98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5672

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1.1  from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.6
720 ILCS 5/24-1.8
730 ILCS 5/3-6-3  from Ch. 38, par. 1003-6-3
730 ILCS 5/5-5-3  from Ch. 38, par. 1005-5-3
730 ILCS 5/5-8-1.2

    Amends the Criminal Code of 2012. Enhances the penalties for certain violations of the statutes concerning unlawful use or possession of weapons by felons, aggravated unlawful use of a weapon, and unlawful possession of a firearm by a street gang member. Amends the Unified Code of Corrections. Provides that a prisoner serving a sentence for unlawful use or possession of a weapon by felons or unlawful possession of a firearm by a street gang member shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a prisoner serving a sentence for aggravated unlawful use of a weapon, except for a first offense or a first offense in which the offender is at least 18 years of age and illegally carries or possesses a firearm without being issued a currently valid Firearm Owner's Identification Card, shall receive no more than 4.5 days of sentence credit for each month of his or her sentence of imprisonment. Provides that a person convicted of unlawful use or possession of weapons by felons, or persons in the custody of the Department of Corrections facilities, aggravated unlawful use of a weapon by a person who has been previously convicted of a felony in this State or another jurisdiction, or unlawful possession of a firearm by a street gang member is ineligible for the county impact incarceration program.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5672LRB098 18151 RLC 53280 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 24-1.1, 24-1.6, and 24-1.8 as follows:
 
6    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
7    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
8Felons or Persons in the Custody of the Department of
9Corrections Facilities.
10    (a) It is unlawful for a person to knowingly possess on or
11about his person or on his land or in his own abode or fixed
12place of business any weapon prohibited under Section 24-1 of
13this Act or any firearm or any firearm ammunition if the person
14has been convicted of a felony under the laws of this State or
15any other jurisdiction. This Section shall not apply if the
16person has been granted relief by the Director of the
17Department of State Police under Section 10 of the Firearm
18Owners Identification Card Act.
19    (b) It is unlawful for any person confined in a penal
20institution, which is a facility of the Illinois Department of
21Corrections, to possess any weapon prohibited under Section
2224-1 of this Code or any firearm or firearm ammunition,
23regardless of the intent with which he possesses it.

 

 

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1    (c) It shall be an affirmative defense to a violation of
2subsection (b), that such possession was specifically
3authorized by rule, regulation, or directive of the Illinois
4Department of Corrections or order issued pursuant thereto.
5    (d) The defense of necessity is not available to a person
6who is charged with a violation of subsection (b) of this
7Section.
8    (e) Sentence. Violation of this Section by a person not
9confined in a penal institution shall be a Class 3 felony for
10which the person shall be sentenced to no less than 3 2 years
11and no more than 10 years and any second or subsequent
12violation shall be a Class 2 felony for which the person shall
13be sentenced to a term of imprisonment of not less than 4 3
14years and not more than 14 years. Violation of this Section by
15a person not confined in a penal institution who has been
16convicted of a forcible felony, a felony violation of Article
1724 of this Code or of the Firearm Owners Identification Card
18Act, stalking or aggravated stalking, or a Class 2 or greater
19felony under the Illinois Controlled Substances Act, the
20Cannabis Control Act, or the Methamphetamine Control and
21Community Protection Act is a Class 2 felony for which the
22person shall be sentenced to not less than 4 3 years and not
23more than 14 years. Violation of this Section by a person who
24is on parole or mandatory supervised release is a Class 2
25felony for which the person shall be sentenced to not less than
264 3 years and not more than 14 years. Violation of this Section

 

 

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1by a person not confined in a penal institution is a Class X
2felony when the firearm possessed is a machine gun. Any person
3who violates this Section while confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, is guilty of a Class 1 felony, if he possesses any
6weapon prohibited under Section 24-1 of this Code regardless of
7the intent with which he possesses it, a Class X felony if he
8possesses any firearm, firearm ammunition or explosive, and a
9Class X felony for which the offender shall be sentenced to not
10less than 12 years and not more than 50 years when the firearm
11possessed is a machine gun. A violation of this Section while
12wearing or in possession of body armor as defined in Section
1333F-1 is a Class X felony punishable by a term of imprisonment
14of not less than 10 years and not more than 40 years. The
15possession of each firearm or firearm ammunition in violation
16of this Section constitutes a single and separate violation. A
17sentence of county impact incarceration under Section 5-8-1.2
18of the Unified Code of Corrections is not authorized for a
19violation of this Section.
20(Source: P.A. 97-237, eff. 1-1-12.)
 
21    (720 ILCS 5/24-1.6)
22    Sec. 24-1.6. Aggravated unlawful use of a weapon.
23    (a) A person commits the offense of aggravated unlawful use
24of a weapon when he or she knowingly:
25        (1) Carries on or about his or her person or in any

 

 

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1    vehicle or concealed on or about his or her person except
2    when on his or her land or in his or her abode, legal
3    dwelling, or fixed place of business, or on the land or in
4    the legal dwelling of another person as an invitee with
5    that person's permission, any pistol, revolver, stun gun or
6    taser or other firearm; or
7        (2) Carries or possesses on or about his or her person,
8    upon any public street, alley, or other public lands within
9    the corporate limits of a city, village or incorporated
10    town, except when an invitee thereon or therein, for the
11    purpose of the display of such weapon or the lawful
12    commerce in weapons, or except when on his or her own land
13    or in his or her own abode, legal dwelling, or fixed place
14    of business, or on the land or in the legal dwelling of
15    another person as an invitee with that person's permission,
16    any pistol, revolver, stun gun or taser or other firearm;
17    and
18        (3) One of the following factors is present:
19            (A) the firearm, other than a pistol, revolver, or
20        handgun, possessed was uncased, loaded, and
21        immediately accessible at the time of the offense; or
22            (A-5) the pistol, revolver, or handgun possessed
23        was uncased, loaded, and immediately accessible at the
24        time of the offense and the person possessing the
25        pistol, revolver, or handgun has not been issued a
26        currently valid license under the Firearm Concealed

 

 

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

 

 

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1        protection issued against him or her within the
2        previous 2 years; or
3            (H) the person possessing the weapon was engaged in
4        the commission or attempted commission of a
5        misdemeanor involving the use or threat of violence
6        against the person or property of another; or
7            (I) the person possessing the weapon was under 21
8        years of age and in possession of a handgun, unless the
9        person under 21 is engaged in lawful activities under
10        the Wildlife Code or described in subsection
11        24-2(b)(1), (b)(3), or 24-2(f).
12    (a-5) "Handgun" as used in this Section has the meaning
13given to it in Section 5 of the Firearm Concealed Carry Act.
14    (b) "Stun gun or taser" as used in this Section has the
15same definition given to it in Section 24-1 of this Code.
16    (c) This Section does not apply to or affect the
17transportation or possession of weapons that:
18        (i) are broken down in a non-functioning state; or
19        (ii) are not immediately accessible; or
20        (iii) are unloaded and enclosed in a case, firearm
21    carrying box, shipping box, or other container by a person
22    who has been issued a currently valid Firearm Owner's
23    Identification Card.
24    (d) Sentence.
25         (1) Aggravated unlawful use of a weapon is a Class 4
26    felony; a second or subsequent offense is a Class 2 felony

 

 

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1    for which the person shall be sentenced to a term of
2    imprisonment of not less than 4 3 years and not more than
3    10 7 years.
4        (2) Except as otherwise provided in paragraphs (3) and
5    (4) of this subsection (d), a first offense of aggravated
6    unlawful use of a weapon committed with a firearm by a
7    person 18 years of age or older where the factors listed in
8    both items (A) and (C) or both items (A-5) and (C) of
9    paragraph (3) of subsection (a) are present is a Class 4
10    felony, for which the person shall be sentenced to a term
11    of imprisonment of not less than one year and not more than
12    3 years.
13        (3) Aggravated unlawful use of a weapon by a person who
14    has been previously convicted of a felony in this State or
15    another jurisdiction is a Class 2 felony for which the
16    person shall be sentenced to a term of imprisonment of not
17    less than 4 3 years and not more than 10 7 years. A
18    sentence of county impact incarceration under Section
19    5-8-1.2 of the Unified Code of Corrections is not
20    authorized for a violation of this paragraph (3).
21        (4) Aggravated unlawful use of a weapon while wearing
22    or in possession of body armor as defined in Section 33F-1
23    by a person who has not been issued a valid Firearms
24    Owner's Identification Card in accordance with Section 5 of
25    the Firearm Owners Identification Card Act is a Class X
26    felony.

 

 

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1    (e) The possession of each firearm in violation of this
2Section constitutes a single and separate violation.
3(Source: P.A. 98-63, eff. 7-9-13.)
 
4    (720 ILCS 5/24-1.8)
5    Sec. 24-1.8. Unlawful possession of a firearm by a street
6gang member.
7    (a) A person commits unlawful possession of a firearm by a
8street gang member when he or she knowingly:
9        (1) possesses, carries, or conceals on or about his or
10    her person a firearm and firearm ammunition while on any
11    street, road, alley, gangway, sidewalk, or any other lands,
12    except when inside his or her own abode or inside his or
13    her fixed place of business, and has not been issued a
14    currently valid Firearm Owner's Identification Card and is
15    a member of a street gang; or
16        (2) possesses or carries in any vehicle a firearm and
17    firearm ammunition which are both immediately accessible
18    at the time of the offense while on any street, road,
19    alley, or any other lands, except when inside his or her
20    own abode or garage, and has not been issued a currently
21    valid Firearm Owner's Identification Card and is a member
22    of a street gang.
23    (b) Unlawful possession of a firearm by a street gang
24member is a Class 2 felony for which the person, if sentenced
25to a term of imprisonment, shall be sentenced to no less than 4

 

 

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13 years and no more than 10 years. A period of probation, a
2term of periodic imprisonment or conditional discharge shall
3not be imposed for the offense of unlawful possession of a
4firearm by a street gang member when the firearm was loaded or
5contained firearm ammunition and the court shall sentence the
6offender to not less than the minimum term of imprisonment
7authorized for the Class 2 felony. A sentence of county impact
8incarceration under Section 5-8-1.2 of the Unified Code of
9Corrections is not authorized for a violation of this Section.
10    (c) For purposes of this Section:
11        "Street gang" or "gang" has the meaning ascribed to it
12    in Section 10 of the Illinois Streetgang Terrorism Omnibus
13    Prevention Act.
14        "Street gang member" or "gang member" has the meaning
15    ascribed to it in Section 10 of the Illinois Streetgang
16    Terrorism Omnibus Prevention Act.
17(Source: P.A. 96-829, eff. 12-3-09.)
 
18    Section 10. The Unified Code of Corrections is amended by
19changing Sections 3-6-3, 5-5-3, and 5-8-1.2 as follows:
 
20    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
21    Sec. 3-6-3. Rules and Regulations for Sentence Credit.
22        (a) (1) The Department of Corrections shall prescribe
23    rules and regulations for awarding and revoking sentence
24    credit for persons committed to the Department which shall

 

 

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1    be subject to review by the Prisoner Review Board.
2        (1.5) As otherwise provided by law, sentence credit may
3    be awarded for the following:
4            (A) successful completion of programming while in
5        custody of the Department or while in custody prior to
6        sentencing;
7            (B) compliance with the rules and regulations of
8        the Department; or
9            (C) service to the institution, service to a
10        community, or service to the State.
11        (2) The rules and regulations on sentence credit shall
12    provide, with respect to offenses listed in clause (i),
13    (ii), or (iii) of this paragraph (2) committed on or after
14    June 19, 1998 or with respect to the offense listed in
15    clause (iv) of this paragraph (2) committed on or after
16    June 23, 2005 (the effective date of Public Act 94-71) or
17    with respect to offense listed in clause (vi) committed on
18    or after June 1, 2008 (the effective date of Public Act
19    95-625) or with respect to the offense of being an armed
20    habitual criminal committed on or after August 2, 2005 (the
21    effective date of Public Act 94-398) or with respect to the
22    offenses listed in clause (v) of this paragraph (2)
23    committed on or after August 13, 2007 (the effective date
24    of Public Act 95-134) or with respect to the offense of
25    aggravated domestic battery committed on or after July 23,
26    2010 (the effective date of Public Act 96-1224) or with

 

 

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1    respect to the offense of attempt to commit terrorism
2    committed on or after January 1, 2013 (the effective date
3    of Public Act 97-990) or with respect to offenses listed in
4    clause (viii) committed on or after the effective date of
5    this amendatory Act of the 98th General Assembly, the
6    following:
7            (i) that a prisoner who is serving a term of
8        imprisonment for first degree murder or for the offense
9        of terrorism shall receive no sentence credit and shall
10        serve the entire sentence imposed by the court;
11            (ii) that a prisoner serving a sentence for attempt
12        to commit terrorism, attempt to commit first degree
13        murder, solicitation of murder, solicitation of murder
14        for hire, intentional homicide of an unborn child,
15        predatory criminal sexual assault of a child,
16        aggravated criminal sexual assault, criminal sexual
17        assault, aggravated kidnapping, aggravated battery
18        with a firearm as described in Section 12-4.2 or
19        subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of
20        Section 12-3.05, heinous battery as described in
21        Section 12-4.1 or subdivision (a)(2) of Section
22        12-3.05, being an armed habitual criminal, aggravated
23        battery of a senior citizen as described in Section
24        12-4.6 or subdivision (a)(4) of Section 12-3.05, or
25        aggravated battery of a child as described in Section
26        12-4.3 or subdivision (b)(1) of Section 12-3.05 shall

 

 

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

 

 

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1        of 2012, or a Class X felony conviction for delivery of
2        a controlled substance, possession of a controlled
3        substance with intent to manufacture or deliver,
4        calculated criminal drug conspiracy, criminal drug
5        conspiracy, street gang criminal drug conspiracy,
6        participation in methamphetamine manufacturing,
7        aggravated participation in methamphetamine
8        manufacturing, delivery of methamphetamine, possession
9        with intent to deliver methamphetamine, aggravated
10        delivery of methamphetamine, aggravated possession
11        with intent to deliver methamphetamine,
12        methamphetamine conspiracy when the substance
13        containing the controlled substance or methamphetamine
14        is 100 grams or more shall receive no more than 7.5
15        days sentence credit for each month of his or her
16        sentence of imprisonment;
17            (vi) that a prisoner serving a sentence for a
18        second or subsequent offense of luring a minor shall
19        receive no more than 4.5 days of sentence credit for
20        each month of his or her sentence of imprisonment; and
21            (vii) that a prisoner serving a sentence for
22        aggravated domestic battery shall receive no more than
23        4.5 days of sentence credit for each month of his or
24        her sentence of imprisonment; and
25            (viii) that a prisoner serving a sentence for a
26        violation of Section 24-1.1, 24-1.6, except for a

 

 

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1        sentence for a first offense under paragraph (1) of
2        subsection (d) of Section 24-1.6 or a sentence under
3        paragraph (2) of subsection (d) of Section 24-1.6, or
4        24-1.8 of the Criminal Code of 2012 shall receive no
5        more than 4.5 days of sentence credit for each month of
6        his or her sentence of imprisonment.
7        (2.1) For all offenses, other than those enumerated in
8    subdivision (a)(2)(i), (ii), or (iii) committed on or after
9    June 19, 1998 or subdivision (a)(2)(iv) committed on or
10    after June 23, 2005 (the effective date of Public Act
11    94-71) or subdivision (a)(2)(v) committed on or after
12    August 13, 2007 (the effective date of Public Act 95-134)
13    or subdivision (a)(2)(vi) committed on or after June 1,
14    2008 (the effective date of Public Act 95-625) or
15    subdivision (a)(2)(vii) committed on or after July 23, 2010
16    (the effective date of Public Act 96-1224), and other than
17    the offense of aggravated driving under the influence of
18    alcohol, other drug or drugs, or intoxicating compound or
19    compounds, or any combination thereof as defined in
20    subparagraph (F) of paragraph (1) of subsection (d) of
21    Section 11-501 of the Illinois Vehicle Code, and other than
22    the offense 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
25    subparagraph (C) of paragraph (1) of subsection (d) of
26    Section 11-501 of the Illinois Vehicle Code committed on or

 

 

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1    after January 1, 2011 (the effective date of Public Act
2    96-1230), the rules and regulations shall provide that a
3    prisoner who is serving a term of imprisonment shall
4    receive one day of sentence credit for each day of his or
5    her sentence of imprisonment or recommitment under Section
6    3-3-9. Each day of sentence credit shall reduce by one day
7    the prisoner's period of imprisonment or recommitment
8    under Section 3-3-9.
9        (2.2) A prisoner serving a term of natural life
10    imprisonment or a prisoner who has been sentenced to death
11    shall receive no sentence credit.
12        (2.3) The rules and regulations on sentence credit
13    shall provide that a prisoner who is serving a sentence for
14    aggravated driving under the influence of alcohol, other
15    drug or drugs, or intoxicating compound or compounds, or
16    any combination thereof as defined in subparagraph (F) of
17    paragraph (1) of subsection (d) of Section 11-501 of the
18    Illinois Vehicle Code, shall receive no more than 4.5 days
19    of sentence credit for each month of his or her sentence of
20    imprisonment.
21        (2.4) The rules and regulations on sentence credit
22    shall provide with respect to the offenses of aggravated
23    battery with a machine gun or a firearm equipped with any
24    device or attachment designed or used for silencing the
25    report of a firearm or aggravated discharge of a machine
26    gun or a firearm equipped with any device or attachment

 

 

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1    designed or used for silencing the report of a firearm,
2    committed on or after July 15, 1999 (the effective date of
3    Public Act 91-121), that a prisoner serving a sentence for
4    any of these offenses shall receive no more than 4.5 days
5    of sentence credit for each month of his or her sentence of
6    imprisonment.
7        (2.5) The rules and regulations on sentence credit
8    shall provide that a prisoner who is serving a sentence for
9    aggravated arson committed on or after July 27, 2001 (the
10    effective date of Public Act 92-176) shall receive no more
11    than 4.5 days of sentence credit for each month of his or
12    her sentence of imprisonment.
13        (2.6) The rules and regulations on sentence credit
14    shall provide that a prisoner who is serving a sentence for
15    aggravated driving under the influence of alcohol, other
16    drug or drugs, or intoxicating compound or compounds or any
17    combination thereof as defined in subparagraph (C) of
18    paragraph (1) of subsection (d) of Section 11-501 of the
19    Illinois Vehicle Code committed on or after January 1, 2011
20    (the effective date of Public Act 96-1230) shall receive no
21    more than 4.5 days of sentence credit for each month of his
22    or her sentence of imprisonment.
23        (3) The rules and regulations shall also provide that
24    the Director may award up to 180 days additional sentence
25    credit for good conduct in specific instances as the
26    Director deems proper. The good conduct may include, but is

 

 

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1    not limited to, compliance with the rules and regulations
2    of the Department, service to the Department, service to a
3    community, or service to the State. However, the Director
4    shall not award more than 90 days of sentence credit for
5    good conduct to any prisoner who is serving a sentence for
6    conviction of first degree murder, reckless homicide while
7    under the influence of alcohol or any other drug, or
8    aggravated driving under the influence of alcohol, other
9    drug or drugs, or intoxicating compound or compounds, or
10    any combination thereof as defined in subparagraph (F) of
11    paragraph (1) of subsection (d) of Section 11-501 of the
12    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
13    predatory criminal sexual assault of a child, aggravated
14    criminal sexual assault, criminal sexual assault, deviate
15    sexual assault, aggravated criminal sexual abuse,
16    aggravated indecent liberties with a child, indecent
17    liberties with a child, child pornography, heinous battery
18    as described in Section 12-4.1 or subdivision (a)(2) of
19    Section 12-3.05, aggravated battery of a spouse,
20    aggravated battery of a spouse with a firearm, stalking,
21    aggravated stalking, aggravated battery of a child as
22    described in Section 12-4.3 or subdivision (b)(1) of
23    Section 12-3.05, endangering the life or health of a child,
24    or cruelty to a child. Notwithstanding the foregoing,
25    sentence credit for good conduct shall not be awarded on a
26    sentence of imprisonment imposed for conviction of: (i) one

 

 

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1    of the offenses enumerated in subdivision (a)(2)(i), (ii),
2    or (iii) when the offense is committed on or after June 19,
3    1998 or subdivision (a)(2)(iv) when the offense is
4    committed on or after June 23, 2005 (the effective date of
5    Public Act 94-71) or subdivision (a)(2)(v) when the offense
6    is committed on or after August 13, 2007 (the effective
7    date of Public Act 95-134) or subdivision (a)(2)(vi) when
8    the offense is committed on or after June 1, 2008 (the
9    effective date of Public Act 95-625) or subdivision
10    (a)(2)(vii) when the offense is committed on or after July
11    23, 2010 (the effective date of Public Act 96-1224), (ii)
12    aggravated driving under the influence of alcohol, other
13    drug or drugs, or intoxicating compound or compounds, or
14    any combination thereof as defined in subparagraph (F) of
15    paragraph (1) of subsection (d) of Section 11-501 of the
16    Illinois Vehicle Code, (iii) one of the offenses enumerated
17    in subdivision (a)(2.4) when the offense is committed on or
18    after July 15, 1999 (the effective date of Public Act
19    91-121), (iv) aggravated arson when the offense is
20    committed on or after July 27, 2001 (the effective date of
21    Public Act 92-176), (v) offenses that may subject the
22    offender to commitment under the Sexually Violent Persons
23    Commitment Act, or (vi) aggravated driving under the
24    influence of alcohol, other drug or drugs, or intoxicating
25    compound or compounds or any combination thereof as defined
26    in subparagraph (C) of paragraph (1) of subsection (d) of

 

 

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1    Section 11-501 of the Illinois Vehicle Code committed on or
2    after January 1, 2011 (the effective date of Public Act
3    96-1230).
4    Eligible inmates for an award of sentence credit under this
5paragraph (3) may be selected to receive the credit at the
6Director's or his or her designee's sole discretion.
7Consideration may be based on, but not limited to, any
8available risk assessment analysis on the inmate, any history
9of conviction for violent crimes as defined by the Rights of
10Crime Victims and Witnesses Act, facts and circumstances of the
11inmate's holding offense or offenses, and the potential for
12rehabilitation.
13    The Director shall not award sentence credit under this
14paragraph (3) to an inmate unless the inmate has served a
15minimum of 60 days of the sentence; except nothing in this
16paragraph shall be construed to permit the Director to extend
17an inmate's sentence beyond that which was imposed by the
18court. Prior to awarding credit under this paragraph (3), the
19Director shall make a written determination that the inmate:
20            (A) is eligible for the sentence credit;
21            (B) has served a minimum of 60 days, or as close to
22        60 days as the sentence will allow; and
23            (C) has met the eligibility criteria established
24        by rule.
25        The Director shall determine the form and content of
26    the written determination required in this subsection.

 

 

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1        (3.5) The Department shall provide annual written
2    reports to the Governor and the General Assembly on the
3    award of sentence credit for good conduct, with the first
4    report due January 1, 2014. The Department must publish
5    both reports on its website within 48 hours of transmitting
6    the reports to the Governor and the General Assembly. The
7    reports must include:
8            (A) the number of inmates awarded sentence credit
9        for good conduct;
10            (B) the average amount of sentence credit for good
11        conduct awarded;
12            (C) the holding offenses of inmates awarded
13        sentence credit for good conduct; and
14            (D) the number of sentence credit for good conduct
15        revocations.
16        (4) The rules and regulations shall also provide that
17    the sentence credit accumulated and retained under
18    paragraph (2.1) of subsection (a) of this Section by any
19    inmate during specific periods of time in which such inmate
20    is engaged full-time in substance abuse programs,
21    correctional industry assignments, educational programs,
22    behavior modification programs, life skills courses, or
23    re-entry planning provided by the Department under this
24    paragraph (4) and satisfactorily completes the assigned
25    program as determined by the standards of the Department,
26    shall be multiplied by a factor of 1.25 for program

 

 

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1    participation before August 11, 1993 and 1.50 for program
2    participation on or after that date. The rules and
3    regulations shall also provide that sentence credit,
4    subject to the same offense limits and multiplier provided
5    in this paragraph, may be provided to an inmate who was
6    held in pre-trial detention prior to his or her current
7    commitment to the Department of Corrections and
8    successfully completed a full-time, 60-day or longer
9    substance abuse program, educational program, behavior
10    modification program, life skills course, or re-entry
11    planning provided by the county department of corrections
12    or county jail. Calculation of this county program credit
13    shall be done at sentencing as provided in Section
14    5-4.5-100 of this Code and shall be included in the
15    sentencing order. However, no inmate shall be eligible for
16    the additional sentence credit under this paragraph (4) or
17    (4.1) of this subsection (a) while assigned to a boot camp
18    or electronic detention, or if convicted of an offense
19    enumerated in subdivision (a)(2)(i), (ii), or (iii) of this
20    Section that is committed on or after June 19, 1998 or
21    subdivision (a)(2)(iv) of this Section that is committed on
22    or after June 23, 2005 (the effective date of Public Act
23    94-71) or subdivision (a)(2)(v) of this Section that is
24    committed on or after August 13, 2007 (the effective date
25    of Public Act 95-134) or subdivision (a)(2)(vi) when the
26    offense is committed on or after June 1, 2008 (the

 

 

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1    effective date of Public Act 95-625) or subdivision
2    (a)(2)(vii) when the offense is committed on or after July
3    23, 2010 (the effective date of Public Act 96-1224), or if
4    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
7    subparagraph (F) of paragraph (1) of subsection (d) of
8    Section 11-501 of the Illinois Vehicle Code, or if
9    convicted of aggravated driving under the influence of
10    alcohol, other drug or drugs, or intoxicating compound or
11    compounds or any combination thereof as defined in
12    subparagraph (C) of paragraph (1) of subsection (d) of
13    Section 11-501 of the Illinois Vehicle Code committed on or
14    after January 1, 2011 (the effective date of Public Act
15    96-1230), or if convicted of an offense enumerated in
16    paragraph (a)(2.4) of this Section that is committed on or
17    after July 15, 1999 (the effective date of Public Act
18    91-121), or first degree murder, a Class X felony, criminal
19    sexual assault, felony criminal sexual abuse, aggravated
20    criminal sexual abuse, aggravated battery with a firearm as
21    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
22    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
23    successor offenses with the same or substantially the same
24    elements, or any inchoate offenses relating to the
25    foregoing offenses. No inmate shall be eligible for the
26    additional good conduct credit under this paragraph (4) who

 

 

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

 

 

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1    agent of the Department shall be liable for damages to the
2    inmate.
3        (4.1) The rules and regulations shall also provide that
4    an additional 60 days of sentence credit shall be awarded
5    to any prisoner who passes the high school level Test of
6    General Educational Development (GED) while the prisoner
7    is committed to the Department of Corrections. The sentence
8    credit awarded under this paragraph (4.1) shall be in
9    addition to, and shall not affect, the award of sentence
10    credit under any other paragraph of this Section, but shall
11    also be pursuant to the guidelines and restrictions set
12    forth in paragraph (4) of subsection (a) of this Section.
13    The sentence credit provided for in this paragraph shall be
14    available only to those prisoners who have not previously
15    earned a high school diploma or a GED. If, after an award
16    of the GED sentence credit has been made and the Department
17    determines that the prisoner was not eligible, then the
18    award shall be revoked. The Department may also award 60
19    days of sentence credit to any committed person who passed
20    the high school level Test of General Educational
21    Development (GED) while he or she was held in pre-trial
22    detention prior to the current commitment to the Department
23    of Corrections.
24        (4.5) The rules and regulations on sentence credit
25    shall also provide that when the court's sentencing order
26    recommends a prisoner for substance abuse treatment and the

 

 

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1    crime was committed on or after September 1, 2003 (the
2    effective date of Public Act 93-354), the prisoner shall
3    receive no sentence credit awarded under clause (3) of this
4    subsection (a) unless he or she participates in and
5    completes a substance abuse treatment program. The
6    Director may waive the requirement to participate in or
7    complete a substance abuse treatment program and award the
8    sentence credit in specific instances if the prisoner is
9    not a good candidate for a substance abuse treatment
10    program for medical, programming, or operational reasons.
11    Availability of substance abuse treatment shall be subject
12    to the limits of fiscal resources appropriated by the
13    General Assembly for these purposes. If treatment is not
14    available and the requirement to participate and complete
15    the treatment has not been waived by the Director, the
16    prisoner shall be placed on a waiting list under criteria
17    established by the Department. The Director may allow a
18    prisoner placed on a waiting list to participate in and
19    complete a substance abuse education class or attend
20    substance abuse self-help meetings in lieu of a substance
21    abuse treatment program. A prisoner on a waiting list who
22    is not placed in a substance abuse program prior to release
23    may be eligible for a waiver and receive sentence credit
24    under clause (3) of this subsection (a) at the discretion
25    of the Director.
26        (4.6) The rules and regulations on sentence credit

 

 

HB5672- 26 -LRB098 18151 RLC 53280 b

1    shall also provide that a prisoner who has been convicted
2    of a sex offense as defined in Section 2 of the Sex
3    Offender Registration Act shall receive no sentence credit
4    unless he or she either has successfully completed or is
5    participating in sex offender treatment as defined by the
6    Sex Offender Management Board. However, prisoners who are
7    waiting to receive treatment, but who are unable to do so
8    due solely to the lack of resources on the part of the
9    Department, may, at the Director's sole discretion, be
10    awarded sentence credit at a rate as the Director shall
11    determine.
12        (5) Whenever the Department is to release any inmate
13    earlier than it otherwise would because of a grant of
14    sentence credit for good conduct under paragraph (3) of
15    subsection (a) of this Section given at any time during the
16    term, the Department shall give reasonable notice of the
17    impending release not less than 14 days prior to the date
18    of the release to the State's Attorney of the county where
19    the prosecution of the inmate took place, and if
20    applicable, the State's Attorney of the county into which
21    the inmate will be released. The Department must also make
22    identification information and a recent photo of the inmate
23    being released accessible on the Internet by means of a
24    hyperlink labeled "Community Notification of Inmate Early
25    Release" on the Department's World Wide Web homepage. The
26    identification information shall include the inmate's:

 

 

HB5672- 27 -LRB098 18151 RLC 53280 b

1    name, any known alias, date of birth, physical
2    characteristics, residence address, commitment offense and
3    county where conviction was imposed. The identification
4    information shall be placed on the website within 3 days of
5    the inmate's release and the information may not be removed
6    until either: completion of the first year of mandatory
7    supervised release or return of the inmate to custody of
8    the Department.
9    (b) Whenever a person is or has been committed under
10several convictions, with separate sentences, the sentences
11shall be construed under Section 5-8-4 in granting and
12forfeiting of sentence credit.
13    (c) The Department shall prescribe rules and regulations
14for revoking sentence credit, including revoking sentence
15credit awarded for good conduct under paragraph (3) of
16subsection (a) of this Section. The Department shall prescribe
17rules and regulations for suspending or reducing the rate of
18accumulation of sentence credit for specific rule violations,
19during imprisonment. These rules and regulations shall provide
20that no inmate may be penalized more than one year of sentence
21credit for any one infraction.
22    When the Department seeks to revoke, suspend or reduce the
23rate of accumulation of any sentence credits for an alleged
24infraction of its rules, it shall bring charges therefor
25against the prisoner sought to be so deprived of sentence
26credits before the Prisoner Review Board as provided in

 

 

HB5672- 28 -LRB098 18151 RLC 53280 b

1subparagraph (a)(4) of Section 3-3-2 of this Code, if the
2amount of credit at issue exceeds 30 days or when during any 12
3month period, the cumulative amount of credit revoked exceeds
430 days except where the infraction is committed or discovered
5within 60 days of scheduled release. In those cases, the
6Department of Corrections may revoke up to 30 days of sentence
7credit. The Board may subsequently approve the revocation of
8additional sentence credit, if the Department seeks to revoke
9sentence credit in excess of 30 days. However, the Board shall
10not be empowered to review the Department's decision with
11respect to the loss of 30 days of sentence credit within any
12calendar year for any prisoner or to increase any penalty
13beyond the length requested by the Department.
14    The Director of the Department of Corrections, in
15appropriate cases, may restore up to 30 days of sentence
16credits which have been revoked, suspended or reduced. Any
17restoration of sentence credits in excess of 30 days shall be
18subject to review by the Prisoner Review Board. However, the
19Board may not restore sentence credit in excess of the amount
20requested by the Director.
21    Nothing contained in this Section shall prohibit the
22Prisoner Review Board from ordering, pursuant to Section
233-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
24sentence imposed by the court that was not served due to the
25accumulation of sentence credit.
26    (d) If a lawsuit is filed by a prisoner in an Illinois or

 

 

HB5672- 29 -LRB098 18151 RLC 53280 b

1federal court against the State, the Department of Corrections,
2or the Prisoner Review Board, or against any of their officers
3or employees, and the court makes a specific finding that a
4pleading, motion, or other paper filed by the prisoner is
5frivolous, the Department of Corrections shall conduct a
6hearing to revoke up to 180 days of sentence credit by bringing
7charges against the prisoner sought to be deprived of the
8sentence credits before the Prisoner Review Board as provided
9in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
10prisoner has not accumulated 180 days of sentence credit at the
11time of the finding, then the Prisoner Review Board may revoke
12all sentence credit accumulated by the prisoner.
13    For purposes of this subsection (d):
14        (1) "Frivolous" means that a pleading, motion, or other
15    filing which purports to be a legal document filed by a
16    prisoner in his or her lawsuit meets any or all of the
17    following criteria:
18            (A) it lacks an arguable basis either in law or in
19        fact;
20            (B) it is being presented for any improper purpose,
21        such as to harass or to cause unnecessary delay or
22        needless increase in the cost of litigation;
23            (C) the claims, defenses, and other legal
24        contentions therein are not warranted by existing law
25        or by a nonfrivolous argument for the extension,
26        modification, or reversal of existing law or the

 

 

HB5672- 30 -LRB098 18151 RLC 53280 b

1        establishment of new law;
2            (D) the allegations and other factual contentions
3        do not have evidentiary support or, if specifically so
4        identified, are not likely to have evidentiary support
5        after a reasonable opportunity for further
6        investigation or discovery; or
7            (E) the denials of factual contentions are not
8        warranted on the evidence, or if specifically so
9        identified, are not reasonably based on a lack of
10        information or belief.
11        (2) "Lawsuit" means a motion pursuant to Section 116-3
12    of the Code of Criminal Procedure of 1963, a habeas corpus
13    action under Article X of the Code of Civil Procedure or
14    under federal law (28 U.S.C. 2254), a petition for claim
15    under the Court of Claims Act, an action under the federal
16    Civil Rights Act (42 U.S.C. 1983), or a second or
17    subsequent petition for post-conviction relief under
18    Article 122 of the Code of Criminal Procedure of 1963
19    whether filed with or without leave of court or a second or
20    subsequent petition for relief from judgment under Section
21    2-1401 of the Code of Civil Procedure.
22    (e) Nothing in Public Act 90-592 or 90-593 affects the
23validity of Public Act 89-404.
24    (f) Whenever the Department is to release any inmate who
25has been convicted of a violation of an order of protection
26under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

 

 

HB5672- 31 -LRB098 18151 RLC 53280 b

1the Criminal Code of 2012, earlier than it otherwise would
2because of a grant of sentence credit, the Department, as a
3condition of release, shall require that the person, upon
4release, be placed under electronic surveillance as provided in
5Section 5-8A-7 of this Code.
6(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10;
796-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff.
87-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333,
9eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13;
1097-1150, eff. 1-25-13.)
 
11    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
12    Sec. 5-5-3. Disposition.
13    (a) (Blank).
14    (b) (Blank).
15    (c) (1) (Blank).
16        (2) A period of probation, a term of periodic
17    imprisonment or conditional discharge shall not be imposed
18    for the following offenses. The court shall sentence the
19    offender to not less than the minimum term of imprisonment
20    set forth in this Code for the following offenses, and may
21    order a fine or restitution or both in conjunction with
22    such term of imprisonment:
23            (A) First degree murder where the death penalty is
24        not imposed.
25            (B) Attempted first degree murder.

 

 

HB5672- 32 -LRB098 18151 RLC 53280 b

1            (C) A Class X felony.
2            (D) A violation of Section 401.1 or 407 of the
3        Illinois Controlled Substances Act, or a violation of
4        subdivision (c)(1.5) or (c)(2) of Section 401 of that
5        Act which relates to more than 5 grams of a substance
6        containing cocaine, fentanyl, or an analog thereof.
7            (D-5) A violation of subdivision (c)(1) of Section
8        401 of the Illinois Controlled Substances Act which
9        relates to 3 or more grams of a substance containing
10        heroin or an analog thereof.
11            (E) A violation of Section 5.1 or 9 of the Cannabis
12        Control Act.
13            (F) A Class 2 or greater felony if the offender had
14        been convicted of a Class 2 or greater felony,
15        including any state or federal conviction for an
16        offense that contained, at the time it was committed,
17        the same elements as an offense now (the date of the
18        offense committed after the prior Class 2 or greater
19        felony) classified as a Class 2 or greater felony,
20        within 10 years of the date on which the offender
21        committed the offense for which he or she is being
22        sentenced, except as otherwise provided in Section
23        40-10 of the Alcoholism and Other Drug Abuse and
24        Dependency Act.
25            (F-5) A violation of Section 24-1, 24-1.1, or
26        24-1.6, or 24-1.8 of the Criminal Code of 1961 or the

 

 

HB5672- 33 -LRB098 18151 RLC 53280 b

1        Criminal Code of 2012 for which imprisonment is
2        prescribed in those Sections.
3            (G) Residential burglary, except as otherwise
4        provided in Section 40-10 of the Alcoholism and Other
5        Drug Abuse and Dependency Act.
6            (H) Criminal sexual assault.
7            (I) Aggravated battery of a senior citizen as
8        described in Section 12-4.6 or subdivision (a)(4) of
9        Section 12-3.05 of the Criminal Code of 1961 or the
10        Criminal Code of 2012.
11            (J) A forcible felony if the offense was related to
12        the activities of an organized gang.
13            Before July 1, 1994, for the purposes of this
14        paragraph, "organized gang" means an association of 5
15        or more persons, with an established hierarchy, that
16        encourages members of the association to perpetrate
17        crimes or provides support to the members of the
18        association who do commit crimes.
19            Beginning July 1, 1994, for the purposes of this
20        paragraph, "organized gang" has the meaning ascribed
21        to it in Section 10 of the Illinois Streetgang
22        Terrorism Omnibus Prevention Act.
23            (K) Vehicular hijacking.
24            (L) A second or subsequent conviction for the
25        offense of hate crime when the underlying offense upon
26        which the hate crime is based is felony aggravated

 

 

HB5672- 34 -LRB098 18151 RLC 53280 b

1        assault or felony mob action.
2            (M) A second or subsequent conviction for the
3        offense of institutional vandalism if the damage to the
4        property exceeds $300.
5            (N) A Class 3 felony violation of paragraph (1) of
6        subsection (a) of Section 2 of the Firearm Owners
7        Identification Card Act.
8            (O) A violation of Section 12-6.1 or 12-6.5 of the
9        Criminal Code of 1961 or the Criminal Code of 2012.
10            (P) A violation of paragraph (1), (2), (3), (4),
11        (5), or (7) of subsection (a) of Section 11-20.1 of the
12        Criminal Code of 1961 or the Criminal Code of 2012.
13            (Q) A violation of subsection (b) or (b-5) of
14        Section 20-1, Section 20-1.2, or Section 20-1.3 of the
15        Criminal Code of 1961 or the Criminal Code of 2012.
16            (R) A violation of Section 24-3A of the Criminal
17        Code of 1961 or the Criminal Code of 2012.
18            (S) (Blank).
19            (T) A second or subsequent violation of the
20        Methamphetamine Control and Community Protection Act.
21            (U) A second or subsequent violation of Section
22        6-303 of the Illinois Vehicle Code committed while his
23        or her driver's license, permit, or privilege was
24        revoked because of a violation of Section 9-3 of the
25        Criminal Code of 1961 or the Criminal Code of 2012,
26        relating to the offense of reckless homicide, or a

 

 

HB5672- 35 -LRB098 18151 RLC 53280 b

1        similar provision of a law of another state.
2            (V) A violation of paragraph (4) of subsection (c)
3        of Section 11-20.1B or paragraph (4) of subsection (c)
4        of Section 11-20.3 of the Criminal Code of 1961, or
5        paragraph (6) of subsection (a) of Section 11-20.1 of
6        the Criminal Code of 2012 when the victim is under 13
7        years of age and the defendant has previously been
8        convicted under the laws of this State or any other
9        state of the offense of child pornography, aggravated
10        child pornography, aggravated criminal sexual abuse,
11        aggravated criminal sexual assault, predatory criminal
12        sexual assault of a child, or any of the offenses
13        formerly known as rape, deviate sexual assault,
14        indecent liberties with a child, or aggravated
15        indecent liberties with a child where the victim was
16        under the age of 18 years or an offense that is
17        substantially equivalent to those offenses.
18            (W) A violation of Section 24-3.5 of the Criminal
19        Code of 1961 or the Criminal Code of 2012.
20            (X) A violation of subsection (a) of Section 31-1a
21        of the Criminal Code of 1961 or the Criminal Code of
22        2012.
23            (Y) A conviction for unlawful possession of a
24        firearm by a street gang member when the firearm was
25        loaded or contained firearm ammunition.
26            (Z) A Class 1 felony committed while he or she was

 

 

HB5672- 36 -LRB098 18151 RLC 53280 b

1        serving a term of probation or conditional discharge
2        for a felony.
3            (AA) Theft of property exceeding $500,000 and not
4        exceeding $1,000,000 in value.
5            (BB) Laundering of criminally derived property of
6        a value exceeding $500,000.
7            (CC) Knowingly selling, offering for sale, holding
8        for sale, or using 2,000 or more counterfeit items or
9        counterfeit items having a retail value in the
10        aggregate of $500,000 or more.
11            (DD) A conviction for aggravated assault under
12        paragraph (6) of subsection (c) of Section 12-2 of the
13        Criminal Code of 1961 or the Criminal Code of 2012 if
14        the firearm is aimed toward the person against whom the
15        firearm is being used.
16        (3) (Blank).
17        (4) A minimum term of imprisonment of not less than 10
18    consecutive days or 30 days of community service shall be
19    imposed for a violation of paragraph (c) of Section 6-303
20    of the Illinois Vehicle Code.
21        (4.1) (Blank).
22        (4.2) Except as provided in paragraphs (4.3) and (4.8)
23    of this subsection (c), a minimum of 100 hours of community
24    service shall be imposed for a second violation of Section
25    6-303 of the Illinois Vehicle Code.
26        (4.3) A minimum term of imprisonment of 30 days or 300

 

 

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1    hours of community service, as determined by the court,
2    shall be imposed for a second violation of subsection (c)
3    of Section 6-303 of the Illinois Vehicle Code.
4        (4.4) Except as provided in paragraphs (4.5), (4.6),
5    and (4.9) of this subsection (c), a minimum term of
6    imprisonment of 30 days or 300 hours of community service,
7    as determined by the court, shall be imposed for a third or
8    subsequent violation of Section 6-303 of the Illinois
9    Vehicle Code.
10        (4.5) A minimum term of imprisonment of 30 days shall
11    be imposed for a third violation of subsection (c) of
12    Section 6-303 of the Illinois Vehicle Code.
13        (4.6) Except as provided in paragraph (4.10) of this
14    subsection (c), a minimum term of imprisonment of 180 days
15    shall be imposed for a fourth or subsequent violation of
16    subsection (c) of Section 6-303 of the Illinois Vehicle
17    Code.
18        (4.7) A minimum term of imprisonment of not less than
19    30 consecutive days, or 300 hours of community service,
20    shall be imposed for a violation of subsection (a-5) of
21    Section 6-303 of the Illinois Vehicle Code, as provided in
22    subsection (b-5) of that Section.
23        (4.8) A mandatory prison sentence shall be imposed for
24    a second violation of subsection (a-5) of Section 6-303 of
25    the Illinois Vehicle Code, as provided in subsection (c-5)
26    of that Section. The person's driving privileges shall be

 

 

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1    revoked for a period of not less than 5 years from the date
2    of his or her release from prison.
3        (4.9) A mandatory prison sentence of not less than 4
4    and not more than 15 years shall be imposed for a third
5    violation of subsection (a-5) of Section 6-303 of the
6    Illinois Vehicle Code, as provided in subsection (d-2.5) of
7    that Section. The person's driving privileges shall be
8    revoked for the remainder of his or her life.
9        (4.10) A mandatory prison sentence for a Class 1 felony
10    shall be imposed, and the person shall be eligible for an
11    extended term sentence, for a fourth or subsequent
12    violation of subsection (a-5) of Section 6-303 of the
13    Illinois Vehicle Code, as provided in subsection (d-3.5) of
14    that Section. The person's driving privileges shall be
15    revoked for the remainder of his or her life.
16        (5) The court may sentence a corporation or
17    unincorporated association convicted of any offense to:
18            (A) a period of conditional discharge;
19            (B) a fine;
20            (C) make restitution to the victim under Section
21        5-5-6 of this Code.
22        (5.1) In addition to any other penalties imposed, and
23    except as provided in paragraph (5.2) or (5.3), a person
24    convicted of violating subsection (c) of Section 11-907 of
25    the Illinois Vehicle Code shall have his or her driver's
26    license, permit, or privileges suspended for at least 90

 

 

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1    days but not more than one year, if the violation resulted
2    in damage to the property of another person.
3        (5.2) In addition to any other penalties imposed, and
4    except as provided in paragraph (5.3), a person convicted
5    of violating subsection (c) of Section 11-907 of the
6    Illinois Vehicle Code shall have his or her driver's
7    license, permit, or privileges suspended for at least 180
8    days but not more than 2 years, if the violation resulted
9    in injury to another person.
10        (5.3) In addition to any other penalties imposed, a
11    person convicted of violating subsection (c) of Section
12    11-907 of the Illinois Vehicle Code shall have his or her
13    driver's license, permit, or privileges suspended for 2
14    years, if the violation resulted in the death of another
15    person.
16        (5.4) In addition to any other penalties imposed, a
17    person convicted of violating Section 3-707 of the Illinois
18    Vehicle Code shall have his or her driver's license,
19    permit, or privileges suspended for 3 months and until he
20    or she has paid a reinstatement fee of $100.
21        (5.5) In addition to any other penalties imposed, a
22    person convicted of violating Section 3-707 of the Illinois
23    Vehicle Code during a period in which his or her driver's
24    license, permit, or privileges were suspended for a
25    previous violation of that Section shall have his or her
26    driver's license, permit, or privileges suspended for an

 

 

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1    additional 6 months after the expiration of the original
2    3-month suspension and until he or she has paid a
3    reinstatement fee of $100.
4        (6) (Blank).
5        (7) (Blank).
6        (8) (Blank).
7        (9) A defendant convicted of a second or subsequent
8    offense of ritualized abuse of a child may be sentenced to
9    a term of natural life imprisonment.
10        (10) (Blank).
11        (11) The court shall impose a minimum fine of $1,000
12    for a first offense and $2,000 for a second or subsequent
13    offense upon a person convicted of or placed on supervision
14    for battery when the individual harmed was a sports
15    official or coach at any level of competition and the act
16    causing harm to the sports official or coach occurred
17    within an athletic facility or within the immediate
18    vicinity of the athletic facility at which the sports
19    official or coach was an active participant of the athletic
20    contest held at the athletic facility. For the purposes of
21    this paragraph (11), "sports official" means a person at an
22    athletic contest who enforces the rules of the contest,
23    such as an umpire or referee; "athletic facility" means an
24    indoor or outdoor playing field or recreational area where
25    sports activities are conducted; and "coach" means a person
26    recognized as a coach by the sanctioning authority that

 

 

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1    conducted the sporting event.
2        (12) A person may not receive a disposition of court
3    supervision for a violation of Section 5-16 of the Boat
4    Registration and Safety Act if that person has previously
5    received a disposition of court supervision for a violation
6    of that Section.
7        (13) A person convicted of or placed on court
8    supervision for an assault or aggravated assault when the
9    victim and the offender are family or household members as
10    defined in Section 103 of the Illinois Domestic Violence
11    Act of 1986 or convicted of domestic battery or aggravated
12    domestic battery may be required to attend a Partner Abuse
13    Intervention Program under protocols set forth by the
14    Illinois Department of Human Services under such terms and
15    conditions imposed by the court. The costs of such classes
16    shall be paid by the offender.
17    (d) In any case in which a sentence originally imposed is
18vacated, the case shall be remanded to the trial court. The
19trial court shall hold a hearing under Section 5-4-1 of the
20Unified Code of Corrections which may include evidence of the
21defendant's life, moral character and occupation during the
22time since the original sentence was passed. The trial court
23shall then impose sentence upon the defendant. The trial court
24may impose any sentence which could have been imposed at the
25original trial subject to Section 5-5-4 of the Unified Code of
26Corrections. If a sentence is vacated on appeal or on

 

 

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1collateral attack due to the failure of the trier of fact at
2trial to determine beyond a reasonable doubt the existence of a
3fact (other than a prior conviction) necessary to increase the
4punishment for the offense beyond the statutory maximum
5otherwise applicable, either the defendant may be re-sentenced
6to a term within the range otherwise provided or, if the State
7files notice of its intention to again seek the extended
8sentence, the defendant shall be afforded a new trial.
9    (e) In cases where prosecution for aggravated criminal
10sexual abuse under Section 11-1.60 or 12-16 of the Criminal
11Code of 1961 or the Criminal Code of 2012 results in conviction
12of a defendant who was a family member of the victim at the
13time of the commission of the offense, the court shall consider
14the safety and welfare of the victim and may impose a sentence
15of probation only where:
16        (1) the court finds (A) or (B) or both are appropriate:
17            (A) the defendant is willing to undergo a court
18        approved counseling program for a minimum duration of 2
19        years; or
20            (B) the defendant is willing to participate in a
21        court approved plan including but not limited to the
22        defendant's:
23                (i) removal from the household;
24                (ii) restricted contact with the victim;
25                (iii) continued financial support of the
26            family;

 

 

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1                (iv) restitution for harm done to the victim;
2            and
3                (v) compliance with any other measures that
4            the court may deem appropriate; and
5        (2) the court orders the defendant to pay for the
6    victim's counseling services, to the extent that the court
7    finds, after considering the defendant's income and
8    assets, that the defendant is financially capable of paying
9    for such services, if the victim was under 18 years of age
10    at the time the offense was committed and requires
11    counseling as a result of the offense.
12    Probation may be revoked or modified pursuant to Section
135-6-4; except where the court determines at the hearing that
14the defendant violated a condition of his or her probation
15restricting contact with the victim or other family members or
16commits another offense with the victim or other family
17members, the court shall revoke the defendant's probation and
18impose a term of imprisonment.
19    For the purposes of this Section, "family member" and
20"victim" shall have the meanings ascribed to them in Section
2111-0.1 of the Criminal Code of 2012.
22    (f) (Blank).
23    (g) Whenever a defendant is convicted of an offense under
24Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2511-14.3, 11-14.4 except for an offense that involves keeping a
26place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

 

 

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111-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
3Criminal Code of 2012, the defendant shall undergo medical
4testing to determine whether the defendant has any sexually
5transmissible disease, including a test for infection with
6human immunodeficiency virus (HIV) or any other identified
7causative agent of acquired immunodeficiency syndrome (AIDS).
8Any such medical test shall be performed only by appropriately
9licensed medical practitioners and may include an analysis of
10any bodily fluids as well as an examination of the defendant's
11person. Except as otherwise provided by law, the results of
12such test shall be kept strictly confidential by all medical
13personnel involved in the testing and must be personally
14delivered in a sealed envelope to the judge of the court in
15which the conviction was entered for the judge's inspection in
16camera. Acting in accordance with the best interests of the
17victim and the public, the judge shall have the discretion to
18determine to whom, if anyone, the results of the testing may be
19revealed. The court shall notify the defendant of the test
20results. The court shall also notify the victim if requested by
21the victim, and if the victim is under the age of 15 and if
22requested by the victim's parents or legal guardian, the court
23shall notify the victim's parents or legal guardian of the test
24results. The court shall provide information on the
25availability of HIV testing and counseling at Department of
26Public Health facilities to all parties to whom the results of

 

 

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1the testing are revealed and shall direct the State's Attorney
2to provide the information to the victim when possible. A
3State's Attorney may petition the court to obtain the results
4of any HIV test administered under this Section, and the court
5shall grant the disclosure if the State's Attorney shows it is
6relevant in order to prosecute a charge of criminal
7transmission of HIV under Section 12-5.01 or 12-16.2 of the
8Criminal Code of 1961 or the Criminal Code of 2012 against the
9defendant. The court shall order that the cost of any such test
10shall be paid by the county and may be taxed as costs against
11the convicted defendant.
12    (g-5) When an inmate is tested for an airborne communicable
13disease, as determined by the Illinois Department of Public
14Health including but not limited to tuberculosis, the results
15of the test shall be personally delivered by the warden or his
16or her designee in a sealed envelope to the judge of the court
17in which the inmate must appear for the judge's inspection in
18camera if requested by the judge. Acting in accordance with the
19best interests of those in the courtroom, the judge shall have
20the discretion to determine what if any precautions need to be
21taken to prevent transmission of the disease in the courtroom.
22    (h) Whenever a defendant is convicted of an offense under
23Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
24defendant shall undergo medical testing to determine whether
25the defendant has been exposed to human immunodeficiency virus
26(HIV) or any other identified causative agent of acquired

 

 

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1immunodeficiency syndrome (AIDS). Except as otherwise provided
2by law, the results of such test shall be kept strictly
3confidential by all medical personnel involved in the testing
4and must be personally delivered in a sealed envelope to the
5judge of the court in which the conviction was entered for the
6judge's inspection in camera. Acting in accordance with the
7best interests of the public, the judge shall have the
8discretion to determine to whom, if anyone, the results of the
9testing may be revealed. The court shall notify the defendant
10of a positive test showing an infection with the human
11immunodeficiency virus (HIV). The court shall provide
12information on the availability of HIV testing and counseling
13at Department of Public Health facilities to all parties to
14whom the results of the testing are revealed and shall direct
15the State's Attorney to provide the information to the victim
16when possible. A State's Attorney may petition the court to
17obtain the results of any HIV test administered under this
18Section, and the court shall grant the disclosure if the
19State's Attorney shows it is relevant in order to prosecute a
20charge of criminal transmission of HIV under Section 12-5.01 or
2112-16.2 of the Criminal Code of 1961 or the Criminal Code of
222012 against the defendant. The court shall order that the cost
23of any such test shall be paid by the county and may be taxed as
24costs against the convicted defendant.
25    (i) All fines and penalties imposed under this Section for
26any violation of Chapters 3, 4, 6, and 11 of the Illinois

 

 

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1Vehicle Code, or a similar provision of a local ordinance, and
2any violation of the Child Passenger Protection Act, or a
3similar provision of a local ordinance, shall be collected and
4disbursed by the circuit clerk as provided under Section 27.5
5of the Clerks of Courts Act.
6    (j) In cases when prosecution for any violation of Section
711-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
811-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
911-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1011-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
12Code of 2012, any violation of the Illinois Controlled
13Substances Act, any violation of the Cannabis Control Act, or
14any violation of the Methamphetamine Control and Community
15Protection Act results in conviction, a disposition of court
16supervision, or an order of probation granted under Section 10
17of the Cannabis Control Act, Section 410 of the Illinois
18Controlled Substances Substance Act, or Section 70 of the
19Methamphetamine Control and Community Protection Act of a
20defendant, the court shall determine whether the defendant is
21employed by a facility or center as defined under the Child
22Care Act of 1969, a public or private elementary or secondary
23school, or otherwise works with children under 18 years of age
24on a daily basis. When a defendant is so employed, the court
25shall order the Clerk of the Court to send a copy of the
26judgment of conviction or order of supervision or probation to

 

 

HB5672- 48 -LRB098 18151 RLC 53280 b

1the defendant's employer by certified mail. If the employer of
2the defendant is a school, the Clerk of the Court shall direct
3the mailing of a copy of the judgment of conviction or order of
4supervision or probation to the appropriate regional
5superintendent of schools. The regional superintendent of
6schools shall notify the State Board of Education of any
7notification under this subsection.
8    (j-5) A defendant at least 17 years of age who is convicted
9of a felony and who has not been previously convicted of a
10misdemeanor or felony and who is sentenced to a term of
11imprisonment in the Illinois Department of Corrections shall as
12a condition of his or her sentence be required by the court to
13attend educational courses designed to prepare the defendant
14for a high school diploma and to work toward a high school
15diploma or to work toward passing the high school level Test of
16General Educational Development (GED) or to work toward
17completing a vocational training program offered by the
18Department of Corrections. If a defendant fails to complete the
19educational training required by his or her sentence during the
20term of incarceration, the Prisoner Review Board shall, as a
21condition of mandatory supervised release, require the
22defendant, at his or her own expense, to pursue a course of
23study toward a high school diploma or passage of the GED test.
24The Prisoner Review Board shall revoke the mandatory supervised
25release of a defendant who wilfully fails to comply with this
26subsection (j-5) upon his or her release from confinement in a

 

 

HB5672- 49 -LRB098 18151 RLC 53280 b

1penal institution while serving a mandatory supervised release
2term; however, the inability of the defendant after making a
3good faith effort to obtain financial aid or pay for the
4educational training shall not be deemed a wilful failure to
5comply. The Prisoner Review Board shall recommit the defendant
6whose mandatory supervised release term has been revoked under
7this subsection (j-5) as provided in Section 3-3-9. This
8subsection (j-5) does not apply to a defendant who has a high
9school diploma or has successfully passed the GED test. This
10subsection (j-5) does not apply to a defendant who is
11determined by the court to be developmentally disabled or
12otherwise mentally incapable of completing the educational or
13vocational program.
14    (k) (Blank).
15    (l) (A) Except as provided in paragraph (C) of subsection
16    (l), whenever a defendant, who is an alien as defined by
17    the Immigration and Nationality Act, is convicted of any
18    felony or misdemeanor offense, the court after sentencing
19    the defendant may, upon motion of the State's Attorney,
20    hold sentence in abeyance and remand the defendant to the
21    custody of the Attorney General of the United States or his
22    or her designated agent to be deported when:
23            (1) a final order of deportation has been issued
24        against the defendant pursuant to proceedings under
25        the Immigration and Nationality Act, and
26            (2) the deportation of the defendant would not

 

 

HB5672- 50 -LRB098 18151 RLC 53280 b

1        deprecate the seriousness of the defendant's conduct
2        and would not be inconsistent with the ends of justice.
3        Otherwise, the defendant shall be sentenced as
4    provided in this Chapter V.
5        (B) If the defendant has already been sentenced for a
6    felony or misdemeanor offense, or has been placed on
7    probation under Section 10 of the Cannabis Control Act,
8    Section 410 of the Illinois Controlled Substances Act, or
9    Section 70 of the Methamphetamine Control and Community
10    Protection Act, the court may, upon motion of the State's
11    Attorney to suspend the sentence imposed, commit the
12    defendant to the custody of the Attorney General of the
13    United States or his or her designated agent when:
14            (1) a final order of deportation has been issued
15        against the defendant pursuant to proceedings under
16        the Immigration and Nationality Act, and
17            (2) the deportation of the defendant would not
18        deprecate the seriousness of the defendant's conduct
19        and would not be inconsistent with the ends of justice.
20        (C) This subsection (l) does not apply to offenders who
21    are subject to the provisions of paragraph (2) of
22    subsection (a) of Section 3-6-3.
23        (D) Upon motion of the State's Attorney, if a defendant
24    sentenced under this Section returns to the jurisdiction of
25    the United States, the defendant shall be recommitted to
26    the custody of the county from which he or she was

 

 

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1    sentenced. Thereafter, the defendant shall be brought
2    before the sentencing court, which may impose any sentence
3    that was available under Section 5-5-3 at the time of
4    initial sentencing. In addition, the defendant shall not be
5    eligible for additional sentence credit for good conduct as
6    provided under Section 3-6-3.
7    (m) A person convicted of criminal defacement of property
8under Section 21-1.3 of the Criminal Code of 1961 or the
9Criminal Code of 2012, in which the property damage exceeds
10$300 and the property damaged is a school building, shall be
11ordered to perform community service that may include cleanup,
12removal, or painting over the defacement.
13    (n) The court may sentence a person convicted of a
14violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
15subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
16of 1961 or the Criminal Code of 2012 (i) to an impact
17incarceration program if the person is otherwise eligible for
18that program under Section 5-8-1.1, (ii) to community service,
19or (iii) if the person is an addict or alcoholic, as defined in
20the Alcoholism and Other Drug Abuse and Dependency Act, to a
21substance or alcohol abuse program licensed under that Act.
22    (o) Whenever a person is convicted of a sex offense as
23defined in Section 2 of the Sex Offender Registration Act, the
24defendant's driver's license or permit shall be subject to
25renewal on an annual basis in accordance with the provisions of
26license renewal established by the Secretary of State.

 

 

HB5672- 52 -LRB098 18151 RLC 53280 b

1(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
296-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
31, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
4eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
597-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff.
68-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
7eff. 1-25-13; revised 11-12-13.)
 
8    (730 ILCS 5/5-8-1.2)
9    Sec. 5-8-1.2. County impact incarceration.
10    (a) Legislative intent. It is the finding of the General
11Assembly that certain non-violent offenders eligible for
12sentences of incarceration may benefit from the rehabilitative
13aspects of a county impact incarceration program. It is the
14intent of the General Assembly that such programs be
15implemented as provided by this Section. This Section shall not
16be construed to allow violent offenders to participate in a
17county impact incarceration program.
18    (b) Under the direction of the Sheriff and with the
19approval of the County Board of Commissioners, the Sheriff, in
20any county with more than 3,000,000 inhabitants, may establish
21and operate a county impact incarceration program for eligible
22offenders. If the court finds under Section 5-4-1 that an
23offender convicted of a felony meets the eligibility
24requirements of the Sheriff's county impact incarceration
25program, the court may sentence the offender to the county

 

 

HB5672- 53 -LRB098 18151 RLC 53280 b

1impact incarceration program. The Sheriff shall be responsible
2for monitoring all offenders who are sentenced to the county
3impact incarceration program, including the mandatory period
4of monitored release following the 120 to 180 days of impact
5incarceration. Offenders assigned to the county impact
6incarceration program under an intergovernmental agreement
7between the county and the Illinois Department of Corrections
8are exempt from the provisions of this mandatory period of
9monitored release. In the event the offender is not accepted
10for placement in the county impact incarceration program, the
11court shall proceed to sentence the offender to any other
12disposition authorized by this Code. If the offender does not
13successfully complete the program, the offender's failure to do
14so shall constitute a violation of the sentence to the county
15impact incarceration program.
16    (c) In order to be eligible to be sentenced to a county
17impact incarceration program by the court, the person shall
18meet all of the following requirements:
19        (1) the person must be not less than 17 years of age
20    nor more than 35 years of age;
21        (2) The person has not previously participated in the
22    impact incarceration program and has not previously served
23    more than one prior sentence of imprisonment for a felony
24    in an adult correctional facility;
25        (3) The person has not been convicted of a Class X
26    felony, first or second degree murder, armed violence,

 

 

HB5672- 54 -LRB098 18151 RLC 53280 b

1    aggravated kidnapping, criminal sexual assault, aggravated
2    criminal sexual abuse or a subsequent conviction for
3    criminal sexual abuse, forcible detention, or arson,
4    unlawful use or possession of weapons by felons or persons
5    in the custody of the Department of Corrections facilities,
6    aggravated unlawful use of a weapon by a person who has
7    been previously convicted of a felony in this State or
8    another jurisdiction, or unlawful possession of a firearm
9    by a street gang member and has not been convicted
10    previously of any of those offenses.
11        (4) The person has been found in violation of probation
12    for an offense that is a Class 2, 3, or 4 felony that is not
13    a forcible felony as defined in Section 2-8 of the Criminal
14    Code of 2012 or a violent crime as defined in subsection
15    (c) of Section 3 of the Rights of Crime Victims and
16    Witnesses Act who otherwise could be sentenced to a term of
17    incarceration; or the person is convicted of an offense
18    that is a Class 2, 3, or 4 felony that is not a forcible
19    felony as defined in Section 2-8 of the Criminal Code of
20    2012 or a violent crime as defined in subsection (c) of
21    Section 3 of the Rights of Crime Victims and Witnesses Act
22    who has previously served a sentence of probation for any
23    felony offense and who otherwise could be sentenced to a
24    term of incarceration.
25        (5) The person must be physically able to participate
26    in strenuous physical activities or labor.

 

 

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1        (6) The person must not have any mental disorder or
2    disability that would prevent participation in a county
3    impact incarceration program.
4        (7) The person was recommended and approved for
5    placement in the county impact incarceration program by the
6    Sheriff and consented in writing to participation in the
7    county impact incarceration program and to the terms and
8    conditions of the program. The Sheriff may consider, among
9    other matters, whether the person has any outstanding
10    detainers or warrants, whether the person has a history of
11    escaping or absconding, whether participation in the
12    county impact incarceration program may pose a risk to the
13    safety or security of any person and whether space is
14    available.
15    (c) The county impact incarceration program shall include,
16among other matters, mandatory physical training and labor,
17military formation and drills, regimented activities,
18uniformity of dress and appearance, education and counseling,
19including drug counseling where appropriate.
20    (d) Privileges including visitation, commissary, receipt
21and retention of property and publications and access to
22television, radio, and a library may be suspended or
23restricted, notwithstanding provisions to the contrary in this
24Code.
25    (e) The Sheriff shall issue written rules and requirements
26for the program. Persons shall be informed of rules of behavior

 

 

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1and conduct. Persons participating in the county impact
2incarceration program shall adhere to all rules and all
3requirements of the program.
4    (f) Participation in the county impact incarceration
5program shall be for a period of 120 to 180 days followed by a
6mandatory term of monitored release for at least 8 months and
7no more than 12 months supervised by the Sheriff. The period of
8time a person shall serve in the impact incarceration program
9shall not be reduced by the accumulation of good time. The
10court may also sentence the person to a period of probation to
11commence at the successful completion of the county impact
12incarceration program.
13    (g) If the person successfully completes the county impact
14incarceration program, the Sheriff shall certify the person's
15successful completion of the program to the court and to the
16county's State's Attorney. Upon successful completion of the
17county impact incarceration program and mandatory term of
18monitored release and if there is an additional period of
19probation given, the person shall at that time begin his or her
20probationary sentence under the supervision of the Adult
21Probation Department.
22    (h) A person may be removed from the county impact
23incarceration program for a violation of the terms or
24conditions of the program or in the event he or she is for any
25reason unable to participate. The failure to complete the
26program for any reason, including the 8 to 12 month monitored

 

 

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1release period, shall be deemed a violation of the county
2impact incarceration sentence. The Sheriff shall give notice to
3the State's Attorney of the person's failure to complete the
4program. The Sheriff shall file a petition for violation of the
5county impact incarceration sentence with the court and the
6State's Attorney may proceed on the petition under Section
75-6-4 of this Code. The Sheriff shall promulgate rules and
8regulations governing conduct which could result in removal
9from the program or in a determination that the person has not
10successfully completed the program.
11    The mandatory conditions of every county impact
12incarceration sentence shall include that the person either
13while in the program or during the period of monitored release:
14        (1) not violate any criminal statute of any
15    jurisdiction;
16        (2) report or appear in person before any such person
17    or agency as directed by the court or the Sheriff;
18        (3) refrain from possessing a firearm or other
19    dangerous weapon;
20        (4) not leave the State without the consent of the
21    court or, in circumstances in which the reason for the
22    absence is of such an emergency nature that prior consent
23    by the court is not possible, without the prior
24    notification and approval of the Sheriff; and
25        (5) permit representatives of the Sheriff to visit at
26    the person's home or elsewhere to the extent necessary for

 

 

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1    the Sheriff to monitor compliance with the program. Persons
2    shall have access to such rules, which shall provide that a
3    person shall receive notice of any such violation.
4    (i) The Sheriff may terminate the county impact
5incarceration program at any time.
6    (j) The Sheriff shall report to the county board on or
7before September 30th of each year on the county impact
8incarceration program, including the composition of the
9program by the offenders, by county of commitment, sentence,
10age, offense, and race.
11(Source: P.A. 97-1150, eff. 1-25-13.)