(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a
sentence of imprisonment for a felony shall be a determinate sentence set by
the court under this Section, subject to Section 5-4.5-115 of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable |
| doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subparagraph (b-5) are present, the court may sentence the defendant, subject to Section 5-4.5-105, to a term of natural life imprisonment, or
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(b-5) A defendant who at the time of the
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| commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be sentenced to a term of natural life imprisonment if:
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(1) the murdered individual was an inmate at
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| an institution or facility of the Department of Corrections, or any similar local correctional agency and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof;
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(2) the murdered individual was killed as a
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| result of the hijacking of an airplane, train, ship, bus, or other public conveyance;
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(3) the defendant committed the murder
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| pursuant to a contract, agreement, or understanding by which he or she was to receive money or anything of value in return for committing the murder or procured another to commit the murder for money or anything of value;
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(4) the murdered individual was killed in the
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| course of another felony if:
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(A) the murdered individual:
(i) was actually killed by the
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(ii) received physical injuries
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| personally inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5-2 of this Code, and the physical injuries inflicted by either the defendant or the other person or persons for whose conduct he is legally accountable caused the death of the murdered individual; and (B) in performing the acts which caused the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of clause (A) of this clause (4), the defendant acted with the intent to kill the murdered individual or with the knowledge that his or her acts created a strong probability of death or great bodily harm to the murdered individual or another; and
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(B) in performing the acts which caused
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| the death of the murdered individual or which resulted in physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of clause (A) of this clause (4), the defendant acted with the intent to kill the murdered individual or with the knowledge that his or her acts created a strong probability of death or great bodily harm to the murdered individual or another; and
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(C) the other felony was an inherently
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| violent crime or the attempt to commit an inherently violent crime. In this clause (C), "inherently violent crime" includes, but is not limited to, armed robbery, robbery, predatory criminal sexual assault of a child, aggravated criminal sexual assault, aggravated kidnapping, aggravated vehicular hijacking, aggravated arson, aggravated stalking, residential burglary, and home invasion;
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(5) the defendant committed the murder with
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| intent to prevent the murdered individual from testifying or participating in any criminal investigation or prosecution or giving material assistance to the State in any investigation or prosecution, either against the defendant or another; or the defendant committed the murder because the murdered individual was a witness in any prosecution or gave material assistance to the State in any investigation or prosecution, either against the defendant or another; for purposes of this clause (5), "participating in any criminal investigation or prosecution" is intended to include those appearing in the proceedings in any capacity such as trial judges, prosecutors, defense attorneys, investigators, witnesses, or jurors;
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(6) the defendant, while committing an
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| offense punishable under Section 401, 401.1, 401.2, 405, 405.2, 407 or 407.1 or subsection (b) of Section 404 of the Illinois Controlled Substances Act, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual;
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(7) the defendant was incarcerated in an
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| institution or facility of the Department of Corrections at the time of the murder, and while committing an offense punishable as a felony under Illinois law, or while engaged in a conspiracy or solicitation to commit such offense, intentionally killed an individual or counseled, commanded, induced, procured or caused the intentional killing of the murdered individual;
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(8) the murder was committed in a cold,
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| calculated and premeditated manner pursuant to a preconceived plan, scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom;
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(9) the defendant was a principal
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| administrator, organizer, or leader of a calculated criminal drug conspiracy consisting of a hierarchical position of authority superior to that of all other members of the conspiracy, and the defendant counseled, commanded, induced, procured, or caused the intentional killing of the murdered person;
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(10) the murder was intentional and involved
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| the infliction of torture. For the purpose of this clause (10), torture means the infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering or agony of the victim;
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(11) the murder was committed as a result of
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| the intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle;
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(12) the murdered individual was a person
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| with a disability and the defendant knew or should have known that the murdered individual was a person with a disability. For purposes of this clause (12), "person with a disability" means a person who suffers from a permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition that renders the person incapable of adequately providing for his or her own health or personal care;
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(13) the murdered individual was subject to
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| an order of protection and the murder was committed by a person against whom the same order of protection was issued under the Illinois Domestic Violence Act of 1986;
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(14) the murdered individual was known by the
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| defendant to be a teacher or other person employed in any school and the teacher or other employee is upon the grounds of a school or grounds adjacent to a school, or is in any part of a building used for school purposes;
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(15) the murder was committed by the
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| defendant in connection with or as a result of the offense of terrorism as defined in Section 29D-14.9 of this Code;
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(16) the murdered individual was a member of
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| a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship; or
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(17)(i) the murdered individual was a
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| physician, physician assistant, psychologist, nurse, or advanced practice registered nurse;
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(ii) the defendant knew or should have known
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| that the murdered individual was a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse; and
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(iii) the murdered individual was killed in
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| the course of acting in his or her capacity as a physician, physician assistant, psychologist, nurse, or advanced practice registered nurse, or to prevent him or her from acting in that capacity, or in retaliation for his or her acting in that capacity.
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(c) the court shall sentence the defendant to a
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| term of natural life imprisonment if the defendant, at the time of the commission of the murder, had attained the age of 18, and:
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(i) has previously been convicted of first
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| degree murder under any state or federal law, or
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(ii) is found guilty of murdering more than
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(iii) is found guilty of murdering a peace
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| officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or
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(iv) is found guilty of murdering an employee
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| of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or
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(v) is found guilty of murdering an emergency
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| medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or
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(vi) (blank), or
(vii) is found guilty of first degree murder
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| and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012.
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For purposes of clause (v), "emergency medical
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| technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.
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(d)(i) if the person committed the offense while
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| armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
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(ii) if, during the commission of the offense,
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| the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
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(iii) if, during the commission of the offense,
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| the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
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(2) (blank);
(2.5) for a person who has attained the age of 18
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| years at the time of the commission of the offense and who is convicted under the circumstances described in subdivision (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 or paragraph (2) of subsection (d) of Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) of subsection (b) of Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012, the sentence shall be a term of natural life imprisonment.
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(b) (Blank).
(c) (Blank).
(d) Subject to
earlier termination under Section 3-3-8, the parole or mandatory
supervised release term shall be written as part of the sentencing order and shall be as follows:
(1) for first degree murder or for the offenses of
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| predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or before December 12, 2005, 3 years;
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(1.5) except as provided in paragraph (7) of this
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| subsection (d), for a Class X felony except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 18 months;
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(2) except as provided in paragraph (7) of this
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| subsection (d), for a Class 1 felony or a Class 2 felony except for the offense of criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 12 months;
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(3) except as provided in paragraph (4), (6), or (7)
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| of this subsection (d), for a Class 3 felony or a Class 4 felony, 6 months; no later than 45 days after the onset of the term of mandatory supervised release, the Prisoner Review Board shall conduct a discretionary discharge review pursuant to the provisions of Section 3-3-8, which shall include the results of a standardized risk and needs assessment tool administered by the Department of Corrections; the changes to this paragraph (3) made by this amendatory Act of the 102nd General Assembly apply to all individuals released on mandatory supervised release on or after the effective date of this amendatory Act of the 102nd General Assembly, including those individuals whose sentences were imposed prior to the effective date of this amendatory Act of the 102nd General Assembly;
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(4) for defendants who commit the offense of
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| predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after December 13, 2005 (the effective date of Public Act 94-715), or who commit the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;
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(5) if the victim is under 18 years of age, for a
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| second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic monitoring or home detention program under Article 8A of Chapter V of this Code;
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(6) for a felony domestic battery, aggravated
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| domestic battery, stalking, aggravated stalking, and a felony violation of an order of protection, 4 years;
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(7) for any felony described in paragraph (a)(2)(ii),
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| (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 3-6-3 of the Unified Code of Corrections requiring an inmate to serve a minimum of 85% of their court-imposed sentence, except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after December 13, 2005 (the effective date of Public Act 94-715) and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009 and except as provided in paragraph (4) or paragraph (6) of this subsection (d), the term of mandatory supervised release shall be as follows:
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(A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and of Public Act 101-652: (i) the provisions of paragraph (3) of subsection (d) are effective on July 1, 2022 and shall apply to all individuals convicted on or after the effective date of paragraph (3) of subsection (d); and (ii) the provisions of paragraphs (1.5) and (2) of subsection (d) are effective on July 1, 2021 and shall apply to all individuals convicted on or after the effective date of paragraphs (1.5) and (2) of subsection (d).
(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff. 1-1-24 .)
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(730 ILCS 5/5-8-1.2)
Sec. 5-8-1.2. County impact incarceration.
(a) Legislative intent. It is the finding of the General Assembly that
certain non-violent offenders eligible for sentences of incarceration may
benefit from the rehabilitative aspects of a county impact incarceration
program. It is the intent of the General Assembly that such programs be
implemented as provided by this Section. This Section shall not be construed
to allow violent offenders to participate in a county impact incarceration
program.
(b) Under the direction of the Sheriff and with the approval of the County
Board of Commissioners, the Sheriff, in any county with more than 3,000,000
inhabitants, may establish and operate a county impact incarceration program
for eligible offenders. If the court finds under Section 5-4-1 that an
offender convicted of a felony meets the eligibility requirements of the
Sheriff's county impact incarceration program, the court may sentence the
offender to the county impact incarceration program. The Sheriff shall be
responsible for monitoring all offenders who are sentenced to the county impact
incarceration program, including the mandatory period of monitored release
following the 120 to 180 days of impact incarceration.
Offenders assigned to the county impact incarceration program under an
intergovernmental agreement between the county and the Illinois Department of
Corrections are exempt from the provisions of this mandatory period of
monitored
release.
In the event the
offender is not accepted for placement in the county impact incarceration
program, the court shall proceed to sentence the offender to any other
disposition authorized by this Code.
If the offender does not successfully
complete the program, the offender's failure to do so shall constitute a
violation of the sentence to the county impact incarceration program.
(c) In order to be eligible to be sentenced to a county impact incarceration
program by the court, the person shall meet all of the following requirements:
(1) The person must be not less than 17 years of age |
| nor more than 35 years of age.
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(2) The person has not previously participated in the
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| impact incarceration program and has not previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
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(3) The person has not been convicted of a Class X
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| felony, first or second degree murder, armed violence, aggravated kidnapping, criminal sexual assault, aggravated criminal sexual abuse or a subsequent conviction for criminal sexual abuse, forcible detention, or arson and has not been convicted previously of any of those offenses.
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(4) The person has been found in violation of
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| probation for an offense that is a Class 2, 3, or 4 felony that is not a forcible felony as defined in Section 2-8 of the Criminal Code of 2012 or a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act who otherwise could be sentenced to a term of incarceration; or the person is convicted of an offense that is a Class 2, 3, or 4 felony that is not a forcible felony as defined in Section 2-8 of the Criminal Code of 2012 or a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act who has previously served a sentence of probation for any felony offense and who otherwise could be sentenced to a term of incarceration.
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(5) The person must be physically able to participate
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| in strenuous physical activities or labor.
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(6) The person must not have any mental disorder or
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| disability that would prevent participation in a county impact incarceration program.
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(7) The person was recommended and approved for
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| placement in the county impact incarceration program by the Sheriff and consented in writing to participation in the county impact incarceration program and to the terms and conditions of the program. The Sheriff may consider, among other matters, whether the person has any outstanding detainers or warrants, whether the person has a history of escaping or absconding, whether participation in the county impact incarceration program may pose a risk to the safety or security of any person and whether space is available.
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(c-5) The county impact incarceration program shall include, among other
matters, mandatory physical training and labor, military formation and drills,
regimented activities, uniformity of dress and appearance, education and
counseling, including drug counseling where appropriate.
(d) Privileges including visitation, commissary, receipt and retention of
property and publications and access to television, radio, and a library may be
suspended or restricted, notwithstanding provisions to the contrary in this
Code.
(e) The Sheriff shall issue written rules and requirements for the program.
Persons shall be informed of rules of behavior and conduct. Persons
participating in the county impact incarceration program shall adhere to all
rules and all requirements of the program.
(f) Participation in the county impact incarceration program shall be for a
period of 120 to 180 days followed by a mandatory term of monitored release
for at least 8 months and no more than 12 months supervised by the Sheriff.
The period of time a person shall serve in the impact incarceration program
shall not be reduced by the accumulation of good time. The court may also
sentence the person to a period of probation to commence at the successful
completion of the county impact incarceration program.
(g) If the person successfully completes the county impact incarceration
program, the Sheriff shall certify the person's successful completion of the
program to the court and to the county's State's Attorney. Upon successful
completion of the county impact incarceration program and mandatory
term of monitored release and if there is an additional period of probation
given, the person shall at that time begin his or her probationary sentence
under the supervision of the Adult Probation Department.
(h) A person may be removed from the county impact incarceration program for
a violation of the terms or
conditions of the program or in the event he or she is for any reason unable to
participate. The failure to complete the program for any reason, including the
8 to 12 month monitored release period, shall be deemed a violation of the
county impact incarceration sentence. The Sheriff shall give notice to the
State's Attorney of the person's failure to complete the program. The Sheriff
shall file a petition for violation of the county impact incarceration sentence
with the court and the State's Attorney may proceed on the petition under
Section 5-6-4 of this Code. The Sheriff shall promulgate rules and regulations
governing conduct which could result in removal from the program or in a
determination that the person has not successfully completed the program.
The mandatory conditions of every county impact incarceration sentence
shall
include that the person either while in the program or during the period of
monitored release:
(1) not violate any criminal statute of any
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(2) report or appear in person before any such person
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| or agency as directed by the court or the Sheriff;
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(3) refrain from possessing a firearm or other
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(4) not leave the State without the consent of the
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| court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior notification and approval of the Sheriff; and
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(5) permit representatives of the Sheriff to visit at
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| the person's home or elsewhere to the extent necessary for the Sheriff to monitor compliance with the program. Persons shall have access to such rules, which shall provide that a person shall receive notice of any such violation.
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(i) The Sheriff may terminate the county impact incarceration program at
any time.
(j) The Sheriff shall report to the county board on or before September
30th of each year on the county impact incarceration program, including the
composition of the program by the offenders, by county of commitment, sentence,
age, offense, and race.
(Source: P.A. 100-201, eff. 8-18-17.)
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(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of imprisonment.
(a) Concurrent terms; multiple or additional sentences. When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section. (b) Concurrent terms; misdemeanor and felony. A defendant serving a sentence for a
misdemeanor who is convicted of a felony and sentenced to imprisonment shall be transferred to the Department of Corrections, and the misdemeanor sentence shall be merged in and run concurrently with the felony sentence. (c) Consecutive terms; permissive. The court may impose consecutive sentences in any of the following circumstances: (1) If, having regard to the nature and circumstances |
| of the offense and the history and character of the defendant, it is the opinion of the court that consecutive sentences are required to protect the public from further criminal conduct by the defendant, the basis for which the court shall set forth in the record.
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(2) If one of the offenses for which a defendant was
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| convicted was a violation of Section 32-5.2 (aggravated false personation of a peace officer) of the Criminal Code of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the offense was committed in attempting or committing a forcible felony.
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(3) If a person charged with a felony commits a
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| separate felony while on pretrial release or in pretrial detention in a county jail facility or county detention facility, then the sentences imposed upon conviction of these felonies may be served consecutively regardless of the order in which the judgments of conviction are entered.
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(4) If a person commits a battery against a county
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| correctional officer or sheriff's employee while serving a sentence or in pretrial detention in a county jail facility, then the sentence imposed upon conviction of the battery may be served consecutively with the sentence imposed upon conviction of the earlier misdemeanor or felony, regardless of the order in which the judgments of conviction are entered.
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(5) If a person admitted to pretrial release
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| following conviction of a felony commits a separate felony while released pretrial or if a person detained in a county jail facility or county detention facility following conviction of a felony commits a separate felony while in detention, then any sentence following conviction of the separate felony may be consecutive to that of the original sentence for which the defendant was released pretrial or detained.
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(6) If a person is found to be in possession of an
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| item of contraband, as defined in Section 31A-0.1 of the Criminal Code of 2012, while serving a sentence in a county jail or while in pretrial detention in a county jail, the sentence imposed upon conviction for the offense of possessing contraband in a penal institution may be served consecutively to the sentence imposed for the offense for which the person is serving a sentence in the county jail or while in pretrial detention, regardless of the order in which the judgments of conviction are entered.
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(7) If a person is sentenced for a violation of a
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| condition of pretrial release under Section 32-10 of the Criminal Code of 1961 or the Criminal Code of 2012, any sentence imposed for that violation may be served consecutive to the sentence imposed for the charge for which pretrial release had been granted and with respect to which the defendant has been convicted.
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(d) Consecutive terms; mandatory. The court shall impose consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
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| convicted was first degree murder or a Class X or Class 1 felony and the defendant inflicted severe bodily injury.
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(2) The defendant was convicted of a violation of
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| Section 11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or 12-14 (aggravated criminal sexual assault), or 11-1.40 or 12-14.1 (predatory criminal sexual assault of a child) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1).
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(2.5) The defendant was convicted of a violation of
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| paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1 (child pornography) or of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) of Section 11-20.1B or 11-20.3 (aggravated child pornography) of the Criminal Code of 1961 or the Criminal Code of 2012; or the defendant was convicted of a violation of paragraph (6) of subsection (a) of Section 11-20.1 (child pornography) or of paragraph (6) of subsection (a) of Section 11-20.1B or 11-20.3 (aggravated child pornography) of the Criminal Code of 1961 or the Criminal Code of 2012, when the child depicted is under the age of 13.
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(3) The defendant was convicted of armed violence
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| based upon the predicate offense of any of the following: solicitation of murder, solicitation of murder for hire, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, criminal sexual assault, a violation of subsection (g) of Section 5 of the Cannabis Control Act (720 ILCS 550/5), cannabis trafficking, a violation of subsection (a) of Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), controlled substance trafficking involving a Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), a violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/), calculated criminal drug conspiracy, or streetgang criminal drug conspiracy.
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(4) The defendant was convicted of the offense of
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| leaving the scene of a motor vehicle crash involving death or personal injuries under Section 11-401 of the Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof under Section 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless homicide under Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an offense described in item (A) and an offense described in item (B).
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(5) The defendant was convicted of a violation of
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| Section 9-3.1 or Section 9-3.4 (concealment of homicidal death) or Section 12-20.5 (dismembering a human body) of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-3.1 or 5/12-20.5).
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(5.5) The defendant was convicted of a violation of
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| Section 24-3.7 (use of a stolen firearm in the commission of an offense) of the Criminal Code of 1961 or the Criminal Code of 2012.
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(6) If the defendant was in the custody of the
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| Department of Corrections at the time of the commission of the offense, the sentence shall be served consecutive to the sentence under which the defendant is held by the Department of Corrections.
|
|
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
|
| for escape or attempted escape shall be served consecutive to the terms under which the offender is held by the Department of Corrections.
|
|
(8) (Blank).
(8.5) (Blank).
(9) (Blank).
(10) (Blank).
(11) (Blank).
(e) Consecutive terms; subsequent non-Illinois term. If an Illinois court has imposed a
sentence of imprisonment on a defendant and the defendant is subsequently sentenced to a term of imprisonment by a court of another state or a federal court, then the Illinois sentence shall run consecutively to the sentence imposed by the court of the other state or the federal court. That same Illinois court, however, may order that the Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums. The aggregate maximum
and aggregate minimum of consecutive sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior
|
| to February 1, 1978, the aggregate maximum of consecutive sentences shall not exceed the maximum term authorized under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V for the 2 most serious felonies involved. The aggregate minimum period of consecutive sentences shall not exceed the highest minimum term authorized under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V for the 2 most serious felonies involved. When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class A misdemeanor.
|
|
(2) For sentences imposed under the law in effect on
|
| or after February 1, 1978, the aggregate of consecutive sentences for offenses that were committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective shall not exceed the sum of the maximum terms authorized under Article 4.5 of Chapter V for the 2 most serious felonies involved, but no such limitation shall apply for offenses that were not committed as part of a single course of conduct during which there was no substantial change in the nature of the criminal objective. When sentenced only for misdemeanors, a defendant shall not be consecutively sentenced to more than the maximum for one Class A misdemeanor.
|
|
(g) Consecutive terms; manner served. In determining the manner in which consecutive sentences of imprisonment, one or more of which is for a felony, will be served, the Department of Corrections shall treat the defendant as though he or she had been committed for a single term subject to each of the following:
(1) The maximum period of a term of imprisonment
|
| shall consist of the aggregate of the maximums of the imposed indeterminate terms, if any, plus the aggregate of the imposed determinate sentences for felonies, plus the aggregate of the imposed determinate sentences for misdemeanors, subject to subsection (f) of this Section.
|
|
(2) The parole or mandatory supervised release term
|
| shall be as provided in paragraph (e) of Section 5-4.5-50 (730 ILCS 5/5-4.5-50) for the most serious of the offenses involved.
|
|
(3) The minimum period of imprisonment shall be the
|
| aggregate of the minimum and determinate periods of imprisonment imposed by the court, subject to subsection (f) of this Section.
|
|
(4) The defendant shall be awarded credit against the
|
| aggregate maximum term and the aggregate minimum term of imprisonment for all time served in an institution since the commission of the offense or offenses and as a consequence thereof at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3).
|
|
(h) Notwithstanding any other provisions of this Section, all sentences imposed by an Illinois court under this Code shall run concurrent to any and all sentences imposed under the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23; 102-1104, eff. 12-6-22 .)
|
(730 ILCS 5/5-8-8) Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. (a) Creation. There is created under the jurisdiction of the Governor the Illinois Sentencing Policy Advisory Council, hereinafter referred to as the Council. (b) Purposes and goals. The purpose of the Council is to review sentencing policies and practices and examine how these policies and practices impact the criminal justice system as a whole in the State of Illinois.
In carrying out its duties, the Council shall be mindful of and aim to achieve the purposes of
sentencing in Illinois, which are set out in Section 1-1-2 of this Code: (1) prescribe sanctions proportionate to the |
| seriousness of the offenses and permit the recognition of differences in rehabilitation possibilities among individual offenders;
|
|
(2) forbid and prevent the commission of offenses;
(3) prevent arbitrary or oppressive treatment of
|
| persons adjudicated offenders or delinquents; and
|
|
(4) restore offenders to useful citizenship.
(c) Council composition.
(1) The Council shall consist of the following
|
|
(A) the President of the Senate, or his or her
|
|
(B) the Minority Leader of the Senate, or his or
|
|
(C) the Speaker of the House, or his or her
|
|
(D) the Minority Leader of the House, or his or
|
|
(E) the Governor, or his or her designee;
(F) the Attorney General, or his or her designee;
(G) two retired judges, who may have been
|
| circuit, appellate, or supreme court judges; retired judges shall be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
|
(G-5) (blank);
(H) the Cook County State's Attorney, or his or
|
|
(I) the Cook County Public Defender, or his or
|
|
(J) a State's Attorney not from Cook County,
|
| appointed by the State's Attorney's Appellate Prosecutor;
|
|
(K) the State Appellate Defender, or his or her
|
|
(L) the Director of the Administrative Office of
|
| the Illinois Courts, or his or her designee;
|
|
(M) a victim of a violent felony or a
|
| representative of a crime victims' organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
|
(N) a representative of a community-based
|
| organization, selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
|
(O) a criminal justice academic researcher, to be
|
| selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
|
(P) a representative of law enforcement from a
|
| unit of local government to be selected by the members of the Council designated in clauses (c)(1)(A) through (L);
|
|
(Q) a sheriff outside of Cook County selected by
|
| the members of the Council designated in clauses (c)(1)(A) through (L); and
|
|
(R) ex-officio members shall include:
(i) the Director of Corrections, or his or
|
|
(ii) the Chair of the Prisoner Review Board,
|
|
(iii) the Director of the Illinois State
|
| Police, or his or her designee;
|
|
(iv) the Director of the Illinois Criminal
|
| Justice Information Authority, or his or her designee; and
|
|
(v) the Cook County Sheriff, or his or her
|
|
(1.5) The Chair and Vice Chair shall be elected from
|
| among its members by a majority of the members of the Council.
|
|
(2) Members of the Council who serve because of their
|
| public office or position, or those who are designated as members by such officials, shall serve only as long as they hold such office or position.
|
|
(3) Council members shall serve without compensation
|
| but shall be reimbursed for travel and per diem expenses incurred in their work for the Council.
|
|
(4) The Council may exercise any power, perform any
|
| function, take any action, or do anything in furtherance of its purposes and goals upon the appointment of a quorum of its members. The term of office of each member of the Council ends on the date of repeal of this amendatory Act of the 96th General Assembly.
|
|
(5) The Council shall determine the qualifications
|
| for and hire the Executive Director.
|
|
(d) Duties. The Council shall perform, as resources permit, duties including:
(1) Collect and analyze information including
|
| sentencing data, crime trends, and existing correctional resources to support legislative and executive action affecting the use of correctional resources on the State and local levels.
|
|
(2) Prepare criminal justice population projections
|
| annually, including correctional and community-based supervision populations.
|
|
(3) Analyze data relevant to proposed sentencing
|
| legislation and its effect on current policies or practices, and provide information to support evidence-based sentencing.
|
|
(4) Ensure that adequate resources and facilities are
|
| available for carrying out sentences imposed on offenders and that rational priorities are established for the use of those resources. To do so, the Council shall prepare criminal justice resource statements, identifying the fiscal and practical effects of proposed criminal sentencing legislation, including, but not limited to, the correctional population, court processes, and county or local government resources.
|
|
(4.5) Study and conduct a thorough analysis of
|
| sentencing under Section 5-4.5-110 of this Code. The Sentencing Policy Advisory Council shall provide annual reports to the Governor and General Assembly, including the total number of persons sentenced under Section 5-4.5-110 of this Code, the total number of departures from sentences under Section 5-4.5-110 of this Code, and an analysis of trends in sentencing and departures. On or before December 31, 2022, the Sentencing Policy Advisory Council shall provide a report to the Governor and General Assembly on the effectiveness of sentencing under Section 5-4.5-110 of this Code, including recommendations on whether sentencing under Section 5-4.5-110 of this Code should be adjusted or continued.
|
|
(5) Perform such other studies or tasks pertaining to
|
| sentencing policies as may be requested by the Governor or the Illinois General Assembly.
|
|
(6) Perform such other functions as may be required
|
| by law or as are necessary to carry out the purposes and goals of the Council prescribed in subsection (b).
|
|
(7) Publish a report on the trends in sentencing for
|
| offenders described in subsection (b-1) of Section 5-4-1 of this Code, the impact of the trends on the prison and probation populations, and any changes in the racial composition of the prison and probation populations that can be attributed to the changes made by adding subsection (b-1) of Section 5-4-1 to this Code by Public Act 99-861.
|
|
(e) Authority.
(1) The Council shall have the power to perform the
|
| functions necessary to carry out its duties, purposes and goals under this Act. In so doing, the Council shall utilize information and analysis developed by the Illinois Criminal Justice Information Authority, the Administrative Office of the Illinois Courts, and the Illinois Department of Corrections.
|
|
(2) Upon request from the Council, each executive
|
| agency and department of State and local government shall provide information and records to the Council in the execution of its duties.
|
|
(f) Report. The Council shall report in writing annually to the General Assembly, the Illinois Supreme Court, and the Governor.
(g) (Blank).
(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17; 101-279, eff. 8-9-19.)
|
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
Sec. 5-8A-4. Program description. The supervising authority may
promulgate rules that prescribe reasonable guidelines under which an
electronic monitoring and home detention program shall operate. When using electronic monitoring for home detention these rules may include,
but not be limited to, the following:
(A) The participant may be instructed to remain |
| within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the supervising authority. Such instances of approved absences from the home shall include, but are not limited to, the following:
|
|
(1) working or employment approved by the court
|
| or traveling to or from approved employment;
|
|
(2) unemployed and seeking employment approved
|
| for the participant by the court;
|
|
(3) undergoing medical, psychiatric, mental
|
| health treatment, counseling, or other treatment programs approved for the participant by the court;
|
|
(4) attending an educational institution or a
|
| program approved for the participant by the court;
|
|
(5) attending a regularly scheduled religious
|
| service at a place of worship;
|
|
(6) participating in community work release or
|
| community service programs approved for the participant by the supervising authority;
|
|
(7) for another compelling reason consistent with
|
| the public interest, as approved by the supervising authority; or
|
|
(8) purchasing groceries, food, or other basic
|
|
(A-1) At a minimum, any person ordered to pretrial
|
| home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than two days per week, to participate in basic activities such as those listed in paragraph (A). In this subdivision (A-1), "days" means a reasonable time period during a calendar day, as outlined by the court in the order placing the person on home confinement.
|
|
(B) The participant shall admit any person or agent
|
| designated by the supervising authority into his or her residence at any time for purposes of verifying the participant's compliance with the conditions of his or her detention.
|
|
(C) The participant shall make the necessary
|
| arrangements to allow for any person or agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution employer or both, for the purpose of verifying the participant's compliance with the conditions of his or her detention.
|
|
(D) The participant shall acknowledge and participate
|
| with the approved electronic monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of his or her detention.
|
|
(E) The participant shall maintain the following:
(1) access to a working telephone;
(2) a monitoring device in the participant's
|
| home, or on the participant's person, or both; and
|
|
(3) a monitoring device in the participant's home
|
| and on the participant's person in the absence of a telephone.
|
|
(F) The participant shall obtain approval from the
|
| supervising authority before the participant changes residence or the schedule described in subsection (A) of this Section. Such approval shall not be unreasonably withheld.
|
|
(G) The participant shall not commit another crime
|
| during the period of home detention ordered by the Court.
|
|
(H) Notice to the participant that violation of the
|
| order for home detention may subject the participant to prosecution for the crime of escape as described in Section 5-8A-4.1.
|
|
(I) The participant shall abide by other conditions
|
| as set by the supervising authority.
|
|
(J) This Section takes effect January 1, 2022.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
|
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
(Text of Section from P.A. 103-363)
Sec. 5-9-1.4. (a) "Crime laboratory" means any not-for-profit
laboratory registered with the Drug Enforcement Administration of the
United States Department of Justice, substantially funded by a unit or
combination of units of local government or the State of Illinois, which
regularly employs at least one person engaged in the analysis
of controlled substances, cannabis, methamphetamine, or steroids for criminal justice
agencies in criminal matters and provides testimony with respect to such
examinations.
(b) (Blank).
(c) In addition to any other disposition made pursuant to the provisions
of the Juvenile Court Act of 1987, any minor adjudicated delinquent for an
offense
which if committed by an adult would constitute a violation of the Cannabis
Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Steroid Control
Act shall be required to pay a criminal laboratory analysis assessment of $100
for each
adjudication.
Upon verified petition of the minor, the court may suspend payment of
all or part of the assessment if it finds that the minor does not have the ability
to pay the assessment.
The parent, guardian, or legal custodian of the minor may pay
some or all of such assessment on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by this Section shall
be collected by the clerk of the court and forwarded to the appropriate
crime laboratory fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a |
| crime laboratory may establish a crime laboratory fund within the office of the county or municipal treasurer.
|
|
(2) Any combination of units of local government
|
| which maintains a crime laboratory may establish a crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.
|
|
(3) The State Crime Laboratory Fund is hereby created
|
| as a special fund in the State Treasury.
|
|
(f) The analysis assessment provided for in subsection (c) of this
Section shall be forwarded to the office of the treasurer of the unit of
local government that performed the analysis if that unit of local
government has established a crime laboratory fund, or to the State Crime
Laboratory Fund if the analysis was performed by a laboratory operated by
the Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local government, the
analysis assessment shall be forwarded to the treasurer of the
county where the crime laboratory is situated if a crime laboratory fund
has been established in that county. If the unit of local government or
combination of units of local government has not established a crime
laboratory fund, then the analysis assessment shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created pursuant to paragraph
(1) or (2) of subsection (e) of this Section shall be in
addition to any allocations made pursuant to existing law and shall be
designated for the exclusive use of the crime laboratory. These uses may
include, but are not limited to, the following:
(1) costs incurred in providing analysis for
|
| controlled substances in connection with criminal investigations conducted within this State;
|
|
(2) purchase and maintenance of equipment for use in
|
|
(3) continuing education, training, and professional
|
| development of forensic scientists regularly employed by these laboratories.
|
|
(h) Moneys deposited in the State Crime Laboratory Fund created pursuant
to paragraph (3) of subsection (d) of this Section shall be used by State
crime laboratories as designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to existing law
and shall be designated for the exclusive use of State crime laboratories or for the sexual assault evidence tracking system created under Section 50 of the Sexual Assault Evidence Submission Act.
These uses may include those enumerated in subsection (g) of this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff. 7-28-23.)
(Text of Section from P.A. 103-379)
Sec. 5-9-1.4. (a) "Crime laboratory" means any not-for-profit
laboratory registered with the Drug Enforcement Administration of the
United States Department of Justice, substantially funded by a unit or
combination of units of local government or the State of Illinois, which
regularly employs at least one person engaged in the analysis
of controlled substances, cannabis, methamphetamine, or steroids for criminal justice
agencies in criminal matters and provides testimony with respect to such
examinations.
(b) (Blank).
(c) (Blank).
(c-1) A criminal laboratory analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(d) Notwithstanding subsection (c-1) of this Section, all funds provided for by this Section shall
be collected by the clerk of the court and forwarded to the appropriate
crime laboratory fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a
|
| crime laboratory may establish a crime laboratory fund within the office of the county or municipal treasurer.
|
|
(2) Any combination of units of local government
|
| which maintains a crime laboratory may establish a crime laboratory fund within the office of the treasurer of the county where the crime laboratory is situated.
|
|
(3) The State Crime Laboratory Fund is hereby created
|
| as a special fund in the State Treasury. Notwithstanding any other provision of law to the contrary, and in addition to any other transfers that may be provided by law, on August 20, 2021 (the effective date of Public Act 102-505), or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Offender DNA Identification System Fund into the State Crime Laboratory Fund. Upon completion of the transfer, the State Offender DNA Identification System Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the State Crime Laboratory Fund.
|
|
(f) Funds shall be forwarded to the office of the treasurer of the unit of
local government that performed the analysis if that unit of local
government has established a crime laboratory fund, or to the State Crime
Laboratory Fund if the analysis was performed by a laboratory operated by
the Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local government, the
funds shall be forwarded to the treasurer of the
county where the crime laboratory is situated if a crime laboratory fund
has been established in that county. If the unit of local government or
combination of units of local government has not established a crime
laboratory fund, then the funds shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created pursuant to paragraph
(1) or (2) of subsection (e) of this Section shall be in
addition to any allocations made pursuant to existing law and shall be
designated for the exclusive use of the crime laboratory. These uses may
include, but are not limited to, the following:
(1) costs incurred in providing analysis for
|
| controlled substances in connection with criminal investigations conducted within this State;
|
|
(2) purchase and maintenance of equipment for use in
|
|
(3) continuing education, training, and professional
|
| development of forensic scientists regularly employed by these laboratories.
|
|
(h) Moneys deposited in the State Crime Laboratory Fund created pursuant
to paragraph (3) of subsection (d) of this Section shall be used by State
crime laboratories as designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to existing law
and shall be designated for the exclusive use of State crime laboratories or for the sexual assault evidence tracking system created under Section 50 of the Sexual Assault Evidence Submission Act.
These uses may include those enumerated in subsection (g) of this Section.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. 7-28-23.)
|
(730 ILCS 5/5-9-1.9)
(Text of Section from P.A. 103-363)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory substantially
funded by a single unit or combination of units of local government or the
State of
Illinois that regularly employs at least one person engaged in the DUI
analysis of blood, other bodily substance, and urine for criminal justice agencies in criminal matters
and provides testimony with respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily substance, or urine for purposes of
determining whether a violation of Section 11-501 of the Illinois Vehicle Code
has occurred.
(b) (Blank).
(c) In addition to any other disposition made under the provisions of
the Juvenile Court Act of 1987, any minor adjudicated delinquent for an offense
which if committed by an adult would constitute a violation of Section 11-501
of the Illinois Vehicle Code shall pay a crime laboratory DUI analysis assessment
of $150 for each adjudication. Upon verified petition of the minor, the
court may suspend payment of all or part of the assessment if it finds
that the minor does not have the ability to pay the assessment. The parent, guardian,
or legal custodian of the minor may pay some or all of the assessment on the minor's
behalf.
(d) All crime laboratory DUI analysis assessments provided for by this Section
shall
be collected by the clerk of the court and forwarded to the appropriate crime
laboratory DUI fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) A unit of local government that maintains a crime |
| laboratory may establish a crime laboratory DUI fund within the office of the county or municipal treasurer.
|
|
(2) Any combination of units of local government that
|
| maintains a crime laboratory may establish a crime laboratory DUI fund within the office of the treasurer of the county where the crime laboratory is situated.
|
|
(3) (Blank).
(f) The analysis assessment provided for in subsection (c) of this Section
shall be forwarded to the office of the treasurer of the unit of local
government that performed the analysis if that unit of local government has
established a crime laboratory DUI fund, or remitted to the State Treasurer for deposit
into the State Crime Laboratory Fund if the analysis was
performed by a
laboratory operated by the Illinois State Police. If the analysis was
performed by a crime laboratory funded by a combination of units of local
government, the analysis assessment shall be forwarded to the treasurer of the county
where the crime laboratory is situated if a crime laboratory DUI fund has been
established in that county. If the unit of local government or combination of
units of local government has not established a crime laboratory DUI fund, then
the analysis assessment shall be remitted to the State Treasurer for deposit into
the State Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory DUI fund created under
paragraphs (1) and (2) of subsection (e) of this Section shall be in addition
to any allocations made pursuant to existing law and shall be designated for
the exclusive use of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
|
| investigations conducted within this State.
|
|
(2) Purchase and maintenance of equipment for use in
|
|
(3) Continuing education, training, and professional
|
| development of forensic scientists regularly employed by these laboratories.
|
|
(h) Moneys deposited in the State Crime Laboratory Fund
shall be used by
State crime laboratories as designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made according to existing law
and shall be designated for the exclusive use of State crime laboratories.
These uses may include those enumerated in subsection (g) of this Section.
(i) (Blank).
(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-363, eff. 7-28-23.)
(Text of Section from P.A. 103-379)
Sec. 5-9-1.9. DUI analysis.
(a) "Crime laboratory" means a not-for-profit laboratory substantially
funded by a single unit or combination of units of local government or the
State of
Illinois that regularly employs at least one person engaged in the DUI
analysis of blood, other bodily substance, and urine for criminal justice agencies in criminal matters
and provides testimony with respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily substance, or urine for purposes of
determining whether a violation of Section 11-501 of the Illinois Vehicle Code
has occurred.
(b) (Blank).
(c) (Blank).
(c-1) A criminal laboratory DUI analysis assessment, or equivalent fine or assessment, such as fees or administrative costs, shall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(d) Notwithstanding subsection (c-1), all funds provided for by this Section
shall
be collected by the clerk of the court and forwarded to the appropriate crime
laboratory DUI fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) A unit of local government that maintains a crime
|
| laboratory may establish a crime laboratory DUI fund within the office of the county or municipal treasurer.
|
|
(2) Any combination of units of local government that
|
| maintains a crime laboratory may establish a crime laboratory DUI fund within the office of the treasurer of the county where the crime laboratory is situated.
|
|
(3) (Blank).
(f) Notwithstanding subsection (c-1), all funds
shall be forwarded to the office of the treasurer of the unit of local
government that performed the analysis if that unit of local government has
established a crime laboratory DUI fund, or remitted to the State Treasurer for deposit
into the State Crime Laboratory Fund if the analysis was
performed by a
laboratory operated by the Illinois State Police. If the analysis was
performed by a crime laboratory funded by a combination of units of local
government, the funds shall be forwarded to the treasurer of the county
where the crime laboratory is situated if a crime laboratory DUI fund has been
established in that county. If the unit of local government or combination of
units of local government has not established a crime laboratory DUI fund, then
the funds shall be remitted to the State Treasurer for deposit into
the State Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory DUI fund created under
paragraphs (1) and (2) of subsection (e) of this Section shall be in addition
to any allocations made pursuant to existing law and shall be designated for
the exclusive use of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
|
| investigations conducted within this State.
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(2) Purchase and maintenance of equipment for use in
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(3) Continuing education, training, and professional
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(h) Moneys deposited in the State Crime Laboratory Fund
shall be used by
State crime laboratories as designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made according to existing law
and shall be designated for the exclusive use of State crime laboratories.
These uses may include those enumerated in subsection (g) of this Section.
(i) Notwithstanding any other provision of law to the contrary and in addition to any other transfers that may be provided by law, on June 17, 2021 (the effective date of Public Act 102-16), or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Police DUI Fund into the State Police Operations Assistance Fund. Upon completion of the transfer, the State Police DUI Fund is dissolved, and any future deposits due to that Fund and any outstanding obligations or liabilities of that Fund shall pass to the State Police Operations Assistance Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. 7-28-23.)
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(730 ILCS 5/8-5-1) (from Ch. 38, par. 1008-5-1)
Sec. 8-5-1.
Repeals.
The following Acts and parts of Acts are repealed:
The "Juvenile Offenders Act", approved June 30, 1953, as amended.
"An Act relating to the establishment, operation and maintenance of the
Illinois Industrial School for Boys and to repeal an Act named therein",
approved June 30, 1953.
"An Act in relation to the Illinois State Training School for Boys",
approved May 10, 1901, as amended.
"An Act in relation to the Illinois State Training School for Girls, and
to repeal an Act named therein", approved June 30, 1953.
"An Act to establish and provide for a State Reformatory for Women",
approved June 30, 1927, as amended.
Section 1-7 of the "Criminal Code of 1961", approved July 28, 1961, as
amended.
Section 38a of the "Uniform Narcotic Drug Act", approved July 11, 1957,
as amended.
Sections 104-1, 104-2, 104-3, 113-7, 117-1, 117-2, 117-3, 118-1, 118-2,
119-1, 119-2, 119-3, 119-4, 123-1, 123-2, 123-3, 123-4, 123-6, 123-7, and
124-2 of the "Code of Criminal Procedure of 1963", approved August 14,
1963, as amended.
"An Act authorizing the Governor to enter into certain reciprocal
agreements with other states", approved January 7, 1936, as amended.
"An Act in relation to the employment of persons committed to a county
jail, house of correction or workhouse", approved July 17, 1959, as
amended.
"An Act in relation to imprisonment for nonpayment of a fine imposed for
violation of an ordinance, resolution, rule or regulation of a political
entity", approved August 13, 1963.
"An Act to regulate the manner of applying for pardons, reprieves and
commutations", approved May 31, 1879.
"An Act in relation to pardons and the commutation of sentences",
approved June 5, 1897, as amended.
"An Act in relation to the penitentiary at Joliet, to be entitled, 'An
Act to provide for the management of the Illinois State Penitentiary at
Joliet'", approved June 16, 1871, as amended.
"An Act to regulate the labor of convicts of the penitentiary of the
State", approved March 25, 1874, as amended.
"An Act in relation to certain rights of persons convicted of crime",
approved June 26, 1925, as amended.
"An Act in relation to merger of certain sentences", approved July 9,
1957.
"An Act to secure the clergymen of all denominations free access to the
penitentiary at Joliet and all other penal, reformatory and charitable
institutions in the State of Illinois", approved March 28, 1874, as
amended.
"An Act to give to the authorities of penitentiaries, in the State of
Illinois, police powers on grounds owned or leased by the State in
connection with said penitentiaries", approved May 30, 1881.
"An Act to regulate the employment of convicts and prisoners in penal
and reformatory institutions and regulating the disposition of the products
of convict or prison labor", approved May 11, 1903, as amended.
"An Act authorizing the employment of inmates in the penal and
reformatory institutions of the State for manufacturing materials and
machinery used in the construction and maintenance of State highways",
approved May 18, 1905, as amended.
"An Act to authorize the employment of convicts and prisoners in the
penal and reformatory institutions of the State of Illinois in the
preparation of road building materials and in working on the public roads,
etc.", approved June 28, 1913, as amended.
"An Act in relation to the Illinois State penitentiary", approved June
30, 1933, as amended.
"An Act concerning furloughs for qualified inmates of the State prison
system for certain purposes", approved July 31, 1969.
"An Act for the identification of habitual criminals", approved April
15, 1889, as amended.
"An Act to revise the law in relation to the fixing of the punishment
and the sentence and commitment of persons convicted of crime or offenses,
and providing for a system of parole", approved June 25, 1917, as amended.
"An Act in relation to the Illinois State Farm", approved June 27, 1923,
as amended.
Sections 5.11a, 6.05, 55a.1, 55a.2, 55b, 55c, 55c.1, 55d, 55e, 55f, 55g,
55h of "The Civil Administrative Code of Illinois", approved March 7, 1917,
as amended.
"An Act relating to the establishment, maintenance and operation of
certain transitional institutions by the Department of Corrections",
approved August 16, 1963, as amended.
"An Act to establish a professional apprentice system within the
Department of Corrections", approved August 16, 1963, as amended.
"An Act ratifying and approving the Interstate corrections compact and
providing for the administration thereof", approved August 4, 1971.
Public Act No. 77-358.
Public Act No. 77-359.
Public Act No. 77-365.
Public Act No. 77-366.
Public Act No. 77-367.
Public Act No. 77-368.
Public Act No. 77-432.
Public Act No. 77-448.
Public Act No. 77-449.
Public Act No. 77-451.
Public Act No. 77-453.
Public Act No. 77-454.
Public Act No. 77-455.
Public Act No. 77-458.
Public Act No. 77-651.
Public Act No. 77-661.
Public Act No. 77-768.
Public Act No. 77-1425.
(Source: P.A. 77-2097.)
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