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91_SB1364enr
SB1364 Enrolled LRB9111409RCpk
1 AN ACT to re-enact provisions of the Unified Code of
2 Corrections contained in Articles 35 and 50 of Public Act
3 88-680.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 1. Purpose.
7 (1) The General Assembly finds and declares that:
8 (i) Public Act 88-680, effective January 1, 1995,
9 contained provisions amending the Unified Code of
10 Corrections. Public Act 88-680 also contained other
11 provisions.
12 (ii) In addition, Public Act 88-680 was entitled
13 "AN ACT to create a Safe Neighborhoods Law". (A) Article
14 5 was entitled JUVENILE JUSTICE and amended the Juvenile
15 Court Act of 1987. (B) Article 15 was entitled GANGS and
16 amended various provisions of the Criminal Code of 1961
17 and the Unified Code of Corrections. (C) Article 20 was
18 entitled ALCOHOL ABUSE and amended various provisions of
19 the Illinois Vehicle Code. (D) Article 25 was entitled
20 DRUG ABUSE and amended the Cannabis Control Act and the
21 Illinois Controlled Substances Act. (E) Article 30 was
22 entitled FIREARMS and amended the Criminal Code of 1961
23 and the Code of Criminal Procedure of 1963. (F) Article
24 35 amended the Criminal Code of 1961, the Rights of Crime
25 Victims and Witnesses Act, and the Unified Code of
26 Corrections. (G) Article 40 amended the Criminal Code of
27 1961 to increase the penalty for compelling organization
28 membership of persons. (H) Article 45 created the Secure
29 Residential Youth Care Facility Licensing Act and amended
30 the State Finance Act, the Juvenile Court Act of 1987,
31 the Unified Code of Corrections, and the Private
32 Correctional Facility Moratorium Act. (I) Article 50
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1 amended the WIC Vendor Management Act, the Firearm Owners
2 Identification Card Act, the Juvenile Court Act of 1987,
3 the Criminal Code of 1961, the Wrongs to Children Act,
4 and the Unified Code of Corrections.
5 (iii) On December 2, 1999, the Illinois Supreme
6 Court, in People v. Cervantes, Docket No. 87229, ruled
7 that Public Act 88-680 violates the single subject clause
8 of the Illinois Constitution (Article IV, Section 8 (d))
9 and was unconstitutional in its entirety.
10 (iv) The provisions of Public Act 88-680 amending
11 the Unified Code of Corrections are of vital concern to
12 the people of this State and legislative action
13 concerning those provisions of Public Act 88-680 is
14 necessary.
15 (2) It is the purpose of this Act to re-enact the
16 provisions of Articles 35 and 50 of Public Act 88-680
17 amending the Unified Code of Corrections, including
18 subsequent amendments. This re-enactment is intended to
19 remove any question as to the validity or content of those
20 provisions.
21 (3) This Act re-enacts various provisions of Articles 35
22 and 50 of Public Act 88-680 amending the Unified Code of
23 Corrections, including subsequent amendments, to remove any
24 question as to the validity or content of those provisions;
25 it is not intended to supersede any other Public Act that
26 amends the text of the Sections as set forth in this Act. The
27 material is shown as existing text (i.e., without
28 underscoring).
29 ARTICLE 35
30 Section 35-20. The Unified Code of Corrections is
31 amended by re-enacting Sections 3-6-4, 3-10-13, 3-14-1, and
32 3-14-4 as follows:
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1 (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
2 Sec. 3-6-4. Enforcement of Discipline - Escape.
3 (a) A committed person who escapes or attempts to escape
4 from an institution or facility of the Adult Division, or
5 escapes or attempts to escape while in the custody of an
6 employee of the Adult Division, or holds or participates in
7 the holding of any person as a hostage by force, threat or
8 violence, or while participating in any disturbance,
9 demonstration or riot, causes, directs or participates in the
10 destruction of any property is guilty of a Class 2 felony. A
11 committed person who fails to return from furlough or from
12 work and day release is guilty of a Class 3 felony.
13 (b) If one or more committed persons injures or attempts
14 to injure in a violent manner any employee, officer, guard,
15 other peace officer or any other committed person or damages
16 or attempts to damage any building or workshop, or any
17 appurtenances thereof, or attempts to escape, or disobeys or
18 resists any lawful command, the employees, officers, guards
19 and other peace officers shall use all suitable means to
20 defend themselves, to enforce the observance of discipline,
21 to secure the persons of the offenders, and prevent such
22 attempted violence or escape; and said employees, officers,
23 guards, or other peace officers, or any of them, shall, in
24 the attempt to prevent the escape of any such person, or in
25 attempting to retake any such person who has escaped, or in
26 attempting to prevent or suppress violence by a committed
27 person against another person, a riot, revolt, mutiny or
28 insurrection, be justified in the use of force, including
29 force likely to cause death or great bodily harm under
30 Section 7-8 of the Criminal Code of 1961 which he reasonably
31 believed necessary.
32 As used in this Section, "committed person" includes a
33 person held in detention in a secure facility or committed as
34 a sexually violent person and held in a secure facility under
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1 the Sexually Violent Persons Commitment Act; and "peace
2 officer" means any officer or member of any duly organized
3 State, county or municipal police unit or police force.
4 (c) The Department shall establish procedures to provide
5 immediate notification of the escape of any person, as
6 defined in subsection (a) of this Section, to the persons
7 specified in subsection (c) of Section 3-14-1 of this Code.
8 (Source: P.A. 89-8, eff. 3-21-95; 90-793, eff. 8-14-98.)
9 (730 ILCS 5/3-10-13)
10 Sec. 3-10-13. Notifications of Release or Escape.
11 (a) The Department shall establish procedures to provide
12 written notification of the release of any person from the
13 Juvenile Division to the persons and agencies specified in
14 subsection (c) of Section 3-14-1 of this Code.
15 (b) The Department shall establish procedures to provide
16 immediate notification of the escape of any person from the
17 Juvenile Division to the persons and agencies specified in
18 subsection (c) of Section 3-14-1 of this Code.
19 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.)
20 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
21 Sec. 3-14-1. Release from the Institution.
22 (a) Upon release of a person on parole, mandatory
23 release, final discharge or pardon the Department shall
24 return all property held for him, provide him with suitable
25 clothing and procure necessary transportation for him to his
26 designated place of residence and employment. It may provide
27 such person with a grant of money for travel and expenses
28 which may be paid in installments. The amount of the money
29 grant shall be determined by the Department.
30 The Department of Corrections may establish and maintain,
31 in any institution it administers, revolving funds to be
32 known as "Travel and Allowances Revolving Funds". These
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1 revolving funds shall be used for advancing travel and
2 expense allowances to committed, paroled, and discharged
3 prisoners. The moneys paid into such revolving funds shall
4 be from appropriations to the Department for Committed,
5 Paroled, and Discharged Prisoners.
6 (b) (Blank).
7 (c) Except as otherwise provided in this Code, the
8 Department shall establish procedures to provide written
9 notification of any release of any person who has been
10 convicted of a felony to the State's Attorney and sheriff of
11 the county from which the offender was committed, and the
12 State's Attorney and sheriff of the county into which the
13 offender is to be paroled or released. Except as otherwise
14 provided in this Code, the Department shall establish
15 procedures to provide written notification to the proper law
16 enforcement agency for any municipality of any release of any
17 person who has been convicted of a felony if the arrest of
18 the offender or the commission of the offense took place in
19 the municipality, if the offender is to be paroled or
20 released into the municipality, or if the offender resided in
21 the municipality at the time of the commission of the
22 offense. If a person convicted of a felony who is in the
23 custody of the Department of Corrections or on parole or
24 mandatory supervised release informs the Department that he
25 or she has resided, resides, or will reside at an address
26 that is a housing facility owned, managed, operated, or
27 leased by a public housing agency, the Department must send
28 written notification of that information to the public
29 housing agency that owns, manages, operates, or leases the
30 housing facility. The written notification shall, when
31 possible, be given at least 14 days before release of the
32 person from custody, or as soon thereafter as possible.
33 (c-1) (Blank).
34 (d) Upon the release of a committed person on parole,
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1 mandatory supervised release, final discharge or pardon, the
2 Department shall provide such person with information
3 concerning programs and services of the Illinois Department
4 of Public Health to ascertain whether such person has been
5 exposed to the human immunodeficiency virus (HIV) or any
6 identified causative agent of Acquired Immunodeficiency
7 Syndrome (AIDS).
8 (Source: P.A. 91-506, eff. 8-13-99.)
9 (730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
10 Sec. 3-14-4. Half-way Houses.
11 (a) The Department may establish and maintain half-way
12 houses for the residence of persons on parole or mandatory
13 release. Such half-way houses shall be maintained apart from
14 security institutions, except that the Director of
15 Corrections is authorized to designate that any work or day
16 release facility, or any portion thereof, may be used as a
17 half-way house for the residence of persons on parole or
18 mandatory supervised release.
19 (b) For those persons to be placed in a half-way house
20 directly upon release from an institution on parole or
21 mandatory supervised release status, not less than 15 days
22 prior to the placement of such a person in such a half-way
23 house, the Department of Corrections shall give written
24 notice to the State's Attorney and the Sheriff of the county
25 and the proper law enforcement agency of the municipality in
26 which the half-way house is located of the identity of the
27 person to be placed in that program. Such identifying
28 information shall include, but not be limited to, the name of
29 the individual, age, physical description, photograph, the
30 crime for which the person was originally sentenced to the
31 Department of Corrections, and like information. The notice
32 shall be given in all cases, except when placement of an
33 emergency nature is necessary. In such emergency cases, oral
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1 notice shall be given to the appropriate parties within 24
2 hours with written notice to follow within 5 days.
3 (c) Persons on parole or mandatory supervised release
4 status who have been previously released to the community,
5 but who are not currently residing in a half-way house, may
6 be placed in a half-way house upon the oral notification of
7 the parties within 24 hours as indicated in subsection (b) of
8 this Section. Such oral notification shall be followed with
9 written notification within 5 days.
10 (Source: P.A. 88-680, eff. 1-1-95.)
11 ARTICLE 50
12 Section 50-15. The Unified Code of Corrections is
13 amended by re-enacting Section 5-5-3 as follows:
14 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
15 Sec. 5-5-3. Disposition.
16 (a) Every person convicted of an offense shall be
17 sentenced as provided in this Section.
18 (b) The following options shall be appropriate
19 dispositions, alone or in combination, for all felonies and
20 misdemeanors other than those identified in subsection (c) of
21 this Section:
22 (1) A period of probation.
23 (2) A term of periodic imprisonment.
24 (3) A term of conditional discharge.
25 (4) A term of imprisonment.
26 (5) An order directing the offender to clean up and
27 repair the damage, if the offender was convicted under
28 paragraph (h) of Section 21-1 of the Criminal Code of
29 1961.
30 (6) A fine.
31 (7) An order directing the offender to make
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1 restitution to the victim under Section 5-5-6 of this
2 Code.
3 (8) A sentence of participation in a county impact
4 incarceration program under Section 5-8-1.2 of this Code.
5 Whenever an individual is sentenced for an offense based
6 upon an arrest for a violation of Section 11-501 of the
7 Illinois Vehicle Code, or a similar provision of a local
8 ordinance, and the professional evaluation recommends
9 remedial or rehabilitative treatment or education, neither
10 the treatment nor the education shall be the sole disposition
11 and either or both may be imposed only in conjunction with
12 another disposition. The court shall monitor compliance with
13 any remedial education or treatment recommendations contained
14 in the professional evaluation. Programs conducting alcohol
15 or other drug evaluation or remedial education must be
16 licensed by the Department of Human Services. However, if
17 the individual is not a resident of Illinois, the court may
18 accept an alcohol or other drug evaluation or remedial
19 education program in the state of such individual's
20 residence. Programs providing treatment must be licensed
21 under existing applicable alcoholism and drug treatment
22 licensure standards.
23 In addition to any other fine or penalty required by law,
24 any individual convicted of a violation of Section 11-501 of
25 the Illinois Vehicle Code or a similar provision of local
26 ordinance, whose operation of a motor vehicle while in
27 violation of Section 11-501 or such ordinance proximately
28 caused an incident resulting in an appropriate emergency
29 response, shall be required to make restitution to a public
30 agency for the costs of that emergency response. Such
31 restitution shall not exceed $500 per public agency for each
32 such emergency response. For the purpose of this paragraph,
33 emergency response shall mean any incident requiring a
34 response by: a police officer as defined under Section 1-162
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1 of the Illinois Vehicle Code; a fireman carried on the rolls
2 of a regularly constituted fire department; and an ambulance
3 as defined under Section 4.05 of the Emergency Medical
4 Services (EMS) Systems Act.
5 Neither a fine nor restitution shall be the sole
6 disposition for a felony and either or both may be imposed
7 only in conjunction with another disposition.
8 (c) (1) When a defendant is found guilty of first degree
9 murder the State may either seek a sentence of
10 imprisonment under Section 5-8-1 of this Code, or where
11 appropriate seek a sentence of death under Section 9-1 of
12 the Criminal Code of 1961.
13 (2) A period of probation, a term of periodic
14 imprisonment or conditional discharge shall not be
15 imposed for the following offenses. The court shall
16 sentence the offender to not less than the minimum term
17 of imprisonment set forth in this Code for the following
18 offenses, and may order a fine or restitution or both in
19 conjunction with such term of imprisonment:
20 (A) First degree murder where the death
21 penalty is not imposed.
22 (B) Attempted first degree murder.
23 (C) A Class X felony.
24 (D) A violation of Section 401.1 or 407 of the
25 Illinois Controlled Substances Act, or a violation
26 of subdivision (c)(2) of Section 401 of that Act
27 which relates to more than 5 grams of a substance
28 containing cocaine or an analog thereof.
29 (E) A violation of Section 5.1 or 9 of the
30 Cannabis Control Act.
31 (F) A Class 2 or greater felony if the
32 offender had been convicted of a Class 2 or greater
33 felony within 10 years of the date on which the
34 offender committed the offense for which he or she
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1 is being sentenced, except as otherwise provided in
2 Section 40-10 of the Alcoholism and Other Drug Abuse
3 and Dependency Act.
4 (G) Residential burglary, except as otherwise
5 provided in Section 40-10 of the Alcoholism and
6 Other Drug Abuse and Dependency Act.
7 (H) Criminal sexual assault, except as
8 otherwise provided in subsection (e) of this
9 Section.
10 (I) Aggravated battery of a senior citizen.
11 (J) A forcible felony if the offense was
12 related to the activities of an organized gang.
13 Before July 1, 1994, for the purposes of this
14 paragraph, "organized gang" means an association of
15 5 or more persons, with an established hierarchy,
16 that encourages members of the association to
17 perpetrate crimes or provides support to the members
18 of the association who do commit crimes.
19 Beginning July 1, 1994, for the purposes of
20 this paragraph, "organized gang" has the meaning
21 ascribed to it in Section 10 of the Illinois
22 Streetgang Terrorism Omnibus Prevention Act.
23 (K) Vehicular hijacking.
24 (L) A second or subsequent conviction for the
25 offense of hate crime when the underlying offense
26 upon which the hate crime is based is felony
27 aggravated assault or felony mob action.
28 (M) A second or subsequent conviction for the
29 offense of institutional vandalism if the damage to
30 the property exceeds $300.
31 (N) A Class 3 felony violation of paragraph
32 (1) of subsection (a) of Section 2 of the Firearm
33 Owners Identification Card Act.
34 (O) A violation of Section 12-6.1 of the
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1 Criminal Code of 1961.
2 (P) A violation of paragraph (1), (2), (3),
3 (4), (5), or (7) of subsection (a) of Section
4 11-20.1 of the Criminal Code of 1961.
5 (Q) A violation of Section 20-1.2 of the
6 Criminal Code of 1961.
7 (R) A violation of Section 24-3A of the
8 Criminal Code of 1961.
9 (3) A minimum term of imprisonment of not less than
10 48 consecutive hours or 100 hours of community service as
11 may be determined by the court shall be imposed for a
12 second or subsequent violation committed within 5 years
13 of a previous violation of Section 11-501 of the Illinois
14 Vehicle Code or a similar provision of a local ordinance.
15 (4) A minimum term of imprisonment of not less than
16 7 consecutive days or 30 days of community service shall
17 be imposed for a violation of paragraph (c) of Section
18 6-303 of the Illinois Vehicle Code.
19 (4.1) A minimum term of 30 consecutive days of
20 imprisonment, 40 days of 24 hour periodic imprisonment or
21 720 hours of community service, as may be determined by
22 the court, shall be imposed for a violation of Section
23 11-501 of the Illinois Vehicle Code during a period in
24 which the defendant's driving privileges are revoked or
25 suspended, where the revocation or suspension was for a
26 violation of Section 11-501 or Section 11-501.1 of that
27 Code.
28 (5) The court may sentence an offender convicted of
29 a business offense or a petty offense or a corporation or
30 unincorporated association convicted of any offense to:
31 (A) a period of conditional discharge;
32 (B) a fine;
33 (C) make restitution to the victim under
34 Section 5-5-6 of this Code.
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1 (6) In no case shall an offender be eligible for a
2 disposition of probation or conditional discharge for a
3 Class 1 felony committed while he was serving a term of
4 probation or conditional discharge for a felony.
5 (7) When a defendant is adjudged a habitual
6 criminal under Article 33B of the Criminal Code of 1961,
7 the court shall sentence the defendant to a term of
8 natural life imprisonment.
9 (8) When a defendant, over the age of 21 years, is
10 convicted of a Class 1 or Class 2 felony, after having
11 twice been convicted of any Class 2 or greater Class
12 felonies in Illinois, and such charges are separately
13 brought and tried and arise out of different series of
14 acts, such defendant shall be sentenced as a Class X
15 offender. This paragraph shall not apply unless (1) the
16 first felony was committed after the effective date of
17 this amendatory Act of 1977; and (2) the second felony
18 was committed after conviction on the first; and (3) the
19 third felony was committed after conviction on the
20 second.
21 (9) A defendant convicted of a second or subsequent
22 offense of ritualized abuse of a child may be sentenced
23 to a term of natural life imprisonment.
24 (d) In any case in which a sentence originally imposed
25 is vacated, the case shall be remanded to the trial court.
26 The trial court shall hold a hearing under Section 5-4-1 of
27 the Unified Code of Corrections which may include evidence of
28 the defendant's life, moral character and occupation during
29 the time since the original sentence was passed. The trial
30 court shall then impose sentence upon the defendant. The
31 trial court may impose any sentence which could have been
32 imposed at the original trial subject to Section 5-5-4 of the
33 Unified Code of Corrections.
34 (e) In cases where prosecution for criminal sexual
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1 assault or aggravated criminal sexual abuse under Section
2 12-13 or 12-16 of the Criminal Code of 1961 results in
3 conviction of a defendant who was a family member of the
4 victim at the time of the commission of the offense, the
5 court shall consider the safety and welfare of the victim and
6 may impose a sentence of probation only where:
7 (1) the court finds (A) or (B) or both are
8 appropriate:
9 (A) the defendant is willing to undergo a
10 court approved counseling program for a minimum
11 duration of 2 years; or
12 (B) the defendant is willing to participate in
13 a court approved plan including but not limited to
14 the defendant's:
15 (i) removal from the household;
16 (ii) restricted contact with the victim;
17 (iii) continued financial support of the
18 family;
19 (iv) restitution for harm done to the
20 victim; and
21 (v) compliance with any other measures
22 that the court may deem appropriate; and
23 (2) the court orders the defendant to pay for the
24 victim's counseling services, to the extent that the
25 court finds, after considering the defendant's income and
26 assets, that the defendant is financially capable of
27 paying for such services, if the victim was under 18
28 years of age at the time the offense was committed and
29 requires counseling as a result of the offense.
30 Probation may be revoked or modified pursuant to Section
31 5-6-4; except where the court determines at the hearing that
32 the defendant violated a condition of his or her probation
33 restricting contact with the victim or other family members
34 or commits another offense with the victim or other family
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1 members, the court shall revoke the defendant's probation and
2 impose a term of imprisonment.
3 For the purposes of this Section, "family member" and
4 "victim" shall have the meanings ascribed to them in Section
5 12-12 of the Criminal Code of 1961.
6 (f) This Article shall not deprive a court in other
7 proceedings to order a forfeiture of property, to suspend or
8 cancel a license, to remove a person from office, or to
9 impose any other civil penalty.
10 (g) Whenever a defendant is convicted of an offense
11 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
12 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
13 12-15 or 12-16 of the Criminal Code of 1961, the defendant
14 shall undergo medical testing to determine whether the
15 defendant has any sexually transmissible disease, including a
16 test for infection with human immunodeficiency virus (HIV) or
17 any other identified causative agent of acquired
18 immunodeficiency syndrome (AIDS). Any such medical test
19 shall be performed only by appropriately licensed medical
20 practitioners and may include an analysis of any bodily
21 fluids as well as an examination of the defendant's person.
22 Except as otherwise provided by law, the results of such test
23 shall be kept strictly confidential by all medical personnel
24 involved in the testing and must be personally delivered in a
25 sealed envelope to the judge of the court in which the
26 conviction was entered for the judge's inspection in camera.
27 Acting in accordance with the best interests of the victim
28 and the public, the judge shall have the discretion to
29 determine to whom, if anyone, the results of the testing may
30 be revealed. The court shall notify the defendant of the test
31 results. The court shall also notify the victim if requested
32 by the victim, and if the victim is under the age of 15 and
33 if requested by the victim's parents or legal guardian, the
34 court shall notify the victim's parents or legal guardian of
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1 the test results. The court shall provide information on the
2 availability of HIV testing and counseling at Department of
3 Public Health facilities to all parties to whom the results
4 of the testing are revealed and shall direct the State's
5 Attorney to provide the information to the victim when
6 possible. A State's Attorney may petition the court to obtain
7 the results of any HIV test administered under this Section,
8 and the court shall grant the disclosure if the State's
9 Attorney shows it is relevant in order to prosecute a charge
10 of criminal transmission of HIV under Section 12-16.2 of the
11 Criminal Code of 1961 against the defendant. The court shall
12 order that the cost of any such test shall be paid by the
13 county and may be taxed as costs against the convicted
14 defendant.
15 (g-5) When an inmate is tested for an airborne
16 communicable disease, as determined by the Illinois
17 Department of Public Health including but not limited to
18 tuberculosis, the results of the test shall be personally
19 delivered by the warden or his or her designee in a sealed
20 envelope to the judge of the court in which the inmate must
21 appear for the judge's inspection in camera if requested by
22 the judge. Acting in accordance with the best interests of
23 those in the courtroom, the judge shall have the discretion
24 to determine what if any precautions need to be taken to
25 prevent transmission of the disease in the courtroom.
26 (h) Whenever a defendant is convicted of an offense
27 under Section 1 or 2 of the Hypodermic Syringes and Needles
28 Act, the defendant shall undergo medical testing to determine
29 whether the defendant has been exposed to human
30 immunodeficiency virus (HIV) or any other identified
31 causative agent of acquired immunodeficiency syndrome (AIDS).
32 Except as otherwise provided by law, the results of such test
33 shall be kept strictly confidential by all medical personnel
34 involved in the testing and must be personally delivered in a
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1 sealed envelope to the judge of the court in which the
2 conviction was entered for the judge's inspection in camera.
3 Acting in accordance with the best interests of the public,
4 the judge shall have the discretion to determine to whom, if
5 anyone, the results of the testing may be revealed. The court
6 shall notify the defendant of a positive test showing an
7 infection with the human immunodeficiency virus (HIV). The
8 court shall provide information on the availability of HIV
9 testing and counseling at Department of Public Health
10 facilities to all parties to whom the results of the testing
11 are revealed and shall direct the State's Attorney to provide
12 the information to the victim when possible. A State's
13 Attorney may petition the court to obtain the results of any
14 HIV test administered under this Section, and the court
15 shall grant the disclosure if the State's Attorney shows it
16 is relevant in order to prosecute a charge of criminal
17 transmission of HIV under Section 12-16.2 of the Criminal
18 Code of 1961 against the defendant. The court shall order
19 that the cost of any such test shall be paid by the county
20 and may be taxed as costs against the convicted defendant.
21 (i) All fines and penalties imposed under this Section
22 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
23 Vehicle Code, or a similar provision of a local ordinance,
24 and any violation of the Child Passenger Protection Act, or a
25 similar provision of a local ordinance, shall be collected
26 and disbursed by the circuit clerk as provided under Section
27 27.5 of the Clerks of Courts Act.
28 (j) In cases when prosecution for any violation of
29 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
30 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
31 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
32 12-16 of the Criminal Code of 1961, any violation of the
33 Illinois Controlled Substances Act, or any violation of the
34 Cannabis Control Act results in conviction, a disposition of
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1 court supervision, or an order of probation granted under
2 Section 10 of the Cannabis Control Act or Section 410 of the
3 Illinois Controlled Substance Act of a defendant, the court
4 shall determine whether the defendant is employed by a
5 facility or center as defined under the Child Care Act of
6 1969, a public or private elementary or secondary school, or
7 otherwise works with children under 18 years of age on a
8 daily basis. When a defendant is so employed, the court
9 shall order the Clerk of the Court to send a copy of the
10 judgment of conviction or order of supervision or probation
11 to the defendant's employer by certified mail. If the
12 employer of the defendant is a school, the Clerk of the Court
13 shall direct the mailing of a copy of the judgment of
14 conviction or order of supervision or probation to the
15 appropriate regional superintendent of schools. The regional
16 superintendent of schools shall notify the State Board of
17 Education of any notification under this subsection.
18 (j-5) A defendant at least 17 years of age who is
19 convicted of a felony and who has not been previously
20 convicted of a misdemeanor or felony and who is sentenced to
21 a term of imprisonment in the Illinois Department of
22 Corrections shall as a condition of his or her sentence be
23 required by the court to attend educational courses designed
24 to prepare the defendant for a high school diploma and to
25 work toward a high school diploma or to work toward passing
26 the high school level Test of General Educational Development
27 (GED) or to work toward completing a vocational training
28 program offered by the Department of Corrections. If a
29 defendant fails to complete the educational training required
30 by his or her sentence during the term of incarceration, the
31 Prisoner Review Board shall, as a condition of mandatory
32 supervised release, require the defendant, at his or her own
33 expense, to pursue a course of study toward a high school
34 diploma or passage of the GED test. The Prisoner Review
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1 Board shall revoke the mandatory supervised release of a
2 defendant who wilfully fails to comply with this subsection
3 (j-5) upon his or her release from confinement in a penal
4 institution while serving a mandatory supervised release
5 term; however, the inability of the defendant after making a
6 good faith effort to obtain financial aid or pay for the
7 educational training shall not be deemed a wilful failure to
8 comply. The Prisoner Review Board shall recommit the
9 defendant whose mandatory supervised release term has been
10 revoked under this subsection (j-5) as provided in Section
11 3-3-9. This subsection (j-5) does not apply to a defendant
12 who has a high school diploma or has successfully passed the
13 GED test. This subsection (j-5) does not apply to a defendant
14 who is determined by the court to be developmentally disabled
15 or otherwise mentally incapable of completing the educational
16 or vocational program.
17 (k) A court may not impose a sentence or disposition for
18 a felony or misdemeanor that requires the defendant to be
19 implanted or injected with or to use any form of birth
20 control.
21 (l) (A) Except as provided in paragraph (C) of
22 subsection (l), whenever a defendant, who is an alien as
23 defined by the Immigration and Nationality Act, is
24 convicted of any felony or misdemeanor offense, the court
25 after sentencing the defendant may, upon motion of the
26 State's Attorney, hold sentence in abeyance and remand
27 the defendant to the custody of the Attorney General of
28 the United States or his or her designated agent to be
29 deported when:
30 (1) a final order of deportation has been
31 issued against the defendant pursuant to proceedings
32 under the Immigration and Nationality Act, and
33 (2) the deportation of the defendant would not
34 deprecate the seriousness of the defendant's conduct
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1 and would not be inconsistent with the ends of
2 justice.
3 Otherwise, the defendant shall be sentenced as
4 provided in this Chapter V.
5 (B) If the defendant has already been sentenced for
6 a felony or misdemeanor offense, or has been placed on
7 probation under Section 10 of the Cannabis Control Act or
8 Section 410 of the Illinois Controlled Substances Act,
9 the court may, upon motion of the State's Attorney to
10 suspend the sentence imposed, commit the defendant to the
11 custody of the Attorney General of the United States or
12 his or her designated agent when:
13 (1) a final order of deportation has been
14 issued against the defendant pursuant to proceedings
15 under the Immigration and Nationality Act, and
16 (2) the deportation of the defendant would not
17 deprecate the seriousness of the defendant's conduct
18 and would not be inconsistent with the ends of
19 justice.
20 (C) This subsection (l) does not apply to offenders
21 who are subject to the provisions of paragraph (2) of
22 subsection (a) of Section 3-6-3.
23 (D) Upon motion of the State's Attorney, if a
24 defendant sentenced under this Section returns to the
25 jurisdiction of the United States, the defendant shall be
26 recommitted to the custody of the county from which he or
27 she was sentenced. Thereafter, the defendant shall be
28 brought before the sentencing court, which may impose any
29 sentence that was available under Section 5-5-3 at the
30 time of initial sentencing. In addition, the defendant
31 shall not be eligible for additional good conduct credit
32 for meritorious service as provided under Section 3-6-6.
33 (m) A person convicted of criminal defacement of
34 property under Section 21-1.3 of the Criminal Code of 1961,
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1 in which the property damage exceeds $300 and the property
2 damaged is a school building, shall be ordered to perform
3 community service that may include cleanup, removal, or
4 painting over the defacement.
5 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
6 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
7 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
8 12-22-99; revised 1-5-00.)
9 ARTICLE 990
10 Section 990-1. Severability. The provisions of this Act
11 are severable under Section 1.31 of the Statute on Statutes.
12 ARTICLE 999
13 Section 999-1. Effective date. This Act takes effect
14 upon becoming law.
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