration, or sexual exploitation, any | ||||||
12 | offense of domestic violence, domestic battery, violation of an | ||||||
13 | order of protection, stalking, hate crime, driving under the | ||||||
14 | influence of drugs or alcohol, and any offense involving the | ||||||
15 | possession of a firearm or dangerous weapon. A defendant shall | ||||||
16 | not be eligible for this probation if he or she has previously | ||||||
17 | been adjudicated a delinquent minor for the commission of a | ||||||
18 | violent offense as defined in this subsection. | ||||||
19 | (b) When a defendant is placed on probation, the court | ||||||
20 | shall enter an order specifying a period of probation of not | ||||||
21 | less than 24 months and shall defer further proceedings in the | ||||||
22 | case until the conclusion of the period or until the filing of | ||||||
23 | a petition alleging violation of a term or condition of | ||||||
24 | probation. | ||||||
25 | (c) The conditions of probation shall be that the | ||||||
26 | defendant: |
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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 | ||||||
19 | that 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; |
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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 | ||||||
12 | court may enter a judgment on its original finding of guilt and | ||||||
13 | proceed as otherwise provided by law. | ||||||
14 | (f) Upon fulfillment of the terms and conditions of | ||||||
15 | probation, the court shall discharge the person and dismiss the | ||||||
16 | proceedings against the person. | ||||||
17 | (g) A disposition of probation is considered to be a | ||||||
18 | conviction for the purposes of imposing the conditions of | ||||||
19 | probation and for appeal; however, a discharge and dismissal | ||||||
20 | under this Section is not a conviction for purposes of this | ||||||
21 | Code or for purposes of disqualifications or disabilities | ||||||
22 | imposed by law upon conviction of a crime. | ||||||
23 | (h) A person may only have There may be only one discharge | ||||||
24 | and dismissal under this Section within a 4-year period , | ||||||
25 | Section 410 of the Illinois Controlled Substances Act, Section | ||||||
26 | 70 of the Methamphetamine Control and Community Protection Act, |
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1 | Section 10 of the Cannabis Control Act, Treatment Alternatives | ||||||
2 | for Criminal Justice Clients (TASC) under Article 40 of the | ||||||
3 | Alcoholism and Other Drug Abuse and Dependency Act, the | ||||||
4 | Offender Initiative Program under Section 5-6-3.3 of this Code, | ||||||
5 | and subsection (c) of Section 11-14 of the Criminal Code of | ||||||
6 | 2012 with respect to any person . | ||||||
7 | (i) If a person is convicted of any offense which occurred | ||||||
8 | within 5 years subsequent to a discharge and dismissal under | ||||||
9 | this Section, the discharge and dismissal under this Section | ||||||
10 | shall be admissible in the sentencing proceeding for that | ||||||
11 | conviction as evidence in aggravation.
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12 | (j) Notwithstanding subsection (a), if the court finds that | ||||||
13 | the defendant suffers from a substance abuse problem, then | ||||||
14 | before the person is placed on probation under this Section, | ||||||
15 | the court may refer the person to the drug court established in | ||||||
16 | that judicial circuit pursuant to Section 15 of the Drug Court | ||||||
17 | Treatment Act. The drug court team shall evaluate the person's | ||||||
18 | likelihood of successfully fulfilling the terms and conditions | ||||||
19 | of probation under this Section and shall report the results of | ||||||
20 | its evaluation to the court. If the drug court team finds that | ||||||
21 | the person suffers from a substance abuse problem that makes | ||||||
22 | him or her substantially unlikely to successfully fulfill the | ||||||
23 | terms and conditions of probation under this Section, then the | ||||||
24 | drug court shall set forth its findings in the form of a | ||||||
25 | written order, and the person shall be ineligible to be placed | ||||||
26 | on probation under this Section, but shall may be considered |
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1 | for the drug court program. | ||||||
2 | (Source: P.A. 98-164, eff. 1-1-14; 98-718, eff. 1-1-15; 99-480, | ||||||
3 | eff. 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 | ||||||
8 | the Governor the Illinois Sentencing Policy Advisory Council, | ||||||
9 | hereinafter referred to as the Council. | ||||||
10 | (b) Purposes and goals. The purpose of the Council is to | ||||||
11 | review sentencing policies and practices and examine how these | ||||||
12 | policies and practices impact the criminal justice system as a | ||||||
13 | whole in the State of Illinois.
In carrying out its duties, the | ||||||
14 | Council shall be mindful of and aim to achieve the purposes of
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15 | sentencing in Illinois, which are set out in Section 1-1-2 of | ||||||
16 | this 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. |
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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,
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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, | ||||||
20 | duties 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 |
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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 |
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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 | ||||||
5 | the General Assembly, the Illinois Supreme Court, and the | ||||||
6 | Governor. | ||||||
7 | (g) This Section is repealed on December 31, 2020.
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8 | (Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15; | ||||||
9 | 99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)
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10 | Section 95. No acceleration or delay. Where this Act makes | ||||||
11 | changes in a statute that is represented in this Act by text | ||||||
12 | that is not yet or no longer in effect (for example, a Section | ||||||
13 | represented by multiple versions), the use of that text does | ||||||
14 | not accelerate or delay the taking effect of (i) the changes | ||||||
15 | made by this Act or (ii) provisions derived from any other | ||||||
16 | Public Act.".
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