093_HB2498ham001
LRB093 03442 RLC 12783 a
1 AMENDMENT TO HOUSE BILL 2498
2 AMENDMENT NO. . Amend House Bill 2498 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Unified Code of Corrections is amended
6 by changing Sections 3-6-3 and 5-4-1 as follows:
7 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
8 Sec. 3-6-3. Rules and Regulations for Early Release.
9 (a) (1) The Department of Corrections shall
10 prescribe rules and regulations for the early release on
11 account of good conduct of persons committed to the
12 Department which shall be subject to review by the
13 Prisoner Review Board.
14 (2) The rules and regulations on early release
15 shall provide, with respect to offenses committed on or
16 after June 19, 1998, the following:
17 (i) that a prisoner who is serving a term of
18 imprisonment for first degree murder or for the
19 offense of terrorism shall receive no good conduct
20 credit and shall serve the entire sentence imposed
21 by the court;
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1 (ii) that a prisoner serving a sentence for
2 attempt to commit first degree murder, solicitation
3 of murder, solicitation of murder for hire,
4 intentional homicide of an unborn child, predatory
5 criminal sexual assault of a child, aggravated
6 criminal sexual assault, criminal sexual assault,
7 aggravated kidnapping, aggravated battery with a
8 firearm, heinous battery, aggravated battery of a
9 senior citizen, or aggravated battery of a child
10 shall receive no more than 4.5 days of good conduct
11 credit for each month of his or her sentence of
12 imprisonment; and
13 (iii) that a prisoner serving a sentence for
14 home invasion, armed robbery, aggravated vehicular
15 hijacking, aggravated discharge of a firearm, or
16 armed violence with a category I weapon or category
17 II weapon, when the court has made and entered a
18 finding, pursuant to subsection (c-1) of Section
19 5-4-1 of this Code, that the conduct leading to
20 conviction for the enumerated offense resulted in
21 great bodily harm to a victim, shall receive no more
22 than 4.5 days of good conduct credit for each month
23 of his or her sentence of imprisonment.
24 (2.1) For all offenses, other than those enumerated
25 in subdivision (a)(2) committed on or after June 19,
26 1998, and other than the offense of reckless homicide as
27 defined in subsection (e) of Section 9-3 of the Criminal
28 Code of 1961 committed on or after January 1, 1999, the
29 rules and regulations shall provide that a prisoner who
30 is serving a term of imprisonment shall receive one day
31 of good conduct credit for each day of his or her
32 sentence of imprisonment or recommitment under Section
33 3-3-9. Each day of good conduct credit shall reduce by
34 one day the prisoner's period of imprisonment or
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1 recommitment under Section 3-3-9.
2 (2.2) A prisoner serving a term of natural life
3 imprisonment or a prisoner who has been sentenced to
4 death shall receive no good conduct credit.
5 (2.3) The rules and regulations on early release
6 shall provide that a prisoner who is serving a sentence
7 for reckless homicide as defined in subsection (e) of
8 Section 9-3 of the Criminal Code of 1961 committed on or
9 after January 1, 1999 shall receive no more than 4.5 days
10 of good conduct credit for each month of his or her
11 sentence of imprisonment.
12 (2.4) The rules and regulations on early release
13 shall provide with respect to the offenses of aggravated
14 battery with a machine gun or a firearm equipped with any
15 device or attachment designed or used for silencing the
16 report of a firearm or aggravated discharge of a machine
17 gun or a firearm equipped with any device or attachment
18 designed or used for silencing the report of a firearm,
19 committed on or after the effective date of this
20 amendatory Act of 1999, that a prisoner serving a
21 sentence for any of these offenses shall receive no more
22 than 4.5 days of good conduct credit for each month of
23 his or her sentence of imprisonment.
24 (2.5) The rules and regulations on early release
25 shall provide that a prisoner who is serving a sentence
26 for aggravated arson committed on or after the effective
27 date of this amendatory Act of the 93rd General Assembly
28 shall receive no more than 4.5 days of good conduct
29 credit for each month of his or her sentence of
30 imprisonment.
31 (3) The rules and regulations shall also provide
32 that the Director may award up to 180 days additional
33 good conduct credit for meritorious service in specific
34 instances as the Director deems proper; except that no
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1 more than 90 days of good conduct credit for meritorious
2 service shall be awarded to any prisoner who is serving a
3 sentence for conviction of first degree murder, reckless
4 homicide while under the influence of alcohol or any
5 other drug, aggravated kidnapping, kidnapping, predatory
6 criminal sexual assault of a child, aggravated criminal
7 sexual assault, criminal sexual assault, deviate sexual
8 assault, aggravated criminal sexual abuse, aggravated
9 indecent liberties with a child, indecent liberties with
10 a child, child pornography, heinous battery, aggravated
11 battery of a spouse, aggravated battery of a spouse with
12 a firearm, stalking, aggravated stalking, aggravated
13 battery of a child, endangering the life or health of a
14 child, cruelty to a child, or narcotic racketeering.
15 Notwithstanding the foregoing, good conduct credit for
16 meritorious service shall not be awarded on a sentence of
17 imprisonment imposed for conviction of: (i) one of the
18 offenses enumerated in subdivision (a)(2) when the
19 offense is committed on or after June 19, 1998, (ii)
20 reckless homicide as defined in subsection (e) of Section
21 9-3 of the Criminal Code of 1961 when the offense is
22 committed on or after January 1, 1999, (iii) one of the
23 offenses enumerated in subdivision (a)(2.4) when the
24 offense is committed on or after the effective date of
25 this amendatory Act of 1999, or (iv) aggravated arson
26 when the offense is committed on or after the effective
27 date of this amendatory Act of the 93rd General Assembly.
28 (4) The rules and regulations shall also provide
29 that the good conduct credit accumulated and retained
30 under paragraph (2.1) of subsection (a) of this Section
31 by any inmate during specific periods of time in which
32 such inmate is engaged full-time in substance abuse
33 programs, correctional industry assignments, or
34 educational programs provided by the Department under
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1 this paragraph (4) and satisfactorily completes the
2 assigned program as determined by the standards of the
3 Department, shall be multiplied by a factor of 1.25 for
4 program participation before August 11, 1993 and 1.50 for
5 program participation on or after that date. However, no
6 inmate shall be eligible for the additional good conduct
7 credit under this paragraph (4) while assigned to a boot
8 camp, mental health unit, or electronic detention, or if
9 convicted of an offense enumerated in paragraph (a)(2) of
10 this Section that is committed on or after June 19, 1998,
11 or if convicted of reckless homicide as defined in
12 subsection (e) of Section 9-3 of the Criminal Code of
13 1961 if the offense is committed on or after January 1,
14 1999, or if convicted of an offense enumerated in
15 paragraph (a)(2.4) of this Section that is committed on
16 or after the effective date of this amendatory Act of
17 1999, or first degree murder, a Class X felony, criminal
18 sexual assault, felony criminal sexual abuse, aggravated
19 criminal sexual abuse, aggravated battery with a firearm,
20 or any predecessor or successor offenses with the same or
21 substantially the same elements, or any inchoate offenses
22 relating to the foregoing offenses. No inmate shall be
23 eligible for the additional good conduct credit under
24 this paragraph (4) who (i) has previously received
25 increased good conduct credit under this paragraph (4)
26 and has subsequently been convicted of a felony, or (ii)
27 has previously served more than one prior sentence of
28 imprisonment for a felony in an adult correctional
29 facility.
30 Educational, vocational, substance abuse and
31 correctional industry programs under which good conduct
32 credit may be increased under this paragraph (4) shall be
33 evaluated by the Department on the basis of documented
34 standards. The Department shall report the results of
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1 these evaluations to the Governor and the General
2 Assembly by September 30th of each year. The reports
3 shall include data relating to the recidivism rate among
4 program participants.
5 Availability of these programs shall be subject to
6 the limits of fiscal resources appropriated by the
7 General Assembly for these purposes. Eligible inmates
8 who are denied immediate admission shall be placed on a
9 waiting list under criteria established by the
10 Department. The inability of any inmate to become engaged
11 in any such programs by reason of insufficient program
12 resources or for any other reason established under the
13 rules and regulations of the Department shall not be
14 deemed a cause of action under which the Department or
15 any employee or agent of the Department shall be liable
16 for damages to the inmate.
17 (4.5) The rules and regulations on early release
18 shall also provide that a prisoner who is serving a
19 sentence for a crime committed as a result of the use of,
20 abuse of, or addiction to alcohol or a controlled
21 substance and committed on or after the effective date of
22 this Amendatory Act of the 93rd General Assembly shall
23 receive no good conduct credit until he or she
24 participates in and completes a substance abuse treatment
25 program. Good conduct credit awarded under clauses (2),
26 (3), and (4) of this subsection (a) for crimes committed
27 on or after the effective date of this amendatory Act of
28 the 93rd General Assembly is subject to the provisions of
29 this clause (4.5). If the prisoner completes a substance
30 abuse treatment program, the Department may award good
31 conduct credit for the time spent in treatment.
32 Availability of substance abuse treatment shall be
33 subject to the limits of fiscal resources appropriated by
34 the General Assembly for these purposes. If treatment is
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1 not available, the prisoner shall be placed on a waiting
2 list under criteria established by the Department. The
3 Department may require a prisoner placed on a waiting
4 list to attend a substance abuse education class or
5 attend substance abuse self-help meetings. A prisoner may
6 not lose good conduct credit as a result of being placed
7 on a waiting list. A prisoner placed on a waiting list
8 remains eligible for increased good conduct credit for
9 participation in an educational, vocational, or
10 correctional industry program under clause (4) of
11 subsection (a) of this Section.
12 (5) Whenever the Department is to release any
13 inmate earlier than it otherwise would because of a grant
14 of good conduct credit for meritorious service given at
15 any time during the term, the Department shall give
16 reasonable advance notice of the impending release to the
17 State's Attorney of the county where the prosecution of
18 the inmate took place.
19 (b) Whenever a person is or has been committed under
20 several convictions, with separate sentences, the sentences
21 shall be construed under Section 5-8-4 in granting and
22 forfeiting of good time.
23 (c) The Department shall prescribe rules and regulations
24 for revoking good conduct credit, or suspending or reducing
25 the rate of accumulation of good conduct credit for specific
26 rule violations, during imprisonment. These rules and
27 regulations shall provide that no inmate may be penalized
28 more than one year of good conduct credit for any one
29 infraction.
30 When the Department seeks to revoke, suspend or reduce
31 the rate of accumulation of any good conduct credits for an
32 alleged infraction of its rules, it shall bring charges
33 therefor against the prisoner sought to be so deprived of
34 good conduct credits before the Prisoner Review Board as
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1 provided in subparagraph (a)(4) of Section 3-3-2 of this
2 Code, if the amount of credit at issue exceeds 30 days or
3 when during any 12 month period, the cumulative amount of
4 credit revoked exceeds 30 days except where the infraction is
5 committed or discovered within 60 days of scheduled release.
6 In those cases, the Department of Corrections may revoke up
7 to 30 days of good conduct credit. The Board may subsequently
8 approve the revocation of additional good conduct credit, if
9 the Department seeks to revoke good conduct credit in excess
10 of 30 days. However, the Board shall not be empowered to
11 review the Department's decision with respect to the loss of
12 30 days of good conduct credit within any calendar year for
13 any prisoner or to increase any penalty beyond the length
14 requested by the Department.
15 The Director of the Department of Corrections, in
16 appropriate cases, may restore up to 30 days good conduct
17 credits which have been revoked, suspended or reduced. Any
18 restoration of good conduct credits in excess of 30 days
19 shall be subject to review by the Prisoner Review Board.
20 However, the Board may not restore good conduct credit in
21 excess of the amount requested by the Director.
22 Nothing contained in this Section shall prohibit the
23 Prisoner Review Board from ordering, pursuant to Section
24 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of
25 the sentence imposed by the court that was not served due to
26 the accumulation of good conduct credit.
27 (d) If a lawsuit is filed by a prisoner in an Illinois
28 or federal court against the State, the Department of
29 Corrections, or the Prisoner Review Board, or against any of
30 their officers or employees, and the court makes a specific
31 finding that a pleading, motion, or other paper filed by the
32 prisoner is frivolous, the Department of Corrections shall
33 conduct a hearing to revoke up to 180 days of good conduct
34 credit by bringing charges against the prisoner sought to be
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1 deprived of the good conduct credits before the Prisoner
2 Review Board as provided in subparagraph (a)(8) of Section
3 3-3-2 of this Code. If the prisoner has not accumulated 180
4 days of good conduct credit at the time of the finding, then
5 the Prisoner Review Board may revoke all good conduct credit
6 accumulated by the prisoner.
7 For purposes of this subsection (d):
8 (1) "Frivolous" means that a pleading, motion, or
9 other filing which purports to be a legal document filed
10 by a prisoner in his or her lawsuit meets any or all of
11 the following criteria:
12 (A) it lacks an arguable basis either in law
13 or in fact;
14 (B) it is being presented for any improper
15 purpose, such as to harass or to cause unnecessary
16 delay or needless increase in the cost of
17 litigation;
18 (C) the claims, defenses, and other legal
19 contentions therein are not warranted by existing
20 law or by a nonfrivolous argument for the extension,
21 modification, or reversal of existing law or the
22 establishment of new law;
23 (D) the allegations and other factual
24 contentions do not have evidentiary support or, if
25 specifically so identified, are not likely to have
26 evidentiary support after a reasonable opportunity
27 for further investigation or discovery; or
28 (E) the denials of factual contentions are not
29 warranted on the evidence, or if specifically so
30 identified, are not reasonably based on a lack of
31 information or belief.
32 (2) "Lawsuit" means a petition for post-conviction
33 relief under Article 122 of the Code of Criminal
34 Procedure of 1963, a motion pursuant to Section 116-3 of
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1 the Code of Criminal Procedure of 1963, a habeas corpus
2 action under Article X of the Code of Civil Procedure or
3 under federal law (28 U.S.C. 2254), a petition for claim
4 under the Court of Claims Act or an action under the
5 federal Civil Rights Act (42 U.S.C. 1983).
6 (e) Nothing in this amendatory Act of 1998 affects the
7 validity of Public Act 89-404.
8 (Source: P.A. 91-121, eff. 7-15-99; 91-357, eff. 7-29-99;
9 92-176, eff. 7-27-01; 92-854, eff. 12-5-02.)
10 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
11 Sec. 5-4-1. Sentencing Hearing.
12 (a) Except when the death penalty is sought under
13 hearing procedures otherwise specified, after a determination
14 of guilt, a hearing shall be held to impose the sentence.
15 However, prior to the imposition of sentence on an individual
16 being sentenced for an offense based upon a charge for a
17 violation of Section 11-501 of the Illinois Vehicle Code or a
18 similar provision of a local ordinance, the individual must
19 undergo a professional evaluation to determine if an alcohol
20 or other drug abuse problem exists and the extent of such a
21 problem. Programs conducting these evaluations shall be
22 licensed by the Department of Human Services. However, if
23 the individual is not a resident of Illinois, the court may,
24 in its discretion, accept an evaluation from a program in the
25 state of such individual's residence. The court may in its
26 sentencing order approve an eligible defendant for placement
27 in a Department of Corrections impact incarceration program
28 as provided in Section 5-8-1.1 or 5-8-1.3. At the hearing
29 the court shall:
30 (1) consider the evidence, if any, received upon
31 the trial;
32 (2) consider any presentence reports;
33 (3) consider the financial impact of incarceration
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1 based on the financial impact statement filed with the
2 clerk of the court by the Department of Corrections;
3 (4) consider evidence and information offered by
4 the parties in aggravation and mitigation;
5 (5) hear arguments as to sentencing alternatives;
6 (6) afford the defendant the opportunity to make a
7 statement in his own behalf;
8 (7) afford the victim of a violent crime or a
9 violation of Section 11-501 of the Illinois Vehicle Code,
10 or a similar provision of a local ordinance, or a
11 qualified individual affected by a violation of Section
12 405, 405.1, 405.2, or 407 of the Illinois Controlled
13 Substances Act, committed by the defendant the
14 opportunity to make a statement concerning the impact on
15 the victim and to offer evidence in aggravation or
16 mitigation; provided that the statement and evidence
17 offered in aggravation or mitigation must first be
18 prepared in writing in conjunction with the State's
19 Attorney before it may be presented orally at the
20 hearing. Any sworn testimony offered by the victim is
21 subject to the defendant's right to cross-examine. All
22 statements and evidence offered under this paragraph (7)
23 shall become part of the record of the court. For the
24 purpose of this paragraph (7), "qualified individual"
25 means any person who (i) lived or worked within the
26 territorial jurisdiction where the offense took place
27 when the offense took place; and (ii) is familiar with
28 various public places within the territorial jurisdiction
29 where the offense took place when the offense took place.
30 For the purposes of this paragraph (7), "qualified
31 individual" includes any peace officer, or any member of
32 any duly organized State, county, or municipal peace unit
33 assigned to the territorial jurisdiction where the
34 offense took place when the offense took place; and
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1 (8) in cases of reckless homicide afford the
2 victim's spouse, guardians, parents or other immediate
3 family members an opportunity to make oral statements.
4 (b) All sentences shall be imposed by the judge based
5 upon his independent assessment of the elements specified
6 above and any agreement as to sentence reached by the
7 parties. The judge who presided at the trial or the judge
8 who accepted the plea of guilty shall impose the sentence
9 unless he is no longer sitting as a judge in that court.
10 Where the judge does not impose sentence at the same time on
11 all defendants who are convicted as a result of being
12 involved in the same offense, the defendant or the State's
13 Attorney may advise the sentencing court of the disposition
14 of any other defendants who have been sentenced.
15 (c) In imposing a sentence for a violent crime or for an
16 offense of operating or being in physical control of a
17 vehicle while under the influence of alcohol, any other drug
18 or any combination thereof, or a similar provision of a local
19 ordinance, when such offense resulted in the personal injury
20 to someone other than the defendant, the trial judge shall
21 specify on the record the particular evidence, information,
22 factors in mitigation and aggravation or other reasons that
23 led to his sentencing determination. The full verbatim record
24 of the sentencing hearing shall be filed with the clerk of
25 the court and shall be a public record.
26 (c-1) In imposing a sentence for the offense of
27 aggravated kidnapping for ransom, home invasion, armed
28 robbery, aggravated vehicular hijacking, aggravated discharge
29 of a firearm, or armed violence with a category I weapon or
30 category II weapon, the trial judge shall make a finding as
31 to whether the conduct leading to conviction for the offense
32 resulted in great bodily harm to a victim, and shall enter
33 that finding and the basis for that finding in the record.
34 (c-2) If the defendant is sentenced to prison, other
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1 than when a sentence of natural life imprisonment or a
2 sentence of death is imposed, at the time the sentence is
3 imposed the judge shall state on the record in open court the
4 approximate period of time the defendant will serve in
5 custody according to the then current statutory rules and
6 regulations for early release found in Section 3-6-3 and
7 other related provisions of this Code. This statement is
8 intended solely to inform the public, has no legal effect on
9 the defendant's actual release, and may not be relied on by
10 the defendant on appeal.
11 The judge's statement, to be given after pronouncing the
12 sentence, other than when the sentence is imposed for one of
13 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
14 shall include the following:
15 "The purpose of this statement is to inform the public of
16 the actual period of time this defendant is likely to spend
17 in prison as a result of this sentence. The actual period of
18 prison time served is determined by the statutes of Illinois
19 as applied to this sentence by the Illinois Department of
20 Corrections and the Illinois Prisoner Review Board. In this
21 case, assuming the defendant receives all of his or her good
22 conduct credit, the period of estimated actual custody is ...
23 years and ... months, less up to 180 days additional good
24 conduct credit for meritorious service. If the defendant,
25 because of his or her own misconduct or failure to comply
26 with the institutional regulations, does not receive those
27 credits, the actual time served in prison will be longer.
28 The defendant may also receive an additional one-half day
29 good conduct credit for each day of participation in
30 vocational, industry, substance abuse, and educational
31 programs as provided for by Illinois statute."
32 When the sentence is imposed for one of the offenses
33 enumerated in paragraph (a)(3) of Section 3-6-3, other than
34 when the sentence is imposed for one of the offenses
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1 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
2 or after June 19, 1998, and other than when the sentence is
3 imposed for reckless homicide as defined in subsection (e) of
4 Section 9-3 of the Criminal Code of 1961 if the offense was
5 committed on or after January 1, 1999, and other than when
6 the sentence is imposed for aggravated arson if the offense
7 was committed on or after the effective date of this
8 amendatory Act of the 93rd General Assembly, the judge's
9 statement, to be given after pronouncing the sentence, shall
10 include the following:
11 "The purpose of this statement is to inform the public of
12 the actual period of time this defendant is likely to spend
13 in prison as a result of this sentence. The actual period of
14 prison time served is determined by the statutes of Illinois
15 as applied to this sentence by the Illinois Department of
16 Corrections and the Illinois Prisoner Review Board. In this
17 case, assuming the defendant receives all of his or her good
18 conduct credit, the period of estimated actual custody is ...
19 years and ... months, less up to 90 days additional good
20 conduct credit for meritorious service. If the defendant,
21 because of his or her own misconduct or failure to comply
22 with the institutional regulations, does not receive those
23 credits, the actual time served in prison will be longer.
24 The defendant may also receive an additional one-half day
25 good conduct credit for each day of participation in
26 vocational, industry, substance abuse, and educational
27 programs as provided for by Illinois statute."
28 When the sentence is imposed for one of the offenses
29 enumerated in paragraph (a)(2) of Section 3-6-3, other than
30 first degree murder, and the offense was committed on or
31 after June 19, 1998, and when the sentence is imposed for
32 reckless homicide as defined in subsection (e) of Section 9-3
33 of the Criminal Code of 1961 if the offense was committed on
34 or after January 1, 1999, and when the sentence is imposed
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1 for aggravated arson if the offense was committed on or after
2 the effective date of this amendatory Act of the 93rd General
3 Assembly, the judge's statement, to be given after
4 pronouncing the sentence, shall include the following:
5 "The purpose of this statement is to inform the public of
6 the actual period of time this defendant is likely to spend
7 in prison as a result of this sentence. The actual period of
8 prison time served is determined by the statutes of Illinois
9 as applied to this sentence by the Illinois Department of
10 Corrections and the Illinois Prisoner Review Board. In this
11 case, the defendant is entitled to no more than 4 1/2 days of
12 good conduct credit for each month of his or her sentence of
13 imprisonment. Therefore, this defendant will serve at least
14 85% of his or her sentence. Assuming the defendant receives
15 4 1/2 days credit for each month of his or her sentence, the
16 period of estimated actual custody is ... years and ...
17 months. If the defendant, because of his or her own
18 misconduct or failure to comply with the institutional
19 regulations receives lesser credit, the actual time served in
20 prison will be longer."
21 When a sentence of imprisonment is imposed for first
22 degree murder and the offense was committed on or after June
23 19, 1998, the judge's statement, to be given after
24 pronouncing the sentence, shall include the following:
25 "The purpose of this statement is to inform the public of
26 the actual period of time this defendant is likely to spend
27 in prison as a result of this sentence. The actual period of
28 prison time served is determined by the statutes of Illinois
29 as applied to this sentence by the Illinois Department of
30 Corrections and the Illinois Prisoner Review Board. In this
31 case, the defendant is not entitled to good conduct credit.
32 Therefore, this defendant will serve 100% of his or her
33 sentence."
34 When the sentence is imposed for any offense that results
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1 in incarceration in a Department of Corrections facility
2 committed as a result of the use of, abuse of, or addiction
3 to alcohol or a controlled substance and committed on or
4 after the effective date of this amendatory Act of the 93rd
5 General Assembly, the judge's statement, in addition to any
6 other judge's statement required under this Section, to be
7 given after pronouncing the sentence, shall include the
8 following:
9 "The purpose of this statement is to inform the public of
10 the actual period of time this defendant is likely to spend
11 in prison as a result of this sentence. The actual period of
12 prison time served is determined by the statutes of Illinois
13 as applied to this sentence by the Illinois Department of
14 Corrections and the Illinois Prisoner Review Board. In this
15 case, the defendant shall receive no good conduct credit
16 until he or she participates in and completes a substance
17 abuse treatment program."
18 (d) When the defendant is committed to the Department of
19 Corrections, the State's Attorney shall and counsel for the
20 defendant may file a statement with the clerk of the court to
21 be transmitted to the department, agency or institution to
22 which the defendant is committed to furnish such department,
23 agency or institution with the facts and circumstances of the
24 offense for which the person was committed together with all
25 other factual information accessible to them in regard to the
26 person prior to his commitment relative to his habits,
27 associates, disposition and reputation and any other facts
28 and circumstances which may aid such department, agency or
29 institution during its custody of such person. The clerk
30 shall within 10 days after receiving any such statements
31 transmit a copy to such department, agency or institution and
32 a copy to the other party, provided, however, that this shall
33 not be cause for delay in conveying the person to the
34 department, agency or institution to which he has been
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1 committed.
2 (e) The clerk of the court shall transmit to the
3 department, agency or institution, if any, to which the
4 defendant is committed, the following:
5 (1) the sentence imposed;
6 (2) any statement by the court of the basis for
7 imposing the sentence;
8 (3) any presentence reports;
9 (4) the number of days, if any, which the defendant
10 has been in custody and for which he is entitled to
11 credit against the sentence, which information shall be
12 provided to the clerk by the sheriff;
13 (4.1) any finding of great bodily harm made by the
14 court with respect to an offense enumerated in subsection
15 (c-1);
16 (5) all statements filed under subsection (d) of
17 this Section;
18 (6) any medical or mental health records or
19 summaries of the defendant;
20 (7) the municipality where the arrest of the
21 offender or the commission of the offense has occurred,
22 where such municipality has a population of more than
23 25,000 persons;
24 (8) all statements made and evidence offered under
25 paragraph (7) of subsection (a) of this Section; and
26 (9) all additional matters which the court directs
27 the clerk to transmit.
28 (Source: P.A. 91-357, eff. 7-29-99; 91-899, eff. 1-1-01;
29 92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)
30 Section 99. Effective date. This Act takes effect
31 September 1, 2003.".