Full Text of HB4351 100th General Assembly
HB4351 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4351 Introduced , by Rep. Jerry Lee Long SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-6-3 | from Ch. 38, par. 1003-6-3 | 730 ILCS 5/5-4-1 | from Ch. 38, par. 1005-4-1 |
|
Amends the Unified Code of Corrections. For offenses committed on or after the effective date of the amendatory Act, provides that a prisoner who is serving a sentence for predatory criminal sexual assault of a child, aggravated kidnapping or aggravated battery when the victim is a child under the age of 13 years or a person with a severe or profound intellectual disability, or a second or subsequent offense of luring of a minor shall receive no sentence
credit and shall serve the entire
sentence imposed by the court.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB4351 | | LRB100 16395 RLC 31523 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-6-3 and 5-4-1 as follows:
| 6 | | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 7 | | Sec. 3-6-3. Rules and regulations for sentence credit.
| 8 | | (a)(1) The Department of Corrections shall prescribe rules
| 9 | | and regulations for awarding and revoking sentence credit for | 10 | | persons committed to the Department which shall
be subject to | 11 | | review by the Prisoner Review Board.
| 12 | | (1.5) As otherwise provided by law, sentence credit may be | 13 | | awarded for the following: | 14 | | (A) successful completion of programming while in | 15 | | custody of the Department or while in custody prior to | 16 | | sentencing; | 17 | | (B) compliance with the rules and regulations of the | 18 | | Department; or | 19 | | (C) service to the institution, service to a community, | 20 | | or service to the State. | 21 | | (2) Except as provided in paragraph (4.7) of this | 22 | | subsection (a), the rules and regulations on sentence credit | 23 | | shall provide, with
respect to offenses listed in clause (i), |
| | | HB4351 | - 2 - | LRB100 16395 RLC 31523 b |
|
| 1 | | (ii), or (iii) of this paragraph (2) committed on or after June | 2 | | 19, 1998 or with respect to the offense listed in clause (iv) | 3 | | of this paragraph (2) committed on or after June 23, 2005 (the | 4 | | effective date of Public Act 94-71) or with
respect to offense | 5 | | listed in clause (vi)
committed on or after June 1, 2008 (the | 6 | | effective date of Public Act 95-625)
or with respect to the | 7 | | offense of being an armed habitual criminal committed on or | 8 | | after August 2, 2005 (the effective date of Public Act 94-398) | 9 | | or with respect to the offenses listed in clause (v) of this | 10 | | paragraph (2) committed on or after August 13, 2007 (the | 11 | | effective date of Public Act 95-134) or with respect to the | 12 | | offense of aggravated domestic battery committed on or after | 13 | | July 23, 2010 (the effective date of Public Act 96-1224) or | 14 | | with respect to the offense of attempt to commit terrorism | 15 | | committed on or after January 1, 2013 (the effective date of | 16 | | Public Act 97-990) or with respect to the offenses listed in | 17 | | clause (i-5) of this paragraph (2) committed on or after the | 18 | | effective date of this amendatory Act of the 100th General | 19 | | Assembly , the following:
| 20 | | (i) that a prisoner who is serving a term of | 21 | | imprisonment for first
degree murder or for the offense of | 22 | | terrorism shall receive no sentence
credit and shall serve | 23 | | the entire
sentence imposed by the court;
| 24 | | (i-5) that a prisoner who is serving a sentence for | 25 | | predatory criminal sexual assault of a child, aggravated | 26 | | kidnapping under subdivision (a)(2) of Section 10-2 of the |
| | | HB4351 | - 3 - | LRB100 16395 RLC 31523 b |
|
| 1 | | Criminal Code of 2012, a second or subsequent offense of | 2 | | luring of a minor, or aggravated battery under subdivision | 3 | | (b)(1) of Section 12-3.05 of the Criminal Code of 2012 | 4 | | shall receive no sentence
credit and shall serve the entire
| 5 | | sentence imposed by the court; | 6 | | (ii) that a prisoner serving a sentence for attempt to | 7 | | commit terrorism, attempt to commit first
degree murder, | 8 | | solicitation of murder, solicitation of murder for hire,
| 9 | | intentional homicide of an unborn child, predatory | 10 | | criminal sexual assault of a
child, aggravated criminal | 11 | | sexual assault, criminal sexual assault, aggravated
| 12 | | kidnapping, aggravated battery with a firearm as described | 13 | | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | 14 | | (e)(4) of Section 12-3.05, heinous battery as described in | 15 | | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | 16 | | being an armed habitual criminal, aggravated
battery of a | 17 | | senior citizen as described in Section 12-4.6 or | 18 | | subdivision (a)(4) of Section 12-3.05, or aggravated | 19 | | battery of a child as described in Section 12-4.3 or | 20 | | subdivision (b)(1) of Section 12-3.05 shall receive no
more | 21 | | than 4.5 days of sentence credit for each month of his or | 22 | | her sentence
of imprisonment;
| 23 | | (iii) that a prisoner serving a sentence
for home | 24 | | invasion, armed robbery, aggravated vehicular hijacking,
| 25 | | aggravated discharge of a firearm, or armed violence with a | 26 | | category I weapon
or category II weapon, when the court
has |
| | | HB4351 | - 4 - | LRB100 16395 RLC 31523 b |
|
| 1 | | made and entered a finding, pursuant to subsection (c-1) of | 2 | | Section 5-4-1
of this Code, that the conduct leading to | 3 | | conviction for the enumerated offense
resulted in great | 4 | | bodily harm to a victim, shall receive no more than 4.5 | 5 | | days
of sentence credit for each month of his or her | 6 | | sentence of imprisonment;
| 7 | | (iv) that a prisoner serving a sentence for aggravated | 8 | | discharge of a firearm, whether or not the conduct leading | 9 | | to conviction for the offense resulted in great bodily harm | 10 | | to the victim, shall receive no more than 4.5 days of | 11 | | sentence credit for each month of his or her sentence of | 12 | | imprisonment;
| 13 | | (v) that a person serving a sentence for gunrunning, | 14 | | narcotics racketeering, controlled substance trafficking, | 15 | | methamphetamine trafficking, drug-induced homicide, | 16 | | aggravated methamphetamine-related child endangerment, | 17 | | money laundering pursuant to clause (c) (4) or (5) of | 18 | | Section 29B-1 of the Criminal Code of 1961 or the Criminal | 19 | | Code of 2012, or a Class X felony conviction for delivery | 20 | | of a controlled substance, possession of a controlled | 21 | | substance with intent to manufacture or deliver, | 22 | | calculated criminal drug conspiracy, criminal drug | 23 | | conspiracy, street gang criminal drug conspiracy, | 24 | | participation in methamphetamine manufacturing, aggravated | 25 | | participation in methamphetamine manufacturing, delivery | 26 | | of methamphetamine, possession with intent to deliver |
| | | HB4351 | - 5 - | LRB100 16395 RLC 31523 b |
|
| 1 | | methamphetamine, aggravated delivery of methamphetamine, | 2 | | aggravated possession with intent to deliver | 3 | | methamphetamine, methamphetamine conspiracy when the | 4 | | substance containing the controlled substance or | 5 | | methamphetamine is 100 grams or more shall receive no more | 6 | | than 7.5 days sentence credit for each month of his or her | 7 | | sentence of imprisonment;
| 8 | | (vi)
that a prisoner serving a sentence for a second or | 9 | | subsequent offense of luring a minor shall receive no more | 10 | | than 4.5 days of sentence credit for each month of his or | 11 | | her sentence of imprisonment; and
| 12 | | (vii) that a prisoner serving a sentence for aggravated | 13 | | domestic battery shall receive no more than 4.5 days of | 14 | | sentence credit for each month of his or her sentence of | 15 | | imprisonment. | 16 | | (2.1) For all offenses, other than those enumerated in | 17 | | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 18 | | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | 19 | | June 23, 2005 (the effective date of Public Act 94-71) or | 20 | | subdivision (a)(2)(v) committed on or after August 13, 2007 | 21 | | (the effective date of Public Act 95-134)
or subdivision | 22 | | (a)(2)(vi) committed on or after June 1, 2008 (the effective | 23 | | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | 24 | | on or after July 23, 2010 (the effective date of Public Act | 25 | | 96-1224), and other than the offense of aggravated driving | 26 | | under the influence of alcohol, other drug or drugs, or
|
| | | HB4351 | - 6 - | LRB100 16395 RLC 31523 b |
|
| 1 | | intoxicating compound or compounds, or any combination thereof | 2 | | as defined in
subparagraph (F) of paragraph (1) of subsection | 3 | | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | 4 | | than the offense 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 (C) of paragraph (1) of subsection (d) of
Section | 8 | | 11-501 of the Illinois Vehicle Code committed on or after | 9 | | January 1, 2011 (the effective date of Public Act 96-1230),
the | 10 | | rules and regulations shall
provide that a prisoner who is | 11 | | serving a term of
imprisonment shall receive one day of | 12 | | sentence credit for each day of
his or her sentence of | 13 | | imprisonment or recommitment under Section 3-3-9.
Each day of | 14 | | sentence credit shall reduce by one day the prisoner's period
| 15 | | of imprisonment or recommitment under Section 3-3-9.
| 16 | | (2.2) A prisoner serving a term of natural life | 17 | | imprisonment or a
prisoner who has been sentenced to death | 18 | | shall receive no sentence
credit.
| 19 | | (2.3) Except as provided in paragraph (4.7) of this | 20 | | subsection (a), the rules and regulations on sentence credit | 21 | | shall provide that
a prisoner who is serving a sentence for | 22 | | aggravated driving under the influence of alcohol,
other drug | 23 | | or drugs, or intoxicating compound or compounds, or any | 24 | | combination
thereof as defined in subparagraph (F) of paragraph | 25 | | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | 26 | | Code, shall receive no more than 4.5
days of sentence credit |
| | | HB4351 | - 7 - | LRB100 16395 RLC 31523 b |
|
| 1 | | for each month of his or her sentence of
imprisonment.
| 2 | | (2.4) Except as provided in paragraph (4.7) of this | 3 | | subsection (a), the rules and regulations on sentence credit | 4 | | shall provide with
respect to the offenses of aggravated | 5 | | battery with a machine gun or a firearm
equipped with any | 6 | | device or attachment designed or used for silencing the
report | 7 | | of a firearm or aggravated discharge of a machine gun or a | 8 | | firearm
equipped with any device or attachment designed or used | 9 | | for silencing the
report of a firearm, committed on or after
| 10 | | July 15, 1999 (the effective date of Public Act 91-121),
that a | 11 | | prisoner serving a sentence for any of these offenses shall | 12 | | receive no
more than 4.5 days of sentence credit for each month | 13 | | of his or her sentence
of imprisonment.
| 14 | | (2.5) Except as provided in paragraph (4.7) of this | 15 | | subsection (a), the rules and regulations on sentence credit | 16 | | shall provide that a
prisoner who is serving a sentence for | 17 | | aggravated arson committed on or after
July 27, 2001 (the | 18 | | effective date of Public Act 92-176) shall receive no more than
| 19 | | 4.5 days of sentence credit for each month of his or her | 20 | | sentence of
imprisonment.
| 21 | | (2.6) Except as provided in paragraph (4.7) of this | 22 | | subsection (a), the rules and regulations on sentence credit | 23 | | shall 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 |
| | | HB4351 | - 8 - | LRB100 16395 RLC 31523 b |
|
| 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) Except as provided in paragraph (4.7) of this | 7 | | subsection (a), the rules and regulations shall also provide | 8 | | that
the Director may award up to 180 days of earned sentence
| 9 | | credit for good conduct in specific instances as the
Director | 10 | | deems proper. The good conduct may include, but is not limited | 11 | | to, compliance with the rules and regulations of the | 12 | | Department, service to the Department, service to a community, | 13 | | or service to the State.
| 14 | | Eligible inmates for an award of earned sentence credit | 15 | | under
this paragraph (3) may be selected to receive the credit | 16 | | at
the Director's or his or her designee's sole discretion.
| 17 | | Eligibility for the additional earned sentence credit under | 18 | | this paragraph (3) shall be based on, but is not limited to, | 19 | | the results of any available risk/needs assessment or other | 20 | | relevant assessments or evaluations administered by the | 21 | | Department using a validated instrument, the circumstances of | 22 | | the crime, any history of conviction for a forcible felony | 23 | | enumerated in Section 2-8 of the Criminal Code of 2012, the | 24 | | inmate's behavior and disciplinary history while incarcerated, | 25 | | and the inmate's commitment to rehabilitation, including | 26 | | participation in programming offered by the Department. |
| | | HB4351 | - 9 - | LRB100 16395 RLC 31523 b |
|
| 1 | | The Director shall not award sentence credit under this | 2 | | paragraph (3) to an inmate unless the inmate has served a | 3 | | minimum of 60 days of the sentence; except nothing in this | 4 | | paragraph shall be construed to permit the Director to extend | 5 | | an inmate's sentence beyond that which was imposed by the | 6 | | court. Prior to awarding credit under this paragraph (3), the | 7 | | Director shall make a written determination that the inmate: | 8 | | (A) is eligible for the earned sentence credit; | 9 | | (B) has served a minimum of 60 days, or as close to 60 | 10 | | days as the sentence will allow; | 11 | | (B-1) has received a risk/needs assessment or other | 12 | | relevant evaluation or assessment administered by the | 13 | | Department using a validated instrument; and | 14 | | (C) has met the eligibility criteria established under | 15 | | paragraph (4) of this subsection (a) and by rule for earned | 16 | | sentence credit. | 17 | | The Director shall determine the form and content of the | 18 | | written determination required in this subsection. | 19 | | (3.5) The Department shall provide annual written reports | 20 | | to the Governor and the General Assembly on the award of earned | 21 | | sentence credit no later than February 1 of each year. The | 22 | | Department must publish both reports on its website within 48 | 23 | | hours of transmitting the reports to the Governor and the | 24 | | General Assembly. The reports must include: | 25 | | (A) the number of inmates awarded earned sentence | 26 | | credit; |
| | | HB4351 | - 10 - | LRB100 16395 RLC 31523 b |
|
| 1 | | (B) the average amount of earned sentence credit | 2 | | awarded; | 3 | | (C) the holding offenses of inmates awarded earned | 4 | | sentence credit; and | 5 | | (D) the number of earned sentence credit revocations. | 6 | | (4) Except as provided in paragraph (4.7) of this | 7 | | subsection (a), the rules and regulations shall also provide | 8 | | that the sentence
credit accumulated and retained under | 9 | | paragraph (2.1) of subsection (a) of
this Section by any inmate | 10 | | during specific periods of time in which such
inmate is engaged | 11 | | full-time in substance abuse programs, correctional
industry | 12 | | assignments, educational programs, behavior modification | 13 | | programs, life skills courses, or re-entry planning provided by | 14 | | the Department
under this paragraph (4) and satisfactorily | 15 | | completes the assigned program as
determined by the standards | 16 | | of the Department, shall be multiplied by a factor
of 1.25 for | 17 | | program participation before August 11, 1993
and 1.50 for | 18 | | program participation on or after that date.
The rules and | 19 | | regulations shall also provide that sentence credit, subject to | 20 | | the same offense limits and multiplier provided in this | 21 | | paragraph, may be provided to an inmate who was held in | 22 | | pre-trial detention prior to his or her current commitment to | 23 | | the Department of Corrections and successfully completed a | 24 | | full-time, 60-day or longer substance abuse program, | 25 | | educational program, behavior modification program, life | 26 | | skills course, or re-entry planning provided by the county |
| | | HB4351 | - 11 - | LRB100 16395 RLC 31523 b |
|
| 1 | | department of corrections or county jail. Calculation of this | 2 | | county program credit shall be done at sentencing as provided | 3 | | in Section 5-4.5-100 of this Code and shall be included in the | 4 | | sentencing order. However, no inmate shall be eligible for the | 5 | | additional sentence credit
under this paragraph (4) or (4.1) of | 6 | | this subsection (a) while assigned to a boot camp
or electronic | 7 | | detention.
| 8 | | Educational, vocational, substance abuse, behavior | 9 | | modification programs, life skills courses, re-entry planning, | 10 | | and correctional
industry programs under which sentence credit | 11 | | may be increased under
this paragraph (4) and paragraph (4.1) | 12 | | of this subsection (a) shall be evaluated by the Department on | 13 | | the basis of
documented standards. The Department shall report | 14 | | the results of these
evaluations to the Governor and the | 15 | | General Assembly by September 30th of each
year. The reports | 16 | | shall include data relating to the recidivism rate among
| 17 | | program participants.
| 18 | | Availability of these programs shall be subject to the
| 19 | | limits of fiscal resources appropriated by the General Assembly | 20 | | for these
purposes. Eligible inmates who are denied immediate | 21 | | admission shall be
placed on a waiting list under criteria | 22 | | established by the Department.
The inability of any inmate to | 23 | | become engaged in any such programs
by reason of insufficient | 24 | | program resources or for any other reason
established under the | 25 | | rules and regulations of the Department shall not be
deemed a | 26 | | cause of action under which the Department or any employee or
|
| | | HB4351 | - 12 - | LRB100 16395 RLC 31523 b |
|
| 1 | | agent of the Department shall be liable for damages to the | 2 | | inmate.
| 3 | | (4.1) Except as provided in paragraph (4.7) of this | 4 | | subsection (a), the rules and regulations shall also provide | 5 | | that an additional 90 days of sentence credit shall be awarded | 6 | | to any prisoner who passes high school equivalency testing | 7 | | while the prisoner is committed to the Department of | 8 | | Corrections. The sentence credit awarded under this paragraph | 9 | | (4.1) shall be in addition to, and shall not affect, the award | 10 | | of sentence credit under any other paragraph of this Section, | 11 | | but shall also be pursuant to the guidelines and restrictions | 12 | | set 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 high school equivalency | 16 | | certificate. If, after an award of the high school equivalency | 17 | | testing sentence credit has been made, the Department | 18 | | determines that the prisoner was not eligible, then the award | 19 | | shall be revoked.
The Department may also award 90 days of | 20 | | sentence credit to any committed person who passed high school | 21 | | equivalency testing while he or she was held in pre-trial | 22 | | detention prior to the current commitment to the Department of | 23 | | Corrections. | 24 | | (4.5) The rules and regulations on sentence credit shall | 25 | | also provide that
when the court's sentencing order recommends | 26 | | a prisoner for substance abuse treatment and the
crime was |
| | | HB4351 | - 13 - | LRB100 16395 RLC 31523 b |
|
| 1 | | committed on or after September 1, 2003 (the effective date of
| 2 | | Public Act 93-354), the prisoner shall receive no sentence | 3 | | credit awarded under clause (3) of this subsection (a) unless | 4 | | he or she participates in and
completes a substance abuse | 5 | | treatment program. The Director may waive the requirement to | 6 | | participate in or complete a substance abuse treatment program | 7 | | in specific instances if the prisoner is not a good candidate | 8 | | for a substance abuse treatment program for medical, | 9 | | programming, or operational reasons. Availability of
substance | 10 | | abuse treatment shall be subject to the limits of fiscal | 11 | | resources
appropriated by the General Assembly for these | 12 | | purposes. If treatment is not
available and the requirement to | 13 | | participate and complete the treatment has not been waived by | 14 | | the Director, the prisoner shall be placed on a waiting list | 15 | | under criteria
established by the Department. The Director may | 16 | | allow a prisoner placed on
a waiting list to participate in and | 17 | | complete a substance abuse education class or attend substance
| 18 | | abuse self-help meetings in lieu of a substance abuse treatment | 19 | | program. A prisoner on a waiting list who is not placed in a | 20 | | substance abuse program prior to release may be eligible for a | 21 | | waiver and receive sentence credit under clause (3) of this | 22 | | subsection (a) at the discretion of the Director.
| 23 | | (4.6) The rules and regulations on sentence credit shall | 24 | | also provide that a prisoner who has been convicted of a sex | 25 | | offense as defined in Section 2 of the Sex Offender | 26 | | Registration Act shall receive no sentence credit unless he or |
| | | HB4351 | - 14 - | LRB100 16395 RLC 31523 b |
|
| 1 | | she either has successfully completed or is participating in | 2 | | sex offender treatment as defined by the Sex Offender | 3 | | Management Board. However, prisoners who are waiting to receive | 4 | | treatment, but who are unable to do so due solely to the lack | 5 | | of resources on the part of the Department, may, at the | 6 | | Director's sole discretion, be awarded sentence credit at a | 7 | | rate as the Director shall determine. | 8 | | (4.7) On or after the effective date of this amendatory Act | 9 | | of the 100th General Assembly, sentence credit under paragraph | 10 | | (3), (4), or (4.1) of this subsection (a) may be awarded to a | 11 | | prisoner who is serving a sentence for an offense described in | 12 | | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | 13 | | on or after the effective date of this amendatory Act of the | 14 | | 100th General Assembly; provided, the award of the credits | 15 | | under this paragraph (4.7) shall not reduce the sentence of the | 16 | | prisoner to less than the following amounts: | 17 | | (i) 85% of his or her sentence if the prisoner is | 18 | | required to serve 85% of his or her sentence; or | 19 | | (ii) 60% of his or her sentence if the prisoner is | 20 | | required to serve 75% of his or her sentence, except if the | 21 | | prisoner is serving a sentence for gunrunning his or her | 22 | | sentence shall not be reduced to less than 75%. | 23 | | This paragraph (4.7) shall not apply to a prisoner serving | 24 | | a sentence for an offense described in subparagraph (i) of | 25 | | paragraph (2) of this subsection (a). | 26 | | (5) Whenever the Department is to release any inmate |
| | | HB4351 | - 15 - | LRB100 16395 RLC 31523 b |
|
| 1 | | earlier than it
otherwise would because of a grant of earned | 2 | | sentence credit under paragraph (3) of subsection (a) of this | 3 | | Section given at any time during the term, the Department shall | 4 | | give
reasonable notice of the impending release not less than | 5 | | 14 days prior to the date of the release to the State's
| 6 | | Attorney of the county where the prosecution of the inmate took | 7 | | place, and if applicable, the State's Attorney of the county | 8 | | into which the inmate will be released. The Department must | 9 | | also make identification information and a recent photo of the | 10 | | inmate being released accessible on the Internet by means of a | 11 | | hyperlink labeled "Community Notification of Inmate Early | 12 | | Release" on the Department's World Wide Web homepage.
The | 13 | | identification information shall include the inmate's: name, | 14 | | any known alias, date of birth, physical characteristics, | 15 | | commitment offense and county where conviction was imposed. The | 16 | | identification information shall be placed on the website | 17 | | within 3 days of the inmate's release and the information may | 18 | | not be removed until either: completion of the first year of | 19 | | mandatory supervised release or return of the inmate to custody | 20 | | of the Department.
| 21 | | (b) Whenever a person is or has been committed under
| 22 | | several convictions, with separate sentences, the sentences
| 23 | | shall be construed under Section 5-8-4 in granting and
| 24 | | forfeiting of sentence credit.
| 25 | | (c) The Department shall prescribe rules and regulations
| 26 | | for revoking sentence credit, including revoking sentence |
| | | HB4351 | - 16 - | LRB100 16395 RLC 31523 b |
|
| 1 | | credit awarded under paragraph (3) of subsection (a) of this | 2 | | Section. The Department shall prescribe rules and regulations | 3 | | for suspending or reducing
the rate of accumulation of sentence | 4 | | credit for specific
rule violations, during imprisonment. | 5 | | These rules and regulations
shall provide that no inmate may be | 6 | | penalized more than one
year of sentence credit for any one | 7 | | infraction.
| 8 | | When the Department seeks to revoke, suspend or reduce
the | 9 | | rate of accumulation of any sentence credits for
an alleged | 10 | | infraction of its rules, it shall bring charges
therefor | 11 | | against the prisoner sought to be so deprived of
sentence | 12 | | credits before the Prisoner Review Board as
provided in | 13 | | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 14 | | amount of credit at issue exceeds 30 days or
when during any 12 | 15 | | month period, the cumulative amount of
credit revoked exceeds | 16 | | 30 days except where the infraction is committed
or discovered | 17 | | within 60 days of scheduled release. In those cases,
the | 18 | | Department of Corrections may revoke up to 30 days of sentence | 19 | | credit.
The Board may subsequently approve the revocation of | 20 | | additional sentence credit, if the Department seeks to revoke | 21 | | sentence credit in
excess of 30 days. However, the Board shall | 22 | | not be empowered to review the
Department's decision with | 23 | | respect to the loss of 30 days of sentence
credit within any | 24 | | calendar year for any prisoner or to increase any penalty
| 25 | | beyond the length requested by the Department.
| 26 | | The Director of the Department of Corrections, in |
| | | HB4351 | - 17 - | LRB100 16395 RLC 31523 b |
|
| 1 | | appropriate cases, may
restore up to 30 days of sentence | 2 | | credits which have been revoked, suspended
or reduced. Any | 3 | | restoration of sentence credits in excess of 30 days shall
be | 4 | | subject to review by the Prisoner Review Board. However, the | 5 | | Board may not
restore sentence credit in excess of the amount | 6 | | requested by the Director.
| 7 | | Nothing contained in this Section shall prohibit the | 8 | | Prisoner Review Board
from ordering, pursuant to Section | 9 | | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 10 | | sentence imposed by the court that was not served due to the
| 11 | | accumulation of sentence credit.
| 12 | | (d) If a lawsuit is filed by a prisoner in an Illinois or | 13 | | federal court
against the State, the Department of Corrections, | 14 | | or the Prisoner Review Board,
or against any of
their officers | 15 | | or employees, and the court makes a specific finding that a
| 16 | | pleading, motion, or other paper filed by the prisoner is | 17 | | frivolous, the
Department of Corrections shall conduct a | 18 | | hearing to revoke up to
180 days of sentence credit by bringing | 19 | | charges against the prisoner
sought to be deprived of the | 20 | | sentence credits before the Prisoner Review
Board as provided | 21 | | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | 22 | | prisoner has not accumulated 180 days of sentence credit at the
| 23 | | time of the finding, then the Prisoner Review Board may revoke | 24 | | all
sentence credit accumulated by the prisoner.
| 25 | | For purposes of this subsection (d):
| 26 | | (1) "Frivolous" means that a pleading, motion, or other |
| | | HB4351 | - 18 - | LRB100 16395 RLC 31523 b |
|
| 1 | | filing which
purports to be a legal document filed by a | 2 | | prisoner in his or her lawsuit meets
any or all of the | 3 | | following criteria:
| 4 | | (A) it lacks an arguable basis either in law or in | 5 | | fact;
| 6 | | (B) it is being presented for any improper purpose, | 7 | | such as to harass or
to cause unnecessary delay or | 8 | | needless increase in the cost of litigation;
| 9 | | (C) the claims, defenses, and other legal | 10 | | contentions therein are not
warranted by existing law | 11 | | or by a nonfrivolous argument for the extension,
| 12 | | modification, or reversal of existing law or the | 13 | | establishment of new law;
| 14 | | (D) the allegations and other factual contentions | 15 | | do not have
evidentiary
support or, if specifically so | 16 | | identified, are not likely to have evidentiary
support | 17 | | after a reasonable opportunity for further | 18 | | investigation or discovery;
or
| 19 | | (E) the denials of factual contentions are not | 20 | | warranted on the
evidence, or if specifically so | 21 | | identified, are not reasonably based on a lack
of | 22 | | information or belief.
| 23 | | (2) "Lawsuit" means a motion pursuant to Section
116-3 | 24 | | of the Code of Criminal Procedure of 1963, a habeas corpus | 25 | | action under
Article X of the Code of Civil Procedure or | 26 | | under federal law (28 U.S.C. 2254),
a petition for claim |
| | | HB4351 | - 19 - | LRB100 16395 RLC 31523 b |
|
| 1 | | under the Court of Claims Act, an action under the
federal | 2 | | Civil Rights Act (42 U.S.C. 1983), or a second or | 3 | | subsequent petition for post-conviction relief under | 4 | | Article 122 of the Code of Criminal Procedure of 1963 | 5 | | whether filed with or without leave of court or a second or | 6 | | subsequent petition for relief from judgment under Section | 7 | | 2-1401 of the Code of Civil Procedure.
| 8 | | (e) Nothing in Public Act 90-592 or 90-593 affects the | 9 | | validity of Public Act 89-404.
| 10 | | (f) Whenever the Department is to release any inmate who | 11 | | has been convicted of a violation of an order of protection | 12 | | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 13 | | the Criminal Code of 2012, earlier than it
otherwise would | 14 | | because of a grant of sentence credit, the Department, as a | 15 | | condition of release, shall require that the person, upon | 16 | | release, be placed under electronic surveillance as provided in | 17 | | Section 5-8A-7 of this Code. | 18 | | (Source: P.A. 99-241, eff. 1-1-16; 99-275, eff. 1-1-16; 99-642, | 19 | | eff. 7-28-16; 99-938, eff. 1-1-18; 100-3, eff. 1-1-18 .)
| 20 | | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| 21 | | Sec. 5-4-1. Sentencing hearing.
| 22 | | (a) Except when the death penalty is
sought under hearing | 23 | | procedures otherwise specified, after a
determination of | 24 | | guilt, a hearing shall be held to impose the sentence.
However, | 25 | | prior to the imposition of sentence on an individual being
|
| | | HB4351 | - 20 - | LRB100 16395 RLC 31523 b |
|
| 1 | | sentenced for an offense based upon a charge for a violation of | 2 | | Section
11-501 of the Illinois Vehicle Code or a similar | 3 | | provision of a local
ordinance, the individual must undergo a | 4 | | professional evaluation to
determine if an alcohol or other | 5 | | drug abuse problem exists and the extent
of such a problem. | 6 | | Programs conducting these evaluations shall be
licensed by the | 7 | | Department of Human Services. However, if the individual is
not | 8 | | a resident of Illinois, the court
may, in its discretion, | 9 | | accept an evaluation from a program in the state of
such | 10 | | individual's residence. The court may in its sentencing order | 11 | | approve an
eligible defendant for placement in a Department of | 12 | | Corrections impact
incarceration program as provided in | 13 | | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | 14 | | order recommend a defendant for placement in a Department of | 15 | | Corrections substance abuse treatment program as provided in | 16 | | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | 17 | | upon the defendant being accepted in a program by the | 18 | | Department of Corrections. At the
hearing the court
shall:
| 19 | | (1) consider the evidence, if any, received upon the | 20 | | trial;
| 21 | | (2) consider any presentence reports;
| 22 | | (3) consider the financial impact of incarceration | 23 | | based on the
financial impact statement filed with the | 24 | | clerk of the court by the
Department of Corrections;
| 25 | | (4) consider evidence and information offered by the | 26 | | parties in
aggravation and mitigation; |
| | | HB4351 | - 21 - | LRB100 16395 RLC 31523 b |
|
| 1 | | (4.5) consider substance abuse treatment, eligibility | 2 | | screening, and an assessment, if any, of the defendant by | 3 | | an agent designated by the State of Illinois to provide | 4 | | assessment services for the Illinois courts;
| 5 | | (5) hear arguments as to sentencing alternatives;
| 6 | | (6) afford the defendant the opportunity to make a | 7 | | statement in his
own behalf;
| 8 | | (7) afford the victim of a violent crime or a violation | 9 | | of Section
11-501 of the Illinois Vehicle Code, or a | 10 | | similar provision of a local
ordinance, or a qualified | 11 | | individual affected by: (i) a violation of Section
405, | 12 | | 405.1, 405.2, or 407 of the Illinois Controlled Substances | 13 | | Act or a violation of Section 55 or Section 65 of the | 14 | | Methamphetamine Control and Community Protection Act,
or | 15 | | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | 16 | | except as described in subdivisions (a)(2)(A) and | 17 | | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012,
| 19 | | committed by the defendant the opportunity to make a | 20 | | statement
concerning the impact on the victim and to offer | 21 | | evidence in aggravation or
mitigation; provided that the | 22 | | statement and evidence offered in aggravation
or | 23 | | mitigation must first be prepared in writing in conjunction | 24 | | with the
State's Attorney before it may be presented orally | 25 | | at the hearing. Any
sworn testimony offered by the victim | 26 | | is subject to the defendant's right
to cross-examine. All |
| | | HB4351 | - 22 - | LRB100 16395 RLC 31523 b |
|
| 1 | | statements and evidence offered under this paragraph
(7) | 2 | | shall become part of the record of the court. For the | 3 | | purpose of this
paragraph (7), "qualified individual" | 4 | | means any person who (i) lived or worked
within the | 5 | | territorial jurisdiction where the offense took place when | 6 | | the
offense took place;
and (ii) is familiar with various | 7 | | public places within the territorial
jurisdiction where
| 8 | | the offense took place when the offense took place. For the | 9 | | purposes of
this paragraph (7), "qualified individual" | 10 | | includes any peace officer,
or any member of any duly | 11 | | organized State, county, or municipal peace unit
assigned | 12 | | to the territorial jurisdiction where the offense took | 13 | | place when the
offense took
place;
| 14 | | (8) in cases of reckless homicide afford the victim's | 15 | | spouse,
guardians, parents or other immediate family | 16 | | members an opportunity to make
oral statements;
| 17 | | (9) in cases involving a felony sex offense as defined | 18 | | under the Sex
Offender
Management Board Act, consider the | 19 | | results of the sex offender evaluation
conducted pursuant | 20 | | to Section 5-3-2 of this Act; and
| 21 | | (10) make a finding of whether a motor vehicle was used | 22 | | in the commission of the offense for which the defendant is | 23 | | being sentenced. | 24 | | (b) All sentences shall be imposed by the judge based upon | 25 | | his
independent assessment of the elements specified above and | 26 | | any agreement
as to sentence reached by the parties. The judge |
| | | HB4351 | - 23 - | LRB100 16395 RLC 31523 b |
|
| 1 | | who presided at the
trial or the judge who accepted the plea of | 2 | | guilty shall impose the
sentence unless he is no longer sitting | 3 | | as a judge in that court. Where
the judge does not impose | 4 | | sentence at the same time on all defendants
who are convicted | 5 | | as a result of being involved in the same offense, the
| 6 | | defendant or the State's Attorney may advise the sentencing | 7 | | court of the
disposition of any other defendants who have been | 8 | | sentenced.
| 9 | | (b-1) In imposing a sentence of imprisonment or periodic | 10 | | imprisonment for a Class 3 or Class 4 felony for which a | 11 | | sentence of probation or conditional discharge is an available | 12 | | sentence, if the defendant has no prior sentence of probation | 13 | | or conditional discharge and no prior conviction for a violent | 14 | | crime, the defendant shall not be sentenced to imprisonment | 15 | | before review and consideration of a presentence report and | 16 | | determination and explanation of why the particular evidence, | 17 | | information, factor in aggravation, factual finding, or other | 18 | | reasons support a sentencing determination that one or more of | 19 | | the factors under subsection (a) of Section 5-6-1 of this Code | 20 | | apply and that probation or conditional discharge is not an | 21 | | appropriate sentence. | 22 | | (c) In imposing a sentence for a violent crime or for an | 23 | | offense of
operating or being in physical control of a vehicle | 24 | | while under the
influence of alcohol, any other drug or any | 25 | | combination thereof, or a
similar provision of a local | 26 | | ordinance, when such offense resulted in the
personal injury to |
| | | HB4351 | - 24 - | LRB100 16395 RLC 31523 b |
|
| 1 | | someone other than the defendant, the trial judge shall
specify | 2 | | on the record the particular evidence, information, factors in
| 3 | | mitigation and aggravation or other reasons that led to his | 4 | | sentencing
determination. The full verbatim record of the | 5 | | sentencing hearing shall be
filed with the clerk of the court | 6 | | and shall be a public record.
| 7 | | (c-1) In imposing a sentence for the offense of aggravated | 8 | | kidnapping for
ransom, home invasion, armed robbery, | 9 | | aggravated vehicular hijacking,
aggravated discharge of a | 10 | | firearm, or armed violence with a category I weapon
or category | 11 | | II weapon,
the trial judge shall make a finding as to whether | 12 | | the conduct leading to
conviction for the offense resulted in | 13 | | great bodily harm to a victim, and
shall enter that finding and | 14 | | the basis for that finding in the record.
| 15 | | (c-2) If the defendant is sentenced to prison, other than | 16 | | when a sentence of
natural life imprisonment or a sentence of | 17 | | death is imposed, at the time
the sentence is imposed the judge | 18 | | shall
state on the record in open court the approximate period | 19 | | of time the defendant
will serve in custody according to the | 20 | | then current statutory rules and
regulations for sentence | 21 | | credit found in Section 3-6-3 and other related
provisions of | 22 | | this Code. This statement is intended solely to inform the
| 23 | | public, has no legal effect on the defendant's actual release, | 24 | | and may not be
relied on by the defendant on appeal.
| 25 | | The judge's statement, to be given after pronouncing the | 26 | | sentence, other than
when the sentence is imposed for one of |
| | | HB4351 | - 25 - | LRB100 16395 RLC 31523 b |
|
| 1 | | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | 2 | | shall include the following:
| 3 | | "The purpose of this statement is to inform the public of | 4 | | the actual period
of time this defendant is likely to spend in | 5 | | prison as a result of this
sentence. The actual period of | 6 | | prison time served is determined by the
statutes of Illinois as | 7 | | applied to this sentence by the Illinois Department of
| 8 | | Corrections and
the Illinois Prisoner Review Board. In this | 9 | | case, assuming the defendant
receives all of his or her | 10 | | sentence credit, the period of estimated actual
custody is ... | 11 | | years and ... months, less up to 180 days additional earned | 12 | | sentence credit. If the defendant, because of his or
her own | 13 | | misconduct or failure to comply with the institutional | 14 | | regulations,
does not receive those credits, the actual time | 15 | | served in prison will be
longer. The defendant may also receive | 16 | | an additional one-half day sentence
credit for each day of | 17 | | participation in vocational, industry, substance abuse,
and | 18 | | educational programs as provided for by Illinois statute."
| 19 | | When the sentence is imposed for one of the offenses | 20 | | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | 21 | | first degree murder, and the offense was
committed on or after | 22 | | June 19, 1998, and when the sentence is imposed for
reckless | 23 | | homicide as defined in subsection (e) of Section 9-3 of the | 24 | | Criminal
Code of 1961 or the Criminal Code of 2012 if the | 25 | | offense was committed on or after January 1, 1999,
and when the | 26 | | sentence is imposed for aggravated driving under the influence
|
| | | HB4351 | - 26 - | LRB100 16395 RLC 31523 b |
|
| 1 | | of alcohol, other drug or drugs, or intoxicating compound or | 2 | | compounds, or
any combination thereof as defined in | 3 | | subparagraph (F) of paragraph (1) of
subsection (d) of Section | 4 | | 11-501 of the Illinois Vehicle Code, and when
the sentence is | 5 | | imposed for aggravated arson if the offense was committed
on or | 6 | | after July 27, 2001 (the effective date of Public Act 92-176), | 7 | | and when
the sentence is imposed for aggravated driving under | 8 | | the influence of alcohol,
other drug or drugs, or intoxicating | 9 | | compound or compounds, or any combination
thereof as defined in | 10 | | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 11 | | 11-501 of the Illinois Vehicle Code committed on or after | 12 | | January 1, 2011 (the effective date of Public Act 96-1230), the | 13 | | judge's
statement, to be given after pronouncing the sentence, | 14 | | shall include the
following:
| 15 | | "The purpose of this statement is to inform the public of | 16 | | the actual period
of time this defendant is likely to spend in | 17 | | prison as a result of this
sentence. The actual period of | 18 | | prison time served is determined by the
statutes of Illinois as | 19 | | applied to this sentence by the Illinois Department of
| 20 | | Corrections and
the Illinois Prisoner Review Board. In this | 21 | | case,
the defendant is entitled to no more than 4 1/2 days of | 22 | | sentence credit for
each month of his or her sentence of | 23 | | imprisonment. Therefore, this defendant
will serve at least 85% | 24 | | of his or her sentence. Assuming the defendant
receives 4 1/2 | 25 | | days credit for each month of his or her sentence, the period
| 26 | | of estimated actual custody is ... years and ... months. If the |
| | | HB4351 | - 27 - | LRB100 16395 RLC 31523 b |
|
| 1 | | defendant,
because of his or her own misconduct or failure to | 2 | | comply with the
institutional regulations receives lesser | 3 | | credit, the actual time served in
prison will be longer."
| 4 | | When a sentence of imprisonment is imposed for first degree | 5 | | murder and
the offense was committed on or after June 19, 1998, | 6 | | the judge's statement,
to be given after pronouncing the | 7 | | sentence, shall include the following:
| 8 | | "The purpose of this statement is to inform the public of | 9 | | the actual period
of time this defendant is likely to spend in | 10 | | prison as a result of this
sentence. The actual period of | 11 | | prison time served is determined by the
statutes of Illinois as | 12 | | applied to this sentence by the Illinois Department
of | 13 | | Corrections and the Illinois Prisoner Review Board. In this | 14 | | case, the
defendant is not entitled to sentence credit. | 15 | | Therefore, this defendant
will serve 100% of his or her | 16 | | sentence."
| 17 | | When a sentence of imprisonment is imposed for predatory | 18 | | criminal sexual assault of a child, aggravated kidnapping under | 19 | | subdivision (a)(2) of Section 10-2 of the Criminal Code of | 20 | | 2012, a second or subsequent offense of luring of a minor, or | 21 | | aggravated battery under subdivision (b)(1) of Section 12-3.05 | 22 | | of the Criminal Code of 2012 and
the offense was committed on | 23 | | or after the effective date of this amendatory Act of the 100th | 24 | | General Assembly, the judge's statement,
to be given after | 25 | | pronouncing the sentence, shall include the following: | 26 | | "The purpose of this statement is to inform the public of |
| | | HB4351 | - 28 - | LRB100 16395 RLC 31523 b |
|
| 1 | | the actual period
of time this defendant is likely to spend in | 2 | | prison as a result of this
sentence. The actual period of | 3 | | prison time served is determined by the
statutes of Illinois as | 4 | | applied to this sentence by the Illinois Department
of | 5 | | Corrections and the Illinois Prisoner Review Board. In this | 6 | | case, the
defendant is not entitled to sentence credit. | 7 | | Therefore, this defendant
will serve 100% of his or her | 8 | | sentence." | 9 | | When the sentencing order recommends placement in a | 10 | | substance abuse program for any offense that results in | 11 | | incarceration
in a Department of Corrections facility and the | 12 | | crime was
committed on or after September 1, 2003 (the | 13 | | effective date of Public Act
93-354), the judge's
statement, in | 14 | | addition to any other judge's statement required under this
| 15 | | Section, to be given after pronouncing the sentence, shall | 16 | | include the
following:
| 17 | | "The purpose of this statement is to inform the public of
| 18 | | the actual period of time this defendant is likely to spend in
| 19 | | prison as a result of this sentence. The actual period of
| 20 | | prison time served is determined by the statutes of Illinois as
| 21 | | applied to this sentence by the Illinois Department of
| 22 | | Corrections and the Illinois Prisoner Review Board. In this
| 23 | | case, the defendant shall receive no earned sentence credit | 24 | | under clause (3) of subsection (a) of Section 3-6-3 until he or
| 25 | | she participates in and completes a substance abuse treatment | 26 | | program or receives a waiver from the Director of Corrections |
| | | HB4351 | - 29 - | LRB100 16395 RLC 31523 b |
|
| 1 | | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| 2 | | (c-4) Before the sentencing hearing and as part of the | 3 | | presentence investigation under Section 5-3-1, the court shall | 4 | | inquire of the defendant whether the defendant is currently | 5 | | serving in or is a veteran of the Armed Forces of the United | 6 | | States.
If the defendant is currently serving in the Armed | 7 | | Forces of the United States or is a veteran of the Armed Forces | 8 | | of the United States and has been diagnosed as having a mental | 9 | | illness by a qualified psychiatrist or clinical psychologist or | 10 | | physician, the court may: | 11 | | (1) order that the officer preparing the presentence | 12 | | report consult with the United States Department of | 13 | | Veterans Affairs, Illinois Department of Veterans' | 14 | | Affairs, or another agency or person with suitable | 15 | | knowledge or experience for the purpose of providing the | 16 | | court with information regarding treatment options | 17 | | available to the defendant, including federal, State, and | 18 | | local programming; and | 19 | | (2) consider the treatment recommendations of any | 20 | | diagnosing or treating mental health professionals | 21 | | together with the treatment options available to the | 22 | | defendant in imposing sentence. | 23 | | For the purposes of this subsection (c-4), "qualified | 24 | | psychiatrist" means a reputable physician licensed in Illinois | 25 | | to practice medicine in all its branches, who has specialized | 26 | | in the diagnosis and treatment of mental and nervous disorders |
| | | HB4351 | - 30 - | LRB100 16395 RLC 31523 b |
|
| 1 | | for a period of not less than 5 years. | 2 | | (c-6) In imposing a sentence, the trial judge shall | 3 | | specify, on the record, the particular evidence and other | 4 | | reasons which led to his or her determination that a motor | 5 | | vehicle was used in the commission of the offense. | 6 | | (d) When the defendant is committed to the Department of
| 7 | | Corrections, the State's Attorney shall and counsel for the | 8 | | defendant
may file a statement with the clerk of the court to | 9 | | be transmitted to
the department, agency or institution to | 10 | | which the defendant is
committed to furnish such department, | 11 | | agency or institution with the
facts and circumstances of the | 12 | | offense for which the person was
committed together with all | 13 | | other factual information accessible to them
in regard to the | 14 | | person prior to his commitment relative to his habits,
| 15 | | associates, disposition and reputation and any other facts and
| 16 | | circumstances which may aid such department, agency or | 17 | | institution
during its custody of such person. The clerk shall | 18 | | within 10 days after
receiving any such statements transmit a | 19 | | copy to such department, agency
or institution and a copy to | 20 | | the other party, provided, however, that
this shall not be | 21 | | cause for delay in conveying the person to the
department, | 22 | | agency or institution to which he has been committed.
| 23 | | (e) The clerk of the court shall transmit to the | 24 | | department,
agency or institution, if any, to which the | 25 | | defendant is committed, the
following:
| 26 | | (1) the sentence imposed;
|
| | | HB4351 | - 31 - | LRB100 16395 RLC 31523 b |
|
| 1 | | (2) any statement by the court of the basis for | 2 | | imposing the sentence;
| 3 | | (3) any presentence reports;
| 4 | | (3.5) any sex offender evaluations;
| 5 | | (3.6) any substance abuse treatment eligibility | 6 | | screening and assessment of the defendant by an agent | 7 | | designated by the State of Illinois to provide assessment | 8 | | services for the Illinois courts;
| 9 | | (4) the number of days, if any, which the defendant has | 10 | | been in
custody and for which he is entitled to credit | 11 | | against the sentence,
which information shall be provided | 12 | | to the clerk by the sheriff;
| 13 | | (4.1) any finding of great bodily harm made by the | 14 | | court with respect
to an offense enumerated in subsection | 15 | | (c-1);
| 16 | | (5) all statements filed under subsection (d) of this | 17 | | Section;
| 18 | | (6) any medical or mental health records or summaries | 19 | | of the defendant;
| 20 | | (7) the municipality where the arrest of the offender | 21 | | or the commission
of the offense has occurred, where such | 22 | | municipality has a population of
more than 25,000 persons;
| 23 | | (8) all statements made and evidence offered under | 24 | | paragraph (7) of
subsection (a) of this Section; and
| 25 | | (9) all additional matters which the court directs the | 26 | | clerk to
transmit.
|
| | | HB4351 | - 32 - | LRB100 16395 RLC 31523 b |
|
| 1 | | (f) In cases in which the court finds that a motor vehicle | 2 | | was used in the commission of the offense for which the | 3 | | defendant is being sentenced, the clerk of the court shall, | 4 | | within 5 days thereafter, forward a report of such conviction | 5 | | to the Secretary of State. | 6 | | (Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18 .)
|
|