093_HB3555 LRB093 03902 RLC 03937 b 1 AN ACT in relation to sex offenders. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unified Code of Corrections is amended by 5 changing Sections 5-6-2 and 5-8-1 and adding Article 17 to 6 Chapter III as follows: 7 (730 ILCS 5/Chap. III, Art. 17 heading new) 8 ARTICLE 17. LIFETIME SUPERVISION OF 9 SEX OFFENDERS 10 (730 ILCS 5/3-17-1 new) 11 Sec. 3-17-1. Short title. This Article may be cited as 12 the Sex Offender Lifetime Supervision Law. 13 (730 ILCS 5/3-17-5 new) 14 Sec. 3-17-5. Legislative declaration. The General 15 Assembly finds that the majority of persons who commit sex 16 offenses, if incarcerated or supervised without treatment, 17 will continue to present a danger to the public when released 18 from incarceration and supervision. The General Assembly also 19 finds that keeping all sex offenders in lifetime 20 incarceration imposes an unacceptably high cost in both State 21 dollars and loss of human potential. The General Assembly 22 further finds that some sex offenders respond well to 23 treatment and can function as safe, responsible, and 24 contributing members of society, so long as they receive 25 treatment and supervision. The General Assembly declares that 26 a program under which sex offenders may receive treatment and 27 supervision for the rest of their lives, if necessary, is 28 necessary for the safety, health, and welfare of the State. -2- LRB093 03902 RLC 03937 b 1 (730 ILCS 5/3-17-10 new) 2 Sec. 3-17-10. Definitions. As used in this Article 17, 3 unless the context otherwise requires: 4 "Department" means the Department of Corrections. 5 "Management Board" means the Sex Offender Management 6 Board created in Section 15 of the Sex Offender Management 7 Board Act. 8 "Sex offender" means a person who is required to register 9 as a sex offender under the Sex Offender Registration Act. 10 "Sex offense" means a felony offense defined in Section 2 11 of the Sex Offender Registration Act. 12 (730 ILCS 5/3-17-15 new) 13 Sec. 3-17-15. Indeterminate sentence. 14 (a) (1) Except as otherwise provided in the Sexually 15 Violent Persons Commitment Act or the Sexually Dangerous 16 Persons Act or in this subsection (a) or in subsection (b) of 17 this Section, the circuit court shall sentence a sex offender 18 to the custody of the Department for an indeterminate term of 19 at least the minimum of the presumptive range specified in 20 Section 5-8-1 for the level of offense committed and a 21 maximum of the sex offender's natural life. 22 (2) If the sex offender committed a sex offense that 23 constitutes a violent crime, as defined in Section 3 of 24 the Rights of Crime Victims and Witnesses Act, the 25 circuit court shall sentence the sex offender to the 26 custody of the Department for an indeterminate term of at 27 least the midpoint in the presumptive range for the level 28 of offense committed and a maximum of the sex offender's 29 natural life. 30 (3) If the sex offender is a child sex offender as 31 defined in Section 11-9.3 of the Criminal Code of 1961, 32 the circuit court shall sentence the sex offender to the 33 custody of the Department for an indeterminate term of at -3- LRB093 03902 RLC 03937 b 1 least 3 times the upper limit of the presumptive range 2 for the level of offense committed under Section 5-8-1 3 and a maximum of the sex offender's natural life. 4 (4) If the sex offender committed a sex offense that 5 has as an element of the offense sexual penetration as 6 defined in Section 12-12 of the Criminal Code of 1961 and 7 the sex offender, prior to committing the offense, had 8 notice that he or she had tested positive for the human 9 immunodeficiency virus (HIV) that causes acquired immune 10 deficiency syndrome, the circuit court shall sentence the 11 sex offender to the custody of the Department for an 12 indeterminate term of at least 3 times the upper limit of 13 the presumptive range for the level of offense committed 14 and a maximum of the sex offender's natural life. 15 (b) (1) The circuit court, based on consideration of the 16 evaluation conducted under Section 15 of the Sex Offender 17 Management Board Act, and the factors specified in Section 18 5-6-1, may sentence a sex offender to probation for an 19 indeterminate period of at least 10 years, notwithstanding 20 the limits specified in Section 5-6-2, for a Class 4 felony 21 or 20 years for a Class 1, 2 or 3 felony and a maximum of the 22 sex offender's natural life; except that, if the sex offender 23 committed a sex offense that constitutes a violent crime, as 24 defined in Section 3 of the Rights of Crime Victims and 25 Witnesses Act, or committed a sex offense that makes him or 26 her eligible for sentencing under paragraph (3) of subsection 27 (b) of Section 12-13 of the Criminal Code of 1961, the court 28 shall sentence the sex offender to the Department of 29 Corrections as provided in subsection (a) of this Section. 30 For any sex offender sentenced to probation under this 31 subsection (b), the court shall order that the sex offender, 32 as a condition of probation, participate in an intensive 33 supervision probation program established under Section 34 3-17-30, until further order of the court. -4- LRB093 03902 RLC 03937 b 1 (2) The court, as a condition of probation, may 2 sentence a sex offender to a community correctional 3 center for a minimum period specified by the court. 4 Following completion of the minimum period, the sex 5 offender may be released to intensive supervision 6 probation as provided in Section 3-17-35. 7 (c) Each sex offender sentenced under this Section shall 8 be required as a part of the sentence to undergo treatment to 9 the extent appropriate as determined by the Management Board. 10 (d) (1) The court may sentence any person under the 11 provisions of this Section if: 12 (A) The person is convicted of or pleads 13 guilty to a crime specified in paragraph (2) of this 14 subsection (d); and 15 (B) An assessment of the person under Section 16 5-3-2 determines that the person is likely to commit 17 one or more of the offenses specified in Section 18 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-16.2 of 19 the Criminal Code of 1961 and may transmit the human 20 immunodeficiency virus or any other identified 21 causative agent of acquired immunodeficiency 22 syndrome. 23 (2) The provisions of this subsection (d) apply to 24 any person who is convicted of or pleads guilty to any of 25 the following offenses or criminal attempt, conspiracy, 26 or solicitation to commit any of the following offenses 27 under the Criminal Code of 1961: 28 (A) Indecent solicitation of a child under 29 Section 11-6; 30 (B) Felony indecent solicitation of an adult 31 under Section 11-6.5; 32 (C) Felony sexual exploitation of a child 33 under Section 11-9.1; 34 (D) Soliciting for a juvenile prostitute under -5- LRB093 03902 RLC 03937 b 1 Section 11-15.1; 2 (E) Keeping a place of juvenile prostitution 3 under Section 11-17.1; 4 (F) Patronizing a juvenile prostitute under 5 Section 11-18.1; 6 (G) Juvenile pimping under Section 11-19.1; or 7 (H) Exploitation of a child under Section 8 11-19.2. 9 (3) Any person sentenced as a sex offender under 10 this subsection (d) shall be subject to the provisions of 11 this Article. 12 (e) (1) Any sex offender sentenced under subsection (a) 13 or (d) of this Section and convicted of one or more 14 additional crimes arising out of the same incident as the sex 15 offense shall be sentenced for the sex offense and such other 16 crimes so that the sentences are served consecutively rather 17 than concurrently. 18 (2) (A) Except as otherwise provided in 19 subparagraph (B) of this paragraph (2), if a sex 20 offender sentenced under this Article is convicted of a 21 subsequent crime prior to being discharged from parole or 22 mandatory supervised release under Section 3-17-25 or 23 discharged from probation under Section 3-17-35, any 24 sentence imposed for the second crime may not supersede 25 the sex offender's sentence under the provisions of this 26 Article. If the sex offender commits the subsequent crime 27 while he or she is on parole or mandatory supervised 28 release or probation and the sex offender receives a 29 sentence to the Department of Corrections for the 30 subsequent crime, the sex offender's parole or mandatory 31 supervised release or probation shall be deemed revoked 32 under Section 3-17-45, and the sex offender shall 33 continue to be subject to the provisions of this Article. 34 (B) The provisions of subparagraph (A) of -6- LRB093 03902 RLC 03937 b 1 this paragraph (2) do not apply if the sex offender 2 commits a subsequent crime for which the penalty 3 upon conviction is death or a term of natural life 4 imprisonment. 5 (730 ILCS 5/3-17-20 new) 6 Sec. 3-17-20. Parole or mandatory supervised release; 7 intensive supervision program. 8 (a) The Department shall establish an intensive 9 supervision parole or mandatory supervised release program 10 for sex offenders sentenced to incarceration and subsequently 11 released on parole or mandatory supervised release under this 12 Article. In addition, the Prisoner Review Board may require a 13 person, as a condition of parole or mandatory supervised 14 release, to participate in the intensive supervision parole 15 or mandatory supervised release program established under 16 this Section if the person is convicted of: 17 (1) Felony public indecency under Section 11-9 of 18 the Criminal Code of 1961; 19 (2) Criminal attempt, conspiracy, or solicitation 20 to commit any of the offenses specified in Section 21 3-17-10, which attempt, conspiracy, or solicitation would 22 constitute a felony; or 23 (3) Any of the offenses specified in paragraph (2) 24 of subsection (d) of Section 3-17-15. 25 (b) In addition to the persons specified in subsection 26 (a) of this Section, the Prisoner Review Board shall require, 27 as a condition of parole or mandatory supervised release, any 28 person convicted of a felony sex offense who fails to 29 register as a sex offender, as described in Section 2 of the 30 Sex Offender Registration Act, who is sentenced to 31 incarceration and subsequently released on parole or 32 mandatory supervised release, to participate in the intensive 33 supervision parole or mandatory supervised release program -7- LRB093 03902 RLC 03937 b 1 established under this Section. 2 (c) The Department shall require that sex offenders and 3 any other persons in the intensive supervision parole or 4 mandatory supervised release program established under this 5 Section receive the highest level of supervision that is 6 provided to parolees or mandatory supervised releasees. The 7 intensive supervision parole or mandatory supervised release 8 program may include, but is not limited to, severely 9 restricted activities, daily contact between the sex offender 10 or other person and the parole or supervising officer, 11 monitored curfew, home visitation, employment visitation and 12 monitoring, drug and alcohol screening, treatment referrals 13 and monitoring, including physiological monitoring, and 14 payment of restitution. In addition, the intensive 15 supervision parole or mandatory supervised release program 16 shall be designed to minimize the risk to the public to the 17 greatest extent possible. 18 (d) The Director of Corrections shall establish and 19 enforce standards and criteria for administration of the 20 intensive supervision parole or mandatory supervised release 21 program created under this Section. 22 (730 ILCS 5/3-17-25 new) 23 Sec. 3-17-25. Release from incarceration; parole or 24 mandatory supervised release; conditions. 25 (a) (1) On completion of the minimum period of 26 incarceration specified in a sex offender's indeterminate 27 sentence, less any good conduct credits that the sex offender 28 received under Section 3-6-3, the Prisoner Review Board shall 29 schedule a hearing to determine whether the sex offender may 30 be released on parole or mandatory supervised release. In 31 determining whether to release the sex offender on parole or 32 mandatory supervised release, the Prisoner Review Board shall 33 determine whether the sex offender has successfully -8- LRB093 03902 RLC 03937 b 1 progressed in treatment and would not pose an undue threat to 2 the community if released under appropriate treatment and 3 monitoring requirements and whether there is a strong and 4 reasonable probability that the person will not thereafter 5 violate the law. The Department shall make recommendations to 6 the Prisoner Review Board concerning whether the sex offender 7 should be released on parole or mandatory supervised release 8 and the level of treatment and monitoring that should be 9 imposed as a condition of parole or mandatory supervised 10 release. The recommendation shall be based on the criteria 11 established by the Management Board under Section 3-17-40. 12 (2) If a sex offender is released on parole or 13 mandatory supervised release under this Section, the sex 14 offender's sentence to incarceration shall continue and 15 shall not be deemed discharged until such time as the 16 Prisoner Review Board may discharge the sex offender from 17 parole or mandatory supervised release under subsection 18 (c) of this Section. The period of parole or mandatory 19 supervised release for any sex offender convicted of 20 first degree murder or a Class X felony shall be an 21 indeterminate term of at least 20 years and a maximum of 22 the remainder of the sex offender's natural life. The 23 period of parole or mandatory supervised release for any 24 sex offender convicted of a Class 1, 2, 3, or 4 felony 25 shall be an indeterminate term of at least 10 years and a 26 maximum of the remainder of the sex offender's natural 27 life. 28 (3) If the Prisoner Review Board does not release 29 the sex offender on parole or mandatory supervised 30 release under paragraph (1) of this subsection (a), the 31 Prisoner Review Board shall review such denial at least 32 once every 3 years until it determines that the sex 33 offender meets the criteria for release on parole or 34 mandatory supervised release specified in paragraph (1) -9- LRB093 03902 RLC 03937 b 1 of this subsection (a). At each review, the Department 2 shall make recommendations, based on the criteria 3 established by the Management Board under Section 4 3-17-40, concerning whether the sex offender should be 5 released on parole or mandatory supervised release. 6 (b) (1) As a condition of release on parole or mandatory 7 supervised release under this Section, a sex offender shall 8 participate in the intensive supervision parole or mandatory 9 supervised release program created by the Department under 10 Section 3-17-20. Participation in the intensive supervision 11 parole or mandatory supervised release program shall continue 12 until the sex offender can demonstrate that he or she has 13 successfully progressed in treatment and would not pose an 14 undue threat to the community if paroled or released on 15 mandatory supervision at a lower level of supervision, at 16 which time the sex offender's parole or supervising officer 17 may petition the Prisoner Review Board for a reduction in the 18 sex offender's level of supervision. The sex offender's 19 parole or supervising officer and treatment provider shall 20 make recommendations to the Prisoner Review Board concerning 21 whether the sex offender has met the requirements specified 22 in this subsection (b) such that the level of parole or 23 mandatory supervised release supervision should be reduced. 24 The recommendations shall be based on the criteria 25 established by the Management Board under Section 3-17-40. 26 (2) Following reduction in a sex offender's level of 27 parole or mandatory supervised release supervision under 28 paragraph (1) of this subsection (b), the sex offender's 29 parole or supervising officer may return the sex offender 30 to the intensive supervision parole or mandatory 31 supervised release program if the parole or supervising 32 officer determines that an increased level of supervision 33 is necessary to protect the public safety. The parole or 34 supervising officer shall notify the Prisoner Review -10- LRB093 03902 RLC 03937 b 1 Board as soon as possible after returning the sex 2 offender to the intensive supervision parole or mandatory 3 supervised release program. To subsequently reduce the 4 sex offender's level of supervision, the parole or 5 supervising officer may petition the Prisoner Review 6 Board as provided in paragraph (1) of this subsection 7 (b). 8 (c) (1) On completion of 20 years on parole or mandatory 9 supervised release for any sex offender convicted of first 10 degree murder or a Class X felony or on completion of 10 11 years of parole or mandatory supervised release for any sex 12 offender convicted of a Class 1, 2, 3, or 4 felony, the 13 Prisoner Review Board shall schedule a hearing to determine 14 whether the sex offender may be discharged from parole or 15 mandatory supervised release. In determining whether to 16 discharge the sex offender from parole or mandatory 17 supervised release, the Prisoner Review Board shall determine 18 whether the sex offender has successfully progressed in 19 treatment and would not pose an undue threat to the community 20 if allowed to live in the community without treatment or 21 supervision. The sex offender's parole or supervising officer 22 and treatment provider shall make recommendations to the 23 Prisoner Review Board concerning whether the sex offender has 24 met the requirements specified in this subsection (c) such 25 that the sex offender should be discharged from parole or 26 mandatory supervised release. The recommendations shall be 27 based on the criteria established by the Management Board 28 under Section 3-17-40. 29 (2) If the Prisoner Review Board does not discharge 30 the sex offender from parole or mandatory supervised 31 release under paragraph (1) of this subsection (c), the 32 Prisoner Review Board shall review such denial at least 33 once every 3 years until it determines that the sex 34 offender meets the criteria for discharge specified in -11- LRB093 03902 RLC 03937 b 1 paragraph (1) of this subsection (c). At each review, the 2 sex offender's parole or supervising officer and 3 treatment provider shall make recommendations, based on 4 the criteria established by the Management Board under 5 Section 3-17-40, concerning whether the sex offender 6 should be discharged. 7 (d) In determining whether to release a sex offender on 8 parole or mandatory supervised release, reduce the level of 9 supervision, or discharge a sex offender from parole or 10 mandatory supervised release under this Section, the Prisoner 11 Review Board shall consider the recommendations of the 12 Department and the sex offender's parole or supervising 13 officer and treatment provider. If the Prisoner Review Board 14 chooses not to follow the recommendations made, it shall make 15 findings on the record in support of its decision. 16 (730 ILCS 5/3-17-30 new) 17 Sec. 3-17-30. Probation; intensive supervision program. 18 (a) The Division of Probation Services of the Supreme 19 Court shall establish an intensive supervision probation 20 program for sex offenders sentenced to probation under this 21 Article. In addition, the court shall require a person, as a 22 condition of probation, to participate in the intensive 23 supervision probation program established under this Section 24 if the person is convicted of one of the following offenses 25 and sentenced to probation: 26 (A) Felony public indecency under Section 11-9 27 of the Criminal Code of 1961; 28 (B) Criminal attempt, conspiracy, or 29 solicitation to commit any of the offenses specified 30 in Section 3-17-10, which attempt, conspiracy, or 31 solicitation would constitute a felony; 32 (C) Any of the offenses specified in paragraph 33 (2) of subsection (d) of Section 3-17-15; -12- LRB093 03902 RLC 03937 b 1 (D) Any felony offense that involves unlawful 2 sexual behavior or any felony offense with an 3 underlying factual basis, as determined by the 4 court, resulting in a conviction or plea of guilty 5 on or after the effective date of this amendatory 6 Act of the 93rd General Assembly; or 7 (E) Criminal sexual assault or aggravated 8 criminal sexual abuse. 9 (b) The Division of Probation Services of the Supreme 10 Court may establish the intensive supervision probation 11 program in any judicial district or combination of judicial 12 districts. 13 (c) In addition to the persons specified in subsection 14 (a) of this Section, the court shall require any person 15 convicted of a felony sex offense who fails to register as a 16 sex offender under the Sex Offender Registration Act and who 17 is sentenced to probation to participate, as a condition of 18 probation and until further order of the court, in the 19 intensive supervision probation program established under 20 this Section. 21 (d) The Division of Probation Services of the Supreme 22 Court shall require that sex offenders and any other persons 23 participating in the intensive supervision probation program 24 created under this Section receive the highest level of 25 supervision that is provided to probationers. The intensive 26 supervision probation program may include but need not be 27 limited to severely restricted activities, daily contact 28 between the sex offender or other person and the probation 29 officer, monitored curfew, home visitation, employment 30 visitation and monitoring, drug and alcohol screening, 31 treatment referrals and monitoring, including physiological 32 monitoring, and payment of restitution. In addition, the 33 intensive supervision probation program shall be designed to 34 minimize the risk to the public to the greatest extent -13- LRB093 03902 RLC 03937 b 1 possible. 2 (e) The Division of Probation Services of the Supreme 3 Court shall establish and enforce standards and criteria for 4 administration of the intensive supervision probation program 5 created under this Section. 6 (f) For the purposes of this Section, "convicted" means a 7 conviction as defined in Section 5-1-5. 8 (730 ILCS 5/3-17-35 new) 9 Sec. 3-17-35. Probation; conditions; release. 10 (a) If the court sentences a sex offender to probation, 11 in addition to any conditions imposed under Section 5-6-3, 12 the court shall require as a condition of probation that the 13 sex offender participate until further order of the court in 14 the intensive supervision probation program created under 15 Section 3-17-30. 16 (a-5) If the court as a condition of probation sentences 17 a sex offender to a community correctional program, following 18 completion of the minimum period of sentence specified by the 19 court, the community correctional program shall notify the 20 Division of Probation Services of the Supreme Court when it 21 determines that the sex offender has successfully progressed 22 in treatment and would not pose an undue threat to the 23 community if allowed to live in the community while 24 continuing on intensive supervision probation. The community 25 correctional program shall base its determination on the 26 criteria established by the Management Board under Section 27 3-17-40. The Division of Probation Services of the Supreme 28 Court shall file the recommendations of the community 29 correctional program with the court. Upon order of the court, 30 the sex offender shall be released from the community 31 correctional program, and the court shall order the sex 32 offender, as a condition of probation, to participate in the 33 intensive supervision program created in Section 3-17-30. The -14- LRB093 03902 RLC 03937 b 1 sex offender shall participate in the program until further 2 order of the court. 3 (b) On completion of 20 years of probation for any sex 4 offender convicted of a Class 1, 2, or 3 felony or on 5 completion of 10 years of probation for any sex offender 6 convicted of a Class 4 felony, the court shall schedule a 7 review hearing to determine whether the sex offender should 8 be discharged from probation. In making its determination, 9 the court shall determine whether the sex offender has 10 successfully progressed in treatment and would not pose an 11 undue threat to the community if allowed to live in the 12 community without treatment or supervision. The sex 13 offender's probation officer and treatment provider shall 14 make recommendations to the court concerning whether the sex 15 offender has met the requirements of this Section such that 16 he or she should be discharged from probation. 17 (c) (1) In determining whether to discharge a sex 18 offender from probation under this Section, the court shall 19 consider the recommendations of the sex offender's probation 20 officer and treatment provider. The recommendations of the 21 probation officer and the treatment provider shall be based 22 on the criteria established by the Management Board under 23 Section 3-17-40. If the court chooses not to follow the 24 recommendations made, the court shall make findings on the 25 record in support of its decision. 26 (2) If the court does not discharge the sex offender 27 from probation under paragraph (1) of this subsection 28 (c), the court shall review such denial at least once 29 every 3 years until it determines that the sex offender 30 meets the criteria for discharge as specified in 31 paragraph (1) of this subsection (c). At each review, the 32 sex offender's probation officer and treatment provider 33 shall make recommendations, based on the criteria 34 established by the Management Board under Section -15- LRB093 03902 RLC 03937 b 1 3-17-40, concerning whether the sex offender should be 2 discharged. 3 (730 ILCS 5/3-17-40 new) 4 Sec. 3-17-40. Criteria for release from incarceration, 5 reduction in supervision, and discharge. On or before July 6 1, 2005, the Management Board, in collaboration with the 7 Department of Corrections, the Division of Probation Services 8 of the Supreme Court, and the Prisoner Review Board, shall 9 establish the following: 10 (1) The criteria by and the manner in which a sex 11 offender may demonstrate that he or she would not pose an 12 undue threat to the community if released on parole or 13 mandatory supervised release or to a lower level of 14 supervision while on parole or mandatory supervised 15 release or probation or if discharged from parole or 16 mandatory supervised release or probation. The court and 17 the Prisoner Review Board may use the criteria to assist 18 in making decisions concerning release of a sex offender, 19 reduction of the level of supervision for a sex offender, 20 and discharge of a sex offender. 21 (2) The methods of determining whether a sex 22 offender has successfully progressed in treatment. 23 (3) Standards for community entities that provide 24 supervision and treatment specifically designed for sex 25 offenders who have developmental disabilities. At a 26 minimum, the standards shall determine whether an entity 27 would provide adequate support and supervision to 28 minimize any threat that the sex offender may pose to the 29 community. 30 (730 ILCS 5/3-17-45 new) 31 Sec. 3-17-45. Arrest of parolee or mandatory supervised 32 releasee or probationer; revocation. -16- LRB093 03902 RLC 03937 b 1 (a) (1) A sex offender paroled or released on mandatory 2 supervised release under Section 3-17-25 is subject to arrest 3 and revocation of parole or mandatory supervised release as 4 provided in Section 3-3-9. At any revocation proceeding, the 5 sex offender's parole or supervising officer and the 6 treatment provider shall submit written recommendations 7 concerning the level of treatment and monitoring that should 8 be imposed as a condition of parole or mandatory supervised 9 release if parole or mandatory supervised release is not 10 revoked or whether the sex offender poses a sufficient threat 11 to the community that parole or mandatory supervised release 12 should be revoked. The recommendations shall be based on the 13 criteria established by the Management Board under Section 14 3-17-40. If the Prisoner Review Board revokes the sex 15 offender's parole or mandatory supervised release under 16 Section 3-3-9, the sex offender shall continue to be subject 17 to the provisions of this Article. 18 (2) At a revocation hearing held under this 19 subsection (a), the Prisoner Review Board shall consider 20 the recommendations of the parole or supervising officer 21 and the treatment provider, in addition to evidence 22 concerning any of the grounds for revocation of parole or 23 mandatory supervised release specified in Section 3-3-9. 24 If the Prisoner Review Board chooses not to follow the 25 recommendations made, it shall make findings on the 26 record in support of its decision. 27 (b) (1) A sex offender sentenced to probation under 28 Section 3-17-15 is subject to arrest and revocation of 29 probation as provided in Section 5-6-4. At any revocation 30 proceeding, the sex offender's probation officer and the sex 31 offender's treatment provider shall submit recommendations 32 concerning the level of treatment and monitoring that should 33 be imposed as a condition of probation if probation is not 34 revoked or whether the sex offender poses a sufficient threat -17- LRB093 03902 RLC 03937 b 1 to the community that probation should be revoked. The 2 recommendations shall be based on the criteria established by 3 the Management Board under Section 3-17-40. If the court 4 revokes the sex offender's probation, the court shall 5 sentence the sex offender as provided in Section 3-17-15, and 6 the sex offender shall be subject to the provisions of this 7 Article. 8 (2) At a revocation hearing held under this 9 subsection (b), the court shall consider the 10 recommendations of the probation officer and the 11 treatment provider, in addition to evidence concerning 12 any of the grounds for revocation of probation specified 13 in Section 5-6-4. If the court chooses not to follow the 14 recommendations made, it shall make findings on the 15 record in support of its decision. 16 (730 ILCS 5/3-17-50 new) 17 Sec. 3-17-50. Annual report. On or before November 1, 18 2004, and on or before each November 1 thereafter, the 19 Department of Corrections, the Department of State Police, 20 and the Division of Probation Services of the Supreme Court 21 shall submit a report to the judiciary committees of the 22 House of Representatives and the Senate specifying, at a 23 minimum: 24 (a) The impact on the prison population, the parole or 25 mandatory supervised release population, and the probation 26 population in the State due to the extended length of 27 incarceration and supervision provided for in Sections 28 3-17-15, 3-17-25, and 3-17-35; 29 (b) The number of offenders placed in the intensive 30 supervision parole or mandatory supervised release program 31 and the intensive supervision probation program and the 32 length of supervision of offenders in the programs; 33 (c) The number of sex offenders sentenced under this -18- LRB093 03902 RLC 03937 b 1 Article who received parole or mandatory supervised release 2 hearings and the number released on parole or mandatory 3 supervised release during the preceding 12 months, if any; 4 (d) The number of sex offenders sentenced under this 5 Article who received parole or mandatory supervised release 6 or probation discharge hearings and the number discharged 7 from parole or mandatory supervised release or probation 8 during the preceding 12 months, if any; 9 (e) The number of sex offenders sentenced under this 10 Article who received parole or mandatory supervised release 11 or probation revocation hearings and the number whose parole 12 or mandatory supervised release or probation was revoked 13 during the preceding 12 months, if any; 14 (f) A summary of the evaluation instruments developed by 15 the Management Board and use of the evaluation instruments in 16 evaluating sex offenders under this Article; and 17 (g) The availability of sex offender treatment providers 18 throughout the State, including location of the treatment 19 providers, the services provided, and the amount paid by 20 offenders and by the State for the services provided, and the 21 manner of regulation and review of the services provided by 22 sex offender treatment providers. 23 (730 ILCS 5/3-17-55 new) 24 Sec. 3-17-55. Applicability of Article. The provisions 25 of this Article apply to any person who commits a sex offense 26 on or after the effective date of this amendatory Act of the 27 93rd General Assembly. 28 (730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2) 29 Sec. 5-6-2. Incidents of Probation and of Conditional 30 Discharge. 31 (a) When an offender is sentenced to probation or 32 conditional discharge, the court shall impose a period under -19- LRB093 03902 RLC 03937 b 1 paragraph (b) of this Section, and shall specify the 2 conditions under Section 5-6-3. 3 (b) Except as otherwise provided in Article 17 of 4 Chapter III, unless terminated sooner as provided in 5 paragraph (c) of this Section or extended pursuant to 6 paragraph (e) of this Section, the period of probation or 7 conditional discharge shall be as follows: 8 (1) for a Class 1 or Class 2 felony, not to exceed 9 4 years; 10 (2) for a Class 3 or Class 4 felony, not to exceed 11 30 months; 12 (3) for a misdemeanor, not to exceed 2 years; 13 (4) for a petty offense, not to exceed 6 months. 14 Multiple terms of probation imposed at the same time 15 shall run concurrently. 16 (c) The court may at any time terminate probation or 17 conditional discharge if warranted by the conduct of the 18 offender and the ends of justice, as provided in Section 19 5-6-4. 20 (d) Upon the expiration or termination of the period of 21 probation or of conditional discharge, the court shall enter 22 an order discharging the offender. 23 (e) The court may extend any period of probation or 24 conditional discharge beyond the limits set forth in 25 paragraph (b) of this Section upon a violation of a condition 26 of the probation or conditional discharge, for the payment of 27 an assessment required by Section 10.3 of the Cannabis 28 Control Act or Section 411.2 of the Illinois Controlled 29 Substances Act, or for the payment of restitution as provided 30 by an order of restitution under Section 5-5-6 of this Code. 31 (Source: P.A. 91-153, eff. 1-1-00.) 32 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) 33 Sec. 5-8-1. Sentence of Imprisonment for Felony. -20- LRB093 03902 RLC 03937 b 1 (a) Except as otherwise provided in the statute defining 2 the offense or as otherwise provided in Article 17 of Chapter 3 III, a sentence of imprisonment for a felony shall be a 4 determinate sentence set by the court under this Section, 5 according to the following limitations: 6 (1) for first degree murder, 7 (a) a term shall be not less than 20 years and 8 not more than 60 years, or 9 (b) if a trier of fact finds beyond a 10 reasonable doubt that the murder was accompanied by 11 exceptionally brutal or heinous behavior indicative 12 of wanton cruelty or, except as set forth in 13 subsection (a)(1)(c) of this Section, that any of 14 the aggravating factors listed in subsection (b) of 15 Section 9-1 of the Criminal Code of 1961 are 16 present, the court may sentence the defendant to a 17 term of natural life imprisonment, or 18 (c) the court shall sentence the defendant to 19 a term of natural life imprisonment when the death 20 penalty is not imposed if the defendant, 21 (i) has previously been convicted of 22 first degree murder under any state or federal 23 law, or 24 (ii) is a person who, at the time of the 25 commission of the murder, had attained the age 26 of 17 or more and is found guilty of murdering 27 an individual under 12 years of age; or, 28 irrespective of the defendant's age at the time 29 of the commission of the offense, is found 30 guilty of murdering more than one victim, or 31 (iii) is found guilty of murdering a 32 peace officer or fireman when the peace officer 33 or fireman was killed in the course of 34 performing his official duties, or to prevent -21- LRB093 03902 RLC 03937 b 1 the peace officer or fireman from performing 2 his official duties, or in retaliation for the 3 peace officer or fireman performing his 4 official duties, and the defendant knew or 5 should have known that the murdered individual 6 was a peace officer or fireman, or 7 (iv) is found guilty of murdering an 8 employee of an institution or facility of the 9 Department of Corrections, or any similar local 10 correctional agency, when the employee was 11 killed in the course of performing his official 12 duties, or to prevent the employee from 13 performing his official duties, or in 14 retaliation for the employee performing his 15 official duties, or 16 (v) is found guilty of murdering an 17 emergency medical technician - ambulance, 18 emergency medical technician - intermediate, 19 emergency medical technician - paramedic, 20 ambulance driver or other medical assistance or 21 first aid person while employed by a 22 municipality or other governmental unit when 23 the person was killed in the course of 24 performing official duties or to prevent the 25 person from performing official duties or in 26 retaliation for performing official duties and 27 the defendant knew or should have known that 28 the murdered individual was an emergency 29 medical technician - ambulance, emergency 30 medical technician - intermediate, emergency 31 medical technician - paramedic, ambulance 32 driver, or other medical assistant or first aid 33 personnel, or 34 (vi) is a person who, at the time of the -22- LRB093 03902 RLC 03937 b 1 commission of the murder, had not attained the 2 age of 17, and is found guilty of murdering a 3 person under 12 years of age and the murder is 4 committed during the course of aggravated 5 criminal sexual assault, criminal sexual 6 assault, or aggravated kidnaping, or 7 (vii) is found guilty of first degree 8 murder and the murder was committed by reason 9 of any person's activity as a community 10 policing volunteer or to prevent any person 11 from engaging in activity as a community 12 policing volunteer. For the purpose of this 13 Section, "community policing volunteer" has the 14 meaning ascribed to it in Section 2-3.5 of the 15 Criminal Code of 1961. 16 For purposes of clause (v), "emergency medical 17 technician - ambulance", "emergency medical 18 technician - intermediate", "emergency medical 19 technician - paramedic", have the meanings ascribed 20 to them in the Emergency Medical Services (EMS) 21 Systems Act. 22 (d) (i) if the person committed the offense 23 while armed with a firearm, 15 years shall be 24 added to the term of imprisonment imposed by 25 the court; 26 (ii) if, during the commission of the 27 offense, the person personally discharged a 28 firearm, 20 years shall be added to the term of 29 imprisonment imposed by the court; 30 (iii) if, during the commission of the 31 offense, the person personally discharged a 32 firearm that proximately caused great bodily 33 harm, permanent disability, permanent 34 disfigurement, or death to another person, 25 -23- LRB093 03902 RLC 03937 b 1 years or up to a term of natural life shall be 2 added to the term of imprisonment imposed by 3 the court. 4 (1.5) for second degree murder, a term shall be not 5 less than 4 years and not more than 20 years; 6 (2) for a person adjudged a habitual criminal under 7 Article 33B of the Criminal Code of 1961, as amended, the 8 sentence shall be a term of natural life imprisonment; 9 (2.5) for a person convicted under the 10 circumstances described in paragraph (3) of subsection 11 (b) of Section 12-13, paragraph (2) of subsection (d) of 12 Section 12-14, paragraph (1.2) of subsection (b) of 13 Section 12-14.1, or paragraph (2) of subsection (b) of 14 Section 12-14.1 of the Criminal Code of 1961, the 15 sentence shall be a term of natural life imprisonment; 16 (3) except as otherwise provided in the statute 17 defining the offense, for a Class X felony, the sentence 18 shall be not less than 6 years and not more than 30 19 years; 20 (4) for a Class 1 felony, other than second degree 21 murder, the sentence shall be not less than 4 years and 22 not more than 15 years; 23 (5) for a Class 2 felony, the sentence shall be not 24 less than 3 years and not more than 7 years; 25 (6) for a Class 3 felony, the sentence shall be not 26 less than 2 years and not more than 5 years; 27 (7) for a Class 4 felony, the sentence shall be not 28 less than 1 year and not more than 3 years. 29 (b) The sentencing judge in each felony conviction shall 30 set forth his reasons for imposing the particular sentence he 31 enters in the case, as provided in Section 5-4-1 of this 32 Code. Those reasons may include any mitigating or 33 aggravating factors specified in this Code, or the lack of 34 any such circumstances, as well as any other such factors as -24- LRB093 03902 RLC 03937 b 1 the judge shall set forth on the record that are consistent 2 with the purposes and principles of sentencing set out in 3 this Code. 4 (c) A motion to reduce a sentence may be made, or the 5 court may reduce a sentence without motion, within 30 days 6 after the sentence is imposed. A defendant's challenge to 7 the correctness of a sentence or to any aspect of the 8 sentencing hearing shall be made by a written motion filed 9 within 30 days following the imposition of sentence. 10 However, the court may not increase a sentence once it is 11 imposed. 12 If a motion filed pursuant to this subsection is timely 13 filed within 30 days after the sentence is imposed, the 14 proponent of the motion shall exercise due diligence in 15 seeking a determination on the motion and the court shall 16 thereafter decide such motion within a reasonable time. 17 If a motion filed pursuant to this subsection is timely 18 filed within 30 days after the sentence is imposed, then for 19 purposes of perfecting an appeal, a final judgment shall not 20 be considered to have been entered until the motion to reduce 21 a sentence has been decided by order entered by the trial 22 court. 23 A motion filed pursuant to this subsection shall not be 24 considered to have been timely filed unless it is filed with 25 the circuit court clerk within 30 days after the sentence is 26 imposed together with a notice of motion, which notice of 27 motion shall set the motion on the court's calendar on a date 28 certain within a reasonable time after the date of filing. 29 (d) Except where a term of natural life is imposed, 30 every sentence shall include as though written therein a term 31 in addition to the term of imprisonment. For those sentenced 32 under the law in effect prior to February 1, 1978, such term 33 shall be identified as a parole term. For those sentenced on 34 or after February 1, 1978, such term shall be identified as a -25- LRB093 03902 RLC 03937 b 1 mandatory supervised release term. Subject to earlier 2 termination under Section 3-3-8 or as otherwise provided in 3 Article 17 of Chapter III, the parole or mandatory supervised 4 release term shall be as follows: 5 (1) for first degree murder or a Class X felony, 3 6 years; 7 (2) for a Class 1 felony or a Class 2 felony, 2 8 years; 9 (3) for a Class 3 felony or a Class 4 felony, 1 10 year; 11 (4) if the victim is under 18 years of age, for a 12 second or subsequent offense of criminal sexual assault 13 or aggravated criminal sexual assault, 5 years, at least 14 the first 2 years of which the defendant shall serve in 15 an electronic home detention program under Article 8A of 16 Chapter V of this Code; 17 (5) if the victim is under 18 years of age, for a 18 second or subsequent offense of aggravated criminal 19 sexual abuse or felony criminal sexual abuse, 4 years, at 20 least the first 2 years of which the defendant shall 21 serve in an electronic home detention program under 22 Article 8A of Chapter V of this Code. 23 (e) A defendant who has a previous and unexpired 24 sentence of imprisonment imposed by another state or by any 25 district court of the United States and who, after sentence 26 for a crime in Illinois, must return to serve the unexpired 27 prior sentence may have his sentence by the Illinois court 28 ordered to be concurrent with the prior sentence in the other 29 state. The court may order that any time served on the 30 unexpired portion of the sentence in the other state, prior 31 to his return to Illinois, shall be credited on his Illinois 32 sentence. The other state shall be furnished with a copy of 33 the order imposing sentence which shall provide that, when 34 the offender is released from confinement of the other state, -26- LRB093 03902 RLC 03937 b 1 whether by parole or by termination of sentence, the offender 2 shall be transferred by the Sheriff of the committing county 3 to the Illinois Department of Corrections. The court shall 4 cause the Department of Corrections to be notified of such 5 sentence at the time of commitment and to be provided with 6 copies of all records regarding the sentence. 7 (f) A defendant who has a previous and unexpired 8 sentence of imprisonment imposed by an Illinois circuit court 9 for a crime in this State and who is subsequently sentenced 10 to a term of imprisonment by another state or by any district 11 court of the United States and who has served a term of 12 imprisonment imposed by the other state or district court of 13 the United States, and must return to serve the unexpired 14 prior sentence imposed by the Illinois Circuit Court may 15 apply to the court which imposed sentence to have his 16 sentence reduced. 17 The circuit court may order that any time served on the 18 sentence imposed by the other state or district court of the 19 United States be credited on his Illinois sentence. Such 20 application for reduction of a sentence under this 21 subsection (f) shall be made within 30 days after the 22 defendant has completed the sentence imposed by the other 23 state or district court of the United States. 24 (Source: P.A. 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; 25 91-953, eff. 2-23-01; 92-16, eff. 6-28-01.)