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Public Act 099-0861
Public Act 0861 99TH GENERAL ASSEMBLY
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Public Act 099-0861
| | SB3164 Enrolled | LRB099 20432 RLC 44931 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Unified Code of Corrections is amended by | changing Sections 5-4-1 and 5-8-8 as follows:
| (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| Sec. 5-4-1. Sentencing Hearing.
| (a) Except when the death penalty is
sought under hearing | procedures otherwise specified, after a
determination of | guilt, a hearing shall be held to impose the sentence.
However, | prior to the imposition of sentence on an individual being
| sentenced for an offense based upon a charge for a violation of | Section
11-501 of the Illinois Vehicle Code or a similar | provision of a local
ordinance, the individual must undergo a | professional evaluation to
determine if an alcohol or other | drug abuse problem exists and the extent
of such a problem. | Programs conducting these evaluations shall be
licensed by the | Department of Human Services. However, if the individual is
not | a resident of Illinois, the court
may, in its discretion, | accept an evaluation from a program in the state of
such | individual's residence. The court may in its sentencing order | approve an
eligible defendant for placement in a Department of | Corrections impact
incarceration program as provided in |
| Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | order recommend a defendant for placement in a Department of | Corrections substance abuse treatment program as provided in | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | upon the defendant being accepted in a program by the | Department of Corrections. At the
hearing the court
shall:
| (1) consider the evidence, if any, received upon the | trial;
| (2) consider any presentence reports;
| (3) consider the financial impact of incarceration | based on the
financial impact statement filed with the | clerk of the court by the
Department of Corrections;
| (4) consider evidence and information offered by the | parties in
aggravation and mitigation; | (4.5) consider substance abuse treatment, eligibility | screening, and an assessment, if any, of the defendant by | an agent designated by the State of Illinois to provide | assessment services for the Illinois courts;
| (5) hear arguments as to sentencing alternatives;
| (6) afford the defendant the opportunity to make a | statement in his
own behalf;
| (7) afford the victim of a violent crime or a violation | of Section
11-501 of the Illinois Vehicle Code, or a | similar provision of a local
ordinance, or a qualified | individual affected by: (i) a violation of Section
405, | 405.1, 405.2, or 407 of the Illinois Controlled Substances |
| Act or a violation of Section 55 or Section 65 of the | Methamphetamine Control and Community Protection Act,
or | (ii) a Class 4 felony violation of Section 11-14, 11-14.3 | except as described in subdivisions (a)(2)(A) and | (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | Criminal Code of 1961 or the Criminal Code of 2012,
| committed by the defendant the opportunity to make a | statement
concerning the impact on the victim and to offer | evidence in aggravation or
mitigation; provided that the | statement and evidence offered in aggravation
or | mitigation must first be prepared in writing in conjunction | with the
State's Attorney before it may be presented orally | at the hearing. Any
sworn testimony offered by the victim | is subject to the defendant's right
to cross-examine. All | statements and evidence offered under this paragraph
(7) | shall become part of the record of the court. For the | purpose of this
paragraph (7), "qualified individual" | means any person who (i) lived or worked
within the | territorial jurisdiction where the offense took place when | the
offense took place;
and (ii) is familiar with various | public places within the territorial
jurisdiction where
| the offense took place when the offense took place. For the | purposes of
this paragraph (7), "qualified individual" | includes any peace officer,
or any member of any duly | organized State, county, or municipal peace unit
assigned | to the territorial jurisdiction where the offense took |
| place when the
offense took
place;
| (8) in cases of reckless homicide afford the victim's | spouse,
guardians, parents or other immediate family | members an opportunity to make
oral statements;
| (9) in cases involving a felony sex offense as defined | under the Sex
Offender
Management Board Act, consider the | results of the sex offender evaluation
conducted pursuant | to Section 5-3-2 of this Act; and
| (10) make a finding of whether a motor vehicle was used | in the commission of the offense for which the defendant is | being sentenced. | (b) All sentences shall be imposed by the judge based upon | his
independent assessment of the elements specified above and | any agreement
as to sentence reached by the parties. The judge | who presided at the
trial or the judge who accepted the plea of | guilty shall impose the
sentence unless he is no longer sitting | as a judge in that court. Where
the judge does not impose | sentence at the same time on all defendants
who are convicted | as a result of being involved in the same offense, the
| defendant or the State's Attorney may advise the sentencing | court of the
disposition of any other defendants who have been | sentenced.
| (b-1) In imposing a sentence of imprisonment or periodic | imprisonment for a Class 3 or Class 4 felony for which a | sentence of probation or conditional discharge is an available | sentence, if the defendant has no prior sentence of probation |
| or conditional discharge and no prior conviction for a violent | crime, the defendant shall not be sentenced to imprisonment | before review and consideration of a presentence report and | determination and explanation of why the particular evidence, | information, factor in aggravation, factual finding, or other | reasons support a sentencing determination that one or more of | the factors under subsection (a) of Section 5-6-1 of this Code | apply and that probation or conditional discharge is not an | appropriate sentence. | (c) In imposing a sentence for a violent crime or for an | offense of
operating or being in physical control of a vehicle | while under the
influence of alcohol, any other drug or any | combination thereof, or a
similar provision of a local | ordinance, when such offense resulted in the
personal injury to | someone other than the defendant, the trial judge shall
specify | on the record the particular evidence, information, factors in
| mitigation and aggravation or other reasons that led to his | sentencing
determination. The full verbatim record of the | sentencing hearing shall be
filed with the clerk of the court | and shall be a public record.
| (c-1) In imposing a sentence for the offense of aggravated | kidnapping for
ransom, home invasion, armed robbery, | aggravated vehicular hijacking,
aggravated discharge of a | firearm, or armed violence with a category I weapon
or category | II weapon,
the trial judge shall make a finding as to whether | the conduct leading to
conviction for the offense resulted in |
| great bodily harm to a victim, and
shall enter that finding and | the basis for that finding in the record.
| (c-2) If the defendant is sentenced to prison, other than | when a sentence of
natural life imprisonment or a sentence of | death is imposed, at the time
the sentence is imposed the judge | shall
state on the record in open court the approximate period | of time the defendant
will serve in custody according to the | then current statutory rules and
regulations for sentence | credit found in Section 3-6-3 and other related
provisions of | this Code. This statement is intended solely to inform the
| public, has no legal effect on the defendant's actual release, | and may not be
relied on by the defendant on appeal.
| The judge's statement, to be given after pronouncing the | sentence, other than
when the sentence is imposed for one of | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | shall include the following:
| "The purpose of this statement is to inform the public of | the actual period
of time this defendant is likely to spend in | prison as a result of this
sentence. The actual period of | prison time served is determined by the
statutes of Illinois as | applied to this sentence by the Illinois Department of
| Corrections and
the Illinois Prisoner Review Board. In this | case, assuming the defendant
receives all of his or her | sentence credit, the period of estimated actual
custody is ... | years and ... months, less up to 180 days additional sentence | credit for good conduct. If the defendant, because of his or
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| her own misconduct or failure to comply with the institutional | regulations,
does not receive those credits, the actual time | served in prison will be
longer. The defendant may also receive | an additional one-half day sentence
credit for each day of | participation in vocational, industry, substance abuse,
and | educational programs as provided for by Illinois statute."
| When the sentence is imposed for one of the offenses | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | when the sentence is imposed for one of the
offenses enumerated | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | 19, 1998, and other than when the sentence is imposed for
| reckless homicide as defined in subsection (e) of Section 9-3 | of the Criminal
Code of 1961 or the Criminal Code of 2012 if | the offense was committed on or after January 1, 1999, and
| other than when the sentence is imposed for aggravated arson if | the offense was
committed on or after July 27, 2001 (the | effective date of Public Act
92-176), and
other than when the | sentence is imposed for aggravated driving under the influence | of alcohol,
other drug or drugs, or intoxicating compound or | compounds, or any combination
thereof as defined in | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 11-501 of the Illinois Vehicle Code committed on or after | January 1, 2011 (the effective date of Public Act 96-1230), the
| judge's statement, to be given after pronouncing the sentence, | shall include
the following:
| "The purpose of this statement is to inform the public of |
| the actual period
of time this defendant is likely to spend in | prison as a result of this
sentence. The actual period of | prison time served is determined by the
statutes of Illinois as | applied to this sentence by the Illinois Department of
| Corrections and the Illinois Prisoner Review Board. In this | case,
assuming the defendant
receives all of his or her | sentence credit, the period of estimated actual
custody is ... | years and ... months, less up to 90 days additional sentence | credit for good conduct. If the defendant, because of his or
| her own misconduct or failure to comply with the institutional | regulations,
does not receive those credits, the actual time | served in prison will be
longer. The defendant may also receive | an additional one-half day sentence
credit for each day of | participation in vocational, industry, substance abuse,
and | educational programs as provided for by Illinois statute."
| When the sentence is imposed for one of the offenses | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | first degree murder, and the offense was
committed on or after | June 19, 1998, and when the sentence is imposed for
reckless | homicide as defined in subsection (e) of Section 9-3 of the | Criminal
Code of 1961 or the Criminal Code of 2012 if the | offense was committed on or after January 1, 1999,
and when the | sentence is imposed for aggravated driving under the influence
| of alcohol, other drug or drugs, or intoxicating compound or | compounds, or
any combination thereof as defined in | subparagraph (F) of paragraph (1) of
subsection (d) of Section |
| 11-501 of the Illinois Vehicle Code, and when
the sentence is | imposed for aggravated arson if the offense was committed
on or | after July 27, 2001 (the effective date of Public Act 92-176), | and when
the sentence is imposed for aggravated driving under | the influence of alcohol,
other drug or drugs, or intoxicating | compound or compounds, or any combination
thereof as defined in | subparagraph (C) of paragraph (1) of subsection (d) of
Section | 11-501 of the Illinois Vehicle Code committed on or after | January 1, 2011 (the effective date of Public Act 96-1230), the | judge's
statement, to be given after pronouncing the sentence, | shall include the
following:
| "The purpose of this statement is to inform the public of | the actual period
of time this defendant is likely to spend in | prison as a result of this
sentence. The actual period of | prison time served is determined by the
statutes of Illinois as | applied to this sentence by the Illinois Department of
| Corrections and
the Illinois Prisoner Review Board. In this | case,
the defendant is entitled to no more than 4 1/2 days of | sentence credit for
each month of his or her sentence of | imprisonment. Therefore, this defendant
will serve at least 85% | of his or her sentence. Assuming the defendant
receives 4 1/2 | days credit for each month of his or her sentence, the period
| of estimated actual custody is ... years and ... months. If the | defendant,
because of his or her own misconduct or failure to | comply with the
institutional regulations receives lesser | credit, the actual time served in
prison will be longer."
|
| When a sentence of imprisonment is imposed for first degree | murder and
the offense was committed on or after June 19, 1998, | the judge's statement,
to be given after pronouncing the | sentence, shall include the following:
| "The purpose of this statement is to inform the public of | the actual period
of time this defendant is likely to spend in | prison as a result of this
sentence. The actual period of | prison time served is determined by the
statutes of Illinois as | applied to this sentence by the Illinois Department
of | Corrections and the Illinois Prisoner Review Board. In this | case, the
defendant is not entitled to sentence credit. | Therefore, this defendant
will serve 100% of his or her | sentence."
| When the sentencing order recommends placement in a | substance abuse program for any offense that results in | incarceration
in a Department of Corrections facility and the | crime was
committed on or after September 1, 2003 (the | effective date of Public Act
93-354), the judge's
statement, in | addition to any other judge's statement required under this
| Section, to be given after pronouncing the sentence, shall | include the
following:
| "The purpose of this statement is to inform the public of
| the actual period of time this defendant is likely to spend in
| prison as a result of this sentence. The actual period of
| prison time served is determined by the statutes of Illinois as
| applied to this sentence by the Illinois Department of
|
| Corrections and the Illinois Prisoner Review Board. In this
| case, the defendant shall receive no sentence credit for good | conduct under clause (3) of subsection (a) of Section 3-6-3 | until he or
she participates in and completes a substance abuse | treatment program or receives a waiver from the Director of | Corrections pursuant to clause (4.5) of subsection (a) of | Section 3-6-3."
| (c-4) Before the sentencing hearing and as part of the | presentence investigation under Section 5-3-1, the court shall | inquire of the defendant whether the defendant is currently | serving in or is a veteran of the Armed Forces of the United | States.
If the defendant is currently serving in the Armed | Forces of the United States or is a veteran of the Armed Forces | of the United States and has been diagnosed as having a mental | illness by a qualified psychiatrist or clinical psychologist or | physician, the court may: | (1) order that the officer preparing the presentence | report consult with the United States Department of | Veterans Affairs, Illinois Department of Veterans' | Affairs, or another agency or person with suitable | knowledge or experience for the purpose of providing the | court with information regarding treatment options | available to the defendant, including federal, State, and | local programming; and | (2) consider the treatment recommendations of any | diagnosing or treating mental health professionals |
| together with the treatment options available to the | defendant in imposing sentence. | For the purposes of this subsection (c-4), "qualified | psychiatrist" means a reputable physician licensed in Illinois | to practice medicine in all its branches, who has specialized | in the diagnosis and treatment of mental and nervous disorders | for a period of not less than 5 years. | (c-6) In imposing a sentence, the trial judge shall | specify, on the record, the particular evidence and other | reasons which led to his or her determination that a motor | vehicle was used in the commission of the offense. | (d) When the defendant is committed to the Department of
| Corrections, the State's Attorney shall and counsel for the | defendant
may file a statement with the clerk of the court to | be transmitted to
the department, agency or institution to | which the defendant is
committed to furnish such department, | agency or institution with the
facts and circumstances of the | offense for which the person was
committed together with all | other factual information accessible to them
in regard to the | person prior to his commitment relative to his habits,
| associates, disposition and reputation and any other facts and
| circumstances which may aid such department, agency or | institution
during its custody of such person. The clerk shall | within 10 days after
receiving any such statements transmit a | copy to such department, agency
or institution and a copy to | the other party, provided, however, that
this shall not be |
| cause for delay in conveying the person to the
department, | agency or institution to which he has been committed.
| (e) The clerk of the court shall transmit to the | department,
agency or institution, if any, to which the | defendant is committed, the
following:
| (1) the sentence imposed;
| (2) any statement by the court of the basis for | imposing the sentence;
| (3) any presentence reports;
| (3.5) any sex offender evaluations;
| (3.6) any substance abuse treatment eligibility | screening and assessment of the defendant by an agent | designated by the State of Illinois to provide assessment | services for the Illinois courts;
| (4) the number of days, if any, which the defendant has | been in
custody and for which he is entitled to credit | against the sentence,
which information shall be provided | to the clerk by the sheriff;
| (4.1) any finding of great bodily harm made by the | court with respect
to an offense enumerated in subsection | (c-1);
| (5) all statements filed under subsection (d) of this | Section;
| (6) any medical or mental health records or summaries | of the defendant;
| (7) the municipality where the arrest of the offender |
| or the commission
of the offense has occurred, where such | municipality has a population of
more than 25,000 persons;
| (8) all statements made and evidence offered under | paragraph (7) of
subsection (a) of this Section; and
| (9) all additional matters which the court directs the | clerk to
transmit.
| (f) In cases in which the court finds that a motor vehicle | was used in the commission of the offense for which the | defendant is being sentenced, the clerk of the court shall, | within 5 days thereafter, forward a report of such conviction | to the Secretary of State. | (Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11; | 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. | 8-12-11; 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
| (730 ILCS 5/5-8-8) | (Section scheduled to be repealed on December 31, 2020) | Sec. 5-8-8. Illinois Sentencing Policy Advisory Council. | (a) Creation. There is created under the jurisdiction of | the Governor the Illinois Sentencing Policy Advisory Council, | hereinafter referred to as the Council. | (b) Purposes and goals. The purpose of the Council is to | review sentencing policies and practices and examine how these | policies and practices impact the criminal justice system as a | whole in the State of Illinois.
In carrying out its duties, the | Council shall be mindful of and aim to achieve the purposes of
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| sentencing in Illinois, which are set out in Section 1-1-2 of | this Code: | (1) prescribe sanctions proportionate to the | seriousness of the offenses and permit the recognition of | differences in rehabilitation possibilities among | individual offenders; | (2) forbid and prevent the commission of offenses; | (3) prevent arbitrary or oppressive treatment of | persons adjudicated offenders or delinquents; and | (4) restore offenders to useful citizenship. | (c) Council composition. | (1) The Council shall consist of the following members: | (A) the President of the Senate, or his or her | designee; | (B) the Minority Leader of the Senate, or his or | her designee; | (C) the Speaker of the House, or his or her | designee; | (D) the Minority Leader of the House, or his or her | designee; | (E) the Governor, or his or her designee; | (F) the Attorney General, or his or her designee; | (G) two retired judges, who may have been circuit, | appellate, or supreme court judges; retired judges | appointed prior to the effective date of this | amendatory Act of the 98th General Assembly shall be |
| selected by the members of the Council designated in | clauses (c)(1)(A) through (L), and retired judges | appointed on or after the effective date of this | amendatory Act of the 98th General Assembly shall be | appointed by the Chief Justice of the Illinois Supreme | Court; | (G-5) two sitting judges, who may be circuit, | appellate, or supreme court judges, appointed by the | Chief Justice of the Supreme Court; one member | appointed under this paragraph (G-5) shall be selected | from the Circuit Court of Cook County or the First | Judicial District, and one member appointed under this | paragraph (G-5) shall be selected from a judicial | circuit or district other than the Circuit Court of | Cook County or the First Judicial District; | (H) the Cook County State's Attorney, or his or her | designee; | (I) the Cook County Public Defender, or his or her | designee; | (J) a State's Attorney not from Cook County, | appointed by the State's Attorney's
Appellate | Prosecutor; | (K) the State Appellate Defender, or his or her | designee; | (L) the Director of the Administrative Office of | the Illinois Courts, or his or her designee; |
| (M) a victim of a violent felony or a | representative of a crime victims' organization,
| selected by the members of the Council designated in | clauses (c)(1)(A) through (L); | (N) a representative of a community-based | organization, selected by the members of
the Council | designated in clauses (c)(1)(A) through (L); | (O) a criminal justice academic researcher, to be | selected by the members of the
Council designated in | clauses (c)(1)(A) through (L); | (P) a representative of law enforcement from a unit | of local government to be
selected by the members of | the Council designated in clauses (c)(1)(A) through | (L); | (Q) a sheriff selected by the members of the | Council designated in clauses (c)(1)(A) through (L); | and | (R) ex-officio members shall include: | (i) the Director of Corrections, or his or her | designee; | (ii) the Chair of the Prisoner Review Board, or | his or her designee; | (iii) the Director of the Illinois State | Police, or his or her designee; and | (iv) the Director of the Illinois Criminal | Justice Information Authority, or his
or her |
| designee. | (1.5) The Chair and Vice Chair shall be elected from | among its members by a majority of the members of the | Council. | (2) Members of the Council who serve because of their | public office or position, or those who are designated as | members by such officials, shall serve only as long as they | hold such office or position. | (3) Council members shall serve without compensation | but shall be reimbursed for travel and per diem expenses | incurred in their work for the Council. | (4) The Council may exercise any power, perform any | function, take any action, or do anything in furtherance of | its purposes and goals
upon the appointment of a quorum of | its members. The term of office of each member of the | Council ends on the date of repeal of this amendatory Act | of the 96th General Assembly. | (d) Duties. The Council shall perform, as resources permit, | duties including: | (1) Collect and analyze information including | sentencing data, crime trends, and existing correctional | resources to support legislative and executive action | affecting the use of correctional resources on the State | and local levels. | (2) Prepare criminal justice population projections | annually, including correctional and community-based |
| supervision populations. | (3) Analyze data relevant to proposed sentencing | legislation and its effect on current policies or | practices, and provide information to support | evidence-based sentencing. | (4) Ensure that adequate resources and facilities are | available for carrying out sentences imposed on offenders | and that rational priorities are established for the use of | those resources. To do so, the Council shall prepare | criminal justice resource statements, identifying the | fiscal and practical effects of proposed criminal | sentencing legislation, including, but not limited to, the | correctional population, court processes, and county or | local government resources. | (5) Perform such other studies or tasks pertaining to | sentencing policies as may be requested by the Governor or | the Illinois General Assembly. | (6) Perform such other functions as may be required by | law or as are necessary to carry out the purposes and goals | of the Council prescribed in subsection (b). | (7) Publish a report on the trends in sentencing for | offenders described in subsection (b-1) of Section 5-4-1 of | this Code, the impact of the trends on the prison and | probation populations, and any changes in the racial | composition of the prison and probation populations that | can be attributed to the changes made by adding subsection |
| (b-1) of Section 5-4-1 to this Code by this amendatory Act | of the 99th General Assembly. | (e) Authority. | (1) The Council shall have the power to perform the | functions necessary to carry out its duties, purposes and | goals under this Act. In so doing, the Council shall | utilize information and analysis developed by the Illinois | Criminal Justice Information Authority, the Administrative | Office of the Illinois Courts, and the Illinois Department | of Corrections. | (2) Upon request from the Council, each executive | agency and department of State and local government shall | provide information and records to the Council in the | execution of its duties. | (f) Report. The Council shall report in writing annually to | the General Assembly, the Illinois Supreme Court, and the | Governor. | (g) This Section is repealed on December 31, 2020.
| (Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15.)
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Effective Date: 1/1/2017
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