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.)