Public Act 096-0322
 		





HB4169 Enrolled
LRB096 02002 RLC 12013 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 Section 5-3-2 as follows:
 
    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)

    Sec. 5-3-2. Presentence Report.

    (a) In felony cases, the presentence
report shall set 
forth:


        (1) the defendant's history of delinquency or 
    criminality,
physical and mental history and condition, 
    family situation and
background, economic status, 
    education, occupation and personal habits;


        (2) information about special resources within the 
    community
which might be available to assist the 
    defendant's rehabilitation,
including treatment centers, 
    residential facilities, vocational
training services, 
    correctional manpower programs, employment
opportunities, 
    special educational programs, alcohol and drug
abuse 
    programming, psychiatric and marriage counseling, and 
    other
programs and facilities which could aid the 
    defendant's successful
reintegration into society;


        (3) the effect the offense committed has had upon the 
    victim or
victims thereof, and any compensatory benefit 
    that various
sentencing alternatives would confer on such 
    victim or victims;


        (4) information concerning the defendant's status 
    since arrest,
including his record if released on his own 
    recognizance, or the
defendant's achievement record if 
    released on a conditional
pre-trial supervision program;


        (5) when appropriate, a plan, based upon the personal, 
    economic
and social adjustment needs of the defendant, 
    utilizing public and
private community resources as an 
    alternative to institutional
sentencing;


        (6) any other matters that the investigatory officer 
    deems
relevant or the court directs to be included; and


        (7) information concerning defendant's eligibility for 
    a sentence to a
county impact incarceration program under 
    Section 5-8-1.2 of this Code.


    (b) The investigation shall include a physical and mental

examination of the defendant when so ordered by the court.  If

the court determines that such an examination should be made, 
it
shall issue an order that the defendant submit to 
examination at
such time and place as designated by the court 
and that such
examination be conducted by a physician, 
psychologist or
psychiatrist designated by the court.  Such an 
examination may
be conducted in a court clinic if so ordered by 
the court.  The
cost of such examination shall be paid by the 
county in which
the trial is held.


    (b-5) In cases involving felony sex offenses in which the 
offender is being considered for probation only or any felony 
offense that is
sexually motivated as defined in the Sex 
Offender Management Board Act in which the offender is being 
considered for probation only, the
investigation shall include 
a sex offender evaluation by an evaluator approved
by the Board 
and conducted in conformance with the standards developed under

the Sex Offender Management Board Act. In cases in which the 
offender is being considered for any mandatory prison sentence, 
the investigation shall not include a sex offender evaluation.


    (c) In misdemeanor, business offense or petty offense 
cases, except as
specified in subsection (d) of this Section, 
when a presentence report has
been ordered by the court, such 
presentence report shall contain
information on the 
defendant's history of delinquency or criminality and
shall 
further contain only those matters listed in any of paragraphs 
(1)
through (6) of subsection (a) or in subsection (b) of this 
Section  as are
specified by the court in its order for the 
report.


    (d) In cases under Section 12-15 and Section 12-30 of the 
Criminal
Code of 1961, as amended, the presentence report shall 
set forth
information about alcohol, drug abuse, psychiatric, 
and marriage counseling
or other treatment programs and 
facilities, information on the defendant's
history of 
delinquency or criminality, and shall contain those additional

matters listed in any of paragraphs (1) through (6) of 
subsection (a) or in
subsection (b) of this Section as are 
specified by the court.


    (e) Nothing in this Section shall cause the defendant to be

held without bail or to have his bail revoked for the purpose

of preparing the presentence report or making an examination.


(Source: P.A. 93-616, eff. 1-1-04; 93-970, eff. 8-20-04.)