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91_SB1112
LRB9104147LDmbD
1 AN ACT in relation to criminal penalties, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Metropolitan Transit Authority Act is
6 amended by changing Section 28b as follows:
7 (70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
8 Sec. 28b. Any person applying for a position as a driver
9 of a vehicle owned by a private carrier company which
10 provides public transportation pursuant to an agreement with
11 the Authority shall be required to authorize an investigation
12 by the private carrier company to determine if the applicant
13 has been convicted of any of the following offenses: (i)
14 those offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2,
15 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-14, 11-15,
16 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
17 11-20.1, 11-21, 11-22, 12-4.3, 12-4.4, 12-4.5, 12-6, 12-7.1,
18 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.1, 18-1,
19 18-2, 20-1, 20-1.1, 31A-1, 31A-1.1, and 33A-2, and in
20 subsection (a) and subsection (b), clause (1), of Section
21 12-4 of the Criminal Code of 1961 or any felony with an
22 additional and consecutive term of imprisonment imposed
23 pursuant to Section 5-5-3.3 of the Unified Code of
24 Corrections; (ii) those offenses defined in the Cannabis
25 Control Act except those offenses defined in subsections (a)
26 and (b) of Section 4, and subsection (a) of Section 5 of the
27 Cannabis Control Act (iii) those offenses defined in the
28 Illinois Controlled Substances Act; and (iv) any offense
29 committed or attempted in any other state or against the laws
30 of the United States, which if committed or attempted in this
31 State would be punishable as one or more of the foregoing
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1 offenses. Upon receipt of this authorization, the private
2 carrier company shall submit the applicant's name, sex, race,
3 date of birth, fingerprints and social security number to the
4 Department of State Police on forms prescribed by the
5 Department. The Department of State Police shall conduct an
6 investigation to ascertain if the applicant has been
7 convicted of any of the above enumerated offenses. The
8 Department shall charge the private carrier company a fee for
9 conducting the investigation, which fee shall be deposited in
10 the State Police Services Fund and shall not exceed the cost
11 of the inquiry; and the applicant shall not be charged a fee
12 for such investigation by the private carrier company. The
13 Department of State Police shall furnish, pursuant to
14 positive identification, records of convictions, until
15 expunged, to the private carrier company which requested the
16 investigation. A copy of the record of convictions obtained
17 from the Department shall be provided to the applicant. Any
18 record of conviction received by the private carrier company
19 shall be confidential. Any person who releases any
20 confidential information concerning any criminal convictions
21 of an applicant shall be guilty of a Class A misdemeanor,
22 unless authorized by this Section.
23 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
24 Section 10. The Illinois Vehicle Code is amended by
25 changing Section 6-106.1 as follows:
26 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
27 Sec. 6-106.1. School bus driver permit.
28 (a) The Secretary of State shall issue a school bus
29 driver permit to those applicants who have met all the
30 requirements of the application and screening process under
31 this Section to insure the welfare and safety of children who
32 are transported on school buses throughout the State of
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1 Illinois. Applicants shall obtain the proper application
2 required by the Secretary of State from their prospective or
3 current employer and submit the completed application to the
4 prospective or current employer along with the necessary
5 fingerprint submission as required by the Department of State
6 Police to conduct fingerprint based criminal background
7 checks on current and future information available in the
8 state system and current information available through the
9 Federal Bureau of Investigation's system. Applicants who
10 have completed the fingerprinting requirements shall not be
11 subjected to the fingerprinting process when applying for
12 subsequent permits or submitting proof of successful
13 completion of the annual refresher course. Individuals who
14 on the effective date of this Act possess a valid school bus
15 driver permit that has been previously issued by the
16 appropriate Regional School Superintendent are not subject to
17 the fingerprinting provisions of this Section as long as the
18 permit remains valid and does not lapse. The applicant shall
19 be required to pay all related application and fingerprinting
20 fees as established by rule including, but not limited to,
21 the amounts established by the Department of State Police and
22 the Federal Bureau of Investigation to process fingerprint
23 based criminal background investigations. All fees paid for
24 fingerprint processing services under this Section shall be
25 deposited into the State Police Services Fund for the cost
26 incurred in processing the fingerprint based criminal
27 background investigations. All other fees paid under this
28 Section shall be deposited into the Road Fund for the purpose
29 of defraying the costs of the Secretary of State in
30 administering this Section. All applicants must:
31 1. be 21 years of age or older;
32 2. possess a valid and properly classified driver's
33 license issued by the Secretary of State;
34 3. possess a valid driver's license, which has not
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1 been revoked or suspended, for 3 years immediately prior
2 to the date of application;
3 4. successfully pass a written test, administered
4 by the Secretary of State, on school bus operation,
5 school bus safety, and special traffic laws relating to
6 school buses and submit to a review of the applicant's
7 driving habits by the Secretary of State at the time the
8 written test is given;
9 5. demonstrate ability to exercise reasonable care
10 in the operation of school buses in accordance with rules
11 promulgated by the Secretary of State;
12 6. demonstrate physical fitness to operate school
13 buses by submitting the results of a medical examination,
14 including tests for drug use for each applicant not
15 subject to such testing pursuant to federal law,
16 conducted by a licensed physician within 90 days of the
17 date of application according to standards promulgated by
18 the Secretary of State;
19 7. affirm under penalties of perjury that he or she
20 has not made a false statement or knowingly concealed a
21 material fact in any application for permit;
22 8. have completed an initial classroom course,
23 including first aid procedures, in school bus driver
24 safety as promulgated by the Secretary of State; and
25 after satisfactory completion of said initial course an
26 annual refresher course; such courses and the agency or
27 organization conducting such courses shall be approved by
28 the Secretary of State; failure to complete the annual
29 refresher course, shall result in cancellation of the
30 permit until such course is completed;
31 9. not have been convicted of 2 or more serious
32 traffic offenses, as defined by rule, within one year
33 prior to the date of application that may endanger the
34 life or safety of any of the driver's passengers within
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1 the duration of the permit period;
2 10. not have been convicted of reckless driving,
3 driving while intoxicated, or reckless homicide resulting
4 from the operation of a motor vehicle within 3 years of
5 the date of application;
6 11. not have been convicted of committing or
7 attempting to commit any one or more of the following
8 offenses: (i) those offenses defined in Sections 9-1,
9 9-1.2, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6,
10 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 11-22, 12-4.3,
12 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14,
13 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 18-1, 18-2,
14 18-3, 18-4, 20-1, 20-1.1, 24-1, 24-1.1, 24-1.2, 31A-1,
15 31A-1.1, and 33A-2, and in subsection (a) and subsection
16 (b), clause (1), of Section 12-4 of the Criminal Code of
17 1961 or any felony with an additional and consecutive
18 term of imprisonment imposed pursuant to Section 5-5-3.3
19 of the Unified Code of Corrections; (ii) those offenses
20 defined in the Cannabis Control Act except those offenses
21 defined in subsections (a) and (b) of Section 4, and
22 subsection (a) of Section 5 of the Cannabis Control Act;
23 (iii) those offenses defined in the Illinois Controlled
24 Substances Act; (iv) any offense committed or attempted
25 in any other state or against the laws of the United
26 States, which if committed or attempted in this State
27 would be punishable as one or more of the foregoing
28 offenses; (v) the offenses defined in Section 4.1 and 5.1
29 of the Wrongs to Children Act and (vi) those offenses
30 defined in Section 6-16 of the Liquor Control Act of
31 1934;
32 12. not have been repeatedly involved as a driver
33 in motor vehicle collisions or been repeatedly convicted
34 of offenses against laws and ordinances regulating the
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1 movement of traffic, to a degree which indicates lack of
2 ability to exercise ordinary and reasonable care in the
3 safe operation of a motor vehicle or disrespect for the
4 traffic laws and the safety of other persons upon the
5 highway;
6 13. not have, through the unlawful operation of a
7 motor vehicle, caused an accident resulting in the death
8 of any person; and
9 14. not have, within the last 5 years, been
10 adjudged to be afflicted with or suffering from any
11 mental disability or disease.
12 (b) A school bus driver permit shall be valid for a
13 period specified by the Secretary of State as set forth by
14 rule. It shall be renewable upon compliance with subsection
15 (a) of this Section.
16 (c) A school bus driver permit shall contain the
17 holder's driver's license number, name, address, zip code,
18 social security number and date of birth, a brief description
19 of the holder and a space for signature. The Secretary of
20 State may require a suitable photograph of the holder.
21 (d) The employer shall be responsible for conducting a
22 pre-employment interview with prospective school bus driver
23 candidates, distributing school bus driver applications and
24 medical forms to be completed by the applicant, and
25 submitting the applicant's fingerprint cards to the
26 Department of State Police that are required for the criminal
27 background investigations. The employer shall certify in
28 writing to the Secretary of State that all pre-employment
29 conditions have been successfully completed including the
30 successful completion of an Illinois specific criminal
31 background investigation through the Department of State
32 Police and the submission of necessary fingerprints to the
33 Federal Bureau of Investigation for criminal history
34 information available through the Federal Bureau of
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1 Investigation system. The applicant shall present the
2 certification to the Secretary of State at the time of
3 submitting the school bus driver permit application.
4 (e) Permits shall initially be provisional upon
5 receiving certification from the employer that all
6 pre-employment conditions have been successfully completed,
7 and upon successful completion of all training and
8 examination requirements for the classification of the
9 vehicle to be operated, the Secretary of State shall
10 provisionally issue a School Bus Driver Permit. The permit
11 shall remain in a provisional status pending the completion
12 of the Federal Bureau of Investigation's criminal background
13 investigation based upon fingerprinting specimens submitted
14 to the Federal Bureau of Investigation by the Department of
15 State Police. The Federal Bureau of Investigation shall
16 report the findings directly to the Secretary of State. The
17 Secretary of State shall remove the bus driver permit from
18 provisional status upon the applicant's successful completion
19 of the Federal Bureau of Investigation's criminal background
20 investigation.
21 (f) A school bus driver permit holder shall notify the
22 employer and the Secretary of State if he or she is convicted
23 in another state of an offense that would make him or her
24 ineligible for a permit under subsection (a) of this Section.
25 The written notification shall be made within 5 days of the
26 entry of the conviction. Failure of the permit holder to
27 provide the notification is punishable as a petty offense for
28 a first violation and a Class B misdemeanor for a second or
29 subsequent violation.
30 (g) Cancellation; suspension; notice and procedure.
31 (1) The Secretary of State shall cancel a school
32 bus driver permit of an applicant whose criminal
33 background investigation discloses that he or she is not
34 in compliance with the provisions of subsection (a) of
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1 this Section.
2 (2) The Secretary of State shall cancel a school
3 bus driver permit when he or she receives notice that the
4 permit holder fails to comply with any provision of this
5 Section or any rule promulgated for the administration of
6 this Section.
7 (3) The Secretary of State shall cancel a school
8 bus driver permit if the permit holder's restricted
9 commercial or commercial driving privileges are withdrawn
10 or otherwise invalidated.
11 (4) The Secretary of State may not issue a school
12 bus driver permit for a period of 3 years to an applicant
13 who fails to obtain a negative result on a drug test as
14 required in item 6 of subsection (a) of this Section or
15 under federal law.
16 (5) The Secretary of State shall forthwith suspend
17 a school bus driver permit for a period of 3 years upon
18 receiving notice that the holder has failed to obtain a
19 negative result on a drug test as required in item 6 of
20 subsection (a) of this Section or under federal law.
21 The Secretary of State shall notify the State
22 Superintendent of Education and the permit holder's
23 prospective or current employer that the applicant has (1)
24 has failed a criminal background investigation or (2) is no
25 longer eligible for a school bus driver permit; and of the
26 related cancellation of the applicant's provisional school
27 bus driver permit. The cancellation shall remain in effect
28 pending the outcome of a hearing pursuant to Section 2-118
29 of this Code. The scope of the hearing shall be limited to
30 the issuance criteria contained in subsection (a) of this
31 Section. A petition requesting a hearing shall be submitted
32 to the Secretary of State and shall contain the reason the
33 individual feels he or she is entitled to a school bus driver
34 permit. The permit holder's employer shall notify in writing
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1 to the Secretary of State that the employer has certified the
2 removal of the offending school bus driver from service prior
3 to the start of that school bus driver's next workshift. An
4 employing school board that fails to remove the offending
5 school bus driver from service is subject to the penalties
6 defined in Section 3-14.23 of the School Code. A school bus
7 contractor who violates a provision of this Section is
8 subject to the penalties defined in Section 6-106.11.
9 All valid school bus driver permits issued under this
10 Section prior to January 1, 1995, shall remain effective
11 until their expiration date unless otherwise invalidated.
12 (Source: P.A. 89-71, eff. 1-1-96; 89-120, eff. 7-7-95;
13 89-375, eff. 8-18-95; 89-428, eff. 12-13-95; 89-462, eff.
14 5-29-96; 89-626, eff. 8-9-96; 90-191, eff. 1-1-98.)
15 Section 15. The Juvenile Court Act of 1987 is amended by
16 changing Section 5-805 as follows:
17 (705 ILCS 405/5-805)
18 Sec. 5-805. Transfer of jurisdiction.
19 (1) Mandatory transfers.
20 (a) If a petition alleges commission by a minor 15
21 years of age or older of an act that constitutes a
22 forcible felony under the laws of this State, and if a
23 motion by the State's Attorney to prosecute the minor
24 under the criminal laws of Illinois for the alleged
25 forcible felony alleges that (i) the minor has previously
26 been adjudicated delinquent or found guilty for
27 commission of an act that constitutes a felony under the
28 laws of this State or any other state and (ii) the act
29 that constitutes the offense was committed in furtherance
30 of criminal activity by an organized gang, the Juvenile
31 Judge assigned to hear and determine those motions shall,
32 upon determining that there is probable cause that both
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1 allegations are true, enter an order permitting
2 prosecution under the criminal laws of Illinois.
3 (b) If a petition alleges commission by a minor 15
4 years of age or older of an act that constitutes a felony
5 under the laws of this State, and if a motion by a
6 State's Attorney to prosecute the minor under the
7 criminal laws of Illinois for the alleged felony alleges
8 that (i) the minor has previously been adjudicated
9 delinquent or found guilty for commission of an act that
10 constitutes a forcible felony under the laws of this
11 State or any other state and (ii) the act that
12 constitutes the offense was committed in furtherance of
13 criminal activities by an organized gang, the Juvenile
14 Judge assigned to hear and determine those motions shall,
15 upon determining that there is probable cause that both
16 allegations are true, enter an order permitting
17 prosecution under the criminal laws of Illinois.
18 (c) If a petition alleges commission by a minor 15
19 years of age or older of: (i) an act that constitutes an
20 offense enumerated in the presumptive transfer provisions
21 of subsection (2); and (ii) the minor has previously been
22 adjudicated delinquent or found guilty of a forcible
23 felony, the Juvenile Judge designated to hear and
24 determine those motions shall, upon determining that
25 there is probable cause that both allegations are true,
26 enter an order permitting prosecution under the criminal
27 laws of Illinois.
28 (2) Presumptive transfer.
29 (a) If the State's Attorney files a petition, at
30 any time prior to commencement of the minor's trial, to
31 permit prosecution under the criminal laws and the
32 petition alleges the commission by a minor 15 years of
33 age or older of: (i) a Class X felony other than armed
34 violence; (ii) aggravated discharge of a firearm; (iii)
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1 armed violence with a firearm when the predicate offense
2 is a Class 1 or Class 2 felony, or a felony subject to an
3 additional and consecutive term of imprisonment imposed
4 pursuant to Section 5-5-3.3 of the Unified Code of
5 Corrections for armed violence with a firearm and the
6 State's Attorney's motion to transfer the case alleges
7 that the offense committed is in furtherance of the
8 criminal activities of an organized gang; (iv) armed
9 violence with a firearm when the predicate offense is a
10 violation of the Illinois Controlled Substances Act or a
11 violation of the Cannabis Control Act, or a violation of
12 the Illinois Controlled Substances Act or a felony
13 violation of the Cannabis Control Act subject to an
14 additional and consecutive term of imprisonment imposed
15 pursuant to Section 5-5-3.3 of the Unified Code of
16 Corrections for armed violence with a firearm; (v) a
17 felony subject to an additional and consecutive term of
18 imprisonment imposed pursuant to Section 5-5-3.3 of the
19 Unified Code of Corrections for armed violence with a
20 firearm or armed violence when the weapon involved was a
21 machine gun or other weapon described in subsection
22 (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
23 if the juvenile judge assigned to hear and determine
24 motions to transfer a case for prosecution in the
25 criminal court determines that there is probable cause to
26 believe that the allegations in the petition and motion
27 are true, there is a rebuttable presumption that the
28 minor is not a fit and proper subject to be dealt with
29 under the Juvenile Justice Reform Provisions of 1998
30 (Public Act 90-590), and that, except as provided in
31 paragraph (b), the case should be transferred to the
32 criminal court.
33 (b) The judge shall enter an order permitting
34 prosecution under the criminal laws of Illinois unless
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1 the judge makes a finding based on clear and convincing
2 evidence that the minor would be amenable to the care,
3 treatment, and training programs available through the
4 facilities of the juvenile court based on an evaluation
5 of the following:
6 (i) The seriousness of the alleged offense;
7 (ii) The minor's history of delinquency;
8 (iii) The age of the minor;
9 (iv) The culpability of the minor in committing
10 the alleged offense;
11 (v) Whether the offense was committed in an
12 aggressive or premeditated manner;
13 (vi) Whether the minor used or possessed a deadly
14 weapon when committing the alleged offense;
15 (vii) The minor's history of services, including
16 the minor's willingness to participate meaningfully in
17 available services;
18 (viii) Whether there is a reasonable likelihood that
19 the minor can be rehabilitated before the expiration of
20 the juvenile court's jurisdiction;
21 (ix) The adequacy of the punishment or services
22 available in the juvenile justice system.
23 In considering these factors, the court shall give
24 greater weight to the seriousness of the alleged offense and
25 the minor's prior record of delinquency than to the other
26 factors listed in this subsection.
27 (3) Discretionary transfer.
28 (a) If a petition alleges commission by a minor 13
29 years of age or over of an act that constitutes a crime
30 under the laws of this State and, on motion of the
31 State's Attorney to permit prosecution of the minor under
32 the criminal laws, a Juvenile Judge assigned by the Chief
33 Judge of the Circuit to hear and determine those motions,
34 after hearing but before commencement of the trial, finds
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1 that there is probable cause to believe that the
2 allegations in the motion are true and that it is not in
3 the best interests of the public to proceed under this
4 Act, the court may enter an order permitting prosecution
5 under the criminal laws.
6 (b) In making its determination on the motion to
7 permit prosecution under the criminal laws, the court
8 shall consider among other matters:
9 (i) The seriousness of the alleged offense;
10 (ii) The minor's history of delinquency;
11 (iii) The age of the minor;
12 (iv) The culpability of the minor in committing the
13 alleged offense;
14 (v) Whether the offense was committed in an
15 aggressive or premeditated manner;
16 (vi) Whether the minor used or possessed a deadly
17 weapon when committing the alleged offense;
18 (vii) The minor's history of services, including
19 the minor's willingness to participate meaningfully in
20 available services;
21 (viii) The adequacy of the punishment or services
22 available in the juvenile justice system.
23 In considering these factors, the court shall give
24 greater weight to the seriousness of the alleged offense and
25 the minor's prior record of delinquency than to the other
26 factors listed in this subsection.
27 (4) The rules of evidence for this hearing shall be the
28 same as under Section 5-705 of this Act. A minor must be
29 represented in court by counsel before the hearing may be
30 commenced.
31 (5) If criminal proceedings are instituted, the petition
32 for adjudication of wardship shall be dismissed insofar as
33 the act or acts involved in the criminal proceedings. Taking
34 of evidence in a trial on petition for adjudication of
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1 wardship is a bar to criminal proceedings based upon the
2 conduct alleged in the petition.
3 (Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)
4 Section 20. The Unified Code of Corrections is amended
5 by changing Sections 3-2-2, 3-6-3, 5-4-1, 5-5-3, and 5-8-4
6 and adding Section 5-5-3.3 as follows:
7 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
8 Sec. 3-2-2. Powers and Duties of the Department.
9 (1) In addition to the powers, duties and
10 responsibilities which are otherwise provided by law, the
11 Department shall have the following powers:
12 (a) To accept persons committed to it by the courts
13 of this State for care, custody, treatment and
14 rehabilitation.
15 (b) To develop and maintain reception and
16 evaluation units for purposes of analyzing the custody
17 and rehabilitation needs of persons committed to it and
18 to assign such persons to institutions and programs under
19 its control or transfer them to other appropriate
20 agencies. In consultation with the Department of
21 Alcoholism and Substance Abuse (now the Department of
22 Human Services), the Department of Corrections shall
23 develop a master plan for the screening and evaluation of
24 persons committed to its custody who have alcohol or drug
25 abuse problems, and for making appropriate treatment
26 available to such persons; the Department shall report to
27 the General Assembly on such plan not later than April 1,
28 1987. The maintenance and implementation of such plan
29 shall be contingent upon the availability of funds.
30 (b-5) To develop, in consultation with the
31 Department of State Police, a program for tracking and
32 evaluating each inmate from commitment through release
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1 for recording his or her gang affiliations, activities,
2 or ranks.
3 (c) To maintain and administer all State
4 correctional institutions and facilities under its
5 control and to establish new ones as needed. Pursuant to
6 its power to establish new institutions and facilities,
7 the Department may, with the written approval of the
8 Governor, authorize the Department of Central Management
9 Services to enter into an agreement of the type described
10 in subsection (d) of Section 67.02 of the Civil
11 Administrative Code of Illinois. The Department shall
12 designate those institutions which shall constitute the
13 State Penitentiary System.
14 Pursuant to its power to establish new institutions
15 and facilities, the Department may authorize the
16 Department of Central Management Services to accept bids
17 from counties and municipalities for the construction,
18 remodeling or conversion of a structure to be leased to
19 the Department of Corrections for the purposes of its
20 serving as a correctional institution or facility. Such
21 construction, remodeling or conversion may be financed
22 with revenue bonds issued pursuant to the Industrial
23 Building Revenue Bond Act by the municipality or county.
24 The lease specified in a bid shall be for a term of not
25 less than the time needed to retire any revenue bonds
26 used to finance the project, but not to exceed 40 years.
27 The lease may grant to the State the option to purchase
28 the structure outright.
29 Upon receipt of the bids, the Department may certify
30 one or more of the bids and shall submit any such bids to
31 the General Assembly for approval. Upon approval of a
32 bid by a constitutional majority of both houses of the
33 General Assembly, pursuant to joint resolution, the
34 Department of Central Management Services may enter into
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1 an agreement with the county or municipality pursuant to
2 such bid.
3 (c-5) To build and maintain regional juvenile
4 detention centers and to charge a per diem to the
5 counties as established by the Department to defray the
6 costs of housing each minor in a center. In this
7 subsection (c-5), "juvenile detention center" means a
8 facility to house minors during pendency of trial who
9 have been transferred from proceedings under the Juvenile
10 Court Act of 1987 to prosecutions under the criminal laws
11 of this State in accordance with Section 5-805 of the
12 Juvenile Court Act of 1987, whether the transfer was by
13 operation of law or permissive under that Section. The
14 Department shall designate the counties to be served by
15 each regional juvenile detention center.
16 (d) To develop and maintain programs of control,
17 rehabilitation and employment of committed persons within
18 its institutions.
19 (e) To establish a system of supervision and
20 guidance of committed persons in the community.
21 (f) To establish in cooperation with the Department
22 of Transportation to supply a sufficient number of
23 prisoners for use by the Department of Transportation to
24 clean up the trash and garbage along State, county,
25 township, or municipal highways as designated by the
26 Department of Transportation. The Department of
27 Corrections, at the request of the Department of
28 Transportation, shall furnish such prisoners at least
29 annually for a period to be agreed upon between the
30 Director of Corrections and the Director of
31 Transportation. The prisoners used on this program shall
32 be selected by the Director of Corrections on whatever
33 basis he deems proper in consideration of their term,
34 behavior and earned eligibility to participate in such
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1 program - where they will be outside of the prison
2 facility but still in the custody of the Department of
3 Corrections. Prisoners convicted of first degree murder,
4 or a Class X felony, or armed violence, or an offense
5 with an additional and consecutive term of imprisonment
6 imposed pursuant to Section 5-5-3.3 of the Unified Code
7 of Corrections, or aggravated kidnapping, or criminal
8 sexual assault, aggravated criminal sexual abuse or a
9 subsequent conviction for criminal sexual abuse, or
10 forcible detention, or arson, or a prisoner adjudged a
11 Habitual Criminal shall not be eligible for selection to
12 participate in such program. The prisoners shall remain
13 as prisoners in the custody of the Department of
14 Corrections and such Department shall furnish whatever
15 security is necessary. The Department of Transportation
16 shall furnish trucks and equipment for the highway
17 cleanup program and personnel to supervise and direct the
18 program. Neither the Department of Corrections nor the
19 Department of Transportation shall replace any regular
20 employee with a prisoner.
21 (g) To maintain records of persons committed to it
22 and to establish programs of research, statistics and
23 planning.
24 (h) To investigate the grievances of any person
25 committed to the Department, to inquire into any alleged
26 misconduct by employees or committed persons, and to
27 investigate the assets of committed persons to implement
28 Section 3-7-6 of this Code; and for these purposes it may
29 issue subpoenas and compel the attendance of witnesses
30 and the production of writings and papers, and may
31 examine under oath any witnesses who may appear before
32 it; to also investigate alleged violations of a parolee's
33 or releasee's conditions of parole or release; and for
34 this purpose it may issue subpoenas and compel the
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1 attendance of witnesses and the production of documents
2 only if there is reason to believe that such procedures
3 would provide evidence that such violations have
4 occurred.
5 If any person fails to obey a subpoena issued under
6 this subsection, the Director may apply to any circuit
7 court to secure compliance with the subpoena. The
8 failure to comply with the order of the court issued in
9 response thereto shall be punishable as contempt of
10 court.
11 (i) To appoint and remove the chief administrative
12 officers, and administer programs of training and
13 development of personnel of the Department. Personnel
14 assigned by the Department to be responsible for the
15 custody and control of committed persons or to
16 investigate the alleged misconduct of committed persons
17 or employees or alleged violations of a parolee's or
18 releasee's conditions of parole shall be conservators of
19 the peace for those purposes, and shall have the full
20 power of peace officers outside of the facilities of the
21 Department in the protection, arrest, retaking and
22 reconfining of committed persons or where the exercise of
23 such power is necessary to the investigation of such
24 misconduct or violations.
25 (j) To cooperate with other departments and
26 agencies and with local communities for the development
27 of standards and programs for better correctional
28 services in this State.
29 (k) To administer all moneys and properties of the
30 Department.
31 (l) To report annually to the Governor on the
32 committed persons, institutions and programs of the
33 Department.
34 (l-5) In a confidential annual report to the
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1 Governor, the Department shall identify all inmate gangs
2 by specifying each current gang's name, population and
3 allied gangs. The Department shall further specify the
4 number of top leaders identified by the Department for
5 each gang during the past year, and the measures taken by
6 the Department to segregate each leader from his or her
7 gang and allied gangs. The Department shall further
8 report the current status of leaders identified and
9 segregated in previous years. All leaders described in
10 the report shall be identified by inmate number or other
11 designation to enable tracking, auditing, and
12 verification without revealing the names of the leaders.
13 Because this report contains law enforcement intelligence
14 information collected by the Department, the report is
15 confidential and not subject to public disclosure.
16 (m) To make all rules and regulations and exercise
17 all powers and duties vested by law in the Department.
18 (n) To establish rules and regulations for
19 administering a system of good conduct credits,
20 established in accordance with Section 3-6-3, subject to
21 review by the Prisoner Review Board.
22 (o) To administer the distribution of funds from
23 the State Treasury to reimburse counties where State
24 penal institutions are located for the payment of
25 assistant state's attorneys' salaries under Section
26 4-2001 of the Counties Code.
27 (p) To exchange information with the Department of
28 Human Services and the Illinois Department of Public Aid
29 for the purpose of verifying living arrangements and for
30 other purposes directly connected with the administration
31 of this Code and the Illinois Public Aid Code.
32 (q) To establish a diversion program.
33 The program shall provide a structured environment
34 for selected technical parole or mandatory supervised
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1 release violators and committed persons who have violated
2 the rules governing their conduct while in work release.
3 This program shall not apply to those persons who have
4 committed a new offense while serving on parole or
5 mandatory supervised release or while committed to work
6 release.
7 Elements of the program shall include, but shall not
8 be limited to, the following:
9 (1) The staff of a diversion facility shall
10 provide supervision in accordance with required
11 objectives set by the facility.
12 (2) Participants shall be required to maintain
13 employment.
14 (3) Each participant shall pay for room and
15 board at the facility on a sliding-scale basis
16 according to the participant's income.
17 (4) Each participant shall:
18 (A) provide restitution to victims in
19 accordance with any court order;
20 (B) provide financial support to his
21 dependents; and
22 (C) make appropriate payments toward any
23 other court-ordered obligations.
24 (5) Each participant shall complete community
25 service in addition to employment.
26 (6) Participants shall take part in such
27 counseling, educational and other programs as the
28 Department may deem appropriate.
29 (7) Participants shall submit to drug and
30 alcohol screening.
31 (8) The Department shall promulgate rules
32 governing the administration of the program.
33 (r) To enter into intergovernmental cooperation
34 agreements under which persons in the custody of the
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1 Department may participate in a county impact
2 incarceration program established under Section 3-6038 or
3 3-15003.5 of the Counties Code.
4 (r-5) To enter into intergovernmental cooperation
5 agreements under which minors adjudicated delinquent and
6 committed to the Department of Corrections, Juvenile
7 Division, may participate in a county juvenile impact
8 incarceration program established under Section 3-6039 of
9 the Counties Code.
10 (r-10) To systematically and routinely identify
11 with respect to each streetgang active within the
12 correctional system: (1) each active gang; (2) every
13 existing inter-gang affiliation or alliance; and (3) the
14 current leaders in each gang. The Department shall
15 promptly segregate leaders from inmates who belong to
16 their gangs and allied gangs. "Segregate" means no
17 physical contact and, to the extent possible under the
18 conditions and space available at the correctional
19 facility, prohibition of visual and sound communication.
20 For the purposes of this paragraph (r-10), "leaders"
21 means persons who:
22 (i) are members of a criminal streetgang;
23 (ii) with respect to other individuals within
24 the streetgang, occupy a position of organizer,
25 supervisor, or other position of management or
26 leadership; and
27 (iii) are actively and personally engaged in
28 directing, ordering, authorizing, or requesting
29 commission of criminal acts by others, which are
30 punishable as a felony, in furtherance of streetgang
31 related activity both within and outside of the
32 Department of Corrections.
33 "Streetgang", "gang", and "streetgang related" have the
34 meanings ascribed to them in Section 10 of the Illinois
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1 Streetgang Terrorism Omnibus Prevention Act.
2 (s) To operate a super-maximum security
3 institution, in order to manage and supervise inmates who
4 are disruptive or dangerous and provide for the safety
5 and security of the staff and the other inmates.
6 (t) To monitor any unprivileged conversation or any
7 unprivileged communication, whether in person or by
8 mail, telephone, or other means, between an inmate who,
9 before commitment to the Department, was a member of an
10 organized gang and any other person without the need to
11 show cause or satisfy any other requirement of law before
12 beginning the monitoring, except as constitutionally
13 required. The monitoring may be by video, voice, or other
14 method of recording or by any other means. As used in
15 this subdivision (1)(t), "organized gang" has the meaning
16 ascribed to it in Section 10 of the Illinois Streetgang
17 Terrorism Omnibus Prevention Act.
18 As used in this subdivision (1)(t), "unprivileged
19 conversation" or "unprivileged communication" means a
20 conversation or communication that is not protected by
21 any privilege recognized by law or by decision, rule, or
22 order of the Illinois Supreme Court.
23 (u) To establish a Women's and Children's
24 Pre-release Community Supervision Program for the purpose
25 of providing housing and services to eligible female
26 inmates, as determined by the Department, and their
27 newborn and young children.
28 (v) To do all other acts necessary to carry out the
29 provisions of this Chapter.
30 (2) The Department of Corrections shall by January 1,
31 1998, consider building and operating a correctional facility
32 within 100 miles of a county of over 2,000,000 inhabitants,
33 especially a facility designed to house juvenile participants
34 in the impact incarceration program.
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1 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
2 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
3 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
4 eff. 12-31-96; 90-14, eff. 7-1-97; 90-590, eff. 1-1-99;
5 90-658, eff. 1-1-99; revised 9-16-98.)
6 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
7 Sec. 3-6-3. Rules and Regulations for Early Release.
8 (a)(1) The Department of Corrections shall
9 prescribe rules and regulations for the early release on
10 account of good conduct of persons committed to the
11 Department which shall be subject to review by the
12 Prisoner Review Board.
13 (2) The rules and regulations on early release
14 shall provide, with respect to offenses committed on or
15 after June 19, 1998 the effective date of this amendatory
16 Act of 1998, the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder shall receive
19 no good conduct credit and shall serve the entire
20 sentence imposed by the court;
21 (ii) that a prisoner serving a sentence for
22 attempt to commit first degree murder, solicitation
23 of murder, solicitation of murder for hire,
24 intentional homicide of an unborn child, predatory
25 criminal sexual assault of a child, aggravated
26 criminal sexual assault, criminal sexual assault,
27 aggravated kidnapping, aggravated battery with a
28 firearm, heinous battery, aggravated battery of a
29 senior citizen, or aggravated battery of a child
30 shall receive no more than 4.5 days of good conduct
31 credit for each month of his or her sentence of
32 imprisonment; and
33 (iii) that a prisoner serving a sentence for
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1 home invasion, armed robbery, aggravated vehicular
2 hijacking, aggravated discharge of a firearm, or
3 armed violence with a category I weapon or category
4 II weapon, when the court has made and entered a
5 finding, pursuant to subsection (c-1) of Section
6 5-4-1 of this Code, that the conduct leading to
7 conviction for the enumerated offense resulted in
8 great bodily harm to a victim, shall receive no more
9 than 4.5 days of good conduct credit for each month
10 of his or her sentence of imprisonment.
11 (2.1) For all offenses, other than those enumerated
12 in subdivision (a)(2) committed on or after June 19, 1998
13 the effective date of this amendatory Act of 1998, and
14 other than the offense of reckless homicide as defined in
15 subsection (e) of Section 9-3 of the Criminal Code of
16 1961 committed on or after January 1, 1999, the rules and
17 regulations shall provide that a prisoner who is serving
18 a term of imprisonment shall receive one day of good
19 conduct credit for each day of his or her sentence of
20 imprisonment or recommitment under Section 3-3-9. Each
21 day of good conduct credit shall reduce by one day the
22 prisoner's period of imprisonment or recommitment under
23 Section 3-3-9.
24 (2.2) A prisoner serving a term of natural life
25 imprisonment or a prisoner who has been sentenced to
26 death shall receive no good conduct credit.
27 (2.3) The rules and regulations on early release
28 shall provide that a prisoner who is serving a sentence
29 for reckless homicide as defined in subsection (e) of
30 Section 9-3 of the Criminal Code of 1961 committed on or
31 after January 1, 1999 shall receive no more than 4.5 days
32 of good conduct credit for each month of his or her
33 sentence of imprisonment.
34 (2.4) The rules and regulations on early release
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1 shall provide that:
2 (i) for an offense enumerated in subdivision
3 (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this
4 Section that was committed on or after January 1,
5 2000, a prisoner serving an additional and
6 consecutive term of imprisonment imposed pursuant to
7 subsection (c) of Section 5-5-3.3 of the Unified
8 Code of Corrections shall receive no more than the
9 good conduct credit set forth for the enumerated
10 offense;
11 (ii) for an offense not enumerated in
12 subdivision (a)(2)(i), (a)(2)(ii), or (a)(2)(iii)
13 that was committed on or after January 1, 2000, a
14 prisoner serving an additional and consecutive term
15 of imprisonment imposed pursuant to paragraph (4) of
16 subsection (c) of Section 5-5-3.3 of the Unified
17 Code of Corrections shall receive no more than 4.5
18 days of good conduct credit for each month of that
19 additional and consecutive sentence of imprisonment;
20 and
21 (iii) for an offense not enumerated in
22 subdivision (a)(2)(i), (a)(2)(ii), or (a)(2)(iii)
23 that was committed on or after January 1, 2000, a
24 prisoner serving an additional and consecutive term
25 of imprisonment imposed pursuant to a provision of
26 subsection (c) of Section 5-5-3.3 of the Unified
27 Code of Corrections other than paragraph (4) shall
28 receive good conduct credit for that additional and
29 consecutive sentence of imprisonment at the rate
30 provided under subdivision (a)(2.1) of this Section.
31
32 (3) The rules and regulations shall also provide
33 that the Director may award up to 180 days additional
34 good conduct credit for meritorious service in specific
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1 instances as the Director deems proper; except that no
2 more than 90 days of good conduct credit for meritorious
3 service shall be awarded to any prisoner who is serving a
4 sentence for conviction of first degree murder, reckless
5 homicide while under the influence of alcohol or any
6 other drug, aggravated kidnapping, kidnapping, predatory
7 criminal sexual assault of a child, aggravated criminal
8 sexual assault, criminal sexual assault, deviate sexual
9 assault, aggravated criminal sexual abuse, aggravated
10 indecent liberties with a child, indecent liberties with
11 a child, child pornography, heinous battery, aggravated
12 battery of a spouse, aggravated battery of a spouse with
13 a firearm, stalking, aggravated stalking, aggravated
14 battery of a child, endangering the life or health of a
15 child, cruelty to a child, or narcotic racketeering.
16 Notwithstanding the foregoing, good conduct credit for
17 meritorious service shall not be awarded on a sentence of
18 imprisonment imposed for conviction of: (i) one of the
19 offenses enumerated in subdivision (a)(2) when the
20 offense is committed on or after June 19, 1998 or (ii)
21 reckless homicide as defined in subsection (e) of Section
22 9-3 of the Criminal Code of 1961 when the offense is
23 committed on or after January 1, 1999 the effective date
24 of this amendatory Act of 1998.
25 (4) The rules and regulations shall also provide
26 that the good conduct credit accumulated and retained
27 under paragraph (2.1) of subsection (a) of this Section
28 by any inmate during specific periods of time in which
29 such inmate is engaged full-time in substance abuse
30 programs, correctional industry assignments, or
31 educational programs provided by the Department under
32 this paragraph (4) and satisfactorily completes the
33 assigned program as determined by the standards of the
34 Department, shall be multiplied by a factor of 1.25 for
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1 program participation before August 11, 1993 and 1.50 for
2 program participation on or after that date. However, no
3 inmate shall be eligible for the additional good conduct
4 credit under this paragraph (4) while assigned to a boot
5 camp, mental health unit, or electronic detention, or if
6 convicted of an offense enumerated in paragraph (a)(2) of
7 this Section that is committed on or after June 19, 1998
8 the effective date of this amendatory Act of 1998, or if
9 convicted of reckless homicide as defined in subsection
10 (e) of Section 9-3 of the Criminal Code of 1961 if the
11 offense is committed on or after January 1, 1999, or
12 first degree murder, a Class X felony, criminal sexual
13 assault, felony criminal sexual abuse, aggravated
14 criminal sexual abuse, aggravated battery with a firearm,
15 or any predecessor or successor offenses with the same or
16 substantially the same elements, or any inchoate offenses
17 relating to the foregoing offenses. No inmate shall be
18 eligible for the additional good conduct credit under
19 this paragraph (4) who (i) has previously received
20 increased good conduct credit under this paragraph (4)
21 and has subsequently been convicted of a felony, or (ii)
22 has previously served more than one prior sentence of
23 imprisonment for a felony in an adult correctional
24 facility.
25 Educational, vocational, substance abuse and
26 correctional industry programs under which good conduct
27 credit may be increased under this paragraph (4) shall be
28 evaluated by the Department on the basis of documented
29 standards. The Department shall report the results of
30 these evaluations to the Governor and the General
31 Assembly by September 30th of each year. The reports
32 shall include data relating to the recidivism rate among
33 program participants.
34 Availability of these programs shall be subject to
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1 the limits of fiscal resources appropriated by the
2 General Assembly for these purposes. Eligible inmates
3 who are denied immediate admission shall be placed on a
4 waiting list under criteria established by the
5 Department. The inability of any inmate to become engaged
6 in any such programs by reason of insufficient program
7 resources or for any other reason established under the
8 rules and regulations of the Department shall not be
9 deemed a cause of action under which the Department or
10 any employee or agent of the Department shall be liable
11 for damages to the inmate.
12 (5) Whenever the Department is to release any
13 inmate earlier than it otherwise would because of a grant
14 of good conduct credit for meritorious service given at
15 any time during the term, the Department shall give
16 reasonable advance notice of the impending release to the
17 State's Attorney of the county where the prosecution of
18 the inmate took place.
19 (b) Whenever a person is or has been committed under
20 several convictions, with separate sentences, the sentences
21 shall be construed under Section 5-8-4 in granting and
22 forfeiting of good time.
23 (c) The Department shall prescribe rules and regulations
24 for revoking good conduct credit, or suspending or reducing
25 the rate of accumulation of good conduct credit for specific
26 rule violations, during imprisonment. These rules and
27 regulations shall provide that no inmate may be penalized
28 more than one year of good conduct credit for any one
29 infraction.
30 When the Department seeks to revoke, suspend or reduce
31 the rate of accumulation of any good conduct credits for an
32 alleged infraction of its rules, it shall bring charges
33 therefor against the prisoner sought to be so deprived of
34 good conduct credits before the Prisoner Review Board as
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1 provided in subparagraph (a)(4) of Section 3-3-2 of this
2 Code, if the amount of credit at issue exceeds 30 days or
3 when during any 12 month period, the cumulative amount of
4 credit revoked exceeds 30 days except where the infraction is
5 committed or discovered within 60 days of scheduled release.
6 In those cases, the Department of Corrections may revoke up
7 to 30 days of good conduct credit. The Board may subsequently
8 approve the revocation of additional good conduct credit, if
9 the Department seeks to revoke good conduct credit in excess
10 of 30 days. However, the Board shall not be empowered to
11 review the Department's decision with respect to the loss of
12 30 days of good conduct credit within any calendar year for
13 any prisoner or to increase any penalty beyond the length
14 requested by the Department.
15 The Director of the Department of Corrections, in
16 appropriate cases, may restore up to 30 days good conduct
17 credits which have been revoked, suspended or reduced. Any
18 restoration of good conduct credits in excess of 30 days
19 shall be subject to review by the Prisoner Review Board.
20 However, the Board may not restore good conduct credit in
21 excess of the amount requested by the Director.
22 Nothing contained in this Section shall prohibit the
23 Prisoner Review Board from ordering, pursuant to Section
24 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
25 the sentence imposed by the court that was not served due to
26 the accumulation of good conduct credit.
27 (d) If a lawsuit is filed by a prisoner in an Illinois
28 or federal court against the State, the Department of
29 Corrections, or the Prisoner Review Board, or against any of
30 their officers or employees, and the court makes a specific
31 finding that a pleading, motion, or other paper filed by the
32 prisoner is frivolous, the Department of Corrections shall
33 conduct a hearing to revoke up to 180 days of good conduct
34 credit by bringing charges against the prisoner sought to be
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1 deprived of the good conduct credits before the Prisoner
2 Review Board as provided in subparagraph (a)(8) of Section
3 3-3-2 of this Code. If the prisoner has not accumulated 180
4 days of good conduct credit at the time of the finding, then
5 the Prisoner Review Board may revoke all good conduct credit
6 accumulated by the prisoner.
7 For purposes of this subsection (d):
8 (1) "Frivolous" means that a pleading, motion, or
9 other filing which purports to be a legal document filed
10 by a prisoner in his or her lawsuit meets any or all of
11 the following criteria:
12 (A) it lacks an arguable basis either in law
13 or in fact;
14 (B) it is being presented for any improper
15 purpose, such as to harass or to cause unnecessary
16 delay or needless increase in the cost of
17 litigation;
18 (C) the claims, defenses, and other legal
19 contentions therein are not warranted by existing
20 law or by a nonfrivolous argument for the extension,
21 modification, or reversal of existing law or the
22 establishment of new law;
23 (D) the allegations and other factual
24 contentions do not have evidentiary support or, if
25 specifically so identified, are not likely to have
26 evidentiary support after a reasonable opportunity
27 for further investigation or discovery; or
28 (E) the denials of factual contentions are not
29 warranted on the evidence, or if specifically so
30 identified, are not reasonably based on a lack of
31 information or belief.
32 (2) "Lawsuit" means a petition for post-conviction
33 relief under Article 122 of the Code of Criminal
34 Procedure of 1963, a motion pursuant to Section 116-3 of
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1 the Code of Criminal Procedure of 1963, a habeas corpus
2 action under Article X of the Code of Civil Procedure or
3 under federal law (28 U.S.C. 2254), a petition for claim
4 under the Court of Claims Act or an action under the
5 federal Civil Rights Act (42 U.S.C. 1983).
6 (e) Nothing in this amendatory Act of 1998 affects the
7 validity of Public Act 89-404. and other than the offense of
8 reckless homicide as defined in subsection (e) of Section 9-3
9 of the Criminal Code of 1961 committed on or after the
10 effective date of this amendatory Act of 1998, (2.3) The
11 rules and regulations on early release shall provide that a
12 prisoner who is serving sentence for reckless homicide as
13 defined in subsection (e) of Section 9-3 of the Criminal Code
14 of 1961 committed on or after the effective date of this
15 amendatory Act of 1998 shall receive no more than 4.5 days of
16 good conduct credit for each month of his or her sentence of
17 imprisonment.: (i) or (ii) reckless homicide as defined in
18 subsection (e) of Section 9-3 of the Criminal Code of 1961
19 when the offense is committed on or after the effective date
20 of this amendatory Act of 1998 or if convicted of reckless
21 homicide as defined in subsection (e) of Section 9-3 of the
22 Criminal Code of 1961 if the offense is committed on or after
23 the effective date of this amendatory Act of 1998,
24 (Source: P.A. 90-592, eff. 6-19-98; 90-593, eff. 6-19-98;
25 90-655, eff. 7-30-98; 90-740, eff. 1-1-99; revised 11-25-98.)
26 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
27 Sec. 5-4-1. Sentencing Hearing.
28 (a) Except when the death penalty is sought under
29 hearing procedures otherwise specified, after a determination
30 of guilt, a hearing shall be held to impose the sentence.
31 However, prior to the imposition of sentence on an individual
32 being sentenced for an offense based upon a charge for a
33 violation of Section 11-501 of the Illinois Vehicle Code or a
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1 similar provision of a local ordinance, the individual must
2 undergo a professional evaluation to determine if an alcohol
3 or other drug abuse problem exists and the extent of such a
4 problem. Programs conducting these evaluations shall be
5 licensed by the Department of Human Services. However, if
6 the individual is not a resident of Illinois, the court may,
7 in its discretion, accept an evaluation from a program in the
8 state of such individual's residence. The court may in its
9 sentencing order approve an eligible defendant for placement
10 in a Department of Corrections impact incarceration program
11 as provided in Section 5-8-1.1. At the hearing the court
12 shall:
13 (1) consider the evidence, if any, received upon
14 the trial;
15 (2) consider any presentence reports;
16 (3) consider the financial impact of incarceration
17 based on the financial impact statement filed with the
18 clerk of the court by the Department of Corrections;
19 (4) consider evidence and information offered by
20 the parties in aggravation and mitigation;
21 (5) hear arguments as to sentencing alternatives;
22 (6) afford the defendant the opportunity to make a
23 statement in his own behalf;
24 (7) afford the victim of a violent crime or a
25 violation of Section 11-501 of the Illinois Vehicle Code,
26 or a similar provision of a local ordinance, committed by
27 the defendant the opportunity to make a statement
28 concerning the impact on the victim and to offer evidence
29 in aggravation or mitigation; provided that the statement
30 and evidence offered in aggravation or mitigation must
31 first be prepared in writing in conjunction with the
32 State's Attorney before it may be presented orally at the
33 hearing. Any sworn testimony offered by the victim is
34 subject to the defendant's right to cross-examine. All
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1 statements and evidence offered under this paragraph (7)
2 shall become part of the record of the court; and
3 (8) in cases of reckless homicide afford the
4 victim's spouse, guardians, parents or other immediate
5 family members an opportunity to make oral statements.
6 (b) All sentences shall be imposed by the judge based
7 upon his independent assessment of the elements specified
8 above and any agreement as to sentence reached by the
9 parties. The judge who presided at the trial or the judge
10 who accepted the plea of guilty shall impose the sentence
11 unless he is no longer sitting as a judge in that court.
12 Where the judge does not impose sentence at the same time on
13 all defendants who are convicted as a result of being
14 involved in the same offense, the defendant or the State's
15 Attorney may advise the sentencing court of the disposition
16 of any other defendants who have been sentenced.
17 (c) In imposing a sentence for a violent crime or for an
18 offense of operating or being in physical control of a
19 vehicle while under the influence of alcohol, any other drug
20 or any combination thereof, or a similar provision of a local
21 ordinance, when such offense resulted in the personal injury
22 to someone other than the defendant, the trial judge shall
23 specify on the record the particular evidence, information,
24 factors in mitigation and aggravation or other reasons that
25 led to his sentencing determination. The full verbatim record
26 of the sentencing hearing shall be filed with the clerk of
27 the court and shall be a public record.
28 (c-1) In imposing a sentence for the offense of
29 aggravated kidnapping for ransom, home invasion, armed
30 robbery, aggravated vehicular hijacking, aggravated discharge
31 of a firearm, or armed violence with a category I weapon or
32 category II weapon, the trial judge shall make a finding as
33 to whether the conduct leading to conviction for the offense
34 resulted in great bodily harm to a victim, and shall enter
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1 that finding and the basis for that finding in the record.
2 (c-2) If the defendant is sentenced to prison, other
3 than when a sentence of natural life imprisonment or a
4 sentence of death is imposed, at the time the sentence is
5 imposed the judge shall state on the record in open court the
6 approximate period of time the defendant will serve in
7 custody according to the then current statutory rules and
8 regulations for early release found in Section 3-6-3 and
9 other related provisions of this Code. This statement is
10 intended solely to inform the public, has no legal effect on
11 the defendant's actual release, and may not be relied on by
12 the defendant on appeal.
13 The judge's statement, to be given after pronouncing the
14 sentence, other than when the sentence is imposed for one of
15 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
16 shall 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
19 in prison as a result of this sentence. The actual period of
20 prison time served is determined by the statutes of Illinois
21 as applied to this sentence by the Illinois Department of
22 Corrections and the Illinois Prisoner Review Board. In this
23 case, assuming the defendant receives all of his or her good
24 conduct credit, the period of estimated actual custody is ...
25 years and ... months, less up to 180 days additional good
26 conduct credit for meritorious service. If the defendant,
27 because of his or her own misconduct or failure to comply
28 with the institutional regulations, does not receive those
29 credits, the actual time served in prison will be longer.
30 The defendant may also receive an additional one-half day
31 good conduct credit for each day of participation in
32 vocational, industry, substance abuse, and educational
33 programs as provided for by Illinois statute."
34 When the sentence is imposed for one of the offenses
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1 enumerated in paragraph (a)(3) of Section 3-6-3, other than
2 when the sentence is imposed for one of the offenses
3 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
4 or after June 19, 1998 the effective date of this amendatory
5 Act of 1998, and other than when the sentence is imposed for
6 reckless homicide as defined in subsection (e) of Section 9-3
7 of the Criminal Code of 1961 if the offense was committed on
8 or after January 1, 1999, the judge's statement, to be given
9 after pronouncing the sentence, shall include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, assuming the defendant receives all of his or her good
17 conduct credit, the period of estimated actual custody is ...
18 years and ... months, less up to 90 days additional good
19 conduct credit for meritorious service. If the defendant,
20 because of his or her own misconduct or failure to comply
21 with the institutional regulations, does not receive those
22 credits, the actual time served in prison will be longer.
23 The defendant may also receive an additional one-half day
24 good conduct credit for each day of participation in
25 vocational, industry, substance abuse, and educational
26 programs as provided for by Illinois statute."
27 When the sentence is imposed for one of the offenses
28 enumerated in paragraph (a)(2) of Section 3-6-3, other than
29 first degree murder, and the offense was committed on or
30 after June 19, 1998 the effective date of this amendatory Act
31 of 1998, and when the sentence is imposed for reckless
32 homicide as defined in subsection (e) of Section 9-3 of the
33 Criminal Code of 1961 if the offense was committed on or
34 after January 1, 1999, the judge's statement, to be given
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1 after pronouncing the sentence, shall include the following:
2 "The purpose of this statement is to inform the public of
3 the actual period of time this defendant is likely to spend
4 in prison as a result of this sentence. The actual period of
5 prison time served is determined by the statutes of Illinois
6 as applied to this sentence by the Illinois Department of
7 Corrections and the Illinois Prisoner Review Board. In this
8 case, the defendant is entitled to no more than 4 1/2 days of
9 good conduct credit for each month of his or her sentence of
10 imprisonment. Therefore, this defendant will serve at least
11 85% of his or her sentence. Assuming the defendant receives
12 4 1/2 days credit for each month of his or her sentence, the
13 period of estimated actual custody is ... years and ...
14 months. If the defendant, because of his or her own
15 misconduct or failure to comply with the institutional
16 regulations receives lesser credit, the actual time served in
17 prison will be longer."
18 When a sentence of imprisonment is imposed for first
19 degree murder and the offense was committed on or after June
20 19, 1998 the effective date of this amendatory Act of 1998,
21 the judge's statement, to be given after pronouncing the
22 sentence, shall include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, the defendant is not entitled to good conduct credit.
30 Therefore, this defendant will serve 100% of his or her
31 sentence."
32 (d) When the defendant is committed to the Department of
33 Corrections, the State's Attorney shall and counsel for the
34 defendant may file a statement with the clerk of the court to
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1 be transmitted to the department, agency or institution to
2 which the defendant is committed to furnish such department,
3 agency or institution with the facts and circumstances of the
4 offense for which the person was committed together with all
5 other factual information accessible to them in regard to the
6 person prior to his commitment relative to his habits,
7 associates, disposition and reputation and any other facts
8 and circumstances which may aid such department, agency or
9 institution during its custody of such person. The clerk
10 shall within 10 days after receiving any such statements
11 transmit a copy to such department, agency or institution and
12 a copy to the other party, provided, however, that this shall
13 not be cause for delay in conveying the person to the
14 department, agency or institution to which he has been
15 committed.
16 (e) The clerk of the court shall transmit to the
17 department, agency or institution, if any, to which the
18 defendant is committed, the following:
19 (1) the sentence imposed;
20 (2) any statement by the court of the basis for
21 imposing the sentence;
22 (3) any presentence reports;
23 (4) the number of days, if any, which the defendant
24 has been in custody and for which he is entitled to
25 credit against the sentence, which information shall be
26 provided to the clerk by the sheriff;
27 (4.1) any finding of great bodily harm made by the
28 court with respect to an offense enumerated in subsection
29 (c-1);
30 (5) all statements filed under subsection (d) of
31 this Section;
32 (6) any medical or mental health records or
33 summaries of the defendant;
34 (7) the municipality where the arrest of the
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1 offender or the commission of the offense has occurred,
2 where such municipality has a population of more than
3 25,000 persons;
4 (8) all statements made and evidence offered under
5 paragraph (7) of subsection (a) of this Section; and
6 (9) all additional matters which the court directs
7 the clerk to transmit. and other than when the sentence
8 is imposed for reckless homicide as defined in subsection
9 (e) of Section 9-3 of the Criminal Code of 1961 if the
10 offense was committed on or after the effective date of
11 this amendatory Act of 1998, and when the sentence is
12 imposed for reckless homicide as defined in subsection
13 (e) of Section 9-3 of the Criminal Code of 1961 if the
14 offense was committed on or after the effective date of
15 this amendatory Act of 1998,
16 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97;
17 90-592, eff. 6-19-98; 90-593, eff. 6-19-98; 90-740, eff.
18 1-1-99; revised 9-16-98.)
19 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
20 Sec. 5-5-3. Disposition.
21 (a) Every person convicted of an offense shall be
22 sentenced as provided in this Section.
23 (b) The following options shall be appropriate
24 dispositions, alone or in combination, for all felonies and
25 misdemeanors other than those identified in subsection (c) of
26 this Section:
27 (1) A period of probation.
28 (2) A term of periodic imprisonment.
29 (3) A term of conditional discharge.
30 (4) A term of imprisonment.
31 (5) An order directing the offender to clean up and
32 repair the damage, if the offender was convicted under
33 paragraph (h) of Section 21-1 of the Criminal Code of
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1 1961.
2 (6) A fine.
3 (7) An order directing the offender to make
4 restitution to the victim under Section 5-5-6 of this
5 Code.
6 (8) A sentence of participation in a county impact
7 incarceration program under Section 5-8-1.2 of this Code.
8 Whenever an individual is sentenced for an offense based
9 upon an arrest for a violation of Section 11-501 of the
10 Illinois Vehicle Code, or a similar provision of a local
11 ordinance, and the professional evaluation recommends
12 remedial or rehabilitative treatment or education, neither
13 the treatment nor the education shall be the sole disposition
14 and either or both may be imposed only in conjunction with
15 another disposition. The court shall monitor compliance with
16 any remedial education or treatment recommendations contained
17 in the professional evaluation. Programs conducting alcohol
18 or other drug evaluation or remedial education must be
19 licensed by the Department of Human Services. However, if
20 the individual is not a resident of Illinois, the court may
21 accept an alcohol or other drug evaluation or remedial
22 education program in the state of such individual's
23 residence. Programs providing treatment must be licensed
24 under existing applicable alcoholism and drug treatment
25 licensure standards.
26 In addition to any other fine or penalty required by law,
27 any individual convicted of a violation of Section 11-501 of
28 the Illinois Vehicle Code or a similar provision of local
29 ordinance, whose operation of a motor vehicle while in
30 violation of Section 11-501 or such ordinance proximately
31 caused an incident resulting in an appropriate emergency
32 response, shall be required to make restitution to a public
33 agency for the costs of that emergency response. Such
34 restitution shall not exceed $500 per public agency for each
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1 such emergency response. For the purpose of this paragraph,
2 emergency response shall mean any incident requiring a
3 response by: a police officer as defined under Section 1-162
4 of the Illinois Vehicle Code; a fireman carried on the rolls
5 of a regularly constituted fire department; and an ambulance
6 as defined under Section 4.05 of the Emergency Medical
7 Services (EMS) Systems Act.
8 Neither a fine nor restitution shall be the sole
9 disposition for a felony and either or both may be imposed
10 only in conjunction with another disposition.
11 (c) (1) When a defendant is found guilty of first degree
12 murder the State may either seek a sentence of
13 imprisonment under Section 5-8-1 of this Code, or where
14 appropriate seek a sentence of death under Section 9-1 of
15 the Criminal Code of 1961.
16 (2) A period of probation, a term of periodic
17 imprisonment or conditional discharge shall not be
18 imposed for the following offenses. The court shall
19 sentence the offender to not less than the minimum term
20 of imprisonment set forth in this Code for the following
21 offenses, and may order a fine or restitution or both in
22 conjunction with such term of imprisonment:
23 (A) First degree murder where the death
24 penalty is not imposed.
25 (B) Attempted first degree murder.
26 (C) A Class X felony.
27 (D) A violation of Section 401.1 or 407 of the
28 Illinois Controlled Substances Act, or a violation
29 of subdivision (c)(2) of Section 401 of that Act
30 which relates to more than 5 grams of a substance
31 containing cocaine or an analog thereof.
32 (E) A violation of Section 5.1 or 9 of the
33 Cannabis Control Act.
34 (F) A Class 2 or greater felony if the
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1 offender had been convicted of a Class 2 or greater
2 felony within 10 years of the date on which he
3 committed the offense for which he is being
4 sentenced.
5 (G) Residential burglary.
6 (H) Criminal sexual assault, except as
7 otherwise provided in subsection (e) of this
8 Section.
9 (I) Aggravated battery of a senior citizen.
10 (J) A forcible felony if the offense was
11 related to the activities of an organized gang.
12 Before July 1, 1994, for the purposes of this
13 paragraph, "organized gang" means an association of
14 5 or more persons, with an established hierarchy,
15 that encourages members of the association to
16 perpetrate crimes or provides support to the members
17 of the association who do commit crimes.
18 Beginning July 1, 1994, for the purposes of
19 this paragraph, "organized gang" has the meaning
20 ascribed to it in Section 10 of the Illinois
21 Streetgang Terrorism Omnibus Prevention Act.
22 (K) Vehicular hijacking.
23 (L) A second or subsequent conviction for the
24 offense of hate crime when the underlying offense
25 upon which the hate crime is based is felony
26 aggravated assault or felony mob action.
27 (M) A second or subsequent conviction for the
28 offense of institutional vandalism if the damage to
29 the property exceeds $300.
30 (N) A Class 3 felony violation of paragraph
31 (1) of subsection (a) of Section 2 of the Firearm
32 Owners Identification Card Act.
33 (O) A violation of Section 12-6.1 of the
34 Criminal Code of 1961.
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1 (P) A violation of paragraph (1), (2), (3),
2 (4), (5), or (7) of subsection (a) of Section
3 11-20.1 of the Criminal Code of 1961.
4 (Q) A violation of Section 20-1.2 of the
5 Criminal Code of 1961.
6 (R) (Q) A violation of Section 24-3A of the
7 Criminal Code of 1961.
8 (S) An additional term of imprisonment imposed
9 pursuant to subsection (c) of Section 5-5-3.3 of the
10 Unified Code of Corrections.
11 (3) A minimum term of imprisonment of not less than
12 48 consecutive hours or 100 hours of community service as
13 may be determined by the court shall be imposed for a
14 second or subsequent violation committed within 5 years
15 of a previous violation of Section 11-501 of the Illinois
16 Vehicle Code or a similar provision of a local ordinance.
17 (4) A minimum term of imprisonment of not less than
18 7 consecutive days or 30 days of community service shall
19 be imposed for a violation of paragraph (c) of Section
20 6-303 of the Illinois Vehicle Code.
21 (4.1) A minimum term of 30 consecutive days of
22 imprisonment, 40 days of 24 hour periodic imprisonment or
23 720 hours of community service, as may be determined by
24 the court, shall be imposed for a violation of Section
25 11-501 of the Illinois Vehicle Code during a period in
26 which the defendant's driving privileges are revoked or
27 suspended, where the revocation or suspension was for a
28 violation of Section 11-501 or Section 11-501.1 of that
29 Code.
30 (5) The court may sentence an offender convicted of
31 a business offense or a petty offense or a corporation or
32 unincorporated association convicted of any offense to:
33 (A) a period of conditional discharge;
34 (B) a fine;
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1 (C) make restitution to the victim under
2 Section 5-5-6 of this Code.
3 (6) In no case shall an offender be eligible for a
4 disposition of probation or conditional discharge for a
5 Class 1 felony committed while he was serving a term of
6 probation or conditional discharge for a felony.
7 (7) When a defendant is adjudged a habitual
8 criminal under Article 33B of the Criminal Code of 1961,
9 the court shall sentence the defendant to a term of
10 natural life imprisonment.
11 (8) When a defendant, over the age of 21 years, is
12 convicted of a Class 1 or Class 2 felony, after having
13 twice been convicted of any Class 2 or greater Class
14 felonies in Illinois, and such charges are separately
15 brought and tried and arise out of different series of
16 acts, such defendant shall be sentenced as a Class X
17 offender. This paragraph shall not apply unless (1) the
18 first felony was committed after the effective date of
19 this amendatory Act of 1977; and (2) the second felony
20 was committed after conviction on the first; and (3) the
21 third felony was committed after conviction on the
22 second.
23 (9) A defendant convicted of a second or subsequent
24 offense of ritualized abuse of a child may be sentenced
25 to a term of natural life imprisonment.
26 (10) Beginning July 1, 1994, unless sentencing
27 under Section 33B-1 is applicable, a term of imprisonment
28 of not less than 15 years nor more than 50 years shall be
29 imposed on a defendant who violates Section 33A-2 of the
30 Criminal Code of 1961 with a firearm, when that person
31 has been convicted in any state or federal court of 3 or
32 more of the following offenses: treason, first degree
33 murder, second degree murder, predatory criminal sexual
34 assault of a child, aggravated criminal sexual assault,
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1 criminal sexual assault, robbery, burglary, arson,
2 kidnaping, aggravated battery resulting in great bodily
3 harm or permanent disability or disfigurement, or a
4 violation of Section 401(a) of the Illinois Controlled
5 Substances Act, when the third offense was committed
6 after conviction on the second, the second offense was
7 committed after conviction on the first, and the
8 violation of Section 33A-2 of the Criminal Code of 1961
9 was committed after conviction on the third.
10 (11) Beginning July 1, 1994, a term of imprisonment
11 of not less than 10 years and not more than 30 years
12 shall be imposed on a defendant who violates Section
13 33A-2 with a Category I weapon where the offense was
14 committed in any school, or any conveyance owned, leased,
15 or contracted by a school to transport students to or
16 from school or a school related activity, on the real
17 property comprising any school or public park, and where
18 the offense was related to the activities of an organized
19 gang. For the purposes of this paragraph (11),
20 "organized gang" has the meaning ascribed to it in
21 Section 10 of the Illinois Streetgang Terrorism Omnibus
22 Prevention Act.
23 (d) In any case in which a sentence originally imposed
24 is vacated, the case shall be remanded to the trial court.
25 The trial court shall hold a hearing under Section 5-4-1 of
26 the Unified Code of Corrections which may include evidence of
27 the defendant's life, moral character and occupation during
28 the time since the original sentence was passed. The trial
29 court shall then impose sentence upon the defendant. The
30 trial court may impose any sentence which could have been
31 imposed at the original trial subject to Section 5-5-4 of the
32 Unified Code of Corrections.
33 (e) In cases where prosecution for criminal sexual
34 assault or aggravated criminal sexual abuse under Section
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1 12-13 or 12-16 of the Criminal Code of 1961 results in
2 conviction of a defendant who was a family member of the
3 victim at the time of the commission of the offense, the
4 court shall consider the safety and welfare of the victim and
5 may impose a sentence of probation only where:
6 (1) the court finds (A) or (B) or both are
7 appropriate:
8 (A) the defendant is willing to undergo a
9 court approved counseling program for a minimum
10 duration of 2 years; or
11 (B) the defendant is willing to participate in
12 a court approved plan including but not limited to
13 the defendant's:
14 (i) removal from the household;
15 (ii) restricted contact with the victim;
16 (iii) continued financial support of the
17 family;
18 (iv) restitution for harm done to the
19 victim; and
20 (v) compliance with any other measures
21 that the court may deem appropriate; and
22 (2) the court orders the defendant to pay for the
23 victim's counseling services, to the extent that the
24 court finds, after considering the defendant's income and
25 assets, that the defendant is financially capable of
26 paying for such services, if the victim was under 18
27 years of age at the time the offense was committed and
28 requires counseling as a result of the offense.
29 Probation may be revoked or modified pursuant to Section
30 5-6-4; except where the court determines at the hearing that
31 the defendant violated a condition of his or her probation
32 restricting contact with the victim or other family members
33 or commits another offense with the victim or other family
34 members, the court shall revoke the defendant's probation and
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1 impose a term of imprisonment.
2 For the purposes of this Section, "family member" and
3 "victim" shall have the meanings ascribed to them in Section
4 12-12 of the Criminal Code of 1961.
5 (f) This Article shall not deprive a court in other
6 proceedings to order a forfeiture of property, to suspend or
7 cancel a license, to remove a person from office, or to
8 impose any other civil penalty.
9 (g) Whenever a defendant is convicted of an offense
10 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
11 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
12 12-15 or 12-16 of the Criminal Code of 1961, the defendant
13 shall undergo medical testing to determine whether the
14 defendant has any sexually transmissible disease, including a
15 test for infection with human immunodeficiency virus (HIV) or
16 any other identified causative agent of acquired
17 immunodeficiency syndrome (AIDS). Any such medical test
18 shall be performed only by appropriately licensed medical
19 practitioners and may include an analysis of any bodily
20 fluids as well as an examination of the defendant's person.
21 Except as otherwise provided by law, the results of such test
22 shall be kept strictly confidential by all medical personnel
23 involved in the testing and must be personally delivered in a
24 sealed envelope to the judge of the court in which the
25 conviction was entered for the judge's inspection in camera.
26 Acting in accordance with the best interests of the victim
27 and the public, the judge shall have the discretion to
28 determine to whom, if anyone, the results of the testing may
29 be revealed. The court shall notify the defendant of the test
30 results. The court shall also notify the victim if requested
31 by the victim, and if the victim is under the age of 15 and
32 if requested by the victim's parents or legal guardian, the
33 court shall notify the victim's parents or legal guardian of
34 the test results. The court shall provide information on the
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1 availability of HIV testing and counseling at Department of
2 Public Health facilities to all parties to whom the results
3 of the testing are revealed and shall direct the State's
4 Attorney to provide the information to the victim when
5 possible. A State's Attorney may petition the court to obtain
6 the results of any HIV test administered under this Section,
7 and the court shall grant the disclosure if the State's
8 Attorney shows it is relevant in order to prosecute a charge
9 of criminal transmission of HIV under Section 12-16.2 of the
10 Criminal Code of 1961 against the defendant. The court shall
11 order that the cost of any such test shall be paid by the
12 county and may be taxed as costs against the convicted
13 defendant.
14 (g-5) When an inmate is tested for an airborne
15 communicable disease, as determined by the Illinois
16 Department of Public Health including but not limited to
17 tuberculosis, the results of the test shall be personally
18 delivered by the warden or his or her designee in a sealed
19 envelope to the judge of the court in which the inmate must
20 appear for the judge's inspection in camera if requested by
21 the judge. Acting in accordance with the best interests of
22 those in the courtroom, the judge shall have the discretion
23 to determine what if any precautions need to be taken to
24 prevent transmission of the disease in the courtroom.
25 (h) Whenever a defendant is convicted of an offense
26 under Section 1 or 2 of the Hypodermic Syringes and Needles
27 Act, the defendant shall undergo medical testing to determine
28 whether the defendant has been exposed to human
29 immunodeficiency virus (HIV) or any other identified
30 causative agent of acquired immunodeficiency syndrome (AIDS).
31 Except as otherwise provided by law, the results of such test
32 shall be kept strictly confidential by all medical personnel
33 involved in the testing and must be personally delivered in a
34 sealed envelope to the judge of the court in which the
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1 conviction was entered for the judge's inspection in camera.
2 Acting in accordance with the best interests of the public,
3 the judge shall have the discretion to determine to whom, if
4 anyone, the results of the testing may be revealed. The court
5 shall notify the defendant of a positive test showing an
6 infection with the human immunodeficiency virus (HIV). The
7 court shall provide information on the availability of HIV
8 testing and counseling at Department of Public Health
9 facilities to all parties to whom the results of the testing
10 are revealed and shall direct the State's Attorney to provide
11 the information to the victim when possible. A State's
12 Attorney may petition the court to obtain the results of any
13 HIV test administered under this Section, and the court
14 shall grant the disclosure if the State's Attorney shows it
15 is relevant in order to prosecute a charge of criminal
16 transmission of HIV under Section 12-16.2 of the Criminal
17 Code of 1961 against the defendant. The court shall order
18 that the cost of any such test shall be paid by the county
19 and may be taxed as costs against the convicted defendant.
20 (i) All fines and penalties imposed under this Section
21 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
22 Vehicle Code, or a similar provision of a local ordinance,
23 and any violation of the Child Passenger Protection Act, or a
24 similar provision of a local ordinance, shall be collected
25 and disbursed by the circuit clerk as provided under Section
26 27.5 of the Clerks of Courts Act.
27 (j) In cases when prosecution for any violation of
28 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
29 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
30 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
31 12-16 of the Criminal Code of 1961, any violation of the
32 Illinois Controlled Substances Act, or any violation of the
33 Cannabis Control Act results in conviction, a disposition of
34 court supervision, or an order of probation granted under
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1 Section 10 of the Cannabis Control Act or Section 410 of the
2 Illinois Controlled Substance Act of a defendant, the court
3 shall determine whether the defendant is employed by a
4 facility or center as defined under the Child Care Act of
5 1969, a public or private elementary or secondary school, or
6 otherwise works with children under 18 years of age on a
7 daily basis. When a defendant is so employed, the court
8 shall order the Clerk of the Court to send a copy of the
9 judgment of conviction or order of supervision or probation
10 to the defendant's employer by certified mail. If the
11 employer of the defendant is a school, the Clerk of the Court
12 shall direct the mailing of a copy of the judgment of
13 conviction or order of supervision or probation to the
14 appropriate regional superintendent of schools. The regional
15 superintendent of schools shall notify the State Board of
16 Education of any notification under this subsection.
17 (j-5) A defendant at least 17 years of age who is
18 convicted of a felony and who has not been previously
19 convicted of a misdemeanor or felony and who is sentenced to
20 a term of imprisonment in the Illinois Department of
21 Corrections shall as a condition of his or her sentence be
22 required by the court to attend educational courses designed
23 to prepare the defendant for a high school diploma and to
24 work toward a high school diploma or to work toward passing
25 the high school level Test of General Educational Development
26 (GED) or to work toward completing a vocational training
27 program offered by the Department of Corrections. If a
28 defendant fails to complete the educational training required
29 by his or her sentence during the term of incarceration, the
30 Prisoner Review Board shall, as a condition of mandatory
31 supervised release, require the defendant, at his or her own
32 expense, to pursue a course of study toward a high school
33 diploma or passage of the GED test. The Prisoner Review
34 Board shall revoke the mandatory supervised release of a
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1 defendant who wilfully fails to comply with this subsection
2 (j-5) upon his or her release from confinement in a penal
3 institution while serving a mandatory supervised release
4 term; however, the inability of the defendant after making a
5 good faith effort to obtain financial aid or pay for the
6 educational training shall not be deemed a wilful failure to
7 comply. The Prisoner Review Board shall recommit the
8 defendant whose mandatory supervised release term has been
9 revoked under this subsection (j-5) as provided in Section
10 3-3-9. This subsection (j-5) does not apply to a defendant
11 who has a high school diploma or has successfully passed the
12 GED test. This subsection (j-5) does not apply to a defendant
13 who is determined by the court to be developmentally disabled
14 or otherwise mentally incapable of completing the educational
15 or vocational program.
16 (k) A court may not impose a sentence or disposition for
17 a felony or misdemeanor that requires the defendant to be
18 implanted or injected with or to use any form of birth
19 control.
20 (l) (A) Except as provided in paragraph (C) of
21 subsection (l), whenever a defendant, who is an alien as
22 defined by the Immigration and Nationality Act, is
23 convicted of any felony or misdemeanor offense, the court
24 after sentencing the defendant may, upon motion of the
25 State's Attorney, hold sentence in abeyance and remand
26 the defendant to the custody of the Attorney General of
27 the United States or his or her designated agent to be
28 deported when:
29 (1) a final order of deportation has been
30 issued against the defendant pursuant to proceedings
31 under the Immigration and Nationality Act, and
32 (2) the deportation of the defendant would not
33 deprecate the seriousness of the defendant's conduct
34 and would not be inconsistent with the ends of
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1 justice.
2 Otherwise, the defendant shall be sentenced as
3 provided in this Chapter V.
4 (B) If the defendant has already been sentenced for
5 a felony or misdemeanor offense, or has been placed on
6 probation under Section 10 of the Cannabis Control Act or
7 Section 410 of the Illinois Controlled Substances Act,
8 the court may, upon motion of the State's Attorney to
9 suspend the sentence imposed, commit the defendant to the
10 custody of the Attorney General of the United States or
11 his or her designated agent when:
12 (1) a final order of deportation has been
13 issued against the defendant pursuant to proceedings
14 under the Immigration and Nationality Act, and
15 (2) the deportation of the defendant would not
16 deprecate the seriousness of the defendant's conduct
17 and would not be inconsistent with the ends of
18 justice.
19 (C) This subsection (l) does not apply to offenders
20 who are subject to the provisions of paragraph (2) of
21 subsection (a) of Section 3-6-3.
22 (D) Upon motion of the State's Attorney, if a
23 defendant sentenced under this Section returns to the
24 jurisdiction of the United States, the defendant shall be
25 recommitted to the custody of the county from which he or
26 she was sentenced. Thereafter, the defendant shall be
27 brought before the sentencing court, which may impose any
28 sentence that was available under Section 5-5-3 at the
29 time of initial sentencing. In addition, the defendant
30 shall not be eligible for additional good conduct credit
31 for meritorious service as provided under Section 3-6-6.
32 (m) A person convicted of criminal defacement of
33 property under Section 21-1.3 of the Criminal Code of 1961,
34 in which the property damage exceeds $300 and the property
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1 damaged is a school building, shall be ordered to perform
2 community service that may include cleanup, removal, or
3 painting over the defacement.
4 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
5 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
6 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
7 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
8 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff. 1-1-99;
9 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)
10 (730 ILCS 5/5-5-3.3 new)
11 Sec. 5-5-3.3. Armed violence with a firearm; factors in
12 aggravation.
13 (a) "Armed with a firearm": A person is considered
14 armed with a firearm for purposes of this Section when he or
15 she carries on or about his or her person or is otherwise
16 armed with a Category I or Category II firearm.
17 "Personally discharges a firearm": A person is considered
18 to have personally discharged a firearm for the purposes of
19 this Section when he or she, while armed with a Category I or
20 Category II firearm, knowingly and intentionally fires that
21 firearm causing the ammunition projectile to be forcefully
22 expelled from the firearm.
23 "Qualified offense" means first degree murder,
24 solicitation of murder, solicitation of murder for hire,
25 intentional homicide of an unborn child, predatory criminal
26 sexual assault of a child, aggravated criminal sexual
27 assault, criminal sexual assault, aggravated kidnapping,
28 heinous battery, aggravated battery of a senior citizen,
29 aggravated battery of a child, armed robbery, aggravated
30 vehicular hijacking, a Class X or Class 1 felony violation of
31 the Controlled Substances Act, a Class X or Class 1 felony
32 violation of the Cannabis Control Act, or any attempt to
33 commit any of the foregoing crimes.
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1 (b) "Category I firearm" means a handgun, sawed-off
2 shotgun, sawed-off rifle, any other firearm small enough to
3 be concealed upon the person, semiautomatic firearm, or
4 machine gun. "Category II firearm" means any other rifle,
5 shotgun, spring gun, or other firearm. As used in this
6 subsection (b), "semiautomatic firearm" means a repeating
7 firearm that utilizes a portion of the energy of a firing
8 cartridge to extract the fired cartridge case and chamber the
9 next round and that requires a separate pull of the trigger
10 to fire each cartridge.
11 (c)(1)(A) Except as otherwise provided in this
12 subsection (c), a person who commits any qualified offense
13 while armed with a Category I firearm shall, in addition and
14 consecutive to the penalty imposed for that felony, be
15 sentenced to a term of imprisonment of 15 years.
16 (B) Except as otherwise provided in this subsection (c),
17 a person who commits any qualified offense while armed with a
18 Category II firearm shall, in addition and consecutive to the
19 penalty imposed for that felony, be sentenced to a term of
20 imprisonment of 10 years.
21 (2) Except as otherwise provided in paragraph (3), (4),
22 or (5) of this subsection (c), a person who during the
23 commission of any qualified offense personally discharges a
24 Category I or Category II firearm shall, in addition and
25 consecutive to the penalty imposed for that felony, be
26 sentenced to a term of imprisonment of 20 years.
27 (3) Except as otherwise provided in paragraph (4) of
28 this subsection (c), and unless sentencing under Section
29 33B-1 is applicable, a person described in subparagraph
30 (c)(1)(A) or (c)(1)(B) or paragraph (c)(2) who has been
31 convicted in any state or federal court of 3 or more of the
32 following offenses: treason, first degree murder, second
33 degree murder, predatory criminal sexual assault of a child,
34 aggravated criminal sexual assault, criminal sexual assault,
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1 robbery, burglary, arson, kidnaping, aggravated battery
2 resulting in great bodily harm or permanent disability or
3 disfigurement, or a violation of Section 401(a) of the
4 Illinois Controlled Substances Act, if the third offense was
5 committed after conviction on the second, the second offense
6 was committed after conviction on the first, and the felony
7 under subparagraph (c)(1)(A) or (c)(1)(B) or paragraph (c)(2)
8 was committed after conviction on the third, shall in
9 addition and consecutive to the penalty imposed for the
10 felony be sentenced to a term of imprisonment of not less
11 than 25 years nor more than 50 years.
12 (4) A person who during the commission of any qualified
13 offense personally discharges a Category I or Category II
14 firearm that proximately causes great bodily harm, permanent
15 disability, permanent disfigurement, or death to any person
16 shall, in addition and consecutive to the penalty imposed for
17 that felony, be sentenced to a term of imprisonment of 25
18 years to life.
19 (5) Except as otherwise provided in paragraph (3) or (4)
20 of this subsection (c), a person described in subparagraph
21 (c)(1)(A) or paragraph (c)(2), if the qualified offense (i)
22 was committed in any school, in any conveyance owned, leased,
23 or contracted by a school to transport students to or from
24 school or a school related activity, or on the real property
25 comprising any school or public park and (ii) was related to
26 the activities of an organized gang, shall, in addition and
27 consecutive to the penalty imposed for the felony, be
28 sentenced to a term of imprisonment of not less than the term
29 set forth in subparagraph (c)(1)(A) or paragraph (c)(2),
30 whichever is applicable, and not more than 30 years. For the
31 purposes of this paragraph (5), "organized gang" has the
32 meaning ascribed to it in Section 10 of the Illinois
33 Streetgang Terrorism Omnibus Prevention Act.
34 (d) Only one additional term of imprisonment shall be
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1 imposed under this Section per person for each separate and
2 unrelated felony. If more than one enhancement per person is
3 found to apply under this Section, the court shall impose
4 upon that person the enhancement that provides the longest
5 term of imprisonment.
6 (e) For the penalties in this Section to apply, the
7 existence of any fact required under subsection (c) shall be
8 alleged in the information or indictment and either admitted
9 by the defendant in open court or found to be true by the
10 trier of fact.
11 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
12 Sec. 5-8-4. Concurrent and Consecutive Terms of
13 Imprisonment.
14 (a) When multiple sentences of imprisonment are imposed
15 on a defendant at the same time, or when a term of
16 imprisonment is imposed on a defendant who is already subject
17 to sentence in this State or in another state, or for a
18 sentence imposed by any district court of the United States,
19 the sentences shall run concurrently or consecutively as
20 determined by the court. When a term of imprisonment is
21 imposed on a defendant by an Illinois circuit court and the
22 defendant is subsequently sentenced to a term of imprisonment
23 by another state or by a district court of the United States,
24 the Illinois circuit court which imposed the sentence may
25 order that the Illinois sentence be made concurrent with the
26 sentence imposed by the other state or district court of the
27 United States. The defendant must apply to the circuit court
28 within 30 days after the defendant's sentence imposed by the
29 other state or district of the United States is finalized.
30 The court shall not impose consecutive sentences for offenses
31 which were committed as part of a single course of conduct
32 during which there was no substantial change in the nature of
33 the criminal objective, unless, one of the offenses for which
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1 defendant was convicted was a Class X or Class 1 felony and
2 the defendant inflicted severe bodily injury, Section 5-5-3.3
3 of the Unified Code of Corrections applies, or where the
4 defendant was convicted of a violation of Section 12-13,
5 12-14, or 12-14.1 of the Criminal Code of 1961, in which
6 event the court shall enter sentences to run consecutively.
7 Sentences shall run concurrently unless otherwise specified
8 by the court.
9 (b) The court shall not impose a consecutive sentence
10 except as provided for in subsection (a) unless, having
11 regard to the nature and circumstances of the offense and the
12 history and character of the defendant, it is of the opinion
13 that such a term is required to protect the public from
14 further criminal conduct by the defendant, the basis for
15 which the court shall set forth in the record; except that no
16 such finding or opinion is required when multiple sentences
17 of imprisonment are imposed on a defendant for offenses that
18 were not committed as part of a single course of conduct
19 during which there was no substantial change in the nature of
20 the criminal objective, and one of the offenses for which the
21 defendant was convicted was a Class X or Class 1 felony and
22 the defendant inflicted severe bodily injury, when Section
23 5-5-3.3 of the Unified Code of Corrections applies, or when
24 the defendant was convicted of a violation of Section 12-13,
25 12-14, or 12-14.1 of the Criminal Code of 1961, in which
26 event the Court shall enter sentences to run consecutively.
27 (c) (1) For sentences imposed under law in effect prior
28 to February 1, 1978 the aggregate maximum of consecutive
29 sentences shall not exceed the maximum term authorized
30 under Section 5-8-1 for the 2 most serious felonies
31 involved. The aggregate minimum period of consecutive
32 sentences shall not exceed the highest minimum term
33 authorized under Section 5-8-1 for the 2 most serious
34 felonies involved. When sentenced only for misdemeanors,
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1 a defendant shall not be consecutively sentenced to more
2 than the maximum for one Class A misdemeanor.
3 (2) For sentences imposed under the law in effect
4 on or after February 1, 1978, the aggregate of
5 consecutive sentences for offenses that were committed as
6 part of a single course of conduct during which there was
7 no substantial change in the nature of the criminal
8 objective shall not exceed the sum of the maximum terms
9 authorized under Section 5-8-2 for the 2 most serious
10 felonies involved, but no such limitation shall apply for
11 offenses that were not committed as part of a single
12 course of conduct during which there was no substantial
13 change in the nature of the criminal objective. When
14 sentenced only for misdemeanors, a defendant shall not be
15 consecutively sentenced to more than the maximum for one
16 Class A misdemeanor.
17 (d) An offender serving a sentence for a misdemeanor who
18 is convicted of a felony and sentenced to imprisonment shall
19 be transferred to the Department of Corrections, and the
20 misdemeanor sentence shall be merged in and run concurrently
21 with the felony sentence.
22 (e) In determining the manner in which consecutive
23 sentences of imprisonment, one or more of which is for a
24 felony, will be served, the Department of Corrections shall
25 treat the offender as though he had been committed for a
26 single term with the following incidents:
27 (1) the maximum period of a term of imprisonment
28 shall consist of the aggregate of the maximums of the
29 imposed indeterminate terms, if any, plus the aggregate
30 of the imposed determinate sentences for felonies plus
31 the aggregate of the imposed determinate sentences for
32 misdemeanors subject to paragraph (c) of this Section;
33 (2) the parole or mandatory supervised release term
34 shall be as provided in paragraph (e) of Section 5-8-1 of
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1 this Code for the most serious of the offenses involved;
2 (3) the minimum period of imprisonment shall be the
3 aggregate of the minimum and determinate periods of
4 imprisonment imposed by the court, subject to paragraph
5 (c) of this Section; and
6 (4) the offender shall be awarded credit against
7 the aggregate maximum term and the aggregate minimum term
8 of imprisonment for all time served in an institution
9 since the commission of the offense or offenses and as a
10 consequence thereof at the rate specified in Section
11 3-6-3 of this Code.
12 (f) A sentence of an offender committed to the
13 Department of Corrections at the time of the commission of
14 the offense shall be served consecutive to the sentence under
15 which he is held by the Department of Corrections. However,
16 in case such offender shall be sentenced to punishment by
17 death, the sentence shall be executed at such time as the
18 court may fix without regard to the sentence under which such
19 offender may be held by the Department.
20 (g) A sentence under Section 3-6-4 for escape or
21 attempted escape shall be served consecutive to the terms
22 under which the offender is held by the Department of
23 Corrections.
24 (h) If a person charged with a felony commits a separate
25 felony while on pre-trial release or in pretrial detention in
26 a county jail facility or county detention facility, the
27 sentences imposed upon conviction of these felonies shall be
28 served consecutively regardless of the order in which the
29 judgments of conviction are entered.
30 (i) If a person admitted to bail following conviction of
31 a felony commits a separate felony while free on bond or if a
32 person detained in a county jail facility or county detention
33 facility following conviction of a felony commits a separate
34 felony while in detention, any sentence following conviction
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1 of the separate felony shall be consecutive to that of the
2 original sentence for which the defendant was on bond or
3 detained.
4 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
5 90-128, eff. 7-22-97.)
6 Section 99. Effective date. This Act takes effect
7 January 1, 2000.