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Public Act 099-0861


 

Public Act 0861 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0861
 
SB3164 EnrolledLRB099 20432 RLC 44931 b

    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
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
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.)

Effective Date: 1/1/2017