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HB4169 Engrossed |
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LRB096 02002 RLC 12013 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by |
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| changing Section 5-3-2 as follows:
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| (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
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| Sec. 5-3-2. Presentence Report.
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| (a) In felony cases, the presentence
report shall set |
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| forth:
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| (1) the defendant's history of delinquency or |
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| criminality,
physical and mental history and condition, |
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| family situation and
background, economic status, |
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| education, occupation and personal habits;
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| (2) information about special resources within the |
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| community
which might be available to assist the |
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| defendant's rehabilitation,
including treatment centers, |
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| residential facilities, vocational
training services, |
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| correctional manpower programs, employment
opportunities, |
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| special educational programs, alcohol and drug
abuse |
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| programming, psychiatric and marriage counseling, and |
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| other
programs and facilities which could aid the |
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| defendant's successful
reintegration into society;
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| (3) the effect the offense committed has had upon the |
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HB4169 Engrossed |
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LRB096 02002 RLC 12013 b |
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| victim or
victims thereof, and any compensatory benefit |
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| that various
sentencing alternatives would confer on such |
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| victim or victims;
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| (4) information concerning the defendant's status |
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| since arrest,
including his record if released on his own |
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| recognizance, or the
defendant's achievement record if |
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| released on a conditional
pre-trial supervision program;
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| (5) when appropriate, a plan, based upon the personal, |
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| economic
and social adjustment needs of the defendant, |
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| utilizing public and
private community resources as an |
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| alternative to institutional
sentencing;
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| (6) any other matters that the investigatory officer |
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| deems
relevant or the court directs to be included; and
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| (7) information concerning defendant's eligibility for |
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| a sentence to a
county impact incarceration program under |
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| Section 5-8-1.2 of this Code.
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| (b) The investigation shall include a physical and mental
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| examination of the defendant when so ordered by the court. If
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| the court determines that such an examination should be made, |
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| it
shall issue an order that the defendant submit to |
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| examination at
such time and place as designated by the court |
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| and that such
examination be conducted by a physician, |
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| psychologist or
psychiatrist designated by the court. Such an |
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| examination may
be conducted in a court clinic if so ordered by |
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| the court. The
cost of such examination shall be paid by the |
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| county in which
the trial is held.
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HB4169 Engrossed |
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LRB096 02002 RLC 12013 b |
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| (b-5) In cases involving felony sex offenses in which the |
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| offender is being considered for probation only or any felony |
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| offense that is
sexually motivated as defined in the Sex |
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| Offender Management Board Act in which the offender is being |
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| considered for probation only, the
investigation shall include |
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| a sex offender evaluation by an evaluator approved
by the Board |
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| and conducted in conformance with the standards developed under
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| the Sex Offender Management Board Act. In cases in which the |
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| offender is being considered for any mandatory prison sentence, |
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| the investigation shall not include a sex offender evaluation.
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| (c) In misdemeanor, business offense or petty offense |
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| cases, except as
specified in subsection (d) of this Section, |
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| when a presentence report has
been ordered by the court, such |
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| presentence report shall contain
information on the |
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| defendant's history of delinquency or criminality and
shall |
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| further contain only those matters listed in any of paragraphs |
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| (1)
through (6) of subsection (a) or in subsection (b) of this |
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| Section as are
specified by the court in its order for the |
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| report.
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| (d) In cases under Section 12-15 and Section 12-30 of the |
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| Criminal
Code of 1961, as amended, the presentence report shall |
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| set forth
information about alcohol, drug abuse, psychiatric, |
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| and marriage counseling
or other treatment programs and |
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| facilities, information on the defendant's
history of |
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| delinquency or criminality, and shall contain those additional
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| matters listed in any of paragraphs (1) through (6) of |