Public Act 097-1113
 
HB5771 EnrolledLRB097 19180 RLC 64422 b


  
    AN ACT concerning certificates of good conduct and relief 
from disabilities.
  
 
    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 5-5.5-5 and 5-5.5-30 as follows:
 



    (730 ILCS 5/5-5.5-5)


    Sec. 5-5.5-5. Definitions and rules of construction. In 
this Article:

    "Eligible offender" means a person who has been
convicted 
of a crime in this State or of an offense in any other 
jurisdiction that does not include any offense or attempted 
offense that would subject a person to registration under the 
Sex Offender Registration Act, the Arsonist Registration Act, 
or the Murderer and Violent Offender Against Youth Registration 
Act, but who has not been convicted more than twice of a 
felony. "Eligible offender" does not include   a person who has 
been convicted of committing or attempting to commit a Class X 
felony, aggravated driving under the influence of alcohol, 
other drug or drugs, or intoxicating compound or compounds, or 
any combination thereof, aggravated domestic battery, or a 
forcible felony.

    "Felony" means a conviction of a felony in this State, or

of an offense in any other jurisdiction for which a sentence to 
a
term of imprisonment in excess of one year, was authorized.

    For the purposes of this Article the following rules of 
construction apply:


        (i) two or more convictions of felonies charged in 
    separate counts of one
indictment or information shall be 
    deemed to be one conviction;


        (ii) two or more convictions of felonies charged in 2 
    or more indictments
or informations, filed in the same 
    court prior to entry of judgment under any
of them, shall 
    be deemed to be one conviction; and


        (iii) a plea or a verdict of guilty upon which a 
    sentence
of probation, conditional discharge, or 
    supervision
has been imposed shall be deemed to be a 
    conviction.

    "Forcible felony" means first degree murder, second degree 
murder, aggravated arson, arson, aggravated kidnapping, 
kidnapping, aggravated battery that resulted in great bodily 
harm or permanent disability, and any other felony which 
involved the use of physical force or violence against any 
individual that resulted in great bodily harm or permanent 
disability. 
(Source: P.A. 96-852, eff. 1-1-10; 97-154, eff. 1-1-12.)

 



    (730 ILCS 5/5-5.5-30)



    Sec. 5-5.5-30. Issuance of certificate of good conduct. 

    (a) After a rehabilitation review has been held, in a 
manner designated by the chief judge of the judicial circuit in 
which the conviction was entered, the Circuit Court of that 
judicial circuit
 shall have the power to issue a certificate of 
good
conduct to any eligible offender previously convicted of a 
crime in this State,
and shall make a specific finding of 
rehabilitation with the force and effect of a final judgment on 
the merits, when
the Court is satisfied that:


        (1) the applicant has conducted himself or herself in a 
    manner
warranting the issuance for a minimum period in 
    accordance with the
provisions of subsection (c) of this 
    Section;


        (2) the relief to be granted by the certificate is 
    consistent with the
rehabilitation of the applicant; and


        (3) the relief to be granted is consistent with the 
    public interest.

    (b) The Circuit Court shall have the power to issue a 
certificate of good
conduct to any person previously convicted 
of a crime in any other
jurisdiction, when the Court is 
satisfied that:
        (1) the applicant has demonstrated that there exist 
    specific facts and circumstances and specific sections of  
    Illinois State law that have an adverse impact on the 
    applicant and warrant the application for relief to be made 
    in Illinois; and

        (2) the provisions of paragraphs (1), (2), and (3) of 
    subsection (a) of
this Section have been met.

    (c) The minimum period of good conduct by the individual 
referred to
in paragraph (1) of subsection (a) of this Section, 
shall be as follows:
if the most serious crime of which the 
individual was convicted is a
misdemeanor, the minimum period 
of good conduct shall be one year; if
the most serious crime of 
which the individual was convicted is a Class 1,
2, 3, or 4 
felony, the minimum period of good conduct shall be 2 3 years.

Criminal acts committed outside the State
shall be classified 
as acts committed within the State based on the
maximum 
sentence that could have been imposed based upon the
conviction 
under the laws of the foreign jurisdiction. The minimum
period 
of good conduct by the individual shall be measured either from

the date of the payment of any fine imposed upon him or her, or 
from the
date of his or her release from custody by parole, 
mandatory supervised
release or commutation or termination of 
his or her sentence.
The Circuit Court shall have power and it 
shall be its duty to investigate all
persons when the 
application is made and to grant or deny the same
within a 
reasonable time after the making of the application.

    (d) If the Circuit Court has issued a certificate of good

conduct, the Court may at any time issue a new certificate 
enlarging the
relief previously granted.

    (e) Any certificate of good conduct issued by the Court to

an individual who at the time of the issuance of the 
certificate is under the
conditions of parole or mandatory 
supervised release imposed by the
Prisoner Review Board shall 
be deemed to be a temporary certificate until the time as the

individual is discharged from the terms of parole or mandatory

supervised release, and, while temporary, the certificate may 
be
revoked by the Court for violation of the conditions of 
parole or
mandatory supervised release. Revocation shall be 
upon
notice to the parolee or releasee, who shall be accorded 
an opportunity to
explain the violation prior to a decision on 
the revocation. If the certificate
is not so revoked, it shall 
become a permanent certificate upon expiration
or termination 
of the offender's parole or mandatory supervised release term.
    (f) The Court shall, upon notice to a certificate holder, 
have the power to revoke a certificate of good conduct upon a 
subsequent conviction. 

(Source: P.A. 96-852, eff. 1-1-10.)