State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0663

HB1762 Re-Enrolled                             LRB9104930OBcd

    AN ACT concerning treatment of addicts and alcoholics.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Alcoholism  and  Other  Drug  Abuse and
Dependency Act  is  amended  by  changing  Section  40-10  as
follows:

    (20 ILCS 301/40-10)
    Sec. 40-10.  Treatment as a condition of probation.
    (a)  If  a court has reason to believe that an individual
who is charged with or convicted  of  a  crime  suffers  from
alcoholism  or  other drug addiction and the court finds that
he is eligible  to  make  the  election  provided  for  under
Section  40-5, the court shall advise the individual him that
he or she may be sentenced to placed on probation  and  shall
be subject to terms and conditions of probation under Section
5-6-3  of the Unified Code of Corrections if he or she elects
to submit to treatment and is accepted  for  treatment  by  a
designated  program.   The  court  shall  further  advise the
individual him that:
         (1)  if he or she elects to submit to treatment  and
    is accepted he or she shall may be sentenced to placed on
    probation   and  placed  under  the  supervision  of  the
    designated program for a period not to exceed the maximum
    sentence that could be imposed for his  conviction  or  5
    years, whichever is less.
         (2)  during  probation  he  or she may be treated at
    the discretion of the designated program.
         (3)  if he or she adheres to the requirements of the
    designated program and fulfills the other  conditions  of
    probation  ordered  by  the  court,  he  or  she  will be
    discharged, but any failure to adhere to the requirements
    of the designated program is a breach of probation.
    Other conditions of probation that the  court  may  order
shall  include  any  condition  of probation as authorized by
Section 5-6-3 of the Unified Code of Corrections.  The  court
may  certify  an  individual for treatment while on probation
under the supervision of a designated program  and  probation
authorities regardless of the election of the individual.
    (b)  If  the individual elects to undergo treatment or is
certified for treatment, the court shall order an examination
by a designated program to determine whether he suffers  from
alcoholism  or  other  drug  addiction  and  is  likely to be
rehabilitated  through  treatment.   The  designated  program
shall report to the court the results of the examination  and
recommend   whether  the  individual  should  be  placed  for
treatment.  If the court, on the  basis  of  the  report  and
other information, finds that such an individual suffers from
alcoholism  or  other  drug  addiction  and  is  likely to be
rehabilitated through  treatment,  the  individual  shall  be
placed on probation and under the supervision of a designated
program for treatment and under the supervision of the proper
probation   authorities  for  probation  supervision  unless,
giving consideration to the nature and circumstances  of  the
offense  and  to  the history, character and condition of the
individual, the court is of the opinion that  no  significant
relationship  exists  between  the addiction or alcoholism of
the  individual  and  the  crime  committed,  or   that   his
imprisonment  or  periodic  imprisonment is necessary for the
protection of the public, and  the  court  specifies  on  the
record  the particular evidence, information or other reasons
that form the basis  of  such  opinion.   However,  under  no
circumstances  shall  the  individual  be  placed  under  the
supervision  of a designated program for treatment before the
entry of a judgment of conviction.
    (c)  If the court, on the basis of the  report  or  other
information,   finds   that  the  individual  suffering  from
alcoholism or other  drug  addiction  is  not  likely  to  be
rehabilitated  through  treatment,  or  that his addiction or
alcoholism and the  crime  committed  are  not  significantly
related, or that his imprisonment or periodic imprisonment is
necessary  for  the protection of the public, the court shall
impose sentence as in other cases. The court may require such
progress reports on the individual from the probation officer
and designated program as  the  court  finds  necessary.   No
individual may be placed under treatment supervision unless a
designated program accepts him for treatment.
    (d)  Failure  of  an  individual  placed on probation and
under the supervision of a designated program to observe  the
requirements  set  down  by  the  designated program shall be
considered a probation violation.    Such  failure  shall  be
reported  by  the designated program to the probation officer
in charge of the individual and treated  in  accordance  with
probation regulations.
    (e)  Upon   successful   fulfillment  of  the  terms  and
conditions of probation the court shall discharge the  person
from  probation.   If  the  person  has  not  previously been
convicted of any felony offense and has not  previously  been
granted  a  vacation  of  judgment  under  this Section, upon
motion, the court shall vacate the judgment of conviction and
dismiss the criminal proceedings against him  unless,  having
considered  the  nature  and circumstances of the offense and
the history, character and condition of the  individual,  the
court  finds  that  the motion should not be granted.  Unless
good cause is shown, such motion  to  vacate  must  be  filed
within 30 days of the entry of the judgment.

    Section  10.  The  Unified Code of Corrections is amended
by changing  Section 5-5-3 as follows:
    (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3.  Disposition.
    (a)  Every  person  convicted  of  an  offense  shall  be
sentenced as provided in this Section.
    (b)  The   following   options   shall   be   appropriate
dispositions, alone or in combination, for all  felonies  and
misdemeanors other than those identified in subsection (c) of
this Section:
         (1)  A period of probation.
         (2)  A term of periodic imprisonment.
         (3)  A term of conditional discharge.
         (4)  A term of imprisonment.
         (5)  An order directing the offender to clean up and
    repair  the  damage,  if the offender was convicted under
    paragraph (h) of Section 21-1 of  the  Criminal  Code  of
    1961.
         (6)  A fine.
         (7)  An   order   directing  the  offender  to  make
    restitution to the victim under  Section  5-5-6  of  this
    Code.
         (8)  A  sentence of participation in a county impact
    incarceration program under Section 5-8-1.2 of this Code.
    Whenever an individual is sentenced for an offense  based
upon  an  arrest  for  a  violation  of Section 11-501 of the
Illinois Vehicle Code, or a  similar  provision  of  a  local
ordinance,   and   the   professional  evaluation  recommends
remedial or rehabilitative treatment  or  education,  neither
the treatment nor the education shall be the sole disposition
and  either  or  both may be imposed only in conjunction with
another disposition. The court shall monitor compliance  with
any remedial education or treatment recommendations contained
in  the professional evaluation.  Programs conducting alcohol
or other  drug  evaluation  or  remedial  education  must  be
licensed  by  the  Department of Human Services.  However, if
the individual is not a resident of Illinois, the  court  may
accept  an  alcohol  or  other  drug  evaluation  or remedial
education  program  in  the  state   of   such   individual's
residence.   Programs  providing  treatment  must be licensed
under  existing  applicable  alcoholism  and  drug  treatment
licensure standards.
    In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501  of
the  Illinois  Vehicle  Code  or a similar provision of local
ordinance, whose  operation  of  a  motor  vehicle  while  in
violation  of  Section  11-501  or such ordinance proximately
caused an incident  resulting  in  an  appropriate  emergency
response,  shall  be required to make restitution to a public
agency for  the  costs  of  that  emergency  response.   Such
restitution  shall not exceed $500 per public agency for each
such emergency response.  For the purpose of this  paragraph,
emergency  response  shall  mean  any  incident  requiring  a
response  by: a police officer as defined under Section 1-162
of the Illinois Vehicle Code; a fireman carried on the  rolls
of  a regularly constituted fire department; and an ambulance
as defined  under  Section  4.05  of  the  Emergency  Medical
Services (EMS) Systems Act.
    Neither   a  fine  nor  restitution  shall  be  the  sole
disposition for a felony and either or both  may  be  imposed
only in conjunction with another disposition.
    (c) (1)  When a defendant is found guilty of first degree
    murder   the   State   may  either  seek  a  sentence  of
    imprisonment under Section 5-8-1 of this Code,  or  where
    appropriate seek a sentence of death under Section 9-1 of
    the Criminal Code of 1961.
         (2)  A  period  of  probation,  a  term  of periodic
    imprisonment  or  conditional  discharge  shall  not   be
    imposed  for  the  following  offenses.  The  court shall
    sentence the offender to not less than the  minimum  term
    of  imprisonment set forth in this Code for the following
    offenses, and may order a fine or restitution or both  in
    conjunction with such term of imprisonment:
              (A)  First   degree   murder  where  the  death
         penalty is not imposed.
              (B)  Attempted first degree murder.
              (C)  A Class X felony.
              (D)  A violation of Section 401.1 or 407 of the
         Illinois Controlled Substances Act, or  a  violation
         of  subdivision  (c)(2)  of  Section 401 of that Act
         which relates to more than 5 grams  of  a  substance
         containing cocaine or an analog thereof.
              (E)  A  violation  of  Section  5.1 or 9 of the
         Cannabis Control Act.
              (F)  A  Class  2  or  greater  felony  if   the
         offender  had been convicted of a Class 2 or greater
         felony within 10 years of  the  date  on  which  the
         offender  he  committed  the offense for which he or
         she is being sentenced, except as otherwise provided
         in Section 40-10 of the Alcoholism  and  Other  Drug
         Abuse and Dependency Act.
              (G)  Residential  burglary, except as otherwise
         provided in Section  40-10  of  the  Alcoholism  and
         Other Drug Abuse and Dependency Act.
              (H)  Criminal   sexual   assault,   except   as
         otherwise   provided   in  subsection  (e)  of  this
         Section.
              (I)  Aggravated battery of a senior citizen.
              (J)  A  forcible  felony  if  the  offense  was
         related to the activities of an organized gang.
              Before July 1, 1994, for the purposes  of  this
         paragraph,  "organized gang" means an association of
         5 or more persons, with  an  established  hierarchy,
         that   encourages  members  of  the  association  to
         perpetrate crimes or provides support to the members
         of the association who do commit crimes.
              Beginning July 1, 1994,  for  the  purposes  of
         this  paragraph,  "organized  gang"  has the meaning
         ascribed  to  it  in  Section  10  of  the  Illinois
         Streetgang Terrorism Omnibus Prevention Act.
              (K)  Vehicular hijacking.
              (L)  A second or subsequent conviction for  the
         offense  of  hate  crime when the underlying offense
         upon  which  the  hate  crime  is  based  is  felony
         aggravated assault or felony mob action.
              (M)  A second or subsequent conviction for  the
         offense  of institutional vandalism if the damage to
         the property exceeds $300.
              (N)  A Class 3 felony  violation  of  paragraph
         (1)  of  subsection  (a) of Section 2 of the Firearm
         Owners Identification Card Act.
              (O)  A  violation  of  Section  12-6.1  of  the
         Criminal Code of 1961.
              (P)  A violation of paragraph  (1),  (2),  (3),
         (4),  (5),  or  (7)  of  subsection  (a)  of Section
         11-20.1 of the Criminal Code of 1961.
              (Q)  A  violation  of  Section  20-1.2  of  the
         Criminal Code of 1961.
              (R) (Q)  A violation of Section  24-3A  of  the
         Criminal Code of 1961.
         (3)  A minimum term of imprisonment of not less than
    48 consecutive hours or 100 hours of community service as
    may  be  determined  by  the court shall be imposed for a
    second or subsequent violation committed within  5  years
    of a previous violation of Section 11-501 of the Illinois
    Vehicle Code or a similar provision of a local ordinance.
         (4)  A minimum term of imprisonment of not less than
    7  consecutive days or 30 days of community service shall
    be imposed for a violation of paragraph  (c)  of  Section
    6-303 of the Illinois Vehicle Code.
         (4.1)  A  minimum  term  of  30  consecutive days of
    imprisonment, 40 days of 24 hour periodic imprisonment or
    720 hours of community service, as may be  determined  by
    the  court,  shall  be imposed for a violation of Section
    11-501 of the Illinois Vehicle Code during  a  period  in
    which  the  defendant's driving privileges are revoked or
    suspended, where the revocation or suspension was  for  a
    violation  of  Section 11-501 or Section 11-501.1 of that
    Code.
         (5)  The court may sentence an offender convicted of
    a business offense or a petty offense or a corporation or
    unincorporated association convicted of any offense to:
              (A)  a period of conditional discharge;
              (B)  a fine;
              (C)  make  restitution  to  the  victim   under
         Section 5-5-6 of this Code.
         (6)  In  no case shall an offender be eligible for a
    disposition of probation or conditional discharge  for  a
    Class  1  felony committed while he was serving a term of
    probation or conditional discharge for a felony.
         (7)  When  a  defendant  is  adjudged   a   habitual
    criminal  under Article 33B of the Criminal Code of 1961,
    the court shall sentence  the  defendant  to  a  term  of
    natural life imprisonment.
         (8)  When  a defendant, over the age of 21 years, is
    convicted of a Class 1 or Class 2  felony,  after  having
    twice  been  convicted  of  any  Class 2 or greater Class
    felonies in Illinois, and  such  charges  are  separately
    brought  and  tried  and arise out of different series of
    acts, such defendant shall be  sentenced  as  a  Class  X
    offender.  This  paragraph shall not apply unless (1) the
    first felony was committed after the  effective  date  of
    this  amendatory  Act  of 1977; and (2) the second felony
    was committed after conviction on the first; and (3)  the
    third  felony  was  committed  after  conviction  on  the
    second.
         (9)  A defendant convicted of a second or subsequent
    offense  of  ritualized abuse of a child may be sentenced
    to a term of natural life imprisonment.
         (10)  Beginning  July  1,  1994,  unless  sentencing
    under Section 33B-1 is applicable, a term of imprisonment
    of not less than 15 years nor more than 50 years shall be
    imposed on a defendant who violates Section 33A-2 of  the
    Criminal  Code  of  1961 with a firearm, when that person
    has been convicted in any state or federal court of 3  or
    more  of  the  following  offenses: treason, first degree
    murder, second degree murder, aggravated criminal  sexual
    assault,  criminal  sexual  assault,  robbery,  burglary,
    arson,  kidnaping,  aggravated battery resulting in great
    bodily harm or permanent disability or disfigurement,  or
    a  violation of Section 401(a) of the Illinois Controlled
    Substances Act, when  the  third  offense  was  committed
    after  conviction  on  the second, the second offense was
    committed  after  conviction  on  the  first,   and   the
    violation  of  Section 33A-2 of the Criminal Code of 1961
    was committed after conviction on the third.
         (11)  Beginning July 1, 1994, a term of imprisonment
    of not less than 10 years and  not  more  than  30  years
    shall  be  imposed  on  a  defendant who violates Section
    33A-2 with a Category I  weapon  where  the  offense  was
    committed in any school, or any conveyance owned, leased,
    or  contracted  by  a  school to transport students to or
    from school or a school related  activity,  on  the  real
    property  comprising any school or public park, and where
    the offense was related to the activities of an organized
    gang.   For  the  purposes  of   this   paragraph   (11),
    "organized  gang"  has  the  meaning  ascribed  to  it in
    Section 10 of the Illinois Streetgang  Terrorism  Omnibus
    Prevention Act.
    (d)  In  any  case in which a sentence originally imposed
is vacated, the case shall be remanded to  the  trial  court.
The  trial  court shall hold a hearing under Section 5-4-1 of
the Unified Code of Corrections which may include evidence of
the defendant's life, moral character and  occupation  during
the  time  since the original sentence was passed.  The trial
court shall then impose sentence  upon  the  defendant.   The
trial  court  may  impose  any sentence which could have been
imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
    (e)  In  cases  where  prosecution  for  criminal  sexual
assault or aggravated criminal  sexual  abuse  under  Section
12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
conviction of a defendant who was  a  family  member  of  the
victim  at  the  time  of  the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
         (1)  the  court  finds  (A)  or  (B)  or  both   are
    appropriate:
              (A)  the  defendant  is  willing  to  undergo a
         court approved  counseling  program  for  a  minimum
         duration of 2 years; or
              (B)  the defendant is willing to participate in
         a  court  approved plan including but not limited to
         the defendant's:
                   (i)  removal from the household;
                   (ii)  restricted contact with the victim;
                   (iii)  continued financial support of  the
              family;
                   (iv)  restitution  for  harm  done  to the
              victim; and
                   (v)  compliance with  any  other  measures
              that the court may deem appropriate; and
         (2)  the  court  orders the defendant to pay for the
    victim's counseling services,  to  the  extent  that  the
    court finds, after considering the defendant's income and
    assets,  that  the  defendant  is  financially capable of
    paying for such services, if  the  victim  was  under  18
    years  of  age  at the time the offense was committed and
    requires counseling as a result of the offense.
    Probation may be revoked or modified pursuant to  Section
5-6-4;  except where the court determines at the hearing that
the defendant violated a condition of his  or  her  probation
restricting  contact  with the victim or other family members
or commits another offense with the victim  or  other  family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For  the  purposes  of  this Section, "family member" and
"victim" shall have the meanings ascribed to them in  Section
12-12 of the Criminal Code of 1961.
    (f)  This  Article  shall  not  deprive  a court in other
proceedings to order a forfeiture of property, to suspend  or
cancel  a  license,  to  remove  a  person from office, or to
impose any other civil penalty.
    (g)  Whenever a defendant  is  convicted  of  an  offense
under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
12-15  or  12-16  of the Criminal Code of 1961, the defendant
shall  undergo  medical  testing  to  determine  whether  the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any   other   identified   causative   agent   of    acquired
immunodeficiency  syndrome  (AIDS).   Any  such  medical test
shall be performed only  by  appropriately  licensed  medical
practitioners  and  may  include  an  analysis  of any bodily
fluids as well as an examination of the  defendant's  person.
Except as otherwise provided by law, the results of such test
shall  be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the  judge  of  the  court  in  which  the
conviction  was entered for the judge's inspection in camera.
Acting in accordance with the best interests  of  the  victim
and  the  public,  the  judge  shall  have  the discretion to
determine to whom, if anyone, the results of the testing  may
be revealed. The court shall notify the defendant of the test
results.  The court shall also notify the victim if requested
by  the  victim, and if the victim is under the age of 15 and
if requested by the victim's parents or legal  guardian,  the
court  shall notify the victim's parents or legal guardian of
the test results.  The court shall provide information on the
availability of HIV testing and counseling at  Department  of
Public  Health  facilities to all parties to whom the results
of the testing are revealed  and  shall  direct  the  State's
Attorney  to  provide  the  information  to  the  victim when
possible. A State's Attorney may petition the court to obtain
the results of any HIV test administered under this  Section,
and  the  court  shall  grant  the  disclosure if the State's
Attorney shows it is relevant in order to prosecute a  charge
of  criminal transmission of HIV under Section 12-16.2 of the
Criminal Code of 1961 against the defendant.  The court shall
order that the cost of any such test shall  be  paid  by  the
county  and  may  be  taxed  as  costs  against the convicted
defendant.
    (g-5)  When  an  inmate  is  tested   for   an   airborne
communicable   disease,   as   determined   by  the  Illinois
Department of Public Health  including  but  not  limited  to
tuberculosis,  the  results  of  the test shall be personally
delivered by the warden or his or her designee  in  a  sealed
envelope  to  the judge of the court in which the inmate must
appear for the judge's inspection in camera if  requested  by
the  judge.   Acting in accordance with the best interests of
those in the courtroom, the judge shall have  the  discretion
to  determine  what  if  any  precautions need to be taken to
prevent transmission of the disease in the courtroom.
    (h)  Whenever a defendant  is  convicted  of  an  offense
under  Section  1 or 2 of the Hypodermic Syringes and Needles
Act, the defendant shall undergo medical testing to determine
whether   the   defendant   has   been   exposed   to   human
immunodeficiency  virus  (HIV)  or   any   other   identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall  be kept strictly confidential by all medical personnel
involved in the testing and must be personally delivered in a
sealed envelope to the  judge  of  the  court  in  which  the
conviction  was entered for the judge's inspection in camera.
Acting in accordance with the best interests of  the  public,
the  judge shall have the discretion to determine to whom, if
anyone, the results of the testing may be revealed. The court
shall notify the defendant of  a  positive  test  showing  an
infection  with  the  human immunodeficiency virus (HIV). The
court shall provide information on the  availability  of  HIV
testing   and  counseling  at  Department  of  Public  Health
facilities to all parties to whom the results of the  testing
are revealed and shall direct the State's Attorney to provide
the  information  to  the  victim  when  possible.  A State's
Attorney may petition the court to obtain the results of  any
HIV  test  administered  under  this   Section, and the court
shall grant the disclosure if the State's Attorney  shows  it
is  relevant  in  order  to  prosecute  a  charge of criminal
transmission of HIV under Section  12-16.2  of  the  Criminal
Code  of  1961  against  the defendant. The court shall order
that the cost of any such test shall be paid  by  the  county
and may be taxed as costs against the convicted defendant.
    (i)  All  fines  and penalties imposed under this Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of  a  local  ordinance,
and any violation of the Child Passenger Protection Act, or a
similar  provision  of  a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under  Section
27.5 of the Clerks of Courts Act.
    (j)  In  cases  when  prosecution  for  any  violation of
Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
12-16  of  the  Criminal  Code  of 1961, any violation of the
Illinois Controlled Substances Act, or any violation  of  the
Cannabis  Control Act results in conviction, a disposition of
court supervision, or an order  of  probation  granted  under
Section  10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance Act of a defendant,  the  court
shall  determine  whether  the  defendant  is  employed  by a
facility or center as defined under the  Child  Care  Act  of
1969,  a public or private elementary or secondary school, or
otherwise works with children under 18  years  of  age  on  a
daily  basis.   When  a  defendant  is so employed, the court
shall order the Clerk of the Court to  send  a  copy  of  the
judgment  of  conviction or order of supervision or probation
to  the  defendant's  employer  by  certified  mail.  If  the
employer of the defendant is a school, the Clerk of the Court
shall direct the  mailing  of  a  copy  of  the  judgment  of
conviction  or  order  of  supervision  or  probation  to the
appropriate regional superintendent of schools.  The regional
superintendent of schools shall notify  the  State  Board  of
Education of any notification under this subsection.
    (j-5)  A  defendant  at  least  17  years  of  age who is
convicted of  a  felony  and  who  has  not  been  previously
convicted  of a misdemeanor or felony and who is sentenced to
a  term  of  imprisonment  in  the  Illinois  Department   of
Corrections  shall  as  a condition of his or her sentence be
required by the court to attend educational courses  designed
to  prepare  the  defendant  for a high school diploma and to
work toward a high school diploma or to work  toward  passing
the high school level Test of General Educational Development
(GED)  or  to  work  toward  completing a vocational training
program offered by  the  Department  of  Corrections.   If  a
defendant fails to complete the educational training required
by  his or her sentence during the term of incarceration, the
Prisoner Review Board shall,  as  a  condition  of  mandatory
supervised  release, require the defendant, at his or her own
expense, to pursue a course of study  toward  a  high  school
diploma  or  passage  of  the  GED test.  The Prisoner Review
Board shall revoke the  mandatory  supervised  release  of  a
defendant  who  wilfully fails to comply with this subsection
(j-5) upon his or her release from  confinement  in  a  penal
institution  while  serving  a  mandatory  supervised release
term; however, the inability of the defendant after making  a
good  faith  effort  to  obtain  financial aid or pay for the
educational training shall not be deemed a wilful failure  to
comply.    The  Prisoner  Review  Board  shall  recommit  the
defendant whose mandatory supervised release  term  has  been
revoked  under  this  subsection (j-5) as provided in Section
3-3-9.  This subsection (j-5) does not apply to  a  defendant
who  has a high school diploma or has successfully passed the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
    (k)  A court may not impose a sentence or disposition for
a felony or misdemeanor that requires  the  defendant  to  be
implanted  or  injected  with  or  to  use  any form of birth
control.
    (l) (A)  Except  as  provided   in   paragraph   (C)   of
    subsection  (l), whenever a defendant, who is an alien as
    defined  by  the  Immigration  and  Nationality  Act,  is
    convicted of any felony or misdemeanor offense, the court
    after sentencing the defendant may, upon  motion  of  the
    State's  Attorney,  hold  sentence in abeyance and remand
    the defendant to the custody of the Attorney  General  of
    the  United  States  or his or her designated agent to be
    deported when:
              (1)  a final  order  of  deportation  has  been
         issued against the defendant pursuant to proceedings
         under the Immigration and Nationality Act, and
              (2)  the deportation of the defendant would not
         deprecate the seriousness of the defendant's conduct
         and  would  not  be  inconsistent  with  the ends of
         justice.
         Otherwise,  the  defendant  shall  be  sentenced  as
    provided in this Chapter V.
         (B)  If the defendant has already been sentenced for
    a felony or misdemeanor offense, or has  been  placed  on
    probation under Section 10 of the Cannabis Control Act or
    Section  410  of  the Illinois Controlled Substances Act,
    the court may, upon motion of  the  State's  Attorney  to
    suspend the sentence imposed, commit the defendant to the
    custody  of  the Attorney General of the United States or
    his or her designated agent when:
              (1)  a final  order  of  deportation  has  been
         issued against the defendant pursuant to proceedings
         under the Immigration and Nationality Act, and
              (2)  the deportation of the defendant would not
         deprecate the seriousness of the defendant's conduct
         and  would  not  be  inconsistent  with  the ends of
         justice.
         (C)  This subsection (l) does not apply to offenders
    who are subject to the provisions  of  paragraph  (2)  of
    subsection (a) of Section 3-6-3.
         (D)  Upon  motion  of  the  State's  Attorney,  if a
    defendant sentenced under this  Section  returns  to  the
    jurisdiction of the United States, the defendant shall be
    recommitted to the custody of the county from which he or
    she  was  sentenced.  Thereafter,  the defendant shall be
    brought before the sentencing court, which may impose any
    sentence that was available under Section  5-5-3  at  the
    time  of  initial sentencing.  In addition, the defendant
    shall not be eligible for additional good conduct  credit
    for meritorious service as provided under Section 3-6-6.
    (m)  A   person   convicted  of  criminal  defacement  of
property under Section 21-1.3 of the Criminal Code  of  1961,
in  which  the  property damage exceeds $300 and the property
damaged is a school building, shall  be  ordered  to  perform
community  service  that  may  include  cleanup,  removal, or
painting over the defacement.
(Source: P.A.  89-8,  eff.  3-21-95;  89-314,  eff.   1-1-96;
89-428,  eff.  12-13-95;  89-462,  eff. 5-29-96; 89-477, eff.
6-18-96; 89-507, eff. 7-1-97; 89-545, eff.  7-25-96;  89-587,
eff.  7-31-96;  89-627,  eff.  1-1-97;  89-688,  eff. 6-1-97;
90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff.  1-1-99;
90-685,  eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)
(Source:  P.A.  88-80;  incorporates  88-311;  88-670,   eff.
12-2-94.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

[ Top ]